Robert R. Davis, 48, 1355 Main Road, Corfu, is charged with criminal possession of a weapon in the fourth degree. On Nov. 15, the Sheriff's Office received a report of a reckless driver in the area of 8483 Allegheny Road. During the investigation, Deputy Howard Carlson came into contact with Davis and during the investigation, reportedly discovered a switchblade knife on Davis.

Paul Ryan Tenney, who admitted back in September that he stole more than $106,000 from his employer, Elcon, Inc., has still not been sentenced for his crime.

He remains in jail without bail. This afternoon, Judge Robert Noonan gave the 39-year-old Tenney until Dec. 8 to find and secure financing for an in-patient drug-addiction treatment program. If he fails, the judge said he may be forced to "warehouse" Tenney in prison.

The one-time high school athletic star claims he's already completed an in-patient program as required. Trouble is, no one can find any proof of it. His attorney, Gary Horton, said he has no documentation, other than the statements of Tenney's friends and relatives.

Noonan said Tenney was stonewalling, and expressed a great deal of frustration with this case.

"I've tried to figure out how to wake you up to take charge of your life," Noonan said. "You've shown no backbone."

He said Tenney needs to stop making excuses and relying on his relatives for help.

"I could sentence you to five years in prison, but you'd just be five years older," Noonan said.

Tenney's criminal record certainly justifies doing that, the judge said, but numerous people in the community have vouched for Tenney and say he can be redeemed. He just needs to show the judge he is willing make the effort.

Bianca Hervey, a 20-year-old student at GCC and former Batavia resident, was put in an awkward, and potentially dangerous, situation by the Attica Police Department recently, according to the Buffalo News.

Hervey, who's only apparent criminal record is a traffic ticket or two, and who was not known to police as a drug user, was apparently coerced into becoming a snitch -- going undercover to help catch drug dealers.

Now, there is little disagreement that illegal drug dealing is a bad thing, but the News rightly editorializes against the Village of Attica Police Department for employing tactics that sound much like those used by the Stasi, the East German Secret Police.

... the apparent drafting of a neophyte drug informant is not only cruel behavior, it is astoundingly bad police work. If the relevant officials are unwilling to strongly renounce what could have been an anomalous misstep in an otherwise professionally run operation, then their own professional judgment must be called into serious question.

The idea that law enforcement officers chasing drug dealers can do absolutely anything they want is itself a kind of drug, one that is as addictive and as destructive of society as any amount of heroin or cocaine.

Hervey was saved the fate of entering an underground world she knows nothing about because her attorney father was able to intervene, but the News reports an unnamed young man was not so fortunate, and now he fears for his safety.

Officer Christopher Graham, who is also the officer accused of trying to recruit Hervey into undercover work, reportedly told the young man that the minor charges against him could keep him out of the military. He offered the youth a way out -- help catch a drug dealer. The young man followed through, according to the News, but when the police asked him to get involved in a second drug deal, the informant refused to cooperate. A short time later, he was arrested for failure to appear on the original charges.

Informants are used by law enforcement all the time. It was an informant that helped local law enforcement break up an apparent meth ring here in Genesee County last week. But reliable informants are usually people who step forward on their own because they know something, or are people recruited from the drug world they already know. 

It seems to smack of incredibly poor judgment and an abuse of power to try and recruit informants from among young people who have little experience either in the drug world or in dealing with the criminal justice system. We trust our local law enforcement officers use better judgment.

Thomas M. Lashure, 42, of 218 North St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to submit to breath test, failure to keep right and failure to use a turn signal. Lashure was stopped at 12:54 a.m. by officer Dan Coffey for alleged traffic violations.  Coffey arrested Lashure on the DWI charges following the traffic stop.

Michelle Lynn Sanders Evans, 28, of 115 S. Main St., lower, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Wal-Mart.

Kelly Anne Morrison, 36, of 115 S. Main St., upper, is charged with petit larceny. Morrison is accused of shoplifting from Wal-Mart.

Denise R. Montgomery, who is charged with conspiracy to manufacture methamphetamine after agents allegedly found a small lab in the basement of her house at 135 Jackson St., Batavia, was released from federal custody Monday.

The charges pending against her stand. Assistant Attorney General Mary C. Kane, who is handling the case, was not available for comment and no one at federal detention facility in Buffalo could or would release bail information.

Her release came following a 1 p.m. hearing in a federal judge's chambers. According to neighbors, Montgomery spent Monday night at home.

Sheriff's Chief Deputy Jerome Brewster said he was told this morning that Montgomery was released.

It's unknown if she was required to post bail. If no bail was required (as one caller to The Batavian suggested), Brewster said that does not necessarily indicate a reduction in charges or reflect a change in the status of her case.

"I'm sure the feds use a formula like we do to make a determination about release -- like whether there's a prior record, ties to the community and if the numbers add up, they get released," Brewster said.

If convicted of the initial charges, the 41-year-old mother, who's son is 10, could face sentencing enhancements because a child lived in the house and guns were reportedly found in the residence.

Previously:

• Two men suspected of manufacturing meth busted at house in Alabama
• Jackson Street mother named third suspect in meth ring

Franklin K. Zimmerman, 75, of 535 Bauman Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement marking. Zimmerman was stopped by Deputy Jason Saile on Lewiston Road in Alabama.

A 17-year-old from Batavia is charged with petit larceny. The youth is accused of stealing $120 in merchandise from Target.

Jordon John Giglia, 20, of 9202 Allegheny Road, Corfu, is charged with criminal contempt and harassment. Giglia is accused of violating a no-offensive-conduct order out of Genesee County Family Court. Giglia allegedly pulled a chair out from under the protected person, causing her to fall and strike her head.

Leon C. Bloom, 27, no permanent address, has been jailed on $50,000 bail for allegedly failing to abide by drug court rules.  In May, Bloom was arrested for allegedly violating an order of protection.

Timothy Daniel Eastridge, 32, of 30 Bennett Ave., Oakfield, is charged with criminal possession of stolen property, aggravated unlicensed operation, DWI, criminal mischief and unlawful possession of marijuana. Eastridge is accused of driving a stolen vehicle into a fence and tree near Alex's Place on Park Road, and then driving to the Batavia Downs parking lot, where he parked the car. Witnesses helped police find the car, and Eastridge was allegedly seen exiting the car. Eastridge was taken into custody by Deputy Chris Parker. The deputy reportedly found a marijuana pipe on Eastridge. The car was reportedly stolen from an area near Faletti's Ice Rink on Evans Street a short time earlier. Batavia Police assisted in the arrest.

Patricia A. Poole, 20, of 4036 W. Main Street Road, Batavia, is charged with petit larceny. Poole allegedly stole an item from Hess Mart on Nov. 8. She was jailed on $250 bail.

Brian J. Lambert, 28, of 120 State St., Upper, Batavia, is charged with unauthorized use of a vehicle in the third degree. Lambert was stopped in the Town of Alexander by Deputy Chris Parker after Lambert reportedly failed to return the vehicle of his mother's boyfriend as agreed.

Lonnie J. Hamilton, 22, of 14776 Baker Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hamilton was stopped on Route 98 in the Town of Batavia by Sgt. Thomas Sanfratello for alleged failure to keep right. Sgt. Sanfratello concluded that Hamiliton was allegedly driving drunk.

Scott Joseph Richardson, 20, of 5 Lakewood Drive, Rochester, is charged with unlawful possession of marijuana. Richardson was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Richardson.

Donald J. Monroe, 46, of 580 Cohocton Road, Corfu, is charged with DWI, and aggravated DWI with a BAC of .08 or greater. Deputy Patrick Reeves responded to the area of Cohocton Road in Pembroke after the Sheriff's Office received a report of a drunk or sick driver. He subsequently pulled over Monroe's vehicle and charged him with DWI.

Jonathan Scott Viterise, 21, of 75 Stone Fence Road, Rochester, is charged with unlawful possession of marijuana. Viterise was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Viterise.

Richard Dale Fennell, 29, of 5 Exchange St., Akron, is charged with criminal possession of a controlled substance. Fennell was reportedly a passenger in a vehicle stopped by Deputy Patrick Reeves that was stopped for an alleged traffic violation. Reeves reportedly found a medication on Fennell for which he didn't have a prescription.

Gerald "Zach" Z.L. Watts, 25, of 5 Otis St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Watts was reportedly stopped on S. Lyon Street in Batavia by Sgt. Thomas Sanfratello of the Sheriff's Office for alleged failure to keep right.

Brett R. Doward, 23, of 16 Harvester Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving on the shoulder. Doward was reportedly stopped by Deputy Howard Carlson on Route 33 in Stafford.

Richard D. Ryan, 33, of 136 Pearl St., Batavia, is charged with criminal mischief. Ryan allegedly damaged furniture of his ex-girlfriend, valued at $250. He was jailed without bail.

Thomas K. Lee, 46, of 4 MacArthur Drive, Apt. 10, Batavia, is charged with two felony counts of criminal contempt and three counts of harassment. Lee allegedly violated an order of protection. The harassment charges stem from alleged actions toward the protected person, and the third count stems from alleged actions toward a probation officer. Lee was jailed without bail.

David P. Schlitz, Jr., 45, of 112 Howard Road, Batavia, is charged with DWI and refusal to take a breath test. Schlitz was reportedly stopped on Clinton Street by Officer Thad Mart after a caller provided the license plate number of a vehicle allegedly driven by a drunken driver.

A 16-year-old from Bergen is charged with harassment. The girl was reportedly involved in a domestic argument. She was jailed on $250 bail.

Christopher P. Clute, 30, of Middleport, is charged with auto stripping, third degree. Clute was arrested by State Police at 6566 Dysinger Road in Alabama.  He was issued an appearance ticket.

BATAVIA , NY -- A woman who allegedly tried to steal another woman's pocketbook as she left Wendy's on Main Street in Batavia this afternoon is in custody, charged with robbery in the third degree and petit larceny.

The suspect, Misty Guadagno, 23, of 120 State St., Batavia, was caught with the help of a man who was eating lunch in Wendy's parking lot.

The man reportedly chased Guadagno from the eatery into the Genesee Country Mall parking lot where he grabbed her and held her until police arrived. The victim and her husband also helped keep the suspect at the scene while waiting for police.

While the pocketbook and most of its contents were recovered, the cash disappeared.  Police are asking that anybody who might know what happened to the cash to call the police department at 345-6350.

Guadagno was arraigned in Batavia City Court and jailed without bail.

Original reports after the jump:

Charles Patrick Taylor, 32, of 238 Mason Ave., Greece, was picked up on a warrant for an alleged violation of probation. Taylor was arrested at the Greece Probation Department and arraigned in Stafford Town Court. Taylor was jailed on $200 bail.

A 17-year-old Elba Central School student is charged with unlawful possession of marijuana. The marijuana was reportedly found in her car.

A third suspect -- a 41-year-old mother of a young boy who lived at 135 Jackson St., Batavia -- has been charged with conspiracy to manufacture methamphetamine following a search of her home by DEA agents this evening.

A small meth lab was found in the basement of the house, according to a DEA agent on scene. He said the guns found in the home, along with the presence of a child living in the house, could potentially lead to longer prison terms for the suspects.

“This was smaller than the one we found out on Lewiston Road," said Dale Kasprzyk, a group supervisor with the DEA office in Buffalo. "The one on Lewiston Road was much larger, took up a larger portion of the house and we believe had greater manufacturing capability."

Kasprzyk said he thinks the Jackson Street lab has been in operation about six months. He characterized it as a threat to the neighborhood.

"There were some chemicals in there that shouldn't have been in there," he said.

Denise R. Montgomery, who resided at 135 Jackson St. for at least nine years, is the third suspect named as part of the meth manufacturing and distribution ring that was uncovered by the Sheriff's Office after a five-week investigation.

Also arrested following a raid at 789 Lewiston Road, Alabama, were Kenneth W. Mosholder, 44, (taken into custody at the Jackson Street residence this morning) and Dustin R. Behman, 20, of Darien. Behman was reportedly at the Alabama house, where weapons were also found with the meth lab.

Mosholder's 17-year-old son was also reportedly at the Alabama house when DEA agents arrived there at 6 a.m. He is not being charged.

During the search this evening of Montgomery's residence, a man who identified himself as her father was allowed to enter the home and retrieve clothing for her 10-year-old son. He said the boy was with him.

Just prior to the search, a man arrived in a black pickup truck and asked police if he could enter to retrieve a dog that had been locked up in the house all day. A police officer watching the house did not allow him to enter. The dog was removed from the home about an hour after the search began. A Sheriff's investigator said the dog would be taken to family members.

Dave Foley, a neighbor, said he has been suspicious about activity at the home for several months, with lots of different people coming and going and people often making trips to the back shed. He said people started showing up after Montgomery's husband moved out several months ago.

"It was just in my head (being suspicious) because I'd see people come back and forth, go back to the shed," Foley said. "I didn't know what it was. Just suspicious. It was unusual. It was stuff that wasn't being done before."

