crime

Members of the Local Drug Task Force say they observed a possible drug transaction in the City of Batavia so they conducted a traffic stop on a vehicle driven by the man they suspected of dealing drugs.

Stopped was Leonard E. "LB" Aguayo, 30, of Affinity Lane, Rochester.

Investigators say they found Aguayo in possession of more than a half-ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

Aguayo was also allegedly driving on a suspended driver's license.

He was charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana and aggravated unlicensed operation.

Other charges may be forthcoming.

He was arraigned in City Court and jailed without bail.

Officers with Batavia PD assisted in the arrest.

The 25-year-old mother who left her twin sons home alone in their State Street home the night of May 20 when a fire broke out taking their lives entered a guilty plea in Batavia Town Court today to a single count of endangering the welfare of a child.

Michael and Micah Gard were left alone while Heather Ace went out to meet with friends and by her own statement later to police took the opportunity to smoke marijuana and drink an alcoholic beverage.

Her mother called her frantically that night to tell her about the fire and Ace rushed home in hysterics, according to reports.

With her guilty plea, Ace faces a sentence of either probation or a year in jail.

Via our news partner WBTA.

Photo submitted by the New York State Police

Nicholas Price, 29, of Batavia, was arrested in connection with a hit-and-run accident that happened Jan. 27 in the Town of Bennington.

According to the original report, around 11:50 a.m. a black Hyundai Accent was traveling eastbound when it went off the road on Route 354 in the Hamlet of Cowlesville. 

The car was said to have struck a mailbox, then a red GMC Sierra pickup truck before coming to rest against a tree. 

The driver is accused of fleeing the scene and driving the Hyundai eastbound with extensive damage to the front end.

On Feb. 17, New York State Troopers responded to a medical call on Halstead Road in the Town of Batavia. While at the scene, troopers say they saw a black Hyundai Accent with front end damage similar to what was reported in the Cowlesville incident. 

Upon further investigation, and evidence collected from the scene, officers say they were able to match the suspect vehicle to the original accident.

Subsequently, Price was charged Feb. 24 with: criminal mischief in the fourth degree;leaving the scene of property damage accident; reckless driving; moving from lane unsafely; and driving across hazard markings.

He is due in the Town of Bennington Court sometime in March.

See related: Police seeking information in hit and run collision in Cowlesville

On Jan. 10, the 37-year-old Batavia man was found guilty on drug charges following a three-day jury trial in Wyoming County Court. 

On Feb. 23, he was sentenced to a determinate sentence of 10 years in prison with one-and-one-half years of post-release supervision on each count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, to run concurrently.

On Jan. 14, 2016, Broadbent possessed and sold 13 bags of heroin laced with the horse tranquilizer Xylaxine to a confidential informant in the Village of Perry. 

He was arrested in June on those charges during the Wyoming County Drug Task Force Operation Spring Sweep. 

According to District Attorney Donald O’Geen, prior to his sentencing last week he admitted that he should be sentenced as a second felony drug offender with a prior violent felony conviction. 

In 2012, Broadbent was indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree, and petit larceny. 

In February last year he was charged with false personation, criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia and possession of hypodermic needles, following a traffic stop on Route 33, Stafford.

In addition to his charges in Wyoming County, he was also arrested in June by the Genesee County Local Drug Enforcement Task Force on charges stemming from an April 24 incident in the Genesee County Jail.

“Heroin is an extremely dangerous drug that is highly addictive,” O’Geen said. “This case demonstrates how dangerous heroin is. To sell heroin, let alone lace it with a horse tranquilizer is reckless.

“On a weekly basis our office sees the devastating effects of heroin on our community. The sentence handed down today sends a clear message that those defendants that deal heroin and prey on people’s addictions will be brought to justice and held accountable.”

See related: Drug dealer found guilty of selling heroin laced with a horse tranquilizer

Nicholas Anthony Esposito, 31, of North Street Road, Le Roy, is charged with criminal mischief, 3rd, menacing and harassment, 2nd. Esposito was reportedly involved in an incident at 2:55 p.m. Friday in the parking lot of Walmart where he allegedly damaged the property of another person, struck the owner of that vehicle with a closed fist and placed a woman in the vehicle in fear of physical injury.

