Pavilion

We missed a jury trial last month and we just learned that the defendant was found not guilty. Because of the nature and seriousness of the charges, which we previously reported, we thought there should be some public notice of the outcome of the case.

Timothy J. Petrie, 42, of Pavilion, was found not guilty following a three-day jury trial on all 10 counts of first-degree sexual abuse and on one count of endangering the welfare of a child.

Willie J. Thomas, 37, of 5 Raymond Ave., Batavia, and Maurice G. Leach, 37, of 212 State St., Batavia, are charged with unnecessary/unreasonable noise under the Batavia Municipal Code, Section 120-3(1). Thomas and Leach were allegedly disturbing the neighborhood on State Street at 10:20 p.m. Saturday by yelling.

Kenneth M. Gray Jr., 21, of 77 Myrtle St., Le Roy, is charged with unlawful possession of marijuana. Gray was arrested at 2:22 p.m. Sunday at 112 W. Main St., Batavia, by Sgt. Jason Davis. No further details released.

Brian R. Orbaker, 40, of 14 Oak St., #2, Batavia, is charged with harassment, 2nd. Orbaker is accused of punching another person in the face while they passed each other on bicycles in the area of 1 W. Main St., Batavia, at 10:05 p.m. Friday.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is charged with harassment, 2nd. Dejesus is accused of hitting a woman in the face with a trash can lid and threatening her with a machete.

Jacob and Steven Weber, father and son, entered guilty pleas in Town of Pavilion Court to 45 and 15, respectively, violations of the state's property maintenance code.

Under the plea deal, Jacob Weber will avoid jail time, but Steven Weber could still be incarcerated if he does not rid his property of the remaining seven disabled, unregistered vehicles on his property at 11076 Lake Road.

Weber admitted in court today that he had 16 unregistered, disabled vehicles on his property -- one more than the law allows. He made a point of clarifying before pleading guilty that he was allowed one vehicle on the property.

The 46 vehicles on property owned by Jacob and Mary Weber at 11256 Perry Road are also apparently the property of Steven Weber.

The Webers are scheduled to appear for sentencing at 3 p.m., Aug. 13.

Town of Pavilion Attorney Jamie Welch said the agreement includes no sentence cap and doesn't limit any possible fines beyond what is allowed under the law.

Previously: Town of Pavilion begins enforcement effort on two properties with alleged code violations

It's been 20 or 30 years since the Town of Pavilion held a Pavilion Days festival, and this year Town Clerk Cindy Starr and her sister Ann Stehlar (second picture) worked hard to bring it back. The event featured live music, food and vendor booths from local businesses and artisans.

A suspect has been arrested in the armed robbery June 12 of Pandora's Boxxx, Ellicott Street Road, Batavia.

Investigators executed a search warrant just after midnight at a residence on Washington Avenue and took into custody 36-year-old Sean P. Case.

Case is charged with robbery in the second degree, a Class C felony.

Case is also a person of interest in an armed robbery of a convenience store in Pavilion on Monday night.

It's alleged that Case used a sawed-off shotgun when he entered Pandora's Boxxx at 11:38 p.m. just as a clerk was closing the store and demanded the store's money.

Case was taken into custody last night without incident when members of Batavia PD's Emergency Response Team came to his door.

Participating in the investigation and arrest were deputies James Diehl and Frank Bordonaro, Investigator Kristopher A. Kautz, the Local Drug Enforcement Task Force, Batavia PD and the District Attorney's Office.

The investigation is ongoing and additional charges are possible.

Following arraignment in Town of Batavia Court, Case was jailed without bail.

Two men who were found wandering on Transit Road after a burglary on Shepard Road, Pavilion, were questioned by State Police and released, according to Trooper Victor Morales, public information officer for Troop A, Batavia.

The first man was taken into custody while State Police were still trying to determine if anybody was in the house on Transit Road.

He was questioned and denied any knowledge of the house.

The burglary was reported just before noon. Multiple law enforcement agencies responded. A witness hadn't seen the suspects leave the house, so as a precaution before sending troopers in to search the house, robots were used to check inside.

The robots were able to help investigators determine that the house had, in fact, been broken into, but it took a contingent of troopers actually going inside to confirm the house was unoccupied.

The burglars apparently managed to escape before back-up law enforcement units arrived.

Hours after State Police cleared the scene, at about 7:30 p.m., dispatchers received reports of a man approaching residents on Transit Road, not far from the burglary scene, asking for directions to Texaco Town and asking to use a telephone.

Deputies and troopers converged on the area and the State Police helicopter was called in.