Montgomery's other neighbor said, with her voice quivering at times, she was too upset to even talk. She described herself as a 53-year resident of Jackson Street and said she had never seen anything like this in her neighborhood. She couldn't believe there had been alleged drug activity going on next door to her house. "Oh, no, not Denise," she said. "She couldn't have been involved." She said she never noticed anything suspicious.

A commercial haz mat team was on scene to dispose of the lab and chemicals following the search of the home.

Kasprzyk said every safety precaution is taken in a meth lab clean up, because of the dangerous nature of the chemicals involved. The Genesee County Emergency Management Team was on scene, as well as Engine 24 of the Town of Batavia Volunteer Fire Department the county hazmat truck, ESU 1 and Mercy EMS.

"Anything that we find is packaged up and taken out of the residence or out of the location and eventually out of the community and disposed of," Kasprzyk said.

A small methamphetamine lab was allegedly discovered at 135 Jackson St. in Batavia earlier today when law officers went there looking for Kenneth W. Mosholder, whose home in Alabama was the target of a 6 a.m. drug bust.

He was arrested on federal drug charges at the Jackson Street house and so was a female acquaintance who lived there. Her name has not been released because Sheriff Gary Maha is awaiting a federal search warrant from Buffalo in order to seize the lab and press charges.

A Batavia police officer is staked outside the residence to keep the scene secure until the warrant can be exercised.

When Mosholder's dumpy place at 789 Lewiston Road in Alabama was raided, 20-year-old Dustin R. Behman of Darien was arrested. Both men are charged with conspiracy to manufacture meth.

A haz mat team has been on location cleaning up the toxic mess as investigators gathered evidence, including chemicals, paraphenalia and guns.

Mosholder's 17-year-old son was also found there and taken to social services for placement.

Other charges may be pending against Mosholder and Benham, who have been transported to Buffalo for arraignment in federal court. The investigation is ongoing as to whether other individuals were involved in the illegal drug operation.

Two Genesee County men face federal charges of conspiracy to manufacture methamphetamine after local law enforcement agents raided a house on Lewiston Road in Alabama this morning.

Because of the toxic nature of the chemicals involved, a haz mat team has been on location all morning conducting clean up while investigators sift through the evidence, which includes chemicals, paraphernalia and guns. Two young men found at the location had to be decontaminated at the scene.

Sheriff Gary Maha announced the arrests at the 789 Lewiston Road residence at 10 a.m..

Taken into custody were Dustin R. Benham, 20, of 10472 Alleghany Road, Darien, who was in the house at the time of 6 a.m. raid. The owner of the home, Kenneth W. Mosholder, 44, was not in the dilapidated house this morning. He was arrested a few hours later at a friend's house at 135 Jackson St., Batavia.

Maha said his office sought federal charges in this case because he wants to send a clear message that the manufacture of meth will not be tolerated in Genesee County.  Meth labs are an epidemic in some rural counties around the nation, including some New York counties.

"This is the first methamphetamine lab in Genesee County that we know of," Maha said. "We want to send a clear message that we'll stop this cancer before it spreads. That's another reason for going for Federal prosecution in this case."

Moshholder's 17-year-old son was also in the house at the time of the raid, but he has not been charged with any crimes at this time. He has been turned over to social services, who will find a place for him to stay. Mosholder could face child endangerment charges, according to Maha.

Other charges may be pending against Mosholder and Benham.

Maha said the lab was small and fairly recent, but officials believe Mosholder intended to grow his alleged production facility. The Sheriff said as far as officials know, the drug was being distributed in Batavia. The investigation is ongoing as to whether other individuals were involved in the distribution.

"At this time we feel it's a relatively small operation," Maha said. "We know he's been living out here for about a year-and-a-half, so it's possible he's been dealing for a year-and-a-half. You'll get a look at the materials and you'll see how big of an operation it is. Even though it's a small operation, we think he was growing the operation based on our intelligence."

Mosholder is reportedly originally from the Genesee County area, but moved to Texas before returning to Alabama in 2008.

According to law enforcement officials on scene, the presence of guns in the house -- where meth was allegedly being manufactured -- could add up to 20 years of prison time to any eventual sentence the defendants receive if convicted.

Responding to the scene this morning to deal with the investigation and clean up were DEA chemists, members of the Genesee County Haz Mat Team, Genesee County Emergency Management, Mercy EMS and the Alabama Fire Department.

Participating in the investigation and arrests were the Genesee County Local Law Enforcement Task Force.

Mosholder and Benham will be arraigned in federal court in Buffalo later today.

A man who allegedly assaulted a Batavia police officer yesterday Friday has surrendered.

Paul F. Daly, 28, of 29 Waverly St., Cattaraugus, was at large since being released from a facility where he was taken for a mental-health evaluation. Before police could arrest him on criminal charges, Daly was let go and the police were not notified.

Daly, who was a patient at the VA Medical Center, surrendered to State Police in Amity.

Batavia PD Warrant Officer Dennis Rider negotiated with Daly to convince him to turn himself in.

"Basically, I started with family members, because they didn't want to say where he was, but I convinced them that the safest thing was for him to turn himself in," Rider said. "I wanted to avoid a confrontation if at all possible."

Daly is being transported by State Police to Batavia.

UPDATE: We've also learned that Chris Camp, the officer who was reportedly attacked, did try to deploy his Taser. The Taser was ineffective. Det. Schauf said, "it did not have its intended effect," though why it didn't work as it should is unknown.  As we reported previously, a passing citizen helped Camp subdue the suspect.

UPDATE 6:52 p.m.: Daly was delivered back into Batavia police custody this evening. He was arraigned and jailed without bail.

Previously:

• VA patient allegedly attacks police officer outside Batavia Downs
• VA patient accused of assaulting police officer not in custody

A Batavia man accused of fraud for not reporting income from self-employment while receiving social service benefits, pled guilty yesterday to one count of attempting to offer a false instrument for filing in the first degree.

Jeffrey Wawrzyniak, 37, was immediately sentenced to three years probation.

The charges were the result of an investigation by the Genesee County Department of Social Services. Wawrzyniak reportedly failed to report income from July to October 2008.

Wawrzyniak has paid restitution of $497.

A suspect in an assault on a Batavia police officer yesterday Friday was still at large this morning.

In a note on the e-mailed press release Tuesday, Det. Rich Schauf wrote that the suspect, Paul F. Daly, was not in custody, but none of the local media who carried the report -- including The Batavian --  picked up on that fact.

I spoke with Det. Schauf this morning and clarified that Daly was not in custody, and I haven't heard any report since then of his arrest. Police are searching for the suspect.

Daly was initially taken for a mental health evaluation, but within hours, according to Schauf, he was released by medical personnel. Schauf did not say where Daly was evaluated. Police were not notified of Daly's release until after the fact.

Schauf did not have a description of the suspect at the time we spoke, but we hope to get one before the end of the day.

Daly, originally from Cattaragus, is or was a patient at the VA Medical Center.

Bryan M. Hargrave, 22, of 61 Myrtle St., Le Roy, is charged with two counts of burglary in the third degree. Hargrave allegedly broke into two Pavilion businesses on Sept. 23. He is accused of breaking into Pavilion Drainage Company on Route 63 and taking some cash from the office area. On the same day, he allegedly broke into BW's Bar on Perry Road, this time allegedly taking cash and an iPod. The investigation was conducted by deputies John Baiocco and James Diehl, with assistance from investigators William Ferrando and Roger Stone. Additional charges against Hargrave are pending. Hargrave was released under supervision of Genesee County Justice.

Bart Arthur Towne, 41, of 1795 Phelps Road, Corfu, is charged with attempted petit larceny. Towne allegedly attempted to steal televisions and other items from BJ's Wholesale Club by concealing the items inside a box labeled as a file cabinet. He presented the box at the register for purchase.

Erica M. Raphael, 24, of 335 Bank St., Batavia, is charged with criminal possession of a forged instrument and criminal possession of stolen property. Raphael is accused of possessing stolen NYS Official Prescription sheets from Batavia Ophthalmology and allegedly forging a prescription for hydrocodone tablets. Raphael allegedly attempted to get the prescription filled at Oakfield Family Pharmacy.

A 17-year-old resident of Bergen is charged with unlawful possession of marijuana. The youth was apprehended after a random K-9 search at Byron-Bergen High School. During the search of the east side parking lot, a K-9 alerted on a car. Marijuana was allegedly located in the car and the marijuana was seized by law enforcement.

A Rochester man arrested Sept. 10 for allegedly breaking into a State Street home a week earlier was formally charged today with burglary in the second degree and criminal possession of stolen property.

Reginald M. Wilson, who was reportedly caught driving a vehicle stolen from the residence, was given a chance to get out of jail while he awaits trial. He must come up with $100,000 bail or $200,000 bond, according to Judge Robert Noonan.

Wilson, because of prior felony convictions, could potentially be sent to prison for life if convicted of the current charges. For that reason, Noonan refused bail to Wilson at a Sept. 16 hearing.

After today's hearing, Public Defender Gary Horton said that in all his years of practice, only twice has he seen three-time felony convicts sent to prison for life. He said it's an option for prosecutors -- which can be sought only after the third felony conviction -- that is rarely used.

Wilson has 12 prior convictions, including five felony convictions and has reportedly twice failed to appear for court dates.

Jay Gsell can polish up his resume. Under "Genesee County Manager" he can add "Batavia Crime Fighter."

Gsell helped Batavia police capture an alleged car thief this morning.

Police received a report at 5:45 a.m. of an auto theft in progress at 310 Washington Ave. 

When police officers responded, they found the car partially in the roadway and abandoned.

Gsell was out for his morning run and saw a suspect jump over a fence near where the car was abandoned. Gsell provided police with a description of the suspect and then continued on his way.

A short time later, Gsell reportedly spotted the same man near the Richmond Memorial Library. He dialed 9-1-1.

Apprehended by police was Kyle Monroe (pictured). Monroe allegedly possessed the keys to the vehicle at the time of his arrest.

The same car was reported stolen twice before. The first time, on Oct. 29, the car was recovered in the area of the sand wash on Cedar Street. It was determined that keys were used to steal the car, but the keys were not recovered.

The same car was stolen again on Nov. 6.  It was recovered two days later on Holland Avenue. Again, investigators determined that keys were used to heist the vehicle, but again, the keys were not recovered.

After two thefts, the owner placed an anti-theft device on the steering wheel, which apparently helped thwart the third attempt.

Monroe was charged with criminal possession of stolen property and the investigation is ongoing. More charges may be filed.

The same suspect was arrested Oct. 24 in the Town of Batavia, according to police, when he was allegedly caught driving a different stolen vehicle. He was charged with criminal possession of stolen property in that case, as well.

UPDATE Wednesday, 8:27:  I asked Det. Rich Schauf if there was any link between Monroe and the car break-ins of the summer months, and whether the keys to the stolen car might have been taken during one of those break-ins.  Here is Det. Schauf's response:

The best we can tell is the keys were found and used while Monroe was (allegedly, ed.) illegally going “through” the car on the 29th, the first time the car was stolen. We do suspect he is one of the people involved in illegal car entries over the summer. At this point we do not have any conclusive evidence to link him to other illegal car entries.  Also, to answer one of the readers’ questions about Grand larceny. In this case the suspect was arrested for Criminal Possession of stolen property for possessing the keys to the car which were stolen. To prove Grand Larceny the person would need to be caught in the act of stealing the car or admitting to stealing it. Most often a person caught in a stolen car will not admit to stealing it. Unless it can be proven they stole the car, the  charge of criminal possession of stolen property may be used. Or if the element of “knowingly” possessed stolen property cannot be proved another charge of unauthorized use of a motor vehicle may apply.  Both Criminal Possession of stolen property fourth and Grand Larceny fourth are classified as E Felonies.

A passerby came to the aid of a Batavia Police officer today Friday when a patient of the VA Medical Center attacked him near Batavia Downs.

Officer Chris Camp responded to a report of a drunk man walking in traffic on Park Road, and when Camp arrived he observed a man standing in the road with a beverage container in his hand.

Camp approached the individual and asked him to leave the roadway. The man reportedly refused to move and without warning attacked Camp, grabbing his neck.

The officer defended himself and a nearby citizen also jumped in to help pull the alleged attacker off Camp.

Taken into custody for mental health evaluation was Paul Daly, 28, of 29 Waverly St., Cattaragus. Daly was later charged with assault in the second degree and disorderly conduct.

Camp was treated for his injuries and then finished his shift.

We heard an investigator was 6296 W. Main St. (Route 262), Byron, the scene of last night fire, and so we e-mailed the Sheriff's Office for more information.

Chief Deputy Jerome Brewster sent the following reply:

The investigator assigned is currently back out at the scene. He will be consulting with the District Attorney's Office about possible charges later this afternoon. As far as arson, that will be one of several possibilities that will be discussed.