Tomy Lee Velasquez, 24, of Fisher Road, Warsaw, is charged with obstructing governmental administration, 2nd, false personation, aggravated unlicensed operation, 2nd, and rental vehicle without an ignition interlock device, and loud muffler. Velasquez was stopped Feb. 20 for an alleged traffic violation by Le Roy PD.

Cassy Drury, 23, of Myrtle Street, Le Roy, is charged with two counts of rape, 3rd. Drury, being a person over 21, allegedly had sexual intercourse with a person under 17 years old between Jan. 16 and Feb. 20. She was released under supervision of Genesee Justice.

Douglas Edward Artman, 26, of Alleghany Road, Darien, is charged with unlawful possession of marijuana and speeding. Artman was stopped at 7:44 p.m. Thursday on Route 77, Darien, by Deputy Eric Meyer. He was allegedly found in possession of a marijuana smoking pipe containing marijuana.

Edward Jordan White, 21, of Michigan Street, Lockport, is charged with criminal use of drug paraphernalia, 2nd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White, who is currently on parole, was stopped by Batavia police officers after being observed driving in the city. During the traffic stop he was allegedly found to have a suspended license and in possession of marijuana and drug paraphernalia. He was jailed on $5,000 cash or $10,000 bond. The Local Drug Task Force assisted in the investigation.

Billy Joe Johnson, 39, of West Main Street, Batavia, is charged with forcible touching. Johnson allegedly forcibly touched the intimate parts of another person while in a store on Veterans Memorial Drive at 9:15 p.m., Feb. 14.

Sergio Antonio Forte, 51, of Myrtle Street, Le Roy, was arrested on a warrant stemming from a charge of unauthorized of a use of a vehicle, 2nd. Forte turned himself in at the Sheriff's Office on the warrant. He was jailed without bail.

Jerald Alfred Shuler III, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana, unlicensed operator, aggravated unlicensed operator in the third degree, and having a suspended registration. The charges stem from a traffic stop at 6:05 p.m. on Feb. 8 on West Main Street, Batavia, during which it was allegedly determined that the vehicle Shuler was driving had a suspended registration and that his driver's license was also suspended. During the investigation, he was allegedly found to be in possession of marijuana, located inside his vehicle. He was issued appearance tickets for Batavia City Court on Feb. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Maurillo C. Osorio, 32, of South Main Street, Batavia, is charged with: DWI; aggravated DWI -- per se with a BAC of .18 percent; unlicensed operator; open container of alcohol in a motor vehicle; and failure to keep right. Osorio was arrested at 1:56 a.m. Feb. 19 on West Main Street in Main Street in Batavia. He was jailed on $2,500 cash bail or bond. He was due in court on Feb. 21. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Bolles.

Summer Lynn Haskins, 23, of Old Creek Road, Alexander, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or higher, and having no or inadequate headlamps. She was arrested at 12:57 a.m. on Feb. 20 on Ellicott Street in Batavia following a traffic stop for an equipment violation. She was issued appearance tickets for March 1 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Matthew Wojtaszczk.

Keith J. McKenzie, 50, of Lewis Avenue, Batavia, is charged with DWI, making an improper right turn, and refusal to take breath test. He was arrested at 6:35 p.m. on West Main Street in Batavia following an investigation into an erratic operation complaint and subsequent traffic stop. He was arraigned then released on his own recognizance. He was due in City Court today (Feb. 22). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Tatiana C. Lugo, 22, of Hutchins Street, Batavia, is charged with third-degree menacing. Lugo was arrested at 8:53 a.m. on Feb. 15 after a domestic incident in which she allegedly threatened to cut the victim's hair off and do bodily harm. She was arraigned then released under supervision of Genesee Justice. She is due in City Court on March 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Kevin DeFelice.

William A. Andrews, 37, of Brooklyn Avenue, Batavia, is charged with second-degree criminal contempt and three counts of endangering the welfare of a child. He was arrested at midnight on Feb. 18 following an incident on Brooklyn Avenue. He allegedly violated two orders of protection by being present at the residence. Andrews was jailed without bail and was due in City Court on Feb. 21. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

Emily A. Andrews, 38, of Brooklyn Avenue, Batavia, is charged with three counts of endangering the welfare of a child. She was arrested at 2:33 a.m. on Feb. 18 as the result of an unspecified incident that allegedly occurred at a residence on Brooklyn Avenue earlier in the evening. She was jailed on $2,000 cash bail or $4,000 bond and was due in City Court Feb. 21. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Tyler D. Price, 24, of Liberty Street, Batavia, is charged with fourth-degree criminal mischief and second-degree criminal contempt. On Feb. 18 at 3:45 p.m., Batavia police responded to a Liberty Street address for a distrubance call. An investigation found that Price allegedly came to the residence, attempted to enter it and in the process damaged a rear-door window, violating a stay away order of protection. On Feb. 19, he was located on Liberty Street and taken into custody. He is due in City Court on Feb. 28. The case was handled by Batavia Police Officer Arick Perkins.

Brenden Michael Mullen, 31, of Batavia Elba Townline Road, Batavia, is charged with second-degree harassment. Mullen was arrested at 9:18 p.m. on Feb. 17 following an investigation into a domestic incident wherein it is alleged that he sent numerous unwanted and threatening text messages and phone calls. He was arraigned and released and was due in City Court Feb. 21. Mullen was also arraigned on a City Court arrest warrant for failing to appear for two traffic tickets, operating with a suspended vehicle registration and having an uninspected motor vehicle. He was also due in court Feb. 21 to answer those charges. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Arick Perkins.

Vincent A. Sanfratello, 51, of Liberty Street, Batavia, is charged with petit larceny. He was arrested at 8:10 p.m. on Feb. 10 for allegedly stealing a magazine from Southside Deli on Ellicott Street in Batavia. He was issued an appearance ticket for Feb. 21 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Timothy R. Johnson, 35, of Monroe Street, Silver Creek, was arrested on a bench warrant out of City Court on Feb. 18. It was issued after he failed to appear for sentencing on a conviction for fourth-degree criminal mischief, an incident which occurred on March 3, 2011. Johnson was jailed on $1,000 cash or $2,000 bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Eric MacKenzie Smith, 31, of Iroquois Road, Caledonia, was arrested on a Batavia PD bench warrant for failing to comply with court-ordered treatment and turned over to Officer Jamie Givens at 10:29 a.m. on Feb. 21. He was jailed in lieu of $500 bail and was due in court this afternoon (Feb. 22).

Paris J. MacCrimmon, 24, of Whitney Avenue, Niagara Falls, was arrested on Feb. 20 on a bench warrant issued by Batavia City Court. It was issued after the defendant failed to appear at a scheduled court appearance. MacCrimmon was jailed on $100,000 cash bail or bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Tyrone L. Richardson, 41, of Brooklyn Avenue, Batavia, was arrested on a bench warrant at 7:15 p.m. on Feb. 13. It was issued after he failed to appear for a scheduled court appearance stemming from an incident on Nov. 5, 2015. He was jailed on $1,000 cash bail or $2,000 bond and was due in City Court on Feb. 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Henry L. Banks, 46, of Ross Street, Batavia, was arrested on Feb. 18 on Ross Street on a bench warrant out of City Court for failure to appear on unspecified charges. He was released on his own recognizance and was due in court today (Feb. 22). The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced an employee of the NYS School for the Blind in Batavia was arrested Feb. 21 for harassing and endangering three children in his care.

Kenneth L. Darch, 57, of Hutchins Street, Batavia, is charged with three counts of endangering the welfare of a child in the second degree, a Class A misdemeanor, and two counts of harassment in the second degree -- with physical contact, a violation.

The charges stem from an investigation into an incident on July 28 in which the defendant allegedly struck two of the children on an outing to Blondie's Sip-n-Dip, an ice cream/yogurt stand on East Main Street in Batavia, and used abusive language against them. The defendant additionally is alleged to have taunted all three by directing their bus driver to take them to the local jail, with the threat of incarceration.

The NYS School for the Blind is operated by the State Education Department. Darch, a recreation therapist, was arraigned before Judge Robert Balbick of Batavia City Court and is scheduled to reappear in court March 7. Darch has been placed on administrative leave.

“People with special needs should never be intimidated, frightened or harassed by the very people who are responsible for caring for them,” said Special Prosecutor Gunning. “This case came to light because a conscientious employee witnessed the alleged abuse and reported it. We are grateful to those who step up and call out workers who choose to taunt and threaten children instead of doing their jobs, like this defendant is alleged to have done.”

Supervising Assistant Special Prosecutor Jennifer A. Whitman is prosecuting the case. Batavia Police Officer Marc Lawrence handled the case, with assistance from the Justice Center.

Billy Joe Trantham, 78, of Bloomingdale Road, Alabama, is charged with forcible touching. On Feb. 18, following the investigation of a sex offense that allegedly occurred in the Town of Alabama, Trantham was arrested. He allegedly touched the intimate parts of another person without the person's consent. He was released on an appearance ticket and is to be in Alabama Town Court at 2 p.m. on March 2. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Kevin Forsyth.

A complaint that a vehicle allegedly ran another vehicle off the road almost causing an accident, on Route 19 in Le Roy, led to a traffic stop of 32-year-old Brandon S. Beil, of 6370 Hawks Road, Pavilion by the Le Roy Police Department. The complaint was received on Saturday Feb. 18 about 7 p.m., at which time the Le Roy Police Department started looking for Beil’s vehicle and located it on Clay Street where the vehicle stop was initiated. During the stop, it was determined that Beil was allegedly intoxicated; he was uncooperative during the arrest process and allegedly struggled with the officers at the scene. Beil allegedly refused all field testing and the chemical test. Beil was charged with one count each of inadequate head lights, felony driving while intoxicated (with previous conviction within 10 Years), refusal to take the breath test, failure to keep right and resisting arrest. Beil was arraigned before the Le Roy Town Court and committed to the Genesee County Jail in lieu of $5,000 cash bail.     

Next month, nearly a year after he was arrested and accused of menacing a police officer, Bill Thomas will find out when his jury trial on the two felony charges against him begins.

Thomas withdrew his prior guilty plea to a count of criminal possession of a weapon, 3rd, today. He was also charged with menacing a police officer, a Class D violent felony.

He was arrested March 16. He will next appear in court on March 13.

In the intervening months, he's been through three attorneys, was about to start a jury trial but then entered a guilty plea on the day the trial was supposed to start, then at his first sentencing date, tried to withdraw his plea. That wasn't allowed and then again, last week, appeared for sentencing only to learn from Judge Michael Mohun that there was a procedural error by the court when his guilty plea was accepted.

Thomas was given time to confer with his attorney, his family and think over his options, which included withdrawing his plea and taking his case to a jury or sticking with his guilty plea and accepting whatever sentence Mohun might impose.

This afternoon, Mohun granted Thomas his request to withdraw his prior guilty plea.

Attorney Jamie Welch said he doesn't discuss ongoing cases and declined to say why Thomas decided to withdraw his plea.

One salient fact that came out last week at the sentencing hearing, before Mohun put a stop to it, was that even though Officer Peter Flanigan said he was threatened by Thomas while Thomas was holding a knife, there was no knife recovered on or near Thomas after he was arrested.

Four hours after the confrontation, Thomas was found to have a BAC of .22 and said he had few memories of events that early morning on State Street, but maintained he wouldn't have threatened a police officer, according to statements Welch made in court last week.

The Genesee County Sheriff’s Office filed charges Feb. 16 against Nicole K. Sullivan in relation to a one-car accident that occurred during the early morning hours of June 10.

Sullivan, 31, of Perry, is charged with: falsely reporting an incident in the third degree; unlicensed operator of a motor vehicle; aggravated unlicensed operation of a motor vehicle in the third degree; operation of an unregistered motor vehicle; failure to notify the Department of Motor Vehicles of change in address; no seat belt; and driving left of pavement markings.

On June 10, at approximately 2:25 a.m., an accident on Fargo Road, Stafford, was reported. When deputies arrived on the scene, they say they found a male, later identified as Zachery W. Schwartz, 20, unresponsive in the vehicle and a female, Sullivan, on the front porch at a nearby home.

At the time, Sullivan told officers that there was a third occupant, who was driving the car, and fled the scene, traveling north on Fargo Road.

Schwartz was flown via Mercy Flight 5 to Strong Memorial Hospital, Rochester, for extensive head injuries. Sullivan was taken via Mercy ambulance to Strong for head and leg injuries.

Fire personnel conducted a thorough search on foot of the surrounding areas using FLIR Technology (thermal imaging) in an attempt to locate the unknown driver involved in the crash. The New York State Police assisted by maintaining a roving perimeter of the area. Area hospitals were also notified to call the Genesee County Sheriff’s Office if they received any potential car accident patients.

Approximately three hours after the accident was reported, Sullivan admitted to police that she and Schwartz were the only occupants in the vehicle and she was the driver.

The charges stem from the allegation that Sullivan was in fact the driver of the car at the time of the collision and she gave false information concerning the details of the incident. