crime

Three women from Rochester were arrested following a felony traffic stop June 13 on West Main Street Road, Batavia, and were then accused of possessing more than $6,000 in stolen property.

A felony traffic stop is conducted when police officers consider it a potentially high-risk situation. Officers keep their distance from the vehicle and order the occupants out of the vehicle with their hands in view.

The incident began at 12:26 p.m. when the Erie County Sheriff's Office contacted local law enforcement about a theft of property from an undisclosed location in Erie County. A suspect vehicle was apparently believed to be eastbound.

Later, a patrol spotted the possible suspect vehicle on West Main Street Road, Town of Batavia. 

A felony traffic stop was initiated in Batavia just east of Oak Street.  All three occupants exited the vehicle without incident. 

The suspects were identified as Klara A. Bates, 31, of Agnes Street, Rochester, Jayona D. Henderson, 20, of Hooker Street, Rochester, and Ashanay J. McBean, 27, of Terrace Street, Rochester.

The vehicle they were in was reported stolen on May 28 to the NFTA Transit Police.

All three were charged with criminal possession of stolen property in the third degree, a Class D felony.

Bates, Henderson, and McBean were arraigned in Centralized Arraignment Court. Bates and Henderson were released and turned over to the Erie County Sheriff's Office to face potential further criminal charges. McBean was held because a town court cannot set bail for a defendant with two prior felonies.

The Sheriff's Office was assisted by Batavia PD, State Police, the NFTA Transit Police, and the Ultra Organized Retail Crime Investigation unit.

The Sheriff's Office reported the following arrest on June 14 at the Dave Mathews Band concert at the Darien Lake Performing Arts Center:

Kelly P. Jones, 43, of 80th Street, Niagara Falls, is charged with harassment 2nd. Jones allegedly punched a Live Nation security guard and also attempted to bite a guard.

Press release:

The Batavia Police Department is investigating the use of stolen credit cards and is seeking the public's assistance with identifying the two pictured individuals.  If anyone knows who they are, please contact Det. Matt Wojtaszczyk at 585-345-6357, or you can leave a tip on the confidential tip line.

Johnny Burton Koonce, Jr., 32, of Conlon Road, Le Roy, is charged with unlawful imprisonment 1st and harassment 2nd. Koonce is accused of refusing to let a person out of a moving vehicle and of shoving the person's head into the door of the vehicle during an incident reported at 11:23 p.m. on June 11 on Route 20 in Pavilion. Koonce was held pending arraignment.

Justin T. Calmes, 45, of Watson Street, Batavia, is charged with open burning.  Calmes is accused of violating the Batavia Municipal Code on May 26 by conducting an open burn at a residence on Watson Street. Calmes, according to police, had been previously advised of city code regarding open burns. He was issued an appearance ticket.

Ricky L. Miller, 41, of State Street, Batavia, is charged with petit larceny and harassment. Miller was charged after allegedly stealing $400 from Tops Market on West Main Street on May 24. He allegedly shoved the store manager when confronted in an attempt to flee.  Miller was issued an appearance ticket.

Brinson M. Blocker, 29, of Barry Street, Brockport, is charged with DWI and running a red light. Blocker was stopped at 2:29 a.m. on May 21 at an undisclosed location in the City of Batavia. He was arraigned in Centralized Arraignment Court.  His release status is unknown.

Charles B. Lee, 47, of West Bergen Road, Bergen, is charged with operating a motor vehicle while impaired by drugs. Lee was stopped by Officer Kegvin Defelice on Sept 29 at an undisclosed location in the city of Batavia. He was arrested on May 26 following the completion of bloodwork in a crime lab.  He was issued traffic tickets and ordered to return to City Court on a later date.

Nathan W. Campbell, 42, no permanent address, is charged with trespass. Campbell is accused of returning to a business on East Main Street on May 31 a few hours after being banned from the location for reportedly causing a disturbance. He was issued an appearance ticket.

Matthew J. Wenzel, 36, of State Street,  Batavia, is charged with petit larceny. Wenzel is accused of stealing medication from a family member. He was issued an appearance ticket.

Josia G.J. Culver, 18, of Tracy Avenue, Batavia, is charged with attempted burglary 3rd and criminal mischief 3rd.  Culver is accused of attempting to break into a business in City Centre on May 15.  It was Culver's third arrest in May for allegedly attempting to break into the same business. Following the arrest, he was ordered held in the Genesee County Jail.

Adam B. Thomas, 34, of South Main Street, Batavia, is charged with criminal mischief 3rd. Thomas is accused of damaging family property at his residence on May 28. He was arraigned in Centralized Arraignment Court. His release status is unknown.

Richard A. Demmer, Jr., 30, no known address, is charged with attempted robbery 3rd. Demmer is accused of attempting to rob the 7-Eleven on May 29. He was released on his own recognizance. 

Jaqulyn A. Dueppengiesser, 39, of Page Road, Perry, was arrested on two warrants for failing to appear. Dueppengiesser was reportedly located in a dumpster on May 25 by Officer Felicia Martinez after receiving a call of a suspicious condition at a local business. The first warrant stems from a criminal possession of a controlled substance 5th charge, a Class D felony, arrest on April 11. On that arrest, Dueppengiesser was arraigned in City Court and released under the supervision of Genesee Justice pending her next appearance.  The second warrant stems from a petit larceny arrest on May 9. She was issued an appearance ticket.  She is accused of failure to appear for both arrests. Dueppengiesser was arraigned in City Court and released on her own recognizance.  

Adam J. Montes, 39, no known address, was arrested on a bench warrant for failing to appear. Montes was taken into custody on May 31 by Officer Felicia Martinez. He was previously arrested on charges of grand larceny of a vehicle and conspiracy 5th. He was arrested on a failure to appear warrant on April 6 and released. He was arraigned in City Court on the May 31 arrest and ordered held without bail.

Rosemary R. Waters, 37, of East Main Street, Batavia, was arrested on two City Court bench warrants for failure to appear. Officer Josh Girvin arrested Waters on May 17. The first warrant stems from an incident on Aug. 17, 2021, where Waters was arrested on an unrelated warrant and allegedly found in possession of narcotics, a modified fully automatic 9mm pistol and a 40-round magazine. Waters was arrested prior to the completion of lab work, and subsequently, an arrest warrant was issued. She was arrested on that warrant on April 7. The second warrant stems from an incident reported on July 30. Waters was reportedly the passenger in a vehicle during a traffic stop on Mix Place in Batavia. Waters allegedly provided a false name and was released. Narcotics and a modified short-barrel shotgun were later located in the vehicle. An arrest warrant was issued.

Oraid W. Edwards, 39, of West Avenue, Rochester, was arrested on a warrant for failing to appear. Edwards was taken into custody on May 19 by Officer Kevin Defelice. Edwards was arrested on June 19 after allegedly being found sleeping on the couch of a residence where he was unknown. Edwards reportedly left prior to patrols arriving on scene. He was arrested on a trespassing charge on June 23 and issued an appearance ticket. A warrant was issued on Aug. 23. He was arraigned in City Court and released on his own recognizance.

Stephen D. Freeman, 52, of Mcmahon Road, Hinsdale, was arrested on an arrest warrant for petit larceny. Freeman was located by Troopers in Cattaraugus County and turned over to Batavia PD on May 28. Freeman is accused of stealing from an employer in City Centre on or around Sept. 19. He was arraigned in Centralized Arraignment Court and released on his own recognizance. 

Adam D. Altobelli, 42, of Mount Hope Boulevard, Rochester, was arrested on a bench warrant for failing to appear. Officer Richard Messmer arrested Altobelli on May 24. The warrant stems from an incident reported on East Main Street, Batavia, on Feb. 22, 2020. He was accused of stealing items and possessing a controlled substance. He was issued an appearance ticket. After allegedly failing to appear, he was arrested on a warrant on Dec. 4, 2020, and arraigned in City Court. He was released under supervision. He allegedly failed to appear for his next court appearance and was arrested on a warrant on May 6, 2021.  He was again arrested on a warrant for alleged failure to appear on Aug. 30, 2021. On this arrested, he was arraigned in Centralized Arraignment Court. His release status is unknown.

Carlos E. Flores, of Dewey Avenue, Greece, was arrested on a bench warrant.  Officer Kevin DeFelice arrested Flores on May 25. The warrant stemmed from an incident on Aug. 11, 2019, at a location on Bank Street. Flores was accused of threatening another person. He was arrested on a harassment 2nd charge and issued an appearance ticket. He was arraigned in City Court on the latest arrest and released after entering a guilty plea.

Gregory Alan Palone, 60, of Tennesee, is charged with DWI, driving with a BAC of .08 or greater, and insufficient tail lamp. Palone was stopped at 1:27 a.m. on June 4 on Lewiston Road by Deputy Jeremiah Gechell. He was released on traffic tickets.

Kenneth Dwright Robinson, Jr., 49, of Seven Springs Road, Batavia, is charged with criminal possession of a controlled substance 7th. Robinson was stopped at 1:59 p.m. on June 4 by Deputy Jacob Kipler and allegedly found in possession of a glassine bag containing crack cocaine during a vehicle inventory. He was processed at the Genesee County Jail and released on an appearance ticket.

Emily Nichols, 33, of Batavia, is charged with welfare fraud 3rd. Nichols was arrested following an investigation by the Department of Social Services. She is accused of failing to report the wages of her husband and receiving $7,885 in SNAP benefits for which she was not entitled. She was arraigned in Batavia Town Court and released on her own recognizance.

David Alan Leach, 29, of Morganville Road, Stafford, is charged with criminal possession of a controlled substance 7th. Leach is accused of possessing cocaine during a traffic stop by Deputy Nicholas Chamoun at 8:40 p.m. on Oct. 25.  Leach was arrested on June 11 and issued an appearance ticket.

Press Release:

On Friday at approximately 4:01 p.m., the Genesee County Emergency Dispatch Center received a 911 call reporting possible shots fired in the area of 25 Vine St., Batavia. Upon arrival, officers learned that an individual had possibly fired a weapon in the direction of a residence at that location following an earlier altercation between a group of individuals.

There were no reported injuries and it was determined that the act was targeted. Detectives from the City of Batavia Police Department's Detective Bureau were called in to investigate, and developed potential suspects early on in the investigation. 

After collecting evidence, witness accounts and video footage the detectives were able to narrow their focus to one individual who fired a single shot towards the rear area of the residence at 25 Vine St. following a verbal altercation at the residence. The altercation stemmed from an earlier altercation not at that location.

The suspect was taken into custody at a residence in Le Roy with the assistance of the Genesee County Sheriff's Office, New York State Police and Village of LeRoy Police Department. 

Luke A. Rose (age 19) of Batavia was charged with one count of Reckless Endangerment in the 1st degree and one count of Criminal Possession of a Weapon in the 3rd degree. He was arraigned in Central Arraignment Part (CAP) Court and remanded to the Genesee County Jail on $20,000 cash bail/ $40,000 bond/ $60,000 partially secured bond and ordered to reappear on June 20, 2023 at 1 p.m. in City Court.

The Department wishes to acknowledge and thank the Genesee County Sheriff's Office Emergency Dispatch Center, Genesee County Sheriff's Deputies, New York State Police Troopers and Village of Le Roy Police Officers, along with citizens that assisted, in investigating and apprehending this individual.

Previously: Police investigating report of possible gunfire on Vine Street in Batavia

There may have been at least one gunshot fired late this afternoon in the vicinity of 23 and 25 Vine St., Batavia, according to police.

