crime

A man who stole Nintendo Switch game consoles from Walmart and told employees he had a gun managed to evade law enforcement before officers arrived on scene on Saturday night.

The man smashed the glass of a display case at about 10:26 p.m., according to the Sheriff's Office.

He did not display a weapon while in the store.

The store was evacuated until officers determined the area was safe for customers and employees.

The robber fled in a vehicle. No description was provided of the man or the vehicle.

Deputies, State Police, and Batavia PD conducted a search of the area to try and locate the suspect.  He was not apprehended.

Anyone with information that may assist in the investigation is asked to call (585) 343-5000.

Defense Attorney Michael T. Dwan admitted in County Court Wednesday that after 20 years of practice, he's become pretty cynical, catching clients in lies, and finding out disappointing things he didn't know about them from pre-sentence investigations, but that hasn't been the case with Kaleb Bobzien, he said.

Kaleb, he said, is different. He's smart. He's articulate.  He graduated with honors from Byron-Bergen High School. He was captain of the football team. 

"This kid has a ton of potential," Dwan told Judge Melissa Lightcap Cianfrini. "I think he's a good kid. I think he's going to turn out just fine."

Cianfrini didn't see it that way.  In weighing a potential sentence for Bobzien, the things she needed to look at, she said, were the crimes he admitted to, his criminal history, his past tendency to disobey court orders, and whether he could be dissuaded from repeating his crimes.

In December, Bobzien entered a guilty plea to two misdemeanors – on an Alford basis, meaning he doesn’t admit to the factual assertions of the charges, he just acknowledges the likelihood of conviction at trial  -- to criminal contempt and to an obstruction breathing/blood circulation.

Cianfrini was particularly concerned about the obstruction of breathing charge. He's been charged with that before, and that's the kind of action, she said, that could lead him, even unintentionally, to killing somebody.

"You do need some additional time to sit and think about what you can do to keep this from happening again," Cianfrini said.

On both convictions, she sentenced him to 364 days in jail on each count, with the sentences served concurrently.

After his guilty plea in December, Bobzien and Dwan sat down with The Batavian for an interview in a courthouse meeting room. The most serious allegations against Bobzien -- what is commonly known as statutory rape -- had been dropped.  Even though Bobzien maintained his innocence -- hence the Alford plea -- and Dwan believed his client, it was still Dwan's advice that Bobzien accept the plea offer because of the color of Bobzien's skin.

"Because we walked into this with extraordinarily high risk," Dwan said at the time. "Let's be real, Kaleb is a young black man who is facing sex allegations, so as an attorney, I begged Kaleb to accept the plea that was put before him, not because I don't think that we would have succeeded at trial, but because the risk of going to trial would have been extraordinary."

Today, in court, Dwan explained at length to Cianfrini why he believed his client is innocent.  

On the contempt charges, of disobeying a stay-away order, Dwan said it was his view that the language on the order of protection allowed Bobzien to return to the residence where the teenage girl was living so he could pick up his personal belongings. 

As for the seven counts of rape in the third degree and criminal sexual act in the third degree, those charges wouldn't have stood up because the dates and times conflicted with periods of time when Bobzien was out of the country.  He also said there was sensitive medical evidence that indicated Kaleb didn't have sexual contact with the teenager who made the complaint against Bobzien. 

The victim had been arrested previously on a complaint by Bobzien on a criminal mischief charge. She then told a State Police investigator, Dwan said, "He turned me in to get me arrested. I'm going to put his butt in jail" (or words to that effect, Dwan explained, because he didn't have the exact quote in front of him).

He faulted the State Police investigator for not probing the girl's statements more thoroughly.

"I don't think the investigation was fair," Dwan said. "If it was (the investigator's) son facing these charges, I'm sure he would want the investigator serious, pointed questions put to the victim." 

Dwan said, "the assumption was that the complainant was being honest, and he should have had plenty of reason to believe she was being dishonest.  That assumption colored the entire investigation. That led to very serious charges that were in the media.  If you Google 'Kaleb Bobzien,' the results are not favorable.  That is going to be there forever."

He said at the time of the event that led to the obstruction of breathing charge came up, the complainant and another teenager were living with Bobzien and his child in a tiny apartment that wasn't suitable for them.  Dwan expressed some wonder at the girl's mother allowing her to live there.

"The whole thing didn't make any sense."

On the night of the incident, Bobzien came home from work and found the two girls and the young child in a room filled with marijuana smoke.  That upset Bobzien, and he took away their vape pipes, which they weren't even old enough to possess legally. 

"The girls freaked out," Dwan said.

Bobzien went to bed, but the two girls started going after him. 

"Whether he handled it perfectly or not, I don't know," Dwan said.

"I firmly believe that if this case went to trial, it would have unraveled quickly," Dwan said. "I think any thread you pulled on this sweater, you could have quickly had no sweater."

He said Bobzien does have issues with authority. In that way, he isn't much different from a lot of young men, especially if you consider his background -- he's one of 45 biological children of his father's, and his father was killed by police officers.  Bobzien was adopted as a child by a couple living in Bergen.

Dwan has been mentoring his client, he said. They watched body camera footage of Bobzien's interactions with police officers, and Dwan pointed out all the ways Bobzien mishandled the interaction and how he was disrespectful to the officers. 

"Most of the trouble he's had is because he runs his mouth," Dwan said. "That's not an unusual response for a young man of his age, and in that respect, especially one with his background.  I hope he's learned he needs to be respectful toward authority."

Assistant District Attorney Robert Zickl said he favored the maximum available sentence under the plea bargain -- a year in jail -- because of the seriousness of the charges and because of Bobzien's history of disobeying court orders and previous criminal acts.

Bobzien's statement to the court was filled with thank-yous.

He thanked his family for standing with him. 

"I know it wasn't easy for them to read the things said about me, and yet somehow they still loved me and supported me, and that's what I needed," he said. "When this happened, there were some really dark, dark days.

He thanked his attorney for not only believing in him but "also encouraging me to be a better person.  He has opened my eyes to things." 

He thanked the people of Batavia, whom he said have shown him a lot of support.

He thanked Robert Zickl for his professionalism, both for his willingness to listen and drop the rape charges also for his toughness in upholding the law. 

"I knew if my child was a victim, I would want those accusations to be taken seriously," Bobzien said. "Our only job is to protect kids, protect our future. He made it tough to prove my innocence, but he did the right thing."

He then apologized to one of the court officers.  

At Bobzien's previous appearance, while he was waiting for his case to be called, Bobzien was looking at his phone while another case was proceeding, and the officer told him to put the phone down.  Apparently, Bobzien spoke back to the officer.  An exchange Cianfrini later reprimanded him for.

"I disrespected you last time I was here," Bobzien told the officer. "That wasn't right. I don't want this to be about race, but as a black man doing what you do, I should respect you.  Black excellence is a hard thing to achieve, and I know that is my goal in life."

Previously: Bergen resident feels vindicated, can move forward with life, after felony rape charges dropped

Photo: File photo of attorney Michael T. Dwan and Kaleb Bobzien after Bobzien's court appearance in December. 

Alicia M. Lyons, 43, of Colorado Avenue, Batavia, is charged with resisting arrest. Lyons was taken into custody on multiple warrants on Jan. 11. The first warrant was issued after an arrest on a trespass charge at a local business on May 28, where she was issued an appearance ticket. The second warrant was issued after an alleged trespass arrest at the same business on July 20, where an appearance ticket was issued. The third warrant was issued after another alleged trespass arrest at the same location, also on July 20, and the issuance of an appearance ticket. The fourth warrant was issued after another alleged trespass arrest at the same business on July 24.  Lyons was arraigned in City Court after this arrest and released on her own recognizance. The fifth warrant was issued after Lyons allegedly kicked another person at an apartment complex on East Main Street, and the issuance of an appearance ticket. The sixth warrant was issued after an appearance ticket was issued for an alleged trespass arrest for the same business on Dec. 6. Lyons is accused of failure to appear for all cases. This arrest was conducted by Officer Peter Post. While being taken into custody on these warrants, it is alleged that Lyons resisted arrest.  Lyons was arraigned in City Court and remanded to Genesee County Jail in lieu of $750 bail and scheduled to appear in Batavia City Court on Jan. 19. 

Nasir C. Nathan, 27, of Walnut Street, Batavia, is charged with gang assault 1st. Nathan is accused of participating in a gang assault on Oct. 4, 2019, on Highland Park in Batavia. He was arraigned in City Court and ordered held on bail of $10,000, $20,000 bond, or $40,000 partially secured bond. 

Cordero L. Royes, 35, of Maple Street, Batavia, is charged with harassment 2nd, assault 3rd, Driving While Intoxicated, Aggravated Unlicensed Operation in the First Degree and traffic law violation. Royes is accused of driving drunk on Dec. 31 in the City of Batavia following a traffic stop by Officer Sam Freeman. Also, on Dec. 31, Royes is accused of striking another person in the ribs and face during an argument.  He was arraigned in City Court and held without bail on the DWI charge.  On Jan. 1, Royes is accused of striking another person. He was arraigned in City Court and ordered held on $1 bail.

Alyssa K. Hillman, 29, of Main Street, Corfu, is charged with DWI. See entry below.

Richard W. Reid, 54, of Main Street, Corfu, is charged with DWI, leaving the scene of a motor vehicle accident, and moving from lane unsafely. A hit-and-run accident was reported to Batavia PD on Jan. 2 (location not disclosed). Upon an investigation by Officer John Gombos and Officer and Officer William Yung, it is alleged that Reid was the operator of the vehicle and that he drove away from the scene. It is also alleged that Reid and Alyssa K. Hillman switched seats, and Hillman was driving the vehicle when officers stopped the vehicle on Ellicott Avenue. Reid and Hillman were released on appearance tickets.

Daniel J. Bakowski, 42, of Ellicott Street, Batavia, is charged with assault 3rd, harassment 2nd, endangering the welfare of a child, criminal obstruction of breathing, and criminal mischief to prevent a request for emergency assistance. Bakowski is accused of assaulting another person while children were present on Jan. 18. He was turned over to the Genesee County Jail to await arraignment. The case was investigated by Officer Wesley and Sgt. Mitch Cowen.

Karina M. Treleaven, of Prospect Avenue, Batavia is charged with DWI. Treleaven was stopped in the City of Batavia on Jan. 17 by officers Felica Martinez and Megan Crossett. Treleaven was issued an appearance ticket.  No further details released.

Eric R. Raymond, 52, of Hillside Drive, Batavia, is charged with DWI, drinking alcohol in a motor vehicle, and failed to yield the right of way. Raymond was stopped on Jan. 15 (time not provided) in the City of Batavia (location not provided) by Officer John Gombos. Raymond was allegedly found to have a BAC of .08 or greater.  He was released on an appearance ticket.

Lazeuia D. Washington, 45, of West Main Street, Batavia, is charged with menacing 3rd and harassment 2nd. Washington is accused of being physically aggressive with a roommate in at a rooming house on West Main Street, Batavia, on Jan. 14. He was released following arraignment.

Jason W. Whitehead, 25, and Natalie N Neureuther, 23, both of Bank Street, Batavia, are charged with criminal possession of a controlled substance 7th, criminal use of drug paraphernalia, and act in a manner injurious to an individual under 17 years of age. Whitehead and Neureuther are accused of being in possession of items that were later found to test positive for cocaine. The items were discovered by probation officers and turned over to Batavia PD.  The items were reportedly located immediately in the vicinity of and easily reachable by a child who was present at the time. They were arrested on Jan. 13 and issued appearance tickets.

Anne Marie Boyce, 46, of Woodrow Road, Batavia, is charged with three counts of dog running at large. On Jan 10, police were dispatched to Woodrow Road, Batavia, for a report of a loose dog. On Jan. 11, police received a report of a large dog running loose on Woodrow Road. On Jan. 13, police officers were dispatched to Woodrow Road in Batavia for a report of three loose dogs.  Boyce was issued appearance tickets.

Gabrielle E. Melton, 27, of Walnut Avenue, Batavia, is charged with criminal mischief 3rd. Melton is accused of spray painting another person's vehicle on Summit Street, Batavia, on Aug. 21. She was arrested on Jan. 19. Melton was arraigned in City Court and released on her own recognizance. 

Patrice C. Haight, 60, of Allen Street, Batavia, is charged with DWI and speeding. Haight was stopped on Jan. 7, time unspecified, in the City of Batavia, location unspecified, by Officer John Gombos. Haight was released on an appearance ticket.

Daryl T Stalter, 37, of Brockport Spencerport Road, in Brockport, is charged with DWI, driving with a BACV of .128 or greater, and an open container. Stalter was arrested on Jan. 7, time unspecified, by Officer Joseph Weglarski after officers responded to North Spruce Street and Eleanor Place on a disturbance call. Stalter was released on an appearance ticket.

Ballard P. Maye, 36, of Swan Steet, Batavia, is charged with endangering the welfare of a child, criminal mischief and harassment 2nd. Maye is accused of being involved in a disturbance at a residence on Swan Street, Batavia, on Dec. 31. Maye was arraigned in City Court and released.

Timmy J. Frazier, 65, of Main Street, Batavia, was arrested on two warrants from Batavia City Court. On Jan. 5, Frazier was arrested on two warrants out of City Court.  The first warrant stems from an incident reported on Jan. 10 at a business on Main Street, resulting in trespass, resisting arrest and obstructing governmental administration charges against Fraizer. Frazier was issued an appearance ticket.  The second warrant stems from an incident on East Main Street on Aug. 8 in Batavia, that resulted in a trespass charge.  An appearance ticket was also issued in that case.  Frazier was arraigned in City Court on both warrants and remanded to the Genesee County Jail in lieu of $500 bail, $1,000 bond, or $3,000 partially secured bond.

Zachary J Sauberan, 27, of 2nd Street, Dunkirk, is charged with harassment  2nd. Sauberan is accused of being involved in a physical confrontation on Bank Street in Batavia on Jan. 4. He was released on an appearance ticket.

Aaron T Hendershot, 26, of Ellicott Street, Batavia, is charged with failure to appear. On Jan. 3, Hendershot was arrested on two warrants out of City Court.  One warrant was issued after an alleged failure to appear on a charge of criminal contempt 2nd stemming from an incident on Oct. 10 at a residence on Washington Avenue in Batavia.  The second warrant was issued for an alleged failure to appear on charges of criminal contempt 2nd and criminal trespass, stemming from an incident that occurred on Sept. 11 at a residence on Washington Avenue in Batavia.  Hendershot was arraigned in City Court and held on bail of $2,500,  $5,000 bond, or $10,000 partially secured bond.  

David A Kendall, 50, of Bank Street, Batavia, is charged with stalking 4th. Kendall is accused of following another motorist to a residence where he engaged in a verbal dispute on Jan. 2. Kendall was issued an appearance ticket.

Olivia J. Patten, 25, of North Main Street, Oakfield, is charged with theft of services. Patten is accused of leaving a local business on Jan. 2 without paying for services. Patten was arraigned in City Court and released.

Michael W. Flint, 23, of Spring Street, Mount Morris, is charged with failure to appear. On Jan. 1, Flint was arrested on a warrant issued by City Court for an alleged failure to appear on a charge of criminal contempt 2nd.  Flint was arraigned in Centralized Arraignment Part Court and released on his own recognizance. 

Billy Joe Budziszewski, 31, is charged with trespass and obstruction of governmental administration. Budziszewski is accused of refusing to leave a local business after repeated requests. He is accused of fighting with officers Sam Freeman and Adam Tucker during his arrest. He was issued an appearance ticket.

Julie R. Richardson, 32, and Jarrod K. Fotiathis, 28, no permanent address, are charged with criminal trespass 3rd. Richardson and Fotiathis were allegedly found inside a building in the City of Batavia they did not have permission to be in. They were released on an appearance ticket.

Jamie L Broadbent, of Walnut Street, Batavia, is charged with criminal trespass 2nd. Broadbent was allegedly found in a residence on Dec. 30 that he was not allowed to enter. He was arraigned in City Court and released.

Mark A. Remington, 48, of West Main Street, Batavia, is charged with sex offender failure to report an address change. Remington was arrested on Dec. 29 for allegedly failing to register a change of address as a registered sex offender. He was arraigned in City Court and released on his own recognizance. 

Michael R. Ostrander, 58, of East Main Street, Batavia, is charged with criminal contempt 2nd. The criminal contempt charge stems from an arrest on July 25. Ostrander is accused of failing to appear in court on the charge, and he was arrested on a warrant by Officer Kevin Defelice. He was arraigned in City Court and released under supervision. 

Robert D Griffin, 44, of State Street, Batavia, is charged with criminal contempt 2nd and aggravated family offense (more than one offense within five years). Griffen was arrested on Jan. 19 in connection with an incident and held in the Genesee County Jail awaiting arraignment. No further details released. Griffin was also arrested on Jan. 23 and charged with criminal contempt 1st for allegedly violating a stay-away order of protection. He was held pending arraignment.

Joseph C Jeffords, 31, of Chestnut Street, Batavia, is charged with unauthorized use of a motor vehicle. Jeffords is accused of using a friend's vehicle to go to Rochester and then not returning it. He was issued an appearance ticket. He was arrested on Jan. 23.

Anthony L Vanelli, 45, of Federal Drive, Batavia, is charged with not appearing on a petit larceny charge. Vanelli was arrested on Jan. 23 on a warrant. He is accused of stealing a KitKat candy bar and Nitro Pepsi from a local business on May 2. He was arraigned in City Court and ordered held on $1 bail.

Robert A Shuttleworth, 64, of Gaslight Lane, Batavia, is charged with operating a motor vehicle with suspended registration, aggravated unlicensed operation 2nd, operating a motor vehicle without insurance, and operating a motor vehicle by an unlicensed driver. Shuttleworth was stopped by Officer Andrew Mruczek on Jan. 20 at an undisclosed location in Batavia. He was ordered to appear in City Court on Feb. 14.

Shelby L Fryer, 27, of Prune Street, Batavia, is charged with DWI, Driving with a BAC of .08 or greater, and unlicensed driver. Fryer was arrested on a warrant related to the charges. Fryer was originally arrested on Oct. 17. He was held for arraignment.

Jessica B Saeli, 33, of Morse Place, Batavia, is charged with criminal contempt 1st, assault 3rd, and unlawful imprisonment 2nd. Saeli was arrested on Jan. 18 on a warrant stemming from an incident reported on Sept. 19 that led to her arrest then. She was arraigned and released under supervision.

Adam M White, 36, of North Lyon Street, Batavia, is charged with DWI and equipment violations. White was stopped on Jan. 15, time of day not released, at an undisclosed location in Batavia by Officer Joseph Weglarski. White was held pending arraignment.

Dustin T Forkell, 31, of Hulberton Road, Holley, is charged with criminal possession of stolen property 4th. Forkell is accused of being in possession of a stolen motor vehicle on Jan. 21. Forkell was held pending arraignment.

Bradley R Jordan, 30, of Liberty Street, Batavia, is charged with endangering the welfare of a child, criminal mischief 4th, and aggravated family offense. Jordan is accused of being involved in a disturbance on Jan. 20. He was held pending arraignment.

Alan Jon Borlaug Jr., 27, of Rochester, is charged with DWI, driving with a BAC of .18 or greater, and no or inadequate plate lamp. Borlaug was stopped at 1:39 a.m., Jan. 22, on Clinton Street Road, Byron by Deputy Carlos Ortiz Speed. He was issued an appearance ticket.

Brian Eric Daggar, 37, of Oak Orchard Road, Elba, is charged with petit larceny. Dagger is accused of shoplifting from an undisclosed store in Batavia Town Center. He was released on an appearance ticket.

Marquis K. Saddler, 32, of Post Avenue, Rochester, and Kara B. Sass, 28, of West Main Street, Batavia, are charged with criminal possession of a controlled substance 7th and criminally using drug paraphernalia 2nd. Saddler and Sass were arrested on Jan. 26 at 5:30 p.m. following a traffic stop on West Main Street by Deputy Nicholas Charmoun. Saddler and Sass are accused of possessing illegal narcotics and associated paraphernalia inside the vehicle while deputies were assisting NYS Parole. They were issued appearance tickets.

Jodi Melody Flow, 36, of Rochester, is charged with criminal possession of a controlled substance 7th, traffic device violation, illegal signal with 100 feet, and tampering with physical evidence. Flow was subject to a traffic stop at 1:49 a.m. Jan. 29, on East Main Street, Batavia, by Deputy Jeremiah Gechell. During the stop, Gechell requested the assistance of Deputy James Stack and K-9 Rayzor. Rayzor reportedly alerted on the vehicle signaling the presence of narcotics. Following a search, she was allegedly found in possession of a controlled substance. Flow was released on an appearance ticket.

Margaret Angela Miles, 57, of West Main Street, Batavia, is charged with petit larceny, obstructing governmental administration 2nd, and resisting arrest. Miles was arrested on West Main Street, Batavia, on Jan. 29, at 1:51 p.m., by deputies Alexander Hadsall and Michael Lute. No further details released.

Richard M. Schiersing, 47, of Scottsville, is charged with criminal trespass 3rd. Schiersing was arrested by Le Roy PD at about 12:30 a.m. on Jan. 30 after police were dispatched to an address on East Main Road in the Town of Le Roy for a report of an unknown person within the fenced yard of a residence. Schiersing was reportedly located hiding under a trailer on the caller's property. He was taken into custody without incident. Schiersing was released on an appearance ticket. Anybody with additional information is asked to call Officer C.J. Miller at (585) 345-6350 or email info@leroypolice.org

Logan M. White, 29, of Batavia, is charged with welfare fraud 3rd. White was arrested by State Police in Albion on Jan. 27 and released on an appearance ticket. No further information released.

Joshua D. Eveland, 38, of Rochester, is charged with DWI and driving under the influence of drugs. Eveland was stopped by State Police at 12:42 a.m. on Jan. 29 in the Town of Batavia. he was released on an appearance ticket.

Jason R. Clark, who had been at St. Paul Lutheran as a teacher since 2002 and became principal in 2019, was arraigned in County Court before Judge Thomas D. Williams Monday. He pleaded not guilty to the charges of engaging in two or more acts of sexual conduct spanning three years with a child less than 11 years old.

One count allegedly occurred on or about and after Labor Day 2014 to mid-June 2015 in the City of Batavia over a period of time and less than three months in duration, the DA’s Office said.

The second count allegedly occurred on or about and after Labor Day 2015 to mid-June 2016 in the City of Batavia over a period of time not less than three months in duration.

Clark was released on his own recognizance and is to appear at 10:30 a.m. on March 27.

Christopher R. Scinta is indicted on counts of manslaughter in the second degree, a Class C felony, leaving the scene of a property damage accident, a Class C felony, reckless driving, a Class A misdemeanor, criminal mischief in the fourth degree, a Class A misdemeanor, two counts of obstructing governmental administration, a Class A misdemeanor, obstructing emergency medical personal, a Class misdemeanor, and speeding, a violation. Scinta is accused of causing the death of Jasmyne Rubel at the roundabout in the City of Batavia on Nov. 4. He is accused of leaving the scene of a personal injury accident without notifying police of the accident. He is accused of driving a 2006 Kawasaki in a reckless manner. He's accused of intentionally damaging window blinds in interview room #2 at the Batavia Police Department. He is accused of attempting to interfere with a government official's lawful duty. He is accused of interfering with the medical treatment of Jasmyne Rubel by a qualified first responder. 

Cindy L. Bush is indicted on a felony count of DWI and of aggravated unlicensed operation. Bush is accused of driving drunk on April 24 in the City of Batavia on Ross Street in a 2004 Chevrolet. The indictment alleges a prior conviction within the past 10 years for DWI in February 2015 in the City of Batavia.

David J. Leroy is indicted on a count of criminal possession of a weapon 3rd, a Class D felony. Leroy is accused of knowingly possessing a switchblade knife in the Town of Pembroke on July 25.

Geovanny Lopez is indicated a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony, and circumventing an interlock device, a Class A misdemeanor. Lopez is accused of driving a 2009 Ford on the I-490 on Aug. 4 in the Town of Le Roy. The indictment alleges that Lopez was convicted of DWI with the past 10 years, on Dec. 12, 2016, in Yonkers.

Shannon L. Marvin is indicted on a count of grand larceny in the fourth degree, a Class E felony. Marvin is accused of stealing a Discover card belonging to another person in the Town of Bergen during the month of October in 2021.

A Corfu woman will serve a year of federal probation after admitting to knowingly participating in a fraud scheme perpetrated by an Internet contact who claimed to represent an orphanage in Africa.

Julie Keller, 57, according to the U.S. Attorney's Office, was contacted by an "Eric Holder" in December 2014, who claimed to be raising money for an orphanage in Africa. 

Starting in July 2015 and until September 2020, Keller received money from numerous people who thought they were contributing to the orphanage project.

Keller raised $182,730.76 from the victims.

She deposited the money in bank accounts that she owned and controlled at First Niagara Bank, M&T Bank, KeyBank, and Bank of America before dispersing funds to other banks outside the United States.

During the course of the scheme, each of the banks closed Keller’s accounts, advising her that the accounts were closed due to suspicious and fraudulent activity.

Even though Keller realized during the course of the scheme that she was receiving funds from donors under false pretenses, according to the U.S. Attorney's Office, she "consciously avoided learning the truth, and continued to deposit funds into her accounts from victims."

It's unclear from the U.S. Attorney's Office statement if Keller kept any of the funds for her own personal gain.

She was ordered to pay restitution of $162,853.59 by U.S. District Judge John L. Sinatra, Jr.

Jeremy G. Ives, accused of firing a shotgun and injuring two people on Elm Street last August, maintains his innocence, said his attorney, Joseph Lobosco, after a hearing where Ives rejected a plea offer from the District Attorney's Office.

ADA Will Zickl said 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.

In September, a grand jury indicted Ives on 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.

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

Today was the plea cutoff date, the date a defendant can accept a negotiated plea offer. In Genesee County, when a defendant rejects a plea offer on the cutoff day, the case is scheduled to go to trial, and the defendant is unlikely to get a second chance to accept the offer.

Judge Melissa Lightcap Cianfrini scheduled jury selection to start March 20, with a week-long trial expected.

She will hear pre-trial motions on Feb. 15.

The trial was originally scheduled to start two weeks earlier, but the DA requested a DNA sample from Ives, which he provided.

Citing the likely delay while the attorneys await lab results and the subsequent investigation of those results, Lobosco petitioned the court to reduce his client's bail.  It's currently $100,000 cash, $200,000 bond, or $500,000 partially secured bond.

He said that the trial is likely to be delayed further because once the DA's office receives the DNA results, the defense has 30 days to have a DNA expert review the report, and if that expert disagrees with the findings of the people's expert, the DA has 30 days to review those findings, meaning the trial could be pushed back, up to 60 days more.

Zickl opposed modifying the securing order since a two-week delay is minimal.  

Cianfrini denied the motion, but "without prejudice," meaning if it looks like the DNA results report could lead to further delays in the trial, Lobosco can make a new petition to the court for a bail reduction.

Ronald M. Washburn is indicted on a count of sexual abuse in the first degree, a Class D violent felony, and one count of course of sexual conduct against a child, a Class D felony. Washburn is accused of sexual contact a child less than 11 years old in the City of Batavia at least two or more with between February 2018 and April 2018.

Donald A. Dylag, Jr. is indicated on one count of assault in the second degree, a Class D violent felony. Dylag is accused of, with intent, causing serious physical injury to a person in Pembroke on Aug. 9.

Cory Bernard Buckenmeyer, 32, of Alexander Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater, unreasonable speed, driving left of pavement marks, and driving while using a mobile phone. Buckenmeyer was reportedly involved in a motor vehicle accident on Jan. 20 at 10:01 p.m. on Creek Road, Bethany.  The incident was investigated by Deputy Zachary Hoy and Deputy Nicholas Chamoun. Buckenmeyer was released on an appearance ticket.

Michele Louise Difalco, 34, of Maple Street Road, Alabama, is charged with driving while ability impaired by drugs, moving from lane unsafely, and leaving the scene of a property damage accident. Difalco is accused of being involved in a property damage accident while on drugs on Nov. 11 at 11:08 p.m. on Judge Road in Alabama.  The incident was investigated by Deputy James Stack and Deputy Austin Heberlein. Difalco was released on an appearance ticket.

Ronald Charles Inzinna, 54, of East Main Road, Le Roy, is charged with criminal contempt 2nd. Inzinna is accused of violating a stay-away order of protection at 4 p.m. on Jan. 19 in the Town of Le Roy. He was issued an appearance ticket.

Two weeks after accepting a plea offer on a rape charge, an Erie County man already serving 13 years in federal prison on related charges was sentenced in County Court today to four years in prison.

The sentence for Nicholas Turnquist, 37, will run concurrent to his federal term as well as a related four-year term out of Erie County.

Neither Assistant District Attorney Will Zickl nor the defense attorney, Joseph Lobosco, made any argument regarding a potential sentence before Judge Melissa Lightcap Cianfrini issued her ruling.

Turnquist didn't make a statement in court and the victim in the case declined to make a statement because she's spoken at previous hearings about the impact of Turnquist's crimes on her life.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

The only real discussion in court today was about a request by Turnquist that Cianfrini order the Sheriff's Office to hold him in Genesee County, instead of returning him to Alleghany County until he's returned to custody in Buffalo. 

Lobosco said his client told him that he's taking several medications. When he gets transferred from one jail or prison facility to another, the administration of his medication gets disrupted, and he wants to keep taking his medication. Cianfrini said she didn't have the authority to order the Sheriff or the U.S. Marshalls on transportation and housing, but she said it was her understanding that the Marshalls were going to pick Turnquist up in Genesee County to return him to federal custody.

For the second-straight scheduled court appearance, and the fourth time since her arrest, Cassandra Elmore was a no-show in City Court on Friday afternoon.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June.

The 30-year-old Batavia woman did make her way to the courthouse building today but disappeared shortly after speaking with her defense attorney, Assistant Public Defender Jamie B. Welch.

A warrant will be issued for her arrest at 2 p.m. on Monday if she doesn't appear in court before then.

A similar warrant -- with a 48-hour stay -- was issued after she failed to appear on Dec. 16. There was never a press release about her arrest on the warrant, but her name did appear on the court calendar for today's appearance.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Elmore has promised that once her legal case is resolved, we will get "the real case."

A hearing on motions in the case was scheduled at her last appearance.  

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Since her initial arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out
• Owner in dog OD case willing to discuss future of her dog while criminal case is pending

• Elmore misses another court appearance while Oddey remains at shelter

Scott F. McColl is indicted on one count of felony DWI. McColl is accused of driving drunk on Summit Street Road in the Town of Pavilion on a 2006 Harley-Davidson motorcycle on July 14. He was convicted of misdemeanor DWI on Nov. 3, 2014.

John Sumlin, III is indicted on one count of criminal contempt in the first degree, a Class E felony. Sumlin is accused of violating an order of protection on or about Oct. 25 and 26 in the City of Batavia. He is accused of repeatedly making telephone calls to the person he was ordered not to contact.

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Mone N. Wiggins, 24, of Dana Street, Rochester, is charged with grand larceny 4th, conspiracy 5th, and criminal impersonation. Yathil Karis K. Lay-Rivera, 24, of Grand Avenue, Rochester, is charged with grand larceny 4th and conspiracy 5th.  Aniyah E. Kendrick, 18, of Sullivan Street, Rochester, is charged with conspiracy 5th.  On. Jan. 6, Sheriff's deputies responded to Ulta Beauty in Batavia Towne Center after receiving a report of a larceny in progress. When officers arrived, Wiggins, Lay-Rivera, and Kendrick were allegedly seen walking to a vehicle with "bags full of stolen items." The three were taken into custody and issued appearance tickets. Assisting in the investigation were Deputy Morgan Ewert, Deputy Nicholas Chamoun, and Deputy Jacob Kipler.

Joe Andrew Cortez, 40, no permanent address, is charged with rape 1st and rape 3rd. Cortez is accused of forcing a person under the age of 17 to have sexual intercourse on Sept. 20 at 3 p.m. at a location on Lewiston Road, Batavia. Cortez was arrested on Jan. 6 and ordered held in the Genesee County Jail.

Tommy Lee Mobley III, of Main Street, Le Roy, is charged with attempted criminal possession of a weapon 4th. Mobley is accused of attempting to purchase a firearm from a business on West Main Street, Batavia, on Sept. 27 at 9 a.m., while being a person prohibited by law from making a firearm purchase. Mobley was taken into custody on Jan. 6, processed at the Genesee County Jail, and released on an appearance ticket.

Vicki Lee Showler, 51, of Lewiston Road, Alabama, is charged with petit larceny. Showler is accused of shoplifting at the Dollar General store on North Main Street, Oakfield, on Jan. 4 at 8:24 p.m. Showler was processed at the Genesee County Jail and released.

Tatiana Makarevic, 55, of Maple Road, Alabama, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely.  Deputy Jacob Kipler and Deputy Jeremiah Gechell responded to a report of an erratic driver on Route 77 in the Town of Pembroke on Dec. 15 at 8:48 p.m. Makarevic was taken into custody and processed at the Genesee County Jail. She was released on appearance tickets.

Jocolby Sherod Wallace, 34, of Bryan Street, Rochester, is charged with criminal possession of a weapon 4th, aggravated unlicensed operation 3rd, and uninspected motor vehicle. Wallace was stopped on Jan. 6 at 8:52 p.m. on Route 33 in Byron by Deputy David Moore. During the traffic stop, Wallace was allegedly found in possession of a stun gun while being previously convicted of a crime. He was arraigned and ordered held without bail.

Theresa Lorraine Fisher, 34, of Royal Parkway, South Lockport, is charged with driving while ability impaired by drugs and aggravated unlicensed operation 2nd. Fisher was stopped on Jan. 1 at 5:45 p.m. on Route 77 in Pembroke by Deputy Morgan Ewert. She was issued an appearance ticket.

Shane M. Vaname is indicted on counts of rape in the first degree, a Class B violent felony, sexual abuse in the first degree, a Class D violent felony, and rape in the third degree, a Class E felony. Vaname is accused of having sexual intercourse with another person by forcible compulsion on Dec. 10 at a location in the Town of Le Roy. He is accused of subjecting another person to sexual contact by forcible compulsion. He is accused of having sexual intercourse with a person who was incapable of giving consent.

Stephen E. Pike is indicted on counts of strangulation in the second degree, a Class D violent felony, criminal mischief in the fourth degree, a Class A misdemeanor,  and assault in the third degree, a Class A misdemeanor. Pike is accused of impeding the normal breathing or blood circulation of another person by applying pressure to the person's throat, thereby causing stupor or loss of consciousness at a location in the City of Batavia on Aug. 6, and that he intended to cause physical injury to another person. He is also accused of damaging a window at a property on Liberty Street, Batavia on Aug. 6. 

Jamie A. Dutton is indicted on three counts of burglary in the third degree, a Class D felony, and three counts of petit larceny, a Class A misdemeanor. Dutton is accused of entering Walmart on Aug. 3, Aug. 14, and Aug. 18 with the intent to commit a crime once inside. He is accused of stealing bicycles on Aug. 3 and Aug. 14. He is accused of stealing two wireless keyboards on Aug. 18.

Benjamin D. Seekins is indicted on a count of DWI, a Class E felony. Seekins is accused of being drunk at the time he was driving a 2011 Kia on July 12 on Route 5 in the Town of Batavia. He is accused of driving drunk within 10 years of a prior DWI conviction.

A Batavia man accused of letting his wife die of a drug overdose on New Year's Eve 2021 was sentenced to 2 1/3 to seven years on his manslaughter conviction on Monday.

Makeen Ithna-Asheri, 62, was charged after Anda Ithna-Asheri, 61, was found dead in their apartment at Northside Meadows.

She died of an overdose and Ithna-Asheri did not provide aid.

Their children, ages seven and 10, were present at the time of their mother's death.

District Attorney Kevin Finnell said the sentence was in accordance with a plea deal that was made with Ithna-Asheri in order to spare the children the hardship of testifying at trial.

A 37-year-old man who once lived in Wyoming County and Erie County, and is already facing 13 years in federal prison on a sex crimes conviction, admitted on Friday in County Court to a rape at Darien Lake Theme Park in 2014.

Nicholas Brian Turnquist, who came into court in an orange Alleghany County Jail jumpsuit, accepted a plea offer that doesn't limit his potential prison sentence on the rape in the third-degree conviction but will allow him to serve the sentence at the same time he serves his sentence in federal prison.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

He was also charged with predatory sexual assault of a child and second-degree rape in Wyoming County.  That case went to trial, but the charges were dismissed halfway through the trial based on conflicting statements made by the victim during her testimony.  The statements related to the timeline of events, which had bearing on her age -- and hence the nature of the criminal charges under New York's penal code -- at the time of the rapes.

The course of rapes involving a single victim started in 2012, when the victim was 14, according to prosecutors, and continue for at least two more years.

Turnquist was sentenced in federal court in November following his conviction for transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity.  He will be on parole for 15 years following his federal prison term.

Robert L. Williams, found guilty in a jury trial of animal cruelty, will spend six months in jail followed by five years on probation, and during that time, he is to have no contact whatsoever with any animal, Judge Melissa Lightcap Cianfrini ruled on Friday.

"You, sir, are in need of significant supervision," Cianfrini said. "I don't trust you around animals." 

She told him, "no dog sitting" and that he wasn't even to go over to a neighbor's house "to pet the dogs."

The evidence presented at trial, recounted during Friday's hearing, is that Williams was at another person's house, and there were two dogs in crates there, and Williams poured bleach into the eyes of the dogs. 

Both dogs required medical treatment, and both dogs fully recovered, though Assistant District Attorney Robert Zickl noted, "there's no vision test for a dog."

Williams was convicted under New York's Ags and Market Law, and while the counts are felonies, the maximum sentence on each count is two years.  The terms could have been served consecutively.

Cianfrini said she struggled with the decision because what Williams did was reprehensible.  However, in another pending case, where dogs were left in cages to potentially die -- and one of them had to be euthanized -- the defendants accepted plea offers that could mean they avoid any jail time.

The sentence Cianfrini handed down, she said, "significantly punishes you and ensures society that you're not going to be around animals and will not own animals and not have contact with animals for a long time."

The dogs belonged to the girlfriend of a person Williams was living with at the time of the incident.  Williams paid $158 in restitution for veterinary bills.

Cianfrini also ordered Williams to undergo a mental health evaluation and abide by any recommendations for treatment.

Any deviation by Williams from the term of his probation, Cianfrini said, would carry harsh consequences.

Zickl argued for the maximum jail term -- and even though animal cruelty is a felony and carries a maximum of more than a year, the sentence cannot be served in prison -- because of the depraved nature of the crime. 

"His conduct was absolutely pointless and cruel," Zickl said.

Zickl said there is an incident report filed by Le Roy PD prior to this incident that also contained an allegation that Williams poured bleach into a dog's eyes.  In that case, the owner declined prosecution once the dog quickly recovered.

The ADA said Williams should be removed from the community for as long as possible.

Fred Rarick, representing Williams, called the Le Roy report "hearsay" and encouraged Cianfrini not to consider it in her decision.

He provided Cianfrini with about a dozen letters from community members in support of Williams that described Williams as a good person who treated animals well (which led to Zickl, when he next got an opportunity to speak, to say that if the Le Roy report was hearsay, so were the letters).

Rarick said his client, "accepts the verdict of the jury though he respectfully disagrees with the verdict," and while not discounting the harm done to the dogs, they did recover. 

His client, he said, sought a probationary sentence because he loves his daughter dearly and wants to be able to care for her.

"Given the opportunity, he has shown he has the ability to comply with any court orders," Rarick said. "The record shows he will do so and that he is an asset to other people."

When Williams addressed the court, he "respectfully" requested to be placed on probation, noting that he had no other criminal history, no domestic violence charges, that he's abided by the terms of court orders during his divorce proceedings, and that he wants to be able to continue to work so he can take care of his daughter.

At the end of the hearing, Williams was handcuffed and taken to the Genesee County Jail to begin his six-month term.

Raul S. Cruz is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, and one count of promoting prison contraband in the second degree, a Class A misdemeanor. Cruz is accused of possessing dangerous prison contraband, a shank, while incarcerated at the Genesee County Jail on Oct.  14.  He is also accused of a long plastic housing for a Bic-type pen.

name redacted upon request is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony, and DWI. Klauck is accused of driving a 2001 Toyota on July 31 in the Town of Stafford while holding a conditional license. She is accused of being intoxicated while driving.

Press release:

The Batavia Police Department has recently been investigating a plethora of larcenies from vehicles in the city.

These thefts have been occurring mainly in the overnight hours, and from (unfortunately) unlocked motor vehicles.

Patrols remain vigilant in the overnight hours, and we are asking for assistance from the public to reduce these incidents.

Please remember:

• ALWAYS lock your car doors.
• Leave exterior lighting on if possible.
• ALWAYS lock your car doors.
• Remove valuables from your vehicle.
• ALWAYS lock your car doors.

Theft prevention starts with you, and it begins before you even leave your vehicle.

As always, if you notice anything suspicious around your property, please do not hesitate to contact the police department at (585) 345-6350.