crime

Press release:

BUFFALO -- U.S. Attorney William J. Hochul Jr. announced today that Jerald Kicinski, 48, of East Bethany, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to receipt of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of 40 years, a fine of $250,000, or both.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between December 2010 and December 14, 2011, the defendant received child pornography on his computer at his residence in East Bethany. These images had been transmitted to the defendant in interstate commerce via the Internet. Kicinski was previously convicted of sexual abuse in the second degree in 2002 and sexual abuse in the third degree in 1990. Both of the defendant's prior convictions involved minors.

The plea was the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, special agent In charge. Sentencing will occur in front of Chief Judge William M. Skretny. No sentencing date has been scheduled.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Bruce Jeramie Brade, 32, of Stroh Road, Attica, is charged with identify theft, 3rd. Brade allegedly used the personal information of another person, including a credit card number, for personal benefit.

Llani Marie Gerrastzu, 18, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Gerrastzu was allegedly found in her home with marijuana at 6:35 a.m., Wednesday.

Shannon Ann Caton, 38, of Fisher Road, Oakfield, is charged with harassment. Caton was allegedly involved in a fight at her place of employment on April 2.

Eric A. Ion, 40, of Brant, is charged with criminal contempt. Ion is accused of violating a court order in Alexander at 4:14 p.m., May 14. Ion was arrested by State Police. No further details released.

Michelle G. Robb, 55, of Corfu, is charged with driving while impaired by drugs. Robb was stopped at 8:06 p.m., May 14, by State Police on Route 77, Pembroke. No further details released.

Richard A. Demmer, 20, of Oakfield, is charged with harassment, 2nd. Demmer was arrested by State Police related to an alleged incident reported at 5:20 p.m., May 14.

One of the two brothers recently accused of sexually abusing children in multiple jurisdictions over the past three decades appeared in Genesee County Court this afternoon to answer to a felony grand jury indictment.

Sean M. Vickers, 44, of 117 Andes St., Geneva, entered a not guilty plea to single count of a course of sexual conduct against a child in the first degree, a Class B felony.

Vickers is accused of sexual relations with a child while a resident of Batavia more than a decade ago.

According to Batavia PD, after media reports of his arrest, more people came forward accusing either Vickers or his brother of sex-related crimes.

While Sean Vickers, already a registered Level-3 sex offender, has yet been charged with any additional crimes, the FBI arrested David Allen Vickers, 49, of Stanley, and accused him, while working as a truck driver, of transporting a child to New Jersey, Pennsylvania and Canada and engaging in sexual activity.

The two brothers are suspected of sexual activity with children going back 30 years.

Police are asking that anybody that may have children who came into contact with the Vickers or people who are now adults that may have had contact with the Vickers to contact police or the FBI.

Chad M. Johnston, 27, of 15 N. Lyon St., Batavia, is charged with criminal possession of a controlled substance, 7th, public appearance under the influence of a narcotic and possession of a hypodermic needle. Johnston was observed at 10:15 p.m., Monday, on Liberty Street by Officer James DeFreze, under the apparent influence of a drug. Upon investigation, Johnson was allegedly found in possession of heroin and a needle.

David Michael Robinson, 51, of Lake Street Road, Le Roy, is charged with forcible touching. Robinson is accused of touching the intimate body parts of another person after being told not to do so.

A 16-year-old and a 17-year-old resident of Porter Avenue are both charged with criminal mischief, 3rd, criminal tampering, 3rd, and unlawful possession of marijuana (16-year-old only). The youths are accused of going into the bedroom of their sister and brother-in-law and damaging all of their personal property, throwing everything on to the floor and down a stairwell. A marijuana pipe was found at the residence of the youth while Officer James DeFreze was at the location questioning the 16-year-old.

Jessica R Johns, 30, of 122 Jackson St., lower, Batavia, was arrested on a warrant out of City Court related to a DWI charge. Johns allegedly failed to report to jail. She was jailed on $5,000 cash bail or $10,000 bond.

A 29-year-old Gilbert Street resident ahs been accused of sexually assaulting another Gilbert Street resident May 9 and is being held without bail on felony charges.

Charles D. Johnson, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, is charged with 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.

Johnson's arrest came at the end of a two-week investigation that Le Roy PD described in a press release as "intensive" and involving assistance from law enforcement in multiple jurisdictions.

Among the cooperating agencies was the Florida DNA Databank.

Johnson is accused of busting into the residence of a woman on Gilbert Street and sexually assaulting her at knife point.

In its press release, Le Roy PD praised the bravery of the victim "who was placed into a violent situation and handled herself with dignity."

Assisting Le Roy PD were officials at the state and national level who, Le Roy PD said, "understood the seriousness of this crime and worked cooperatively together to assist the victim, gather and process the evidence, identify witnesses and a suspect and eventually make an arrest."

Immediately after the crime was reported, police responded from Le Roy and the Sheriff's Office along with the K-9 units from the State Police and Monroe County to conduct a search for the assilant.

The Genesee County and Monroe County reap crisis agencies also assisted.

Also involved were the Monroe County Crime Lab, NYSP Crime Lab and the District Attorney's Office.

An arrest has been made in the home invasion sexual assault reported in Le Roy earlier this month, according to Le Roy PD Chief Chris Hayward.

Hayward said the suspect is being processed and there will be no details released for at least several hours.

The arrest was made within the past 45 minutes.

A 26-year-old Stafford resident is looking at $6,184 in restitution to the Department of Social Services and possibly six months in jail after pleading guilty Monday to a single felony count of offering a false instrument for filing, 1st.

Stacy Patterson was originally charged with four counts of offering a false instrument for filing.

As part of the plea deal, Patterson is ineligible for future social services payments.

Patterson submitted various forms to DSS from October 2010 through October 2011 and in the process failed to report her husband's wages from his employment.

Patterson was receiving food stamps at the time.

Sentencing is set for 9:30 a.m., July 15.

The brother of a former Batavia resident already under a grand jury indictment for allegedly abusing children has been taken into custody by the FBI and accused of transporting children across state lines for sexual purposes.

David Allen Vickers, 49, of Stanley, is accused of taking a child on his commercial truck driving trips to New Jersey, Pennsylvania and Canada and engaging in sexual activity with the child.

The investigation into Vickers began after the recent arrest of Sean M. Vickers, 44, of 117 Andes St., Geneva, for allegedly sexually abusing children in Batavia more than a decade ago.

Media coverage of Sean's arrest prompted other alleged victims to come forward and led to the investigation of David.

The two bothers are suspected of being involved in sexual abuse going back as long as 30 years ago and which has continued until as recently as two months ago.

Authorities encourage any parent of a child that came into contact with either of the brothers, or any adults whose children came into contact with either of the brothers to get in touch with local law enforcement.

Numerous alleged victims have already come forward, according to police.

Sean Vickers is also a suspect in sexual abuse cases in Niagara County.

A suspected drug dealer out of Brockport was busted during a traffic stop for alleged speeding by a state trooper in Le Roy on Friday night.

The 23-year-old suspect was allegedly driving 100 in a 55 mph zone at 8:39 p.m. on Route 19.

(name redacted) was initially taken into custody for alleged drunken driving by Trooper Eric Daigler.

Upon searching xxx vehicle, Daigler allegedly found a pink plastic cup on the rear passenger-side floorboard that contained ice and a beverage that smelled strongly of alcohol.

As Daigler continued to inspect the vehicle, he found a case for contact lenses that allegedly contained a mix of illicit pharmaceuticals, including amphetamine, dextroamphetamine, adderall and alprazolam.

Daigler also reported finding a backpack with a bag of a clear granular substance and a bag of marijuana.

xxx was transported to the Batavia Barracks where he submitted to a chemical test and allegedly tested for a BAC of .18.

Upon further investigation of the backpack at the barracks, Daigler allegedly found two pipes containing marijuana, another contact lense case containing more pills and two more bags of a clear granular substance.

Members of the Community Narcotics Enforcement Team were summoned to the station to assist in the investigation.

It was determined that xxx was allegedly transporting more than 25 grams of MDMA, a controlled substance better known as Ecstasy.

Charges filed against xxxx include controlled substance not in original container, criminal possession of a controlled substance, 7th, criminal possession of narcotics with the intent to sell, criminal possession of a hallucinogenic substance, unlawful possession of marijuana, driving with a BAC of .18 or greater and driving while ability impaired by drugs and alcohol.

Following arraignment in Le Roy Town Court, xxx was jailed without bail.

David E. Muffley, 63, of Druck Valley Road, York, Pa., is charged with DWI and driving with a BAC of .08 or greater. Muffley was reportedly involved in an accident at 6:20 p.m., Thursday, at the intersection of Route 63 and Route 20. Muffley was allegedly operating a loaded tractor-trailer while intoxicated and attempted to turn right onto Route 63 and struck a vehicle stopped on Route 63. The accident was investigated by Deputy Cory Mower.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., is charged with criminal possession of stolen property with a value of more than $3,000. Regimbal was arrested in Webster, Ma., on unrelated charges and held as an alleged fugitive from justice on the Genesee County charge. He was returned to New York and jailed on $20,000 bail. Regimbal also has warrants issued by the courts in Corfu, Alexander and Rochester.

Francis E. Ikokide, 42, of 3330 Weston Road, Apt. 316, Toronto, Ontario, Canada, is charged with aggravated unlicensed operation, 3rd. Ikokide was stopped at 6:22 a.m. on Oak Street by Officer Felicia DeGroot for alleged defective brake light. Ikokide was allegedly found to have a suspended license. Ikokide posted $100 police bail and was released.

Nicholas Christian Doell, 22, of Lippold Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Doell was allegedly found by his probation officer in possession of controlled substances concealed in a cigarette pack at 5 p.m., Friday. He was jailed on $500 bail. (Doell was allegedly involved in a high-speed chase with deputies and tasered Saturday night.)

Amanda Rose McDonald, 31, of Cherry Street, Batavia, is charged with petit larceny. McDonald is accused of shoplifting from Walmart.

Terry Lynne Butler, 54, of Genesee Street, Le Roy, is charged with driving while ability impaired by drugs, recless driving, moving from lane unsafely and improper signal. Butler was allegedly observed driving at 11:54 p.m., Friday, on Lewiston Road when her vehicle nearly collided with oncoming traffic. She was arrested by Deputy John Weis.

Dylan Jacob Keem, 19, of Folsomdale Road, Cowlesville, is charged with unlawful possession of marijuana. Keem was allegedly found in possession of marijuana concealed in a vehicle during an investigation on Route 77, Darien, by Deputy Patrick Reeves. Also arrested was Benjamin Edward Burek, 19, of Burrough Road, Cowlesville. Burek was charged with unlawful possession of marijuana and consumption of alcohol under 21 years of age.

Terry Robert Konfederath, 51, of Meadowbrook Terrace, Corfu, is charged with DWI, driving with a BAC of .01 or greater, failure to keep right and moving from lane unsafely. Konfederath was stopped at 12:47 a.m., Saturday, on Genesee Street, Pembroke, by Deputy Joseph Corona.

Daniel Lynn Diguardi, 31, of Upper Holley Road, Holley, is charged with falsifying business records, 2nd. Diguardi is accused of claiming ownership of property owned by Rent-a-Center that he allegedly pawned at Pawn King. Diguardi turned himself in on an arrest warrant to Deputy John Baiocco.

Benjamin Gove Evans, 24, of Maple Street, Batavia, was taken into custody on arrest warrants for alleged failure to pay fine on an attempted petit larceny charge. Evans appeared before Justice Tom Williams and promised to return the next day and make a fine payment and to make his payments every week until paid off.

Mary Jean Daniel, 26, of Morrow Road, Pavilion, is charged with petit larceny. Daniel allegedly stole an unassembled TV stand from Kmart.

Derrick R. Kio, 22, of Wyoming, is charged with criminal mischief (preventing emergency call), harassment, 2nd, and endangering the welfare of a child. Kio was arrested by State Police for an alleged incident reported at 10:24 a.m., Saturday, in the Town of Pavilion. No further details were released.

The riders on three or four ATVs are arguing with other park patrons at Trestle Park in Byron and otherwise giving them a hard time. There is reportedly an assault going on, too. "A group of Hispanics" approached and joined in the goings on. Law enforcement is on scene. A responder there says "Sounds like it's starting to heat up again."

UPDATE 8:53 p.m.: Some responders indicate having difficulty finding the location. It's "by the fishing park, down the trail, over the steel bridge, 1/4 mile to the pond where there's a mowed field and picnic area." Subsequently, responders told dispatchers things had "settled down some" and that one suspect is still on scene and another one left the area.

The 22-year-old man who got Tased by a deputy Saturday after a high-speed chase in the Darien area is identified as Nicholas Christian Doell , according to a press release today from the Sheriff's Office.

Batavia PD is looking for the public's assistance in identifying a hit-and-run driver who struck a parked car in front of 19 Vine St., Batavia, at 8:24 a.m., Thursday.

Both vehicles were damaged in the accident.

The suspect vehicle is described as a dark colored compact. It is missing its right side view mirror. It was last seen heading southbound on Vine Street.

Anybody with information to share can reach out to Officer Thad Mart, (585) 345-6450.

Our friend Sean Carroll from WHAM 13 was in Oakfield today to talk with Scott McKenzie, the 26-year-old accused of driving a lawn mower while intoxicated late at night. It's a good story by Sean.

An Alabama resident this morning watched his car go up in flames following a one-car accident on Lewiston Road, then he was hauled off to Town Court on a DWI charge.

Joseph Bennett Clark, 20, of Reuben Road, Alabama, reported the accident at about 6 a.m. in the area of 383 Lewiston Road.

By the time the first deputy arrived, his car was on fire. By the time the first Alabama fire chief arrived, it was fully engulfed in flames.

A deputy had a hard time getting identifying numbers off the car once the fire was out, it was so badly burned.

Clark was taken into custody by Deputy Jason Saile and charged with DWI, driving with a BAC of .08 or higher, speed not reasonable and prudent, moving from a lane unsafely and driving left of pavement markings.

Clark reportedly suffered a minor injury as a result of the accident.

(Initial Report)

Scott Edwin Mckenzie, 26, of South Main Street, Oakfield, was reportedly driving a 2011 Troy-Bilt Lawn Mower on North Main Street, Oakfield, last night when he was stopped by a Sheriff's deputy and found to allegedly be under the influence of alcohol and drugs.

Mckenzie was charged with operating a motor vehicle while impaired by drugs, DWI, unlawful possession of marijuana and failure to display slow moving vehicle emblem.

Deputy Joseph Corona stopped Mckenzie at 11:16 p.m. in the area of 107 Main St., Oakfield.

Lauralee Pacer, 28, of Jackson Street, Batavia, is charged with disorderly conduct and aggravated unlicensed operation, 3rd. Pacer was stopped by Deputy Joseph Corona for alleged equipment violation and found to be wanted on a bench warrant out of Batavia City Court for alleged disorderly conduct (fighting/violent behavior), and she was allegedly driving without a license. Bail was set at $200.

Eric J. Martin, 41, of Caledonia, is charged with DWI, speeding and failure to submit to chemical test. Martin was arrested by by Le Roy PD.

Two four-wheel ATVs have been stolen from a residence in East Pembroke and the owner is offering a cash reward for their return.

They belong to Parker Dean, who has been racing motocross and flat track on the local and national circuit for eight years. The theft comes at a particularly bad time -- the start of the season.

One is a blue 2001 Yamaha Raptor 660 with ITP Holeshot  front tires and ITP mud lite rear tires, DG front bumper, TCS front shocks with black PEP shock covers and carbon fiber hand guards.

The other ATV is green Suzuki Ltr 450 with a custom black and green Quadtech seat, gunmetal hinson clutch cover, Quadtech carbon fiber shock guards, 127 number plate.

The reward will be paid upon return of the quads and "conviction of the scum who sold them," according to the flyer we were sent.

Call the Sheriff's Office at (585) 343-5000 with any information that may assist in the investigation.

A proposal to require pawn shops and precious metal dealers to make daily reports of items bought to local law enforcement cleared its first hurdle today.

The Public Service Committee set a public hearing for 7 p.m., June 12, which is required before a proposal can become law.

The 10 businesses local officials believe will be directly impacted by the proposed law will receive direct notification of the meeting.

Det. Sgt. Pat Corona and Chief Deputy Jerome Brewster joined District Attorney Lawrence Friedman in presenting the proposal to the legislative committee.

The law covers any business that takes in metal of value -- whether it's a gold dealer or pawn shop handling gold and silver or a scrap dealer recycling iron and copper.

It doesn't cover second-hand dealers that don't buy and resell metal, though a pawn shop that buys gold would need to record and report all of its purchase transactions.

Pawn shops are already required to record the identity of sellers, but the new law would also require them to file a daily report with the Sheriff's Office.

"If we're given a description of somebody that we know is a thief and has recently turned in some gold rings and we can relate that to a recent crime, it's going to help us tremendously to recover the property," Brewster said.

Both Brewster and Corona said that over the years, as pawn brokers have come and gone, they've found some who are easy to work with and others who were quite clearly willing to take and dispose of stolen property quickly.

The law would help with those who seem to know they're buying stolen goods.

"We had a recent residential burglary and because we had a good relationship (with a local broker), we were able to quickly put a case together and make an arrest for burglary in the second degree," Corona said. "If we have a good relationship, fine, it works out, but it depends on who is running the establishment. I've had some experiences where the relationship wasn't that good. This would take that element out of it because there would be a requirement that you provide a report to the Sheriff's Office."

Friedman said the proposed law went though four drafts -- though no local shop owners were consulted during that process. It's designed to deal with very specific kinds of second-hand brokers.

Those business owners will be given their chance to chime in on the new law at the June 12 public hearing.

Chantal M. Lord, 32, of 82 Gilbert St., Le Roy, is charged with two counts of grand larceny, 4th, and two counts of petit larceny. Lord was charged following a Le Roy PD investigation into missing money from a relative's bank account. Lord is accused of using the relative's debit card on two separate occasions without permission to make withdrawals from the relative's bank account. Lord was jailed on $5,000 bail.

Joshua M. Banick, 22, of 3 McIntosh St., Liverpool, is charged with DWI, driving while impaired by drugs and alcohol, failure to keep right and unsafe backing. Banick allegedly had a near head-on collision with a Batavia PD patrol vehicle in the area of 509 East Main St., Batavia, at 1:40 a.m., Thursday. Banick then allegedly backed up and through the 7-11 parking lot and over a concrete parking space bumper, coming to rest on the sidewalk near the front entrance. Banick was transported back to College Village following his arrest.

Morgan B. Mikolajczyk, 19, of 328 S. Jackson St., Batavia, was arrested at Tim Horton's on a warrant for alleged failure to appear in City Court on an unreasonable noise charge.

Douglas G. Goodwin Jr., 22, of 130 Bank St., Batavia, turned himself in on an arrest warrant out of City Court related to an alleged parking violation for parking facing the wrong way.

Michael J. Carroll, 21, of 16 Harvester Ave., Batavia, was arrested by Monroe County Sheriff's and turned over to Batavia PD on a warrant out of City Court related to a charged of possession of alcohol under age 21.

Shaneeka R. Wroten, 20, of 16 Central Ave., rear, Batavia, is charged with criminal trespass, 2nd, and harassment, 2nd. Wroten was arrested on a warrant out of City Court related to the listed charges.

Samantha L. Tennity, 18, of 318 E. Main St., Batavia, is charged with petit larceny. Tennity is accused of shoplifting from Dollar General.

Jeremy M. Denton, 27, of Brockport, is charged with felony DWI, driving with a BAC of .08 or greater, unreasonable speed, leaving the scene of a property damage accident, driving left of pavement markings and moving from lane unsafely. Denton was allegedly involved in a single-car accident at 1:23 a.m., Friday, on Route 19, Bergen. He allegedly fled the scene was was later located. The accident was investigated by Deputy Howard Carlson.

Jeffrey Louis Deats, 26, of Olyn Avenue, Batavia, is charged with aggravated harassment, 2nd. Deats is accused of making threatening phone calls to a woman.

Destiny S. Milroy, 16, of Le Roy, is charged with assault, 3rd. Milroy was arrested by State Police in connection with an incident reported at 8:28 a.m., May 1, in the Town of Le Roy. No further details released.