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Friday, January 17, 2014 at 4:17 pm

County Court Report: Le Roy rapist given 18 years in prison

post by Howard Owens in batavia, crime, Le Roy
Charles Johnson

A 29-year-old man who broke into the apartment of a woman in Le Roy and raped her at knifepoint has been sent to prison for 18 years by Judge Robert C. Noonan.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, will also be required to have 25 years of post-release supervision.

Johnson entered a guilty plea Nov. 26 in an agreement with prosecutors that he serve no more than 18 years in prison.  The minimum sentence available to Noonan, which he rejected, was eight years.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

Johnson was identified as the suspect through DNA evidence, leading to his quick arrest following the May 9 rape.

Michael Nicometo

Also in Genesee County Court today: Michael A. Nicometo, 28, of 45 North St., Le Roy, who was scheduled for sentencing this morning on his conviction for burglary, 3rd. Nicometo was involved in the heist of high-voltage copper wire from industrial buildings in Le Roy. Nicometo missed his appearance time today and a warrant was issued for his arrest. In the afternoon, he voluntarily appeared in court and his sentencing has been rescheduled for 11:45 a.m., Monday. Earlier this month, Nicometo missed his scheduled sentencing appearance because he was reportedly hospitalized in Rochester. Police arrested Nicometo in March following an investigation into the theft of high-voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

Shane Bell

Yesterday in County Court, Shane M. Bell, 47, of 161 Jackson St., Batavia., charged with assault in the 2nd degree for allegedly hitting a man outside the Harvester bar on Harvester Avenue, was scheduled for a plea cut-off hearing. The plea cut-off date was extended to Jan. 23. If Bell and his attorney are unable to reach a plea agreement with the District Attorney's Office by that date, he will go to trial April 21.

Monday, January 13, 2014 at 10:32 am

Law and Order: Batavia man accused of identity theft

post by Howard Owens in batavia, byron, corfu, crime, elba, Le Roy, pembroke, Stafford

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with identify theft, 2nd, and grand larceny, 4th. Brade is accused of fraudulent use of a debit card. Brade allegedly used the card to purchase items over the Internet. Following arraignment in Batavia City Court, Brade was released under supervision of Genesee Justice.

Douglas Robert Brown, 45, of South Main Street, Elba, is charged with criminal possession of a weapon, 4th. Brown was arrested following an investigation into a complaint of an irate truck driver who made a delivery to Automotive Corp., Inc. Brown was allegedly found in possession of a billy club.

Thomas James Rose, 18, of Ford Road, Elba, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, criminal use of drug paraphernalia and unlawful possession of marijuana. Rose was found to allegedly possess drugs and paraphernalia during an investigation by Deputy Joseph Corona and Deputy Howard Carlson of an incident at a residence in Byron at 2:30 a.m., Saturday.

Arthur Mack Osborne, 47, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Osborne is accused of violating a complete stay away order by going to the residence of the protected person and being in contact with that person.

Paul Joseph Kirch, 27, of Angling Road, Corfu, was arrested on a warrant out of the Town of Amherst related to a disorderly conduct charge. Kirch was located when a deputy checked on a vehicle parked on the shoulder of a roadway. Upon investigation, Kirch was identified as a suspect with an active arrest warrant.

Cynthia Louise Reschke, 50, of Transit Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely. Reschke was stopped at 1:36 a.m. Sunday on Morganville Road, Stafford, by Deputy Joseph Corona.

Stephen A. Getty, 43, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a highway. Getty was stopped at 5:11 p.m. Friday on Main Road, Pembroke, by Deputy Kevin McCarthy.

Louis Levon Wooden, 28, of Salina Street, Rochester, is charged with petit larceny. Wooden is accused of shoplifting at Walmart. Also charged with petit larceny is Tymekia T. Gaskin, 39, of Champlain Street, Rochester.

Ann Lee Cox, 42, of Main Street, Attica, is charged with criminal possession of a controlled substance, driving while ability impaired by drugs, driving while ability impaired by combined drugs and moving from lane unsafely. Cox was arrested following an investigation by Deputy Kevin McCarthy into a single-car accident on Route 98, Alexander, at 4:22 a.m. on Oct. 20.

Emily Grace Lemen, 19, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Lemen was allegedly driving a vehicle at 4 p.m. on Jan. 6 that went down an embankment at the 490 off-ramp at Route 19. The accident was investigated by Deputy Matthew Butler.

Saturday, January 11, 2014 at 7:23 pm

Northwoods in Le Roy among gun clubs joining in 'Shot Heard Round NY' protest

post by Howard Owens in 2nd Amendment, Le Roy

Whatever illusion Gov. Andrew Cuomo might have once had that opposition to the signature piece of legislation during his term would eventually fade away should be largely dispelled after a day like today.

Throughout New York today gun owners gathered at gun clubs to fire a single shot in protest at precisely noon in what was dubbed by organizers as "The Shot Heard Round New York."

More than 80 gun owners turned out at the Northwoods Sportsman Club on Gulf Road in Le Roy. There was also a protest in Batavia at Godfrey's Pond.

"I think it's huge that people took the time, in the rain, to come out and protest this," said Christina Marinaccio, who helped organize the event at Northwoods.

Sen. Mike Ranzenhofer and Assemblyman Steve Hawley participated in the protest.

"I thought it important to show solidarity with SCOPE and these hunting groups that are so opposed to the SAFE Act, as am I," Ranzenhofer said. "We're very dissatisfied, not only with the law itself, but the way it's been implemented."

Both Ranzenhofer and Hawley said Cuomo badly miscalculated when he rammed the unconstitutional gun control legislation through on the backs of support from Downstate interests. He clearly didn't understand how seriously the majority of Upstate New Yorkers take the U.S. Constitution.

"We're talking about the Constitution of the United States of America and as far as I know, New York is part of our country," Hawley said. "The SAFE Act was excuted last year under the cover of darkness and excluded every single New Yorker from having a discussion about the act. The papers were still hot off the presses when the Senate voted on it and we voted on it the next day.  We're run by New York City in this state and apparently those that are from Downstate choose to ignore the Constitution."

Ranzenhofer said his constituents find the legislation insulting.

"The comment I hear all the time is you're taking people who are law-abiding citizens and labeling them as criminals, and they're very offended by that," Ranzenhofer said. "These are people who have lived, and paid their taxes, here in Genesee County and across the state their whole lives. They're very upset."

One of the participants, John Marinaccio (Christina's brother), said the protest does send an important message to everybody in the state.

"We're able to unite all these people with a common interest and show everyone else out there why it's so important to us," Marinaccio said. "We feel that by rallying together like this we're proving that to people."

Christina said there is a direct problem with the SAFE Act that's going to hit the club.

"Our youth program is core of this club," Marinaccio said. "We're struggling right now because we won't be able to provide ammunition for our kids once the SAFE Act's provisions for background checks on ammunition goes through. It's really going to be a big hit for us because we really built up the program by offering the kids a chance to come down here and shoot for free."

Wednesday, January 8, 2014 at 7:49 am

Accident with injuries reported on Route 19 at Selden Road

post by Howard Owens in accident, Le Roy

A two-car motor vehicle accident is reported on Route 19 and Selden Road, Le Roy.

Le Roy fire and ambulance dispatched.

There are reportedly a number of cars off the road at Ford Hill.

UPDATE 6:54 a.m.: A chief on scene confirms multiple cars off the road. Route 19 is being shut down.

UPDATE 6:55 a.m.: DOT requested to the scene. Heavy ice conditions. More manpower requested to the scene.

UPDATE 7 a.m.: Another vehicle is reported off the road on Griswold Road, Le Roy, with significant damage. There's also a property damage accident, reported before the one on Route 19, on Perry Road. The travel ban for the county was only just lifted now.

UPDATE 7:06 a.m.: A deputy informs dispatch that unless DOT can get the road cleaned up, Route 19 is going to be shut down for a while.

UPDATE 7:11 a.m.: Le Roy's ambulance, with no patients to treat, is being repositioned at Selden Road so its emergency lights can be used to help control traffic. It's in service if needed for a medical call. A DOT plow just arrived on scene, but the truck doesn't have any salt. A chief says, "He can't help us. Don't send him through. I don't need that here."

UPDATE 7:56 a.m.: All vehicles have been removed. Le Roy fire is keeping the road shut down until it's salted. The DOT truck is expected back, with salt.

Tuesday, January 7, 2014 at 8:34 pm

Closing in Genesee County for Wednesday

post by Howard Owens in accident, Le Roy

Here are the closings and cancellations we have so far for Wednesday in Genesee County:

  • Batavia City Schools
  • Oakfield-Alabama Central Schools
  • Elba Central Schools
  • Pavilion Central Schools
  • Le Roy Central Schools
  • Pembroke Central Schools
  • Alexander Central Schools
  • Notre Dame
  • Byron-Bergen Central Schools
  • Pembroke Family Medicine until noon
  • The Corfu Village Court is closed and court is cancelled.
  • The Genesee County YMCA will open at 8:30 a.m., Wednesday, January 8th. No classes or programs will take place before noon.
  • P.W.Minor in Batavia will be closed on Wednesday, January 8, 2014 for all employees except Customer Service; Customer Service employees should contact their supervisor for instructions.
  • Sonshine Patch Child Care Center
  • From UMMC: All services of United Memorial will resume today with the following exceptions due to the weather: Jerome Center Diagnostics will delay opening until 8 a.m., Elective Surgery will be delayed one hour, and Pembroke Diagnostics will be closed this morning. Patients should not drive until the travel ban has been lifted. All staff should plan to report to work as scheduled for today unless notified by their manager.
  • Cornell Cooperative Extension Genesee County will delay start time today till 9 am.
  • Trash pick-up by Nu Way is delayed a day.

There is hope the travel ban currently in place for Genesee County will be lifted in the morning.

E-mail closings and cancellations to howard@thebatavian.com.

Monday, January 6, 2014 at 5:02 pm

Weather-related incidents for Monday

post by Howard Owens in Le Roy, weather

This post will stick to the top of the home page today and we will keep it as updated as we possibly can with weather-related incidents. Other news stories, if any, will continue to be published as normal, so scroll down. Also, scroll down for our post listing cancellations that we know about.

UPDATE 4:20 p.m.: A vehicle skidded down a steep embankment after exiting the westbound Route 490 at the Le Roy exit at Vallance Road. The female driver is said to be in and out of consciousness, possibly due to a medical issue. Le Roy fire and ambulance service are responding.

UPDATE 4:42 p.m. (by Howard): Photo of what it looked like downtown about 10 minutes ago.

UPDATE 5:38 p.m. (by Howard): A blizzard warning is effect until 6 a.m., Wednesday. Snow accumulations of 6 to 12 inches tonight, 9 to 17 inches Tuesday and 1 to 3 inches Tuesday night. Gusts up to 45 mph with visibility near zero. Wind chill below 30 degrees. Numerous roadways will be covered throughout Tuesday. Up to four inches of snowfall per hour are possible at times in the heaviest bands of lake effect snow. High winds will create drifting and blowing snow. Whiteout conditions are expected at times.

UPDATE 6:09 p.m. (by Billie): Route 98 is shut down at Lockport and Oak Orchard roads because of a motor-vehicle accident, unknown injuries, at Quaker Hill and Lockport roads. Elba fire is on scene, Mercy medics arrived non-emergency.

UPDATE 7:55 p.m.: There are three cars off the roadway in the area of Daws Corners. One is unoccupied. Civilians are on scene trying to help and a tow is in route. A trooper is on scene.

UPDATE 8 p.m.: There's a report of a car off the road on Route 77 with an unconscious driver. Darien fire dispatched.

UPDATE 8:02 p.m.: Town of Batavia is responding to a report of a truck off the Thruway. Unknown injuries.

UPDATE 8:05 p.m.: A milk truck half full of milk has overturned on Route 20 near Roanoke Road. The driver is uninjured but is unable to get out of the vehicle. Another car is reported off the road, Route 77, Darien.

UPDATE 8:13 p.m.: Route 20 being closed at Texaco Town and at Pavilion Center Road. A chief says, "it's a complete whiteout up here."

UPDATE 8:18 p.m.: A truck is off the road, partially blocking Route 20 between Smithley and Attica roads.

UPDATE 8:21 p.m.: Photo above of West Main Street, Batavia, at 7:15 p.m.. A Pembroke chief reports a lot of trucks backed up on the westbound Thruway.

UPDATE 8:27 p.m.: To keep up with the latest news on cancellations and closings, click here. We just added a closing for Wyoming County: grand jury postponed for a day.

UPDATE 8:43 p.m.: There's a wrecker coming for the milk truck. Route 20 should reopen in about five minutes. A deputy just cleared a call and asked if there were more calls. "Yeah, a lot of them. One at 20 and Harlow, 20 and 77, though a wrecker's coming for that one."

UPDATE 8:52 p.m.: The tow for the milk truck is coming from Farmington. It has another truck to pump out first. Pavilion is clearing the scene until the tow arrives and Route 20 is being reopened until the tow arrives.

UPDATE 8:56 p.m.: The tow from Farmington is now NOT coming. The Pavilion chief asks if there's a local tow. A dispatcher is checking. The truck (or its cargo) weighs 84,000 pounds.

UPDATE 8:58 p.m.: Genesee County Emergency Services has requested that all volunteer fire departments man their halls with a crew for at least one engine through the next 24 hours.

UPDATE 9:02 p.m.: A Pembroke chief advises dispatchers that truckers are lining up, parked, on the east side of Route 77 near the Flying J.

UPDATE 9:13 p.m.: A truck is off the road in the area of 471 Route 5, partially blocking.

UPDATE 9:23 p.m.: No local tow for the milk truck. When the boss gets their the driver and the boss will talk it over. They may just leave the truck for now.

UPDATE 9:28 p.m.: The on-again-off-again local tow for the milk truck may be on again in about 20 minutes.

UPDATE 9:31 p.m.: A car is in a ditch off Route 20 near Route 63. Two occupants. No injuries reported.

UPDATE 9:49 p.m.: Pavilion fire dispatched to Burley Hill for traffic control because a truck is disabled and blocking multiple lanes.

UPDATE 9:51 p.m.: A trooper trying to find the car in the ditch off Route 20 reported "it's complete whiteout conditions out here." 

UPDATE 9:52 p.m.: The driver of the car says she sees an SUV nearby in a ditch with its four-ways on. The trooper now on scene reports four cars off the road. The dispatcher reports, "she's excited to see you." The trooper replies, "and I'm excited to see them, too."

UPDATE 9:55 p.m.: The trooper reports the car isn't really in the ditch, but there's a lot of snow and no visibility, so the driver is just staying put for now. They do have a baby on board. The trooper is checking on the other cars.

UPDATE 9:59 p.m.: The trooper is giving a woman driver a ride home and picking up the two women with a child. "They're not going anywhere fast."

UPDATE 10:14 p.m.: There's much less activity now. Unless circumstances change, we're suspending updates to this post. (Time to try get some sleep and be ready for tomorrow.)

UPDATE 10:45 p.m.: There's a water main break on Ross Street. Route 63 is reopened. 

UPDATE 10:48 p.m.: They can't offload the milk. It's not leaking. The owner is considering just leaving it until the weather clears. A GCSO supervisor says that's fine if it isn't a hazard. The deputy and owner are going to discuss it some more. There are now two heavy wreckers and a service truck in route to that location from a another call.

Monday, January 6, 2014 at 10:36 am

Law and Order: Trio accused of stealing TVs, game and laptop from Walmart in Warsaw

post by Howard Owens in Attica, batavia, crime, Le Roy

Deborah A. Blackmar, 50, of Le Roy, Miranda A. Ralston, 27, of York, and Aaron M. Higgins, 33, of York, are all charged with petit larceny and conspiracy, 6th. Ralston and Higgins are also charged with criminal possession of stolen property. State Police in Warsaw accuse the trio of stealing, on two separate occasions in December, merchandise from the Walmart in Warsaw. The items allegedly stolen include two flat-screen TVs, a Blue Ray disc player, a laptop computer and other items, with a total value of $1,500. Most of the items were allegedly recovered at a residence in York. The Sheriff's offices in Livingston and Genesee counties, along with Le Roy PD, assisted in the 10-day investigation, which culminated in the Dec. 28 arrest of the three suspects.