At about 8 p.m., while a trooper was talking to a resident and the subject of the search walked toward them and was taken into custody.

He was taken to the Batavia Barracks and questioned, but was later released from custody.

The investigation is continuing.

State Police have not said whether any physical evidence that could aid the investigation was recovered inside the house.

Previously:

• Law enforcement scours Pavilion for burglary suspects
• Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place
• Second suspicious person taken into custody in area of Pavilion burglary

Here are the latest indictments issued by the Genesee County Grand Jury:

Kyle H. Morse is indicted on four counts, all stemming from alleged actions on Sept. 21, 2012 in the Town of Elba.

He is accused of criminal sexual act in the first degree, a class-B felony, for allegedly engaging in oral sexual conduct with another person by forcible compulsion.

In count two of the indictment, Morse is accused of sexual abuse in the first degree, a class-D violent felony, for allegedly subjecting another person to sexual contact by forcible compulsion.

In count three, Morse is accused of criminal sexual act in the third degree, a class-E felony, for allegedly engaging in oral sexual conduct with another person without that person's consent. This alleged lack of consent was by reason of some factor other than incapacity to consent.

In count four, Morse is accused of sexual misconduct, a class-A misdemeanor, for allegedly engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by vurtue of being less than 17 years old.

John J. Slack and Penny S. Sprague are both indicted on two counts each stemming from alleged actions June 16-17, 2012 on Knowlesville Road in the Town of Alabama.

In count one, they are accused of second-degree burglary, a class-C violent felony, for allegedly  entering and remaining unlawfully in a dwelling with the intent to commit a crime. In count two, they are accused of grand larceny in the third degree, a class-D felony, for allegedly stealing property having a value in excess of $3,000 -- in this case, jewelry, money, electonic devices and other property valued at about $11,000.

Franchesca A. Barrome is accused of criminal possession of stolen property in the fourth degree, a class-E felony. It is alleged that during Feb. 5-17, 2013, in the Town of Batavia she knowingly possessed stolen property with intent to benefit herself or a person other than the owner, or to impede recovery of the property by the owner. The property was a college ID card.

In count two of the indictment, Barrome is accused of petit larceny, a class-A misdemeanor, for allegedly stealing property by using the ID card to make unauthorized purchases. In count three, she is accused of criminal trespass in the second degree, a class-A misdemeanor, for allegedly entering and remaining unlawfully in a dwelling.

Gary W. Woronowski is accused of driving while intoxicated, a class-E felony, for allegedly operating a 2000 Subaru while intoxicated. This allegedly occurred Feb.1, 2013 on Main Road in the Town of Pembroke. In count two, he is accused of driving while intoxicated, per se, as a class-E felony, for allegedly having a BAC of .08 or more at the time.

Woronowski is also accused of having been convicted of DWI, as a misdemeanor, in 2007 which is within 10 years of the crimes alleged in this indictment.

Chad M. Dart is accused of driving while intoxicated, a class-E felony, for driving a 2013 Chevy pickup on Route 33 in the Town of Stafford on March 10, 2013 while intoxicated. He is also accused of having been convicted of DWI, as a misdemeanor, in 2004, which is within 10 years of the crime alleged in the indicment.

Lastly, the Grand Jury returned a No Bill on DWI charges against Ronald J. Tombari III stemming from alleged incidents which occurred Dec. 12, 2012 in the Town of Pavilion.

Update on the burglary in Pavilion today: A second person of interest was taken into custody by State Police on Transit Road about 8 p.m. less than two miles from the burglary location.

The man was identified as an individual who had approached two residents on Transit Road looking to use a telephone and asking for directions to Texeco Town.

After residents reported the suspicious behavior. State Police and the Sheriff's Office set up a perimeter around the area and the State Police helicopter was called in to assist in the search.

A trooper who had just joined the search stopped on Transit Road to talk with one of the homeowners and while they were talking, the subject of the search walked toward them and the trooper ordered him onto the ground.

The subject was taken back to the Batavia Barracks for questioning. No word yet confirming whether he was involved with the burglary.

Previously: Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place

For nearly five hours today, State Police commanders figured time was on their side after receiving a report that would-be burglars were still inside a residence on Shepard Road in Pavilion.

A neighbor saw an older tan minivan pull into the driveway of the residence and two men got out and appeared to enter the house. The minivan then left.

Trooper John Szymkowiak arrived on scene within minutes of the initial report and a witness told him that the men he'd seen enter the house hadn't left.

Szymkowiak, who was dispatched just before noon, immediately called for backup and requested assistance to establish a perimeter around the house. He also requested an investigator from the Batavia Barracks and a K-9 to the scene.

State Police were assisted by the Livingston County Sheriff's Office and the uniformed and plain clothes members of the Genesee County Sheriff's Office. Deputies also set up road blocks on both ends of Shepard Road for a couple of hours and patrolled the area looking for the minivan.

With all the necessary support in place, State Police commanders took a very deliberate approach to determining whether the suspects were still inside.

"Once we have a perimeter set up, we know nobody is going to leave at that point," said State Police Lt. Kurt Schmidt. "Apparently they got out before we set up, but you can never help that. We set up a quick perimeter, so we're sure at that point that the house is ours. There's only a very few things that would make us want to hurry and none of those were present today."

The first step in the deliberate process of determining whether suspects were inside was to deploy a robot from the Livingston County Sheriff's Office. That robot, equipped with a camera, checked all around the house looking for any evidence of entry or exit.

Next, the robot unit from the State Police arrived on scene. So two robots were deployed. One was equipped with a key to the entry door from the garage. The other was used to drop a steel block in place to hold the door open once it was unlocked.

The robots then entered the house and began a room-by-room check of most of the downstairs.

With the owner watching a television over the shoulder of one of the robot operators, he could see that a TV was missing, drawers and been opened and other items were missing from their proper locations.

At that point, with confirmation that burglars had entered the house, Schmidt said the operation took an even more methodical approach to ensure no suspects were inside.

"We have technology and we're not in any big hurry," Schmidt said. "We have a visual on all sides. We have robots that go inside, so no troopers are in any danger. That takes time and you get kind of tired waiting around, but it's worth it because we don't want to take a risk."

As time dragged on, State Police began to increasingly believe the structure was empty, so members of the other agencies began to peel away and go back in service.

The robots continued to search the house and its operators told to any possible suspects inside that the robot was from the State Police and that K-9s would be sent into the house if they didn't surrender.

A door was closed to one downstairs room and a robot was positioned there, so if suspects were inside they wouldn't be able to open the door.

About this time, a man who had been found wandering down Transit Road was brought to the scene. The Rochester resident couldn't explain why he was in Pavilion, according to police, so he was taken into custody and transported to the Batavia Barracks for questioning.

"The person we're speaking to now stated he was never at this house," Schmidt said. "We believe he was, but we don't have any evidence to say he was, so he's not giving us anything -- as far as anybody else who might have been around."

The person being questioned is black. A witness could describe the skin color of the men who entered the house, but believed they were wearing colorful clothes.

The suspect vehicle is described as an older tan minivan, which was last seen on Transit Road.

After the suspicious person was taken into custody, the State Police helicopter was dispatched to conduct a search of the area.

Once the robots had searched the house a bit, Schmidt said police felt there was little chance the suspects were still inside, but as a matter of continued caution, K-9s on long leashes were sent in first.

It took about 20 minutes for troopers to clear the house and confirm the suspects were no longer inside.

It appeared that most, if not all, of the homeowner's belongings that the burglars intended to steal were stacked by the front door, waiting for the minivan to return for loading, but Szymkowiak had arrived on scene before that could happen.

Schmidt said troopers take crimes such as this seriously and do everything they can to bring the culprits to justice.

"For burglary in progress, I don't know the term, I guess, it's a hot call," Schmidt said. "That's somebody's home and it's broad daylight. None of the residents were at home, but it's a sensitive issue. Your home is your castle and somebody is entering that right during broad daylight so that gets our attention. We hope we can catch them. We hope to catch them today."

At 7:15 p.m., the helicopter was still searching the area and troopers and investigators were still on scene.

UPDATE 8:06 p.m.: A suspect law enforcement was looking for is now in custody. They had been looking in the area of Sparks, Shepard and Transit roads. They learned that a Hispanic male went to a couple of residences and asked to use the phone. One of the residents tried to keep the suspect in sight. The man asked for directions to Texaco Town.

Shortly before noon today residents on Shepard Road in Pavilion saw a light-colored minivan pull up to a neigbor's house. Witnesses said two men got out of the vehicle and knocked on the front door, then went around to the back of the house and the van drove away.

The neighbors called law enforcement and when State Troopers arrived, witnesses told them that they believed the two men entered the house and might still be inside. State Police and Sheriff's deputies from Genesee and Livingston counties responded to the scene.

A robot was deployed to check the interior of the house and with the help of the homeowner, intestigators determined someone had been in the house and items were missing.

A man from Rochester was located about an hour ago walking on Transit Road and is now in custody. It's unconfirmed whether he's connected to the case. A State Police helicopter has been deployed to search the area. State Police are still on scene.

A couple of minutes ago, Mercy medics were called non-emergency to stage in the area of Transit and Shepard roads to possibly assist the police.

(Howard is there and will have more complete coverage later.)

UPDATE 4:32 p.m.: The State Police entered the house found no one inside, thus clearing the scene. It appears the burglars were thwarted in their crime, leaving items taken from the house piled by the front door.

Jeremy K. Hogeboom, 38, of South Pearl Street Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, speed not reasonable nor prudent, failure to keep right and unlawful possession of marijuana. Hogeboom was stopped at 12:06 a.m. Friday on Phelps Road, Pembroke, by Deputy James Diehl.

Tyler J. Aina, 21, of 13929 Waterport Circle Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, driving left of pavement marketings and failure to stop at stop sign. Aina was stopped by Officer Darryle Streeter at 1:09 a.m. June 15 on Oak Street.

Derrick R. Kio, 22, of 5471 Hudson Road, Pavilion, is charged with disobeying mandate. Kio is accused of violating an order of protection by calling the protected person.

Keith B. Besaw, 42, of 61 1/2 North Lyon St., Batavia, is charged with operating a motor vehicle without an inspection certificate. Besaw was taken into custody by Batavia PD on an arrest warrant issued in City Court.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Doward was allegedly involved in a domestic incident.

A 17-year-old resident of Swamp Road, Byron, is charged with petit larceny. The youth is accused of shoplifting $39.72 in merchandise from Walmart.

Debra M. Davis, 53, and Samantha B. Steiner, 22, both of 620 Yacht Club Drive, Machias, are charged with petit larceny. Davis and Steiner were arrested by State Police in connection with an alleged incident reported in the Town of Alabama in October. No further details released.

Pavilion Fire Department and medics are responding to an accident in Wyoming County at Route 63 and Boyd Road. The southbound lane is closed and the accident is blocking traffic. The driver is complaining of back pain and two infants will need to be evaluated.

UPDATE 2:28 p.m.: The road is reopened and the Pavilion assignment is back in service.

Route 63 is closed in both directions near the county line in Pavilion for a motor-vehicle accident.

A person may have a neck injury.

Pavilion Fire Department and Mercy EMS is on scene.

UPDATE 7:50 a.m.: One person transported to a hospital, another was a sign-off. Pavilion back in service.

A garage fire was reported in Pavilion overnight at 6638 Ellicott Street Road.

Pavilion Fire Department along with Bethany, Stafford and Le Roy responded to the 1:50 a.m. alarm.

The garage was destroyed, causing an estimated $20,000 in damage.

The cause of the fire has not been determined.

The property is owned by Jason A. Howland.

Photos provided by Joel Murcin.

It smarted, Esther Leadley, when she didn't get the GOP's endorsement for the District 6 seat on the Genesee County Legislature.

The incumbent legislator vowed not to run a primary against the endorsed candidate, Greg Torrey, but that doesn't mean she will give up her seat without a fight.

Leadley announced today that she is running in November's general election.

"I am challenging the endorsed candidate for the District 6 seat on the Genesee County Legislature," Leadley said. "District 6 consists of the towns of Alexander (which includes the Village of Alexander), Bethany and Pavilion. I believe my experience on the Legislature and knowledge of the district and county are of considerable value to District 6 and all residents of the county."

It's been a challenge, Leadley said, to learn the ins-and-outs of running as an independent candidate.

"It smarted when I wasn't endorsed but I never lost my footing and my integrity is intact," Leadley said. "It took several weeks to decide what to do with what had been handed to me.  The outcome of this challenge will be decided at the polls in November."

Leadley also said running primary elections add to county expense and so it's better to run in the general election if she wants to retain her seat.

The new voting machines create an enormous cost because they have to be moved from and back to the controlled storage space," Leadley said. "Staffing at the polls and paper ballots add to the costs. District 6 taxpayers should not have to pay for a political disagreement. The County Board of Elections also sustains large expenses for a primary. Indirectly, those costs come out of taxpayers' pockets at the County level as well. In effect, District 6 taxpayers would pay twice for a primary. I would be irresponsible if I were to force a primary."

A two-car accident with injuries is reported at Route 19 and Cato Street in Pavilion. Pavilion Fire Department and Mercy medics are responding.

UPDATE 3:14 p.m.: One vehicle is blocking the roadway.

UPDATE 3:36 p.m.: One person was a sign-off; another was transported to Strong Memorial Hospital. The Pavilion assignment is back in service.

Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.