crime

The trial date for an Alabama man indicted on 28 counts of sexual abuse has been moved back, giving his new attorney time to become familiar with the case.

Earl Francis Sprague , 42, of Church Street, Alabama, was also later indicted on counts of criminal solicitation, 2nd, for allegedly trying to hire somebody to murder a witness.

Last week, William Harper, of the Public Defender's Office, withdrew from the case, citing a conflict of interest. Harper is representing one of the criminal solicitation witnesses on an unrelated criminal matter.

Since the witness wouldn't agree to a new attorney, Sprague consented to the change of attorney.

He is now represented by Fred Rarick, who was assigned to the case today.

Attorney and client will appear in court Feb. 20 to update Noonan on Rarick's progress in becoming familiar with the case, at which time a trial date will be set.

In August, Sprague was indicted on 28 counts sexual abuse in the first degree against a child under age 11. He allegedly abused a child on 28 separate occasions from 1999 through 2009.

Sprague is currently being held in the Genesee County Jail.

Bath salts may have played a role in the criminal conduct of a former Batavia resident who admitted in October to possessing forged checks and who was sentenced in Genesee County Court today.

Richard Lee Matson, 30, will serve a four-month intermittent jail sentence and five years on probation as a result of his guilty plea.

Matson could have been sentenced up to seven years in prison.

As part of his guilty plea, Matson stipulated to $4,500 in restitution for his victims, but Public Defender Gary Horton objected to the restitution today because there was much less requested in actual claims filed through Genesee Justice.

Judge Robert C. Noonan said Matson will need to come back at a later date for a restitution hearing, giving the District Attorney's Office more time to collect restitution claims.

Horton, in arguing for the probation sentence, told Noonan that at the time Matson was involved with the forged checks, he was also using bath salts.

"We all are fairly familiar with the affect bath salts can have on someone's life," Horton said.

Horton added that Matson is a valued employee by his employer.

Russell P. Cessna, 25, of 18 Pleasant St., Le Roy, will spend somewhere near the next 15 years in state prison.

Cessna was sentenced in county court this morning for burglarizing more than a dozen homes in Genesee County.

As District Attorney Lawrence Friedman told Judge Robert C. Noonan, if Cessna received the maximum sentence under his plea agreement, he would spend less than a year in jail for each of his crimes.

Three of Cessna's victims told Noonan how Cessna's burglaries had changed their lives forever.

"I don't like that I don't trust people anymore," said one victim. "I don't like that I don't like seeing cars parked in front of my house because I don't know if somebody is looking at my house because they want to take something from me."

The victim suggested that when Cessna gets out of prison, he be required to do 2,080 hours of community service to reimburse the government for all the resources used to investigate, prosecute and incarcerate him.

Another victim said Cessna stole her wedding ring (custom designed by her husband, which she wasn't wearing during her pregnancy) and her graduation ring.

"He took away the two things that meant the most me and something that can't be replaced," she said.

Another victim also said he has become more distrustful and worried about people coming onto his property.

"You're going to have a lot of time in the next 1,800 to 5,400 days of your life," the victim said. "You'll be able to think about why you did what you did and why you didn't just get a job."

Noonan also received letters from friends and family who support Cessna, but there was also a letter Cessna wrote to a former girlfriend and obtained by the District Attorney's Office that Noonan characterized as "vile."

The letter was discussed extensively by Friedman and defense attorney Jerry Ader.

The letter was written shortly after Cessna's arrest at a time, Ader said, when Cessna was coming down from a severe heroin addiction. Cessna was unhappy with his former girlfriend for something she did that was unrelated to his criminal case.

Ader argued that the letter shouldn't be used as evidence of Cessna's character, yet he couldn't deny that it's a part of who his client is. But he's also a person with friends and family who support him, the attorney said.

"The letters do not paint my client in some rainbow," Ader said. "He is somebody who is troubled, who, while he may not admit it, has mental health issues, issues that run in his family and a drug problem that runs in his family. I'm not saying that excuses him. It explains him."

Local law enforcement caught up with Cessna July 31 as part of an undercover operation that located Cessna in the act of burglarizing a home on Summit Street, Batavia. He accepted a guilty plea to two counts of burglary, 2nd, on Jan. 16.

According to Friedman, Cessna cooperated with investigators from four different law enforcement agencies, admitting to a string of burglaries. Friedman said that cooperation did more to help Cessna himself than it helped law enforcement, because by admitting to the crimes, Cessna avoids possible separate prosecution later on new charges.

Cessna read a handwritten statement to Noonan.

"I wish I could take it all back, but it's too late now," Cessna said, adding later that he knows his actions were selfish. "I'm sorry. I hope they (his victims) can forgive me."

Noonan said Cessna's statement was "a reasonable response for somebody who has committed terrible acts against strangers."

But then there is that letter to Cessna's former girlfriend.

"The letter submitted that was written to a former girlfriend is one of the most vile things I've ever read as part ofa pre-sentence package," Noonan said. "Whether it represents who Mr. Cessna is or, as his attorney said, a part of Cessna, that this man would write such a very, very disturbing letter tells me a lot about the person I am about to sentence."

Cessna was also ordered to pay $32,107.15 in restitution.

A man tried this week on a criminal contempt charge had to be restrained by deputies yesterday afternoon after a jury found him guilty.

Security measures were in place from the start of the trial of Jon Nelson Roblee, 37, of Linwood Road, Le Roy. He wore a weighted boot to inhibit his ability to flee and the defense table was angled toward the jury in such a way, with a skirt around it, that jurors would not be able to see any restraints that might have been placed on him (none where during the trial).

After he was pronounced guilty, Roblee became fixated on the two people who were the victims of his refusal to obey a court order, according to Deputy John Baiocco.

"He stood up and pointed and started yelling that it was a conspiracy to commit murder and took a step towards them," Baiocco said. "He had to be physically restrained."

Baiocco and Deputy Daniel Van Valkenburg grabbed Roblee, and with the assistance of Sgt. Bill Scott, Van Valkenburg cuffed Roblee. He was immediately returned to the Genesee County Jail.

Roblee was indicted on the criminal contempt, 1st, charge in June for calling a person protected by a court order and telling the victim, "I am going to get you and him, too, if it takes the rest of my life."

In October 2011, Roblee was arrested and charged with menacing, 2nd, and harassment, 2nd. He was accused of throwing a coffee pot at a victim, cutting a victim's hand, and displaying two knives at a pair of victims and threatening to kill them.

Sentencing on yesterday's jury conviction is set for 1:30 p.m., March 19.

An Alexander resident -- who has already admitted to grand larceny in Wyoming County, and is facing prior theft charges locally -- entered a not guilty plea in Genesee County Court today to two new burglary counts.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, who is being held in Wyoming County Jail pending his sentencing Feb. 21, made a brief appearance before Judge Robert C. Noonan this afternoon.

Antonucci was indicted by the grand jury a week ago on two new counts of burglary in the second degree, stemming from two alleged break-ins at a residence in Darien.

In Genesee County, he was already facing incharges of burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th.

On Nov. 26, in Wyoming County Court, Antonucci entered a guilty plea to grand larceny, 3rd, and grand larceny, 4th. His original indictment also included a count of burglary, 3rd.

He faces from three and two-thirds to 11 years in state prison on the Wyoming County conviction, to be served concurrently with any sentence he might receive in Genesee County on the original set of charges.

The Wyoming County plea satisifies all of the charges in that county against him.

Thomas Ianello Jr., 27, of 8 St. Marks St., Le Roy, is charged with criminal possession of stolen property, 4th, and petit larceny. Ianello is accused of wrongfully possessing a debit card belonging to another person and then using that debit card to make withdrawals. Ianello was released under supervision of Genesee Justice.

Cara Leigh Skye, 24, of South Loop, Steamburg, is charged with a felony count of bail jumping. Skye allegedly failed to appear for a court case in Alabama Town Court. Bail was set at $6,000.

Le Roy PD is looking for public assistance in solving a burglary at a business on Mill Street early Sunday morning.

The break-in occurred about 3:50 a.m. and no suspects have been identified.

The front door lock was broken and the thieves or thief forced entry into the business and stole items.

Anyone having information about this burglary is asked to contact the Le Roy Police Department at 345-6350.

Nicolas Adam Antonucci, 25, of 4192 Broadway Road, Alexander, is indicted on two counts of burglary in the 2nd degree. Antonucci is accused of breaking into a residence on Broadway Road, Darien, on Nov. 12 and on Nov. 18. (For prior charges against Antonucci, click here).

Daniel H. Bettilyon is indicated on felony counts of DWI and driving with a BAC of .08 or greater. Bettilyon is accused of driving a 1989 Harley Davidson motorcycle while drunk on Maltby Road, Oakfield, on Aug. 10. Bettilyon allegedly has a prior DWI conviction from July 2004.

Richard David Farley, 64, of New Bethehem, Pa., is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and possession alcohol in a motor vehicle. Farley was a passenger in a vehicle stopped on Route 77 in the Village of Corfu at 11:58 p.m. on Friday. During the traffic stop, Farley was allegedly found in possession of an open container of alcohol, a marijuana cigarette and a loaded, unregistered semi-automatic .22-caliber pistol. Farley was jailed on $2,000 bail.

Brandon P. Stagg, 20, and Oscar J. Familia, 21, of 25 Trumbull Parkway, Batavia, are charged with possession of alcohol under age 21 and unnecessary noise. Stagg and Familia were arrested following a complaint of an underage drinking party at their home. Stagg was charged with possession of alcohol and Familia was charged with unnecessary noise.

Caroline B. Robinson, 31, of 38 Gilbert St., Le Roy, is charged with trespass. Robinson is accused of remaining at a hotel on Oak Street after being told to leave by hotel staff and a Batavia PD officer.

William G. Raschi, 62, of 5630 W. Lake Road, Conesus, is charged with felony DWI, unlicensed operation, unsafe lane change, failure to stop for traffic signal and consumption of alcohol in a motor vehicle. Raschi was stopped on East Main Street, Batavia, at 5:57 p.m. Saturday, by Officer Matt Lutey. The charge is a felony because of an alleged prior DWI conviction in the previous 10 years. Raschi was jailed without bail pending a court appearance today.

Steven J. Raimondi, 19, of 679 E. Main St., is charged with possession of alcohol under age 21. Raimondi allegedly hosted a large underage drinking party at his residence, which was reported at 1:12 a.m., Sunday. A 16-year-old female was also charged.

Paul B. Heale, 58, of 234 Ellicott St., lower, Batavia, is charged with DWAI. Heale was stopped following a complaint of a possibly intoxicated driver at 2:30 p.m. Thursday on Pearl Street by Officer Eric Hill.

Robert D. Griffin Sr., 34, of 319 E. Main St., Batavia, is charged with two counts of criminal mischief, 4th. Griffin is accused of breaking a window by throwing a boot at it during an argument and then preventing a female from calling police by taking her mobile phone.

Frank J. Falcone, 27, of 10599 Main St., upper, Alexander, is charged with criminal mischief, 4th, and harassment, 2nd. Falcone was charged following a lengthy investigation by Batavia PD into an incident in the parking lot of Billy Goats on Oct. 20. Falcone is accused of kicking a vehicle, causing damage, and of punching and slapping the owner of the vehicle.

Tharon Joseph Kunkle, 52, of Read Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and unregistered ATV. Kunkle was charged after allegedly being observed driving his ATV on Route 5, Batavia at 2:32 a.m. Sunday by Deputy Joseph Corona.

Samantha Nicole Frear, 25, of Hempstead Avenue, Buffalo, was arrested on a bench warrant out of Town of Darien Court by Buffalo PD following a traffic stop.  The warrant stems from a harassment, 2nd, charge in November, 2009. 

John J. Maroni, 50, of Clay, is charged with possession of unstamped cigarettes, DWI, driving with a BAC of .18 or greater, failure to use/improper use of four-way flashers, and consumption of alcohol in a motor vehicle. Maroni was arrested following a report of a vehicle parked along the roadway on Oakfield-Elba Townline Road, Oakfield at 7:13 p.m., Friday.

Vincent Donald Henning, 35, of Batavia, is charged with DWI, driving with BAC of .18 or greater, improper right turn and unlicensed operator. Henning was stopped on Seven Springs Road, Batavia, at 10:47 p.m. Friday by Deputy James Diehl.

Andrew Garry Anderson, 28, of Basom, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone (65 in a 40 mph zone). Anderson was stopped on Route 77, Basom, at 12:25 a.m. Friday by Deputy Patrick Reeves.

Danielle R. Dixon, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Dixon was stopped at 2:30 a.m. Sunday on Hutton Road, Oakfield, by State Police.

Heather M. Ground, 27, of Meadville Road, Tonawanda Indian Reservation, and Casey A. Jonathan, 35, of Skye Road, Tonawanda Indian Reservation, are charged with harassment, 2nd. Ground and Jonathan allegedly became involved in a dispute during a ceremony at the Longhouse on the Tonawanda Indian Reservation. Ground allegedly pushed and then punched Jonathan. A few minutes later, Jonathan allegedly punched Ground in the mouth.

Shawn C. Wetmore, 40, of 38 Maple St., Batavia, is charged with endangering the welfare of a child, harassment, 2nd, and criminal mischief, 4th. During a fight, Wetmore allegedly kicked a door open, which was close to an infant. He allegedly threw an item at another person. Wetmore was jailed on $5,000 bail.

Carrie Q. Blunt, 20, of 24 Thomas Ave., Batavia, is charged with false personation. Blunt was arrested on a bench warrant during an unrelated investigation.

Keith Joseph Jackson, 18, of Slusser Road, Batavia, is charged with possession/consumption of alcohol under age 21. Also charged, Corey Jarome Mooney, 19, of Lockport Road, Oakfield, and a 17-year-old female resident of State Street, Batavia. The trio was allegedly at an underage drinking party at 12:04 a.m., Saturday, on Orchard Street in Oakfield. The case was investigated by Deputy Patrick Reeves and Deputy Matthew Fleming.

Devine Raheem Worthy, 28, of Congress Street, Buffalo, was arrested on a bench warrant for alleged failure to pay restitution.

A former Center Street Smoke House employee who was caught doctoring transactions must repay more than $24,000 as part of a plea deal that reduced his charges from grand larceny, 3rd, to petit larceny.

Adam J.Hoag, 36, of 162 Ross St., Batavia, told Judge Robert Balbick last week that he could get the $24,459.59 in restitution from a trust account. The money will be held in escrow until his sentencing April 19.

Hoag was arrested in September after a manager discovered some suspicious register activity.

A more thorough audit, according to court records, found that Hoag, a waiter, had been voiding out items on tickets, claiming gift certificates that had not really been redeemed, and claiming coupon discounts that had not been turned in, starting in May 2010.

According to a police report, Hoag said he had forgotten to turn the gift cards in at the end of his shift and then later discarded them.

A Le Roy resident has been arrested in connection with the overdose death last August of a woman from Chili and charged with drug-related crimes.

Heather M. Price, 37, of 18 Genesee St., Le Roy, is being charged with criminal sale of a controlled substance, 3rd, a Class B felony. She was jailed on $50,000 bail.

The arrest comes following a five-month investigation into the death of the woman who was found by the Monroe County Medical Examiner to have died from a combined mixture of narcotics, including fentanyl and methadone.

Price reportedly found the woman dead in her apartment in August and called police.

Investigators say that evidence indicates that Price and the woman exchanged prescription medications.

"This is the third fentanyl-related death handled by the Le Roy Police Department in the past few years," officials from Le Roy PD said in a statement. "Le Roy Police are asking all citizens to be aware of what medications are prescribed to you, to use them only as directed and not to share your medications."

Ashley R. Keene, 25, of 244 Liberty St., Batavia, was arrested on a warrant out of city court for an alleged failure to appear on previous charges. Keene was previously charged with unlawful dealing with a child and harassment, 2nd. The endangering the welfare of a child charge stems from an incident in July when Keene allegedly gave bath salts to a child. Keene was taken into custody upon her release from the Monroe County Jail, where she was held on an unrelated charged. Keene was jailed on $2,500 bail.

Stacy Lynn Patterson, 25, of Main Road, Stafford, is charged with grand larceny, 3rd, and offering a false instrument for filing. Patterson is accused of filing false information with DSS in 2010 and 2011 in order to receive benefits. Patterson was released under supervision of Genesee Justice.

Tammy L. Piesczynski, 36, of 1 Florence Ave., Batavia, is charged with criminal mischief, 3rd. Piesczynski is accused of damaging two doors of a residence on Florence Avenue on Jan. 1.

One of the four men arrested together in connection with a pair of burglaries over the summer in Pavilion appeared in Genesee County Court today and received the stiffest sentence of all.

John H. O'Shea, 20, of Wolcott Street, Le Roy, was given consecutive 3 1/2 to 7 year prison terms. He must also pay his part of more than $53,000 in restitution to his victims.

On Nov. 28, O'Shea plead guilty to burglary, 3rd, and grand larceny, 4th.

He had been charged with two counts of burglary, 2nd, and grand larceny, 4th, in connection with the May 21 Pavilion robbery. He had also been charged with burglary and grand larceny for a break-in in Le Roy.

O'Shea was first arrested in July and faced a charge for falsely reporting an incident for reporting a burglary in which he said jewelry and marijuana were stolen.

His Nov. 28th plea satisfied all pending charges.

The Pavilion homeowners spoke in court today about how the nighttime robbery devastated them.

O'Shea and partners Dylan J. Hawkins, 20, of Morrow Road, Pavilion, and Anthony J. Gonzales, 20, of Myrtle Street, Le Roy, reportedly got away with more than $51,000 in cash and more than $21,000 in securities.

"This crime greatly altered our financial future," one of the victims from Pavilion told Judge Robert C. Noonan. "We would like Mr. O'Shea to know that it took a lot of hard work by my husband over many, many years to earn that money and save that money. Why did Mr. O'Shea think he could just come in and take it?"

The victim pleaded with O'Shea to reveal where the money is hidden.

While O'Shea has reportedly admitted to spending $6,000 of the money on cocaine; he doesn't know what happened to the rest, according to his attorney, Thomas Burns.

Hawkins and Gonzales have both pled guilty to attempted burglary. Hawkins was sentenced to five years in prison and three years probation. Gonzales received six months in jail and five years probation.

Joshua M. Bratcher, 22, of Lake Street, Le Roy, who was initially charged with burglary, 2nd, and grand larceny, 4th, for his part in a May 18 break-in of the Pavilion residence, entered a guilty plea in Pavilion Town Court to petit larceny. He has not yet been sentenced.

Assistant District Attorney Kevin Finnell argued for the maximum sentence under the plea deal. He said O'Shea received a substantial break in getting his plea reduced from a violent felony -- second-degree burglary -- to a nonviolent third-degree burglary.

O'Shea has a prior violent felony conviction in South Carolina for robbery with a deadly weapon.

"I don't know that I've ever seen in a PSI (pre-sentence report by the Probation Department) before what I saw in this PSI," Finnell said. "It says, quite correctly, I think, that he is a menace to society."

Noonan told O'Shea that he has a criminal record that shows he's a violent felon and while he got a break with the plea bargain, Noonan intended to put him away for as long as possible.

Noting that if his victims had awakened in the middle of the night during his Pavilion robbery, the scene could have turned violent, if not deadly (there were guns in the house), and that was a very scary situation for the victims, Noonan said he was just glad the victims didn't wake up.

"I'm going to make sure nobody sees you in their house in the middle of the night for a good long time," Noonan said.

Carrie G. Blunt, 20, of 339 Hudson St., Syracuse, is charged with petit larceny. Blunt is accused of shoplifting $40 in merchandise from a business in the Tops Plaza.

Andrew A. Crimes, 40, of 627 E. Main St., Batavia, is charged with criminal contempt and aggravated harassment, 2nd. Crimes is accused of contacting a person several times whom he had been ordered not to contact over a six-hour period. Crimes was jailed pending his next court appearance.

A 56-year-old Pembroke woman who admitted in October to possessing child pornography received a 10-year term of probation plus intermittent jail time.

Beverly Hensel told Judge Robert C. Noonan, "I feel like I've ruined the rest of my life."

Hensel reportedly downloaded six DVDs full of child pornography and gave the DVDs to James Little Jr.

Little, who met Hansel in 2008 in a Corfu bar, is serving a 15-year prison term for molesting a Batavia toddler and faces more time in prison after admitting in November to molesting another child.

In October Hensel, as part of a plea deal, admitted to possession of child sexual performance. The deal was for a maximum sentence of shock probation, which means an intermittent jail term and probation.

Noonan will conduct a hearing at a later date to determine Hensel's status as a registered sex offender.

Noonan told Hensel that he didn't agree that she ruined the rest of her life.

"What you did is uncharacteristic of how you lived your life for the 56 years prior to your arrival here last October," Noonan said. "Probation is meant to keep you on track so you don't revert to this behavior or any other criminal activity again."

Hensel vowed to comply with the terms of the probation agreement.

"I'll do anything I have to do to work with probation," Hensel said. "I've never been in trouble before, so I won't be too much of a hardship."

Charles Wayne Oshea, 35, of Clipnock Road, Bethany, is charged with criminal obstruction of breathing and harassment, 2nd. Oshea is accused of grabbing a woman around the neck and forcing her to the ground during an argument. Oshea was jailed on $2,000 bail and an order of protection was issued.

Elijah Robert Coombs, 18, of Orchard Street, Oakfield, is charged with obstruction of governmental administration 2nd, resisting arrest, criminal nuisance, 2nd, harassment, 2nd, and unlawful possession of marijuana. Coombs is accused of causing problems when deputies arrived at his residence to investigate a report of an underage drinking party at 11:43 p.m., Friday. When deputies attempted to arrest Coombs, he allegedly resisted arrest and struck a deputy. Deputies Matt Fleming and Patrick Reeves responded to the call.

Andrew Zimba Perdock, 25, of Bethany Center Road, Bethany, was arrested on a bench warrant, alleged failure to pay fine related to a petit larceny charge. Perdock was jailed on $100 bail.

Ronald James Tombari, 24, of Court Road, Pavilion, is charged with felony DWI, driving with a BAC of .08 or greater, unlicensed operation, failure to keep right and no seat belt. Tombari was stopped at 12:12 a.m. Sunday on Perry Road, Pavilion, by Deputy John Weis.

(name redacted), 19, and (name redacted upon request), 24, both of South Lake Avenue, Bergen, are charged with unlawful dealing with a child. xxx and xxx were arrested following an investigation into a report of a loud gathering. xxx and xxx were accused of hosting an underage drinking party.

Christopher William Fowler, 24, of Batavia, is charged with felony DWI, driving with a BAC of .18 or greater and parking on a roadway. Fowler was allegedly found in his vehicle at 10:13 p.m., Saturday, with it stopped on Stegman Road and Miller Road, Batavia, by Deputy Patrick Reeves.

A 17-year-old from Batavia has been charged with unlawful possession of marijuana. The youth was stopped at 3:28 p.m., Saturday, on Lewiston Road, Batavia, for alleged traffic violations by Deputy Patrick Reeves. During the traffic stop, the youth was allegedly found in possession of marijuana.

Lori Ann Brightenfield, 53, of Main Road, Stafford, is charged with DWI and driving with a BAC of .08 or greater. Deputy Jason Saile responded to a report of a citizen requesting assistance because her vehicle ran out of gas in the Town of Le Roy. Following an investigation, Brightenfield was arrested for alleged DWI.

City police and a Sheriff's deputy are responding to Liberty and Ellicott streets after a passing motorist dumped their McDonald's garbage on a front lawn at a residence on Ellicott Street Road.

The homeowner chased the motorist from his home on Ellicott Street Road to the city.

Joseph E. Marr, 34, of Nesbitt Road, Attica, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Marr -- incarcerated in the Genesee County Jail on Jan. 1 on a charge of driving while impaired by drugs -- is accused of attempting to conceal a controlled substance while in the jail. Marr was arraigned on the charge Wednesday and released under supervision of Genesee Justice.

A 16-year-old resident of Ross Street, Batavia, is charged with harassment, 2nd. The teen is accused of punching and pushing another person.