Donald E. Cameron Jr., 54, of 9200 York Road, Le Roy, is charged with DWI and refusing to take breath test. Cameron was arrested after Le Roy PD was dispatched to McDonald's to check on the welfare of a woman. By the time, officers arrived, the woman had left McDonald's, but was located in a vehicle operated by Cameron. She was fine, but upon further investigation, officers determined that Cameron had allegedly been driving drunk.

Justin Samuel Fagan, 28, of Ellicott Street, Batavia, is charged with assault, 2nd. This is an upgraded charge. Fagan was arrested and initially charged with third-degree assault on Dec. 29 following an alleged incident at the Blue Dog Saloon in Attica. The upgraded charge alleges serious physical injury to the victim.

Michael Christopher Schulz, 31, of Buffalo Street Road, Attica, was arrested on a Family Court warrant. Schulz was arrested by Attica PD on a Family Court warrant and turned over to the Genesee County Sheriff's Office. Schulz was jailed on $2,000 cash bail or $4,000 bond.

Troy Christian Shepard, 31, of Tracy Avenue, Batavia, is charged with petit larceny. Shepard is accused of shoplifting at Walmart.

Saturday, January 4, 2014 at 9:15 pm

House fire on Robbins Road, Le Roy

post by Billie Owens in fire, Le Roy

A house fire is reported at 9284 Robbins Road. Le Roy Fire Department is responding along with a Le Roy ambulance and a ladder truck from Bergen.

UPDATE 8:15 p.m.:  A responder reports it's a kitchen stove fire.

UPDATE 8:18 p.m. (by Howard): A chief requests a thermal camera. "It may have gotten up into the ceiling," he says. The City of Batavia's Fast Team is requested to the scene.

UPDATE 8:22 p.m. (by Howard): Pavilion responding. Stafford requested to Le Roy's hall.

UPDATE 8:24 p.m.: Interior firefighter reports the fire is knocked down. Checking for extensions.


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Thursday, January 2, 2014 at 11:37 am

Convicted industrial burglar reportedly hospitalized and unable to appear for sentencing

post by Howard Owens in crime, Le Roy

A 28 year old Le Roy man accused of stealing high voltage wire didn't appear for his sentencing today reportedly because he's been hospitalized at Strong.

Meanwhile, Judge Robert C. Noonan said that he's been notified Michael A. Nicometo, of 45 North St., hasn't reported to Genesee Justice per the terms of his release under supervision since Oct. 30.

In November, a warrant was issued for his arrest.

Nicometo's attorney, Brian Degnan, was given until close of business tomorrow to produce documentation that his client is indeed hospitalized.

"I have no problem picking a date (for Nicometo's next appearance), but if he's at liberty and located, he will be brought in," Noonan said.

Nicometo entered a guilty plea Sept. 20 to one count of third-degree burglary on an Alford basis. An Alford plea means the defendant is not admitting to the crime, just that the evidence, if presented to a jury, would likely lead to his conviction.

He was indicted by a Genesee County grand jury in early September on two counts of burglary, 3rd, and one count of grand larceny, 3rd.

Police arrested Nicometo in March following an investigation into the theft of high voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

The new scheduled sentencing date for Nicometo is 9 a.m., Jan. 17.

Wednesday, January 1, 2014 at 7:27 pm

Chimney fire reported on Lyman Road, Bergen.

post by Howard Owens in fire, Le Roy

A chimney fire is reported at 7231 Lyman Road, Bergen.

Bergen fire is responding with mutual from Le Roy.

The first chief on scene reports smoke coming from the structure.

At the same time as this call, Le Roy has a call in the village for medical assistance. Pavilion is being dispatched mutual aid.

UPDATE 6:54 p.m.: Le Roy is back in service.

UPDATE 7:14 p.m.: Bergen is back in service.

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