The report of gunfire is unconfirmed.

Witnesses reported to police that a person fired a shot down the driveway between two houses.

There were apparently people outside at the time of the incident, according to Det. Sgt. Matt Lutey, who managed to take cover or otherwise avoid the gunfire.

Nobody was injured in the incident.

Since no building was struck, Lutey said, there is no physical evidence at this time to confirm that shots were fired.  

Lutey said police do not know at this time what type of weapon might have been involved. There is no suspect description available at this time.

There are multiple residents in the area, including small children.  The residents were discussing the incident among themselves, that it was "crazy" and that children and pets could have been hurt.

The former principal of a local parochial school entered a guilty plea to one count of course of sexual conduct with a child in the second degree in Genesee County Court Monday.

According to District Attorney Kevin Finnell, Jason Clark admitted Monday that he touched the chest of a female child two or more times over a period of time not less than three months in duration.

As part of the plea deal, Clark agreed to surrender his teaching license and was placed on interim supervision by the Probation Department for one year.

Finnell said under the terms of the plea agreement, if he's successful on probation, he may withdraw his plea to the felony count and enter a new plea to a misdemeanor count of endangering the welfare of a child. He would continue to serve some time on probation.

If he's unsuccessful on probation, Finnell said, he could be sentenced to a term in prison.

Following a standard presentence investigation, Clark will be sentenced at 9:30 a.m., June 3.

Clark started working at St. Paul Lutheran in Batavia as a teacher in 2002. He became principal in 2019.

He was charged in January with two counts of sexual conduct against a child in the second degree.

Carolyn L Kurek, 80, of West Main Street, Batavia, is charged with trespass and harassment 2nd. Kurek is accused of refusing to leave a location on North Street.  After a lengthy negotiation with police, according to the report, the officers attempted to physically remove her, and she allegedly kicked and scratched the officers.  Kurek was issued an appearance ticket, transported to her apartment, and released.

Shane Kyle Logan, 50, of Meadville Road, Basom, is charged with criminal sexual act 3rd and incest 3rd.  Logan was charged following an investigation by Investigator Kevin Forsyth for an act alleged to have occurred on Aug. 30 in Basom. He was ordered held on $5,000 bail.

Teesean T. Ayala, 24, of Walnut Street, Batavia, is charged with trespass, obstruction of governmental administration, and criminal impersonation. On May 21, at about 6:05 a.m., police officers were dispatched to Vine Street to investigate a report of a male walking onto driveways and checking car door handles. A possible suspect was identified who then fled from police on foot through backyards in the northeast section of the city. The suspect was eventually apprehended and identified as Teesean Ayala. He is scheduled to appear in City Court at a later date.

Richard A. Demmer, Jr., 30, no permanent address, is charged with petit larceny and falsifying business records. Demmer is accused of stealing property from a residence on Towne Place, Alabama, on May 24. He then allegedly falsified a bill of sale at Pawn King on Veterans Memorial Drive. Demmer was arraigned and was released on his own recognizance. The case was investigated by Deputy Jenna Ferrando and Investigator Erik Andre.

Madison Lee McKenzie, 19, of Creek Road, Batavia, is charged with criminal contempt 2nd and endangering the welfare of a child.  McKenzie is accused of using Snapchat between May 28 and May 30 to send explicit messages and photos to a person under age 15 in violation of an order of protection.  McKenzie was arraigned and released pending her next court appearance.

Heather N. Holbrook, 38, of Walnut Street, Batavia, is charged with criminal possession of a narcotic with the intent to sell and criminal possession of a controlled substance 4th. Holbrook was a subject of a traffic stop by Officer Wesley Rissinger on May 17 at an unspecified location in the City of Batavia. At the time of the stop, the Sheriff's Office held an arrest warrant for Holbrook.  While being taken into custody, she was allegedly found in possession of a significant quantity of a narcotic. Holbrook was arraigned and released on her own recognizance. Also charged as a result of the traffic stop was Jeremy P. Holbrook, 40., of West Bergen Road, Bergen. He was charged with criminal possession of a controlled substance 7th.  He was issued an appearance ticket.

Nathaniel L. Beglinger, 31, of Peaviner Road, Alexander, is charged with criminal possession of a controlled substance 7th, criminally using drug paraphernalia 2nd, and obstructed view.  Beglinger was the subject of a traffic stop on May 17 on East Main Street, Batavia. He was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Rosemary R. Waters, 37, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Waters was allegedly found in possession of a controlled substance during a traffic stop on East Main Street, Batavia, on May 17. She was arraigned and ordered held on $1 cash bail.

Chantel C. Holmes, 23, of Walden Creek Drive, Batavia, is charged with assault 3rd and criminal mischief 4th. Holmes was reportedly involved in a disturbance on May 7 on Ellicott Street, Batavia.  She is accused of striking another person in the head with a shovel, which caused an injury. She is also accused of damaging property. Holmes was arraigned in City Court and released.

Donald F. Koziol, 55, of Franklin Street, Batavia, is charged with DWI and no/insufficient tail lamps. Koziol was stopped on May 14 on Ellicott Street by Officer Adam Tucker. He was released on an appearance ticket.

Ashley Davis, 34, of Walden Creek Drive, Batavia, is charged with DWI, unlicensed operator, and unsafe backing. Davis was arrested by Officer Andrew Mruczek on May 8 following an investigation into a report of a vehicle backing over a curb and striking another vehicle in a parking lot on North Street, Batavia. Davis was released on an appearance ticket.

A 17-year-old female resident of Ellicott Street,  Batavia, is charged with harassment 2nd. The youth is accused of striking another person while in an unspecified park in the City of Batavia on May 15. The youth was arraigned in City Court and released.

Kevin M. McCoy, 56, of East Main Stree, Batavia, is charged with trespass and harassment 2nd. McCoy was allegedly involved in a fight at a business on East Main Street, Batavia, on May 12. He was arraigned and released on his own recognizance.

Lakeisha A Gibson, 36, of Park Road, Batavia, is charged with criminal contempt 2nd. Gibson is accused of failure to comply with a subpoena to appear at a trial. She was issued an appearance ticket.

Zakara R. Jackson, 19, of Trumbull Parkway,  Batavia, is charged with criminal possession of a controlled substance 7th. Jackson was allegedly found in possession of a narcotic and drug paraphernalia when she was arrested on warrants on May 16. She was arraigned and released.

Jeanette L. Higgins, 47, of Ganson Avenue, Batavia, is charged with harassment 2nd. Higgins is accused of throwing an acquaintance to the ground during an argument on May 15. ßhe was issued an appearance ticket.

Jaqulyn Ann Dueppengiesser, 39, is accused of stealing an item from Walmart on Veterans Memorial Drive at 4:25 p.m. on May 23.  Her release status is unknown.

Jared Evan Flaming, 36, of Genesee Street, Darien, is charged with acting in a manner injurious to a child less than 17 years old, criminal mischief, and harassment 3rd. Flaming is accused of damaging a mailbox on Gabbey Road, Pembroke, while walking at 8:15 p.m. on May 27. He is accused of screaming profanities at the time and threatening a caller in the presence of children. Flaming was held in the Genesee County Jail pending his arraignment.

Joshua Rashad Brown, 25, of Spalding Street, Elmira, is charged with criminal trespass 3rd and harassment 2nd.  Brown is accused of entering an enclosed area of Darien Lake Theme Park on May 29 without permission. He was issued an appearance ticket.

Isrrael Obregon, Jr., 42, of Tucker Road, Walnut Cover, N.C., is charged with DWI, aggravated unlicensed driver 1st, misuse of dealer plate, unlicensed driver, and driver view obstructed. Obregon was stopped on May 29 at 4:22 on Pearl Street Road, Batavia, by Deputy Zachary Hoy.  He was issued tickets and released.

Hunter M. Passage, 22, of Batavia, is charged with DWI. Passage was stopped by State Police on May 29 at 9:08 p.m. in the Town of Batavia. He was released on an appearance ticket.

Miguel A. Rendon Fuentes, 39, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Fuentes was stopped on May 29 at 12:06 a.m. by State Police, He was released on an appearance ticket.

Brian E. Daggar, 37, of Elba, is charged with DWI and aggravated unlicensed operation 3rd. Daggar was stopped by State Police in the Town of Batavia on May 27 at 12:41 a.m.  He was released on an appearance ticket.

Lavar V. McKnight, 45, of Rochester, is charged with petit larceny and criminal contempt 1st. McKnight was arrested by State Police in connection with an incident reported on May 25 at 9:20 at an unspecified location in the Town of Batavia.  He was ordered held.  No further information released by State Police.

Trinity N. Wright, 20, of Syracuse, is charged with conspiracy 5th, grand larceny 3rd, and criminal possession of stolen property 3rd. Alexis M. Stackhouse, 26, of Syracuse, is charged with conspiracy 5th, reckless endangerment 1st, grand larceny 3rd, and criminal possession of stolen property 3rd. Noemi Morales, 23, of Syracuse, is charged with conspiracy 5th, possession of burglar tools, grand larceny 3rd, and criminal possession of stolen property 3rd. Wright, Stackhouse and Morales were arrested by State Police in connection with an incident reported on May 25 at 12:42 a.m. Both were ordered held in custody.  No further information was released by State Police.

Jamie Lee Broadbent, 40, of West Main Street, Batavia, is charged with grand larceny 4th.  Broadbent is accused of stealing a wallet while at Walmart at 9:02 p.m. on March 20. The wallet reportedly contained cash and multiple credit cards. Broadbent was arrested following an arrest and investigation by Erik Andre. Broadbent was arraigned in Batavia Town Court and ordered to return at a later date.

Adam Daniel Smart, 40, of East Main Street, Batavia, is charged with forgery 2nd, possession of a forged instrument 2nd, criminal possession of stolen property 5th and petit larceny.  Smart is accused of stealing $800 in cash and a black check from a location of Fargo Road on Feb. 14. He is accused of attempting to forge and cash the check on Feb. 16 at the Bank of America in Batavia. Smart was arrested on May 13 and held pending arraignment.

Shawnna Linn Lamont, 33, of Page Road, Perry, is charged with criminal possession of a controlled substance 7th. Lamont was allegedly found in possession of a controlled substance when taken into custody on two warrants at 6 p.m. on May 23 by Deputy Trevor Sherwood.  She was issued an appearance ticket.

Robert Lee Drennen, 41, of Holley Street, Sweden, is charged with harassment 2nd. Drennen is accused of striking another person in the face at the Genesee County Jail on May 16 at 2:30 p.m.  He was arraigned in City Court and ordered to reappear at a later date.

Heather Nicole Holbrook, 38, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 5th and criminal possession of a controlled substance 7th. Holbrook was charged following a traffic stop by Deputy Nicholas Chamoun at 10 p.m. on Dec. 18. Following an investigation, she is accused of possessing 500mg of cocaine and Suboxone. She was arraigned and ordered to reappear.

Margaret Nicole George, 20, and Kristen Dawn George, 26, both of Council House Road, Tonawanda Indian Reservation, are charged with grand larceny 4th. Margaret and Kristen are accused of stealing more than $1,000 from a former employer on Bloomingdale Road on April 8.

Brittany Lynn Bolton, 23, of West Main Street Road, Batavia, is charged with petit larceny. Bolton is accused of stealing $45.32 in merchandise from a store on Veterans Memorial Drive. The Sheriff's Office withheld the name of the store. Bolton was issued an appearance ticket.

Michael E. Loveless, 59, of Imperial Drive, Webster, is charged with grand larceny 4th and unauthorized use of a vehicle 3rd.  Loveless is accused of stealing a gar that was stopped at a gas station in the City of Batavia on May 10 while the owner of the vehicle was inside the store. The vehicle was tracked using a GPS system and located in Lockport. Loveless was allegedly occupying the vehicle when it was located. He was taken into custody by Lockport PD and turned over to Batavia PD.  He was arraigned in City Court and ordered held until his next court appearance. 

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two  City Court bench warrants. The first bench warrant stems from a petit larceny charge at a local convenience store on Nov. 18, 2021.  Holtz was originally arrested on Nov. 27, 2021.  She was issued an appearance ticket.  She was arrested again on Feb 2, 2022, after she allegedly failed to appear in court as ordered. She was arraigned and released. She was arrested gain on May 1, 2022.  She was arraigned and released. She was arrested on Jan. 29.  She was arrested on March 11.  She was then arrested again on May 2 by Officer Megan Crosset and arraigned in City Court. On the second warrant, Holtz was arrested on Nov. 27, 2021, on a petit larceny charge for an alleged theft from a local church. She was arrested again on May 1, and again on Jan. 29, again on March 11, and on May 2.  She was arraigned in City Court. She was ordered to pay 79 cents in restitution and jailed for two months.

Josia G. J. Culver, 18, of Tracy Avenue, Batavia, is charged with criminal mischief 3rd. Culver is accused of damaging an ATM screen at a bank location on Bank Street, Batavia, on May 5. He was arraigned and ordered held without bail pending his next court appearance. 

Alisha A Soule, 26, of Route 237, Stafford, is charged with criminal contempt 2nd. Soule turned herself in to Batavia PD after being accused of contacting a person through a third party in violation of an order of protection. She was released on an appearance ticket.

Ashley Davis, 34, of Walden Creek Drive, Batavia, is charged with harassment 2nd. While in custody, Davis allegedly kicked a police officer. Davis was issued an appearance ticket.

Corey A Brown, 37, of Ellicott Street, Batavia, is charged with harassment 2nd. Brown is accused of hitting another person in the face at a residence on Ellicott Street on May 10. He was arraigned in City Court and released on his own recognizance.

William H Smith Jr., 45, of Bank Street, Batavia, was arrested on a City Court bench warrant. Smith was originally arrested for DWI and other charges on Feb. 7, 2021, and released with traffic tickets.  Smith is accused of failure to appear on the charges and was warranted on a warrant on Nov. 14, 2021.  He was released and ordered to reappear at a later date. He allegedly failed to show up for court, and another warrant was issued. He was arrested on that warrant on May 10 by Officer Kevin Defelice. Smith was arraigned in  City Court and released under supervision.

Krista S. Kiblin, 32, of Mason Avenue, Rochester, was arrested on a City Court bench warrant. Kiblin was originally arrested on Jan. 27 on a charge of petit larceny after she allegedly stole merchandise from a business on East Main Street.  Kiblin was issued an appearance ticket.  After she allegedly failed to appear as ordered, a warrant was issued, and she was arrested on that warrant on May 3 by Officer Richard Messmer. Kiblin was arraigned. Her release status is unknown.

Brittany L. Richway, 32, of Syracuse, and Angel M. Scott, 34, of Batavia, are charged with petit larceny. Richway and Scott are accused of stealing from a location in the Town of Batavia at 7:46 p.m. on May 11. They were arrested by the State Police and released on an appearance ticket.  No further information was released.

Michael R. Vickery, 45, of Lackawanna, is charged with petit larceny. Vickery is accused of stealing from a location in the Town of Batavia at 12:52 p.m. on May 10.  He was arrested by State Police and released on an appearance ticket.  No further information was released.

Daniel Stevens, 49, of Batavia, is charged with petit larceny. Stevens is accused of stealing from a location in the Town of Batavia on May 8 at 9:46 a.m. Stevens was released by State Police and released on an appearance ticket. No further information was released.

Cody Middlebrooks, 32, of Akron, is charged with criminal mischief 4th. Middlebrooks is accused of damaging property in the Town of Alabama on May 9 at 4:15 a.m.  He was arrested by State Police. His release status is unknown. No further information was released.

Tony Robert Graber, 44, of Main Road, Pembroke, is charged with criminal contempt 2nd. Graber is accused of violating a complete stay-away order of protection on May 5 in the Town of Batavia. He was processed at the Genesee County Jail, arraigned, and released on bail.

Brian N. Miles is indicted on counts of attempted forgery in the second degree, a Class E felony, criminal possession of a forged instrument in the second degree, a Class D felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal possession of a controlled substance 7th degree, a Class A misdemeanor. Miles is accused of attempting to fill out JP Morgan check that belonged to another person in order to obtain cash on Nov. 15, 2021,d while at the ESL Federal Credit Union on Veterans Memorial Drive in Batavia. He was allegedly found in possession of a stolen JP Morgan checkbook. On that date, he was allegedly found in possession of cocaine.

Timothy W. Szurgot is indicted on counts of criminal possession of stolen property in the third degree, a Class D felony and criminal impersonation in the second degree, a Class A misdemeanor.  Szurgot was allegedly found in possession of a stolen 2018 Focus on Oct. 25 in the Town of Batavia. He is accused of assuming the identity of another person on Oct. 25 with the intent to defraud another person.

Joseph G. Bauer is indicted on a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony. Bauer is accused of driving drunk while on a suspended license on July 4 in the Town of Darien, on Park Road.

A 62-year-old Batavia man has been arrested by the Sheriff's Office, accused of an ongoing series of sex offenses against a child.

Alvin Ezra Way, of West Main Street, is charged with six counts of predatory sexual abuse against a child, six counts of criminal sexual act in the first degree, and course of sexual conduct against a child.

In New York's penal code, predatory sexual abuse against a child is a Class A-II felony and accused the defendant of being older than 18 years old, and the victim is younger than 13 years old.

If convicted, Way faces 10 to 25 years in prison.

The alleged incidents occurred over multiple years at a residence in the Town of Batavia. 

Way was arraigned in the Central Arraignment Court on Friday and ordered held in custody.

There have been no arrests in a police pursuit that ended in Pavilion on Monday that led to a manhunt in the area of Route 63 and Route 20, according to the Sheriff's Office.

Chief Deputy Joseph Graff said today, in response to questions from The Batavian, that there is an ongoing investigation into a possession of stolen property case.

He said the incident began with a pursuit of a vehicle in Livingston County.

"It was determined to have been stolen from Horseheads," Graff said. "It was occupied by two subjects who fled the scene and were not apprehended despite a search of the area."

According to an NYSP spokesperson, the State Police assisted in the manhunt with a helicopter and drones.

Another spokesperson for the State Police said that two vehicles were reported stolen in Chemung County. 

The Livingston County Sheriff's Office has not responded to a request for more information.

A red vehicle was chased into Pavilion on Monday, with reports at the time saying it was occupied by two black males.

No injuries have been reported in connection with the incident.

"We are continuing to investigate," Graff said.

Press release:

On May 9, the Genesee County 911 Center took a call from a local business that had received a call from what was believed to be a juvenile stating there was a "bomb on a school bus" at a location in the City of Batavia. 

Through the investigation of patrol officers and detectives, it was determined that the call was false and that an eight-year-old child on a bus made the call, knowing it to be false. 

Officers located the school bus in question, which was empty of students at the time. Out of an abundance of caution, the bus was cleared by an NYSP K9 that specializes in explosives detection, and none were found. 

The case has been turned over to the Juvenile Detective for the Department, and no further info is available at this time.

Jacob W. Patterson, 27, of Kilian Road, Pembroke, is charged with criminal possession of a controlled substance, obstructing governmental administration and operating a motor vehicle while impaired by drugs. Patterson was arrested after officers William Yung and John Gombos were dispatched to a gas station on East Main Street on April 24 to check on a report of an intoxicated driver. Patterson allegedly tried to run from officers before being subdued and apprehended.  He was issued an appearance ticket.

Jordan E. Hamilton, 26, of Baker Road, Kent, is charged with tampering with physical evidence and criminal possession of a controlled substance.  Hamilton was reportedly a passenger in a vehicle at a gas station on East Main when Officer William Yung dispatched on April 24 to check on a report of an intoxicated driver. Hamilton was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Tonya Marie Ficarella, 36, of Lovers Lane, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from a store on Veterans Memorial Drive at 1:44 p.m. on May 2. The Sheriff's Office withheld the name and address of the store. Ficarella was issued an appearance ticket. UPDATE: The Sheriff's Office has released that the location was Walmart.

Jaime Leigh Ayala, 43, of Walnut Street, Batavia, is charged with criminal contempt 2nd. Ayala is accused of entering a store where a protected party worked at 8:28 a.m. on May 2. Ayala was released on an appearance ticket.

Jakob Neale Abrams, 18, of Indian Falls Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, driving while using a mobile phone, failure to keep right. Abrams was reportedly involved in a property damage accident at 1:59 a.m. on April 30 on Harper Road, Darien. He was arrested following an investigation by deputies Ayrton Blankenburg and Jeremiah Gechell.

Christopher John Gulczewski, 33, of Thomas Street, Holley, is charged with endangering the welfare of a child. Gulczewski is accused of threatening to kill a mother in front of her children at 3:20 p.m. on May 3 at a location on South Main Street in Elba.  He was held pending arraignment.

Jerrol Paul Newell, 53, of West Main Street, Batavia, is charged with criminal contempt 2nd.  Newell was arrested while incarcerated in Genesee County Jail for an incident reported at 2:29 p.m. on May 2. The nature of his alleged offense was not released by the Sheriff's Office. He was arraigned and remanded back to the custody of the jail.

Auntunez Jaime Antunez, 35, of Dewey Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and speeding. Antunez was stopped at 11:25 p.m. on May 5 by Deputy Ryan Mullen on Route 33 in Batavia. He was issued and appearance ticket.

Danielle Florance Reed, 34, of Standart Woods, Auburn, is charged with felony DWI, felony driving with a BAC of .18 or greater, speeding, failure to dim lights, and moving from lane unsafely. Reed was stopped at 1:50 a.m. on May 7 on Route 20 in Pavilion by Deputy Zachary Hoy.

Casey T. Vaughn, 33,of East Main Street, Batavia, is charged with harassment 2nd, strangulation 2nd, criminal mischief 4th and aggravated family offense. He is also charged with criminal mischief 4th and criminal tampering 3rd. Vaughn allegedly struck another person and broke a mirror on April 28 during a disturbance at a location on East Main Street, Batavia. That same day, while in custody, Vaughn allegedly spit on a wall, floor, bench, and desk in an interview room at the Batavia police station. He is also accused of pulling molding off the wall.  On the first set of charges, he was ordered held on $10,000 bail. On the second set, he was issued an appearance ticket.

Cassandra F. Smith, 37, of Manhattan Avenue, Batavia, was arrested on four warrants issued by Batavia City Court. Smith was first arrested on April 8 on two counts of petit larceny after she allegedly stole property from different yards on Manhattan Avenue. On April 14, Smith allegedly committed criminal tampering and trespass at a residence on Ross Street by being on the property after being trespassed earlier by police and throwing garbage/other items at the residence.  A warrant was requested.  On April 23, Smith allegedly trespassed again at the residence on Ross Street and was captured on Ring cam.  A warrant was requested. 

Tanika N. Avant, 21, of Bank Street, Batavia, is charged with two counts of harassment 2nd and endangering the welfare of a child. Avant is accused of being involved in a disturbance on April 28 at an undisclosed location and engaging in a physical altercation with another person. During the course of the altercation, he allegedly struck a juvenile. He was arraigned in City Court and released.

James T. Hardaway, 39, of Utica Street, Brockport, is charged with speeding, unlicensed operation, and DWI. Hardaway was stopped on April 30 on Clinton Street, Batavia, by Officer Joseph Weglarski. He was released on an appearance ticket.

Misty R. Scutt, 34, of Exchange Street, Attica, is charged with driving while ability impaired by drugs. Scutt was the subject of a traffic stop by Officer Joseph Weglaski on Jan. 28 in the City of Batavia and arrested on April 28 following the return of a lab analysis of a blood sample. She was issued an appearance ticket.

Hunter M. Passage, 22, of Dellinger Avenue, Batavia, is charged with no headlamps, speed in zone, and driving while ability impaired by drugs. Passage was stopped at a gas station on West Main Street, Batavia, by Sgt. Mitch Cowen on April 27. He was issued an appearance ticket.

Before sending him to prison for 10 years, Judge Melissa Lightcap Cianfrini wondered at the criminal history of Arthur Brown, 45, of Le Roy, whom she observed is clearly intelligent, is well-spoken, and knows to advocate for himself.

Why, she wondered, why he keeps engaging in criminal activity when Brown could do so much more with his life.

Brown was sentenced on three separate criminal cases, the most notorious, an incident in September 2021 when he fled from a traffic stop after being seen driving erratically on Route 33 through Bergen and Stafford.  Brown ran into a cornfield, and Deputy Kevin Quackenbush started a foot pursuit but stopped when he apparently saw Brown pull a handgun from his waistband.  Quackenbush retreated, and then there was a loud bang.

Quackenbush reported to dispatch, "shots fired." This was the start of a several-hour, multi-department manhunt that eventually led to the arrest of Brown and the recovery of a handgun.  The loud bangs turned out to be from a wildlife scare cannon.

Brown has consistently maintained that the gun officers found was not his, and on Friday, he accused of Quckenbush of not telling the whole truth about the incident, such as, he said, Brown's DNA wasn't on the gun nor were his fingerprints.

ADA Joseph Robinson noted after Brown's statement that the gun wasn't checked for fingerprints.

After initially indicating he intended to take the charges against him to a jury, in February, he entered guilty pleas to multiple charges, including second-degree attempted criminal possession of a weapon, a Class D violent offense, third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

In arguing for the maximum possible sentence against Brown (the 10 years Cianfrini eventually imposed), Robinson said that Brown's long criminal history and habit of saying things that attempt to explain away or minimize his criminal activity made him a danger to society.

Robinson listed Brown's past criminal activity:

• In 1994, Brown was adjudicated a youthful offender in a criminal case and violated probation within a year.
• In 1995, he was sentenced to a year in jail.
• In 1998, he was sentenced to seven years in prison on a robbery 2nd conviction.
• In 2005, he was convicted of rape 3rd and sentenced to 18 months to three years in prison.
• In 2010 he as conflicted of criminal sale of a controlled substance 4th and sentenced to two years in prison.
• In 2015, he was convicted of two sexual offender registration violations.
• In was released from prison on that conviction in 2021 one, just weeks before the incident on Clinton Street Road.

The plea Brown accepted, Robinson said, satisfied not only the pending charges already filed against Brown but also four ongoing drug dealing investigations being conducted by the Local Drug Task Force that had not yet led to charges.

Robinson said Brown seems to spend more time in prison and free.

"If he's not serving time on a conviction, he's out committing more crimes," Robison said.

Robinson noted that Brown hasn't accepted responsibility for possessing a gun in September, and he said that when Brown was accused of possessing a bag of cocaine, Brown told probation officers during his pre-sentence interview that officers found the bag in a bush and not on his person.  That was an example, Robinson said, of the defendant minimizing his responsibility for his actions. 

Another dealt with Brown's SORA violation.  Brown said, according to Robinson, that he didn't think he needed to register a change of address because he merely moved from one room to another in a hotel complex.  

Defense attorney Joseph Lobosco said his client did accept responsibility for his actions and suggested that Robinson was mischaracterizing Brown's interview with probation officers. He said the interview took hours, and the report didn't include direct quotes from Brown but paraphrases from officers written after the interview.

Brown said it was unfair of the ADA to he didn't accept responsibility for his crimes. 

He said there was the DNA of three other people on the gun but not his.  He also complained that a confidential informant used in the drug sales investigation was facing six criminal charges, which wasn't disclosed, he said. 

"I take responsibility for what I've done, and I don't make excuses," Brown said. "But I don't take responsibility for what I didn't do." 

Cianfrini said she hopes Brown will use his time in prison to better his life, to learn new skills, and reflect on the direction his life has taken.

"You could do something worthwhile with your life," she said.

On the SORA violation, Cianfrini sentenced him to 2 to 4 years in prison. On the attempted criminal possession of a weapon conviction, seven years in prison. On the criminal possession of a controlled substance conviction, 10 years in prison.  All sentences are to be served concurrently.

Previously:

• Le Roy man in 'shots fired' case accepts plea deal
• County ADA offers seven-to-eight-year sentencing deal to LeRoyan facing numerous felony charges
• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

A second trial for a Batavia man accused of firing a shotgun at two people on Elm Street on Aug. 12 will start on Monday.

The first trial of Jeremy Ives began in March and ended in a mistrial. The reason for the mistrial was not discussed in open court on Friday during a hearing held for trial preparation. 

Ives was indicted in September on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. 

Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day.

In January, Ives turned down a plea offer, electing to take his case to trial. ADA Will Zickl said at the time that under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

The main issues discussed on Friday were the testimony of two possible witnesses.

One witness is the person Ives may have purchased the shotgun from.  There is a question about whether the witness can positively identify Ives as the person who bought the gun.  A third party apparently arranged the transaction and handed the seller the money.

"She doesn't have to know his name to know she handed him the gun," Zickl said.

There is also a witness who claims to have heard Ives yelling things in the street outside her residence some three hours after the reported shooting.  Whatever statements she heard are apparently not relevant to the case, but Zickl argued that her testimony will enlighten the jury as to Ives' emotional after the shooting.

Defense attorney Joseph Lobosco argued that the witness was miles away, hours after the event, didn't see Ives while he was yelling, and had no context for what she heard.

Zickl countered that the witness, who apparently knows Ives, can ID Ives by his voice.

Judge Melissa Lightcap Cianfrini ruled that both witnesses can be called during the trial.

Press release:

The Batavia Police Department has charged a 12 and 13-year-old with Making a Terroristic Threat from an incident that occurred on April 20. The juveniles were attending Notre Dame High School and made a phone call to a suicide hotline. 

During the call, a threat to shoot up a school was made, with the addition of it happening immediately. Police officers responded to all schools in the county, placing each school in a "lockout/secure" status. 

During a "lockout/secure," no one is permitted to enter or exit the building, but instruction can continue as normal. On-scene detectives were able to quickly determine that the threat was not credible and all schools were released from the "lockout/secure." 

Additional information can not be released in reference to the case as all juvenile matters are confidential.

Daniel L. Goodell is indicted on two counts of predatory sexual assault against a child, a Class A-II felony. Goodell is accused of committing rape in the first degree and of engaging in sexual intercourse as an adult, with a child of less than 13 years old, in the Town of Alexander sometime between Sept. 6 and Nov. 26, 2010.

Mone N. Wiggins is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, and criminal impersonation in the second degree, a Class A misdemeanor. Wiggins is accused of stealing property valued at more than $1,000 from Ulta Beauty, 4193 Veterans Memorial Drive, Batavia, on Jan. 6.  Wiggins is accused of coordinating the crime with another person. Wiggins is also accused of falsely assuming the identity of another person. 

Angela N. Bennett and Schamya I. Brown are indicted on a count of grand larceny in the fourth degree, a Class E felony. Bennett and Brown are accused of stealing merchandise valued at more than $1,000 from Dick's Sporting Goods, 4180 Veterans Memorial Drive, Batavia, on May 23.

Jacob A. Richards is indicted on counts of grand larceny in the fourth degree, a Class E felony, and of criminal possession of a forged instrument in the second degree, a Class D felony. Richards is accused of stealing property valued at more than $1,000 in the City of Batavia on Oct. 4. He is accused of possessing a forged check from Tonawanda Valley Federal Credit Union.

Lance M. Mercado Sr. is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Mercado is accused of possessing metal knuckles in the Town of Alexander on Dec. 29.

Ethan M. Conrad is indicated on DWI, a Class E felony. Conrad is accused of driving drunk in a 2013 Volkswagon on South Main Street Road, Town of Batavia, on Feb. 16. He was convicted of a previous DWI on April 28, 2021, in the CIty of Batavia.

Jonathan K. Banks is indicted on counts of criminal possession of a controlled substance in the fifth degree, a Class D felony, tampering with physical evidence, a Class E felony, and obstructing governmental administration in the second degree, a Class A misdemeanor. Banks is accused of passing 500 milligrams or more of cocaine while in the City of Batavia on Jan. 31, and attempting to conceal or destroy the evidence.

Jason R. Anderson is indicted on counts of robbery in the first degree, a Class B violent felony, criminal possession of a weapon in the third degree, petit larceny, a Class A misdemeanor, and menacing in the second degree, a Class A misdemeanor. Anderson is accused of stealing by threat of violence with a knife, bedsheets and a bottle from Walmart, 4133 Veterans Memorial Drive, Batavia, on Jan. 23. 

Demetrius W. Richardson is indicted on eight counts of criminal possession of a forged instrument in the first degree, a Class C felony, and one count of petit larceny, a Class A misdemeanor. Richardson is accused of trying to pass two forged $20 bills at Quicklees in the City of Batavia at 1:43 a.m. on Sept. 7., and four more at 4:15 a.m., and again at 4:28 a.m., and at 12:29 a.m. on Sept. 8.

James R. Cooper is indicted on a count of criminal possession of a forged instrument in the first degree, a Class C felony. Cooper is accused of possessing a forged $20 at Crosby's on Clinton Street Road, Batavia, on Dec. 27.

Anthony D. Rossi is indicted on counts of burglary in the third degree, a Class D felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Rossi is accused of knowingly and unlawfully entering a building, a shed on Oak Orchard Road, Elba, with the intent to commit a crime within the structure. He is also accused of possessing cocaine.

Raymond M. Hardy is indicted on counts of attempted grand larceny in the second degree, a Class D felony, and criminal possession of stolen property in the fifth degree, a Class A misdemeanor. Hardy is accused of attempting to steal property valued in excess of $50,000 in the Town of Elba on Sept. 16.  He is accused of possessing a stolen motor vehicle certificate of title. 

Gary E. Jackson is indicted on counts of assault in the second degree, a Class D violent felony, resisting arrest, a Class A misdemeanor, obstructing governmental administration in the second degree, a Class A misdemeanor, and harassment in the second degree. Jackson is accused of causing physical injury to a police officer while resisting arrest in the City of Batavia on Aug. 14.

Shelby L. Hall is indicted on a count of grand larceny in the fourth degree, a Class E felony. Hall is accused of stealing a 2002 Chevrolet Silverado valued at more than $100 in the Town of Le Roy on Aug. 10.

Arthur L. Golden is indicted on a count of bail jumping in the second degree, a Class E felony. Golden is accused of not showing up in court as ordered on a felony charge in July.