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Friday, February 27, 2015 at 2:36 pm

Police looking for armed man who tried to rob Family Dollar in Batavia this morning

post by Billie Owens in batavia, crime

Batavia Police are looking for a male, possibly Hispanic, described as about 5'2" and wearing blue jeans, who attempted to rob the Family Dollar on East Main Street this morning.

An employee told police that the man entered the store at 9:36 a.m. with a black scarf around his face, approached the cashier and asked for money while displaying a silver handgun. He then left the store without further incident and walked eastbound on the sidewalk.

The store stayed open for business. Police checked the area for the suspect, including nearby businesses. He was not located. Any person having information is asked to please call the Genesee County Emergency Dispatch Center at 345-6350.

Wednesday, February 25, 2015 at 2:56 pm

Law and Order: Driver of car found on snow bank charged with DWI

post by Howard B. Owens in batavia, crime, pembroke

Anthony W. Janda, 37, of Gasport, is charged with DWI, speed unreasonable, failure to use designated lane and driving across hazardous markings. Janda's vehicle left the south shoulder of Route 5 in Pembroke and struck a snow embankment. Upon a trooper's arrival, Janda was in a Mercy EMS ambulance. The trooper said he detected "an overwhelming odor of an alcoholic beverage." The trooper administered two field sobriety tests and a breath test, which indicated alcohol consumption. Janda was transported to ECMC as a precaution and reportedly refused a blood test for the trooper, though the hospital had already drawn blood.

Vanessa Lynn Silvernail, 29, of Meadow Farm North, North Chili, is charged with DWI, aggravated DWI, aggravated unlicensed operation, moving from lane unsafely and drinking alcohol in a motor vehicle. Silvernail was arrested following an investigation into a one-vehicle accident in which the vehicle left the roadway on North Road, Town of Le Roy, and went into a ditch at 12:30 a.m. The accident was investigated by Deputy Joseph Loftus.

Annie E. Johnson, 86, of Milbank Street, Rochester, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the city. Johnson turned herself in and was released on $100 bail.

Christina M. Sanchez-Anderson, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a possession of stolen property, 5th, charge. Sanchez-Anderson turned herself in, was arraigned in City Court and released on her own recognizance.

Lee Edward Richeson, 53, of 8th Street, Canisteo, is charged with possession of more than 400 untaxed cigarettes. Richeson was stopped at 11:50 a.m. Tuesday on Route 77, Pembroke, for an alleged traffic violation by Deputy Patrick Reeves.

Tuesday, February 24, 2015 at 3:59 pm

Law and Order: Buffalo man allegedly found with 4,600 untaxed cigarettes

post by Howard B. Owens in crime, elba, Le Roy, pembroke

Zaid Amhad Alhariri, 47, of Dodge Street, Buffalo, is charged with possession of more than 4,600 untaxed cigarettes. Alhariri was stopped for alleged traffic violations at 12:23 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 4,600 untaxed cigarettes with a value of $1,055.

Cindy Lou Bush, 63, of Oak Orchard Road, Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly involved in an incident at 7:30 p.m. Monday at a residence on Oak Orchard Road, Elba, with five other people, all who are the subject of a complete stay away order issued to Bush.

Annette Monique McMillian, 30, of Elmdorf Street, Rochester, is charged with scheme to defraud, 1st, petit larceny and issuing a bad check. McMillian was arrested on a warrant after turning herself in to Monroe County Probation. She was arraigned in Le Roy Town Court and jailed on $1,000 bail.

Tuesday, February 24, 2015 at 3:03 pm

Sentencing delayed for woman in animal abuse case

post by Howard B. Owens in batavia, crime

Nina Kelso isn't sure she should have entered a guilty plea in October to one count of animal cruelty, the Batavia woman indicated in City Court today as she wiped away tears.

She told Judge Robert Balbick that she wanted a new attorney before being sentenced on the conviction.

"I need somebody more suitable for somebody who attends mental health and needs more help with the case to be able to show their innocence and not be pretty scared into taking a plea," Kelso said.

Under no circumstances, Balbick told her, would she be allowed to withdraw her guilty plea, nor would he assign a new county-paid attorney to her, but he did give her two weeks to hire her own attorney.

In October, Kelso entered a guilty plea on an Alford basis, meaning she admits she would likely be found guilty by a jury, but did not admit to the facts of the case.

It's been a year since Kelso was first accused of mistreating her former dog, Fox'r. Fox'r was found by an animal control officer extremely malnourished at Kelso's residence.

Kelso maintained that Fox'r had eaten something that made him sick.

Today, Kelso said she felt pressured to enter a guilty plea because she said her attorney -- her second attorney on the case -- had told her if she didn't plead guilty, she would likely be found guilty by a jury and sent to jail once convicted.

Balbick reminded Kelso that when he accepted her plea, she questioned her about her understanding of the plea and her confidence in her attorney.

"If you had given any indication you were not making the plea voluntarily, I would not have taken the plea," Balbick said. "We went through the entire plea process very, very clearly."

The plea deal required Kelso to surrender ownership of Fox'r, who had been languishing in the animal shelter for eight months, so he could be adopted by a new family. It also came with a stipulation that Kelso would not be sent to jail.

Kelso is scheduled to reappear in City Court for sentencing in two weeks.

Monday, February 23, 2015 at 1:48 pm

Scott Doll's motion for dismissal without merit ADA argues

post by Howard B. Owens in crime, pembroke, scott doll

One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.

Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.

Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.

He is serving a 15-years-to-life sentence in State Prison.

The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.

Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.

Doll has already lost an appeal on the legality of his being questioned without being read his rights.

An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.

Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.

"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.

Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.

As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.

"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.

"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.

"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."

Noonan will rule on the motions at a later date.

For previous Scott Doll coverage, click here.

Monday, February 23, 2015 at 12:56 pm

Law and Order: Driver charged with DWI following alleged hit-and-run in Batavia

post by Howard B. Owens in batavia, corfu, crime, Oakfield, Pavilion

Brian Michael Glor, 43, of Church Street, Oakfield, is charged with DWI and refusal to take breath test. Glor was arrested following an investigation into a hit-and-run accident at 7:34 p.m., Monday, in the City of Batavia, by Deputy Michael Lute.

Steven R. Colombo, 28, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd. Colombo allegedly violated a complete stay away order of protection. He was allegedly found hiding in the pantry of the protected party's residence.

Jimpce J. Etienne, 38, of Buell Street, Batavia, is charged with unnecessary noise. Etienne is accused of playing extremely loud and disturbing music at 11:30 a.m., Saturday.

Kayla D. Joiner, 22, of Schreck Avenue, Buffalo, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Joiner turned herself in and was jailed on $100 bail.

Thomas J. Mitchell, 25, of Batavia, was arrested on two warrants for alleged failure to appear. Mitchell was located and arrested and jailed on $1,500 bail.

Robin A. Pickering, 31, of Croop Road, Clarence Center, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, operation by an unlicensed driver and drinking alcohol in a motor vehicle. Pickering reportedly drove her car into a snowbank on Burke Drive, Batavia, at 4:36 a.m., Friday. The accident was investigated by Officer Matthew Wojtaszczyk.

James Rocco Soccio, 33, of Ross Street, Batavia, is charged with coercion, 2nd. Soccio reportedly went to the residence of a person scheduled to speak against Soccio in a Family Court proceeding. Soccio allegedly threatened to harm the person. 

Jacob J. Camerera, 23, of South Jackson Street, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and two counts of aggravated unlicensed operation, 2nd. Camerera allegedly drove a vehicle toward four other people in a reckless manner on Watson Street, Batavia, at 4:59 p..m., Feb. 15. One of the four people was covered by an order of protection.

A 17-year-old resident of Walnut Street, Batavia is charged with two counts of harassment, 2nd, and criminal mischief, 4th. The youth was arrested following an alleged incident at his residence at 11:30 a.m., Friday.

Kenneth L. Perkins, 51, of West Main Street, Corfu, is charged with criminal mischief, 4th. Perkins allegedly damaged the property of another person.

Heyward Clark Jr., 50, of Whitney Avenue, Niagara Falls, is charged with four counts of endangering the welfare of a child, driving while ability impaired by alcohol, following too closely, driving without a license, and child passenger in back seat not properly restrained. Heyward was stopped at 12:02 a.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jennifer P. Hepp, 32, of Varysburg, is charged with petit larceny. Hepp was arrested by State Police on Friday at a location on Veterans Memorial Drive. No further information released.

Philip D. Stahli, 34, of Lockport, is charged with unlawful possession of marijuana. Stahli was arrested by State Police in Pavilion on Saturday. No further details released.

Harry R. Silliman, 50, of Batavia, is charged with criminal mischief, 3rd, and harassment, 2nd. Silliman was arrested by State Police for an alleged incident at 9:45 p.m., Feb. 17. No further details released.

Thursday, February 19, 2015 at 10:24 am

Law and Order: Jackson Street resident accused of threatening police with knife

post by Howard B. Owens in batavia, crime, Stafford

Justin Lee Pyatt, 26, of Jackson Street, Batavia, is charged with menacing a police officer. Officers responded to 113 Jackson St., Batavia, at 2:02 p.m. Monday to check on the welfare of Pyatt after receiving reports that he was distraught. Pyatt allegedly brandished a knife and threatened two officers. Pyatt was taken into custody without incident and jailed without bail.

Julio C. Morales, 29, of Upton Road, Batavia, is charged with theft of services. Morales is accused of dining at Main St. Pizza Company and then attempting to leave without paying for his meal.

Shaun P. Coulter, 29, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th. Coulter allegedly broke a window during a domestic incident reported at 8:54 a.m. Wednesday. He was jailed on $500 bail.

Gina L. Donovan, 39, of Haven Lane, Batavia, is charged with trespass. Donovan allegedly refused to leave the Richmond Memorial Library after being told by staff to leave the property.

Michele S. Lafreniere, 30, of Handsome Lake Drive, Caledonia, was arrested on a warrant for alleged failure to appear on a charge of aggravated unlicensed operation, 3rd. Lafreniere turned herself in and paid $500 bail before being released.

Lawrence David Liles, 58, of Mill Road, Stafford, is charged with criminal mischief, third degree assault and harassment, 2nd. During an incident reported at 6:25 p.m. Aug. 12 Liles allegedly grabbed the phone of a female when she attempted to contact law enforcement. He allegedly struck another person at the scene, causing injuries.

Emisha Marie Milton, 20, of Thurston Road, Rochester, is charged with petit larceny. Milton was arrested on a warrant out of Town of Batavia Court. She was released on her own recognizance from Genesee County custody, but turned over to Gates PD on a warrant on an unrelated matter.

Nancy Ellen Chatt, 69, of Prestige Crossing, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely and speed not reasonable and prudent. Chatt was charged following a one-vehicle accident, reported at 7:08 p.m. Jan. 24 and investigated by Deputy Matthew Fleming.

Eric McKenzie Smith, 29, of Ross Street, Batavia, is charged with unauthorized use of a vehicle, 3rd. Smith was reportedly located by Rochester PD in Rochester while driving a vehicle that he allegedly refused to return to its owner. He was turned over to the Sheriff's Office, arraigned and released.

Jordan Nathanial Odom, 18, of Main Road, Stafford. Odom is accused of stealing items from Pavilion High School on Jan. 13. A 17-year-old resident of Clipnock Road, Stafford, was also charged with petit larceny.

Ketrina Barnes, 19, of Rochester, is charged with grand larceny, 4th. Barnes was arrested at Genesee Community College by State Police. No further details released.

Wednesday, February 18, 2015 at 11:44 am

Nothing new to report on federal raid of Batavia residence

post by Howard B. Owens in batavia, crime

There's nothing new to report on a federal raid that took place Jan. 23 at 3618 Batavia-Oakfield Townline Road, Batavia, according to Karen Wisnowski, spokeswoman for Homeland Security in Buffalo.

We checked in with her yesterday. She responded this morning after talking with the agent in charge of the operation.

As reported previously, it looks like there were marijuana plants being removed from the residence.

The raid involved Homeland Security, ICE, the Secret Service and State Police.

The nature of the investigation is under a court-ordered seal.

Wednesday, February 18, 2015 at 11:32 am

Law and Order: 62-year-old woman accused of selling drugs

post by Howard B. Owens in batavia, crime

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Mayl allegedly sold a quantity of Soma to an agent of the Local Drug Task Force during the month of April, 2014. She was arrested Tuesday by a uniformed deputy. Following arraignment, she was jailed on $5,000 bail. (Soma is the brand name of carisoprodol, a muscle relaxant.)

Cale Daniel Rice, 38, of Sunset Terrace, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent and moving from lane unsafely. Rice was charged following an investigation by Deputy Jason Saile into a motor-vehicle accident at 4:27 a.m. Saturday on Route 5, Batavia.

Joseph A. Muolo, 24, of Union Street, Batavia, was arrested at his residence on a warrant for alleged failure to appear on a parking ticket (parking on city streets between 2 and 6 a.m.). Muolo posted $100 bail and was released.

Tuesday, February 17, 2015 at 3:18 pm

Duo accused of making off with laptops and clothing from Walmart

post by Howard B. Owens in batavia, crime
Rickita Lathan Katrina Jones

Two women from Buffalo are accused of stealing enough from the Walmart in Batavia to be charged with grand larceny in the fourth degree.

Rickita Lathan, 29, and Katrina M. Jones, 46, are accused of making off with laptop computers and an undetermined amount of clothing without paying for the items during a visit to the story Friday.

They were identified as the suspects through the use of surveillance video.

Based on the evidence, State Police investigators received arrest warrants out of the Town of Batavia Court for Lathan and Jones.

Lathan was taken into custody by Cheektowaga PD and turned over to SP Batavia. She was arraigned in Town of Oakfield Court and jailed on $1,000 cash bail or $2,000 bond.

Jones was being held in the Niagara County Jail on an unrelated charge. She was transported to SP Batavia and transferred to the Genesee County Jail on $500 bail.

Besides the Class E felony charge, the duo is charged with conspiracy, 5th, a Class A misdemeanor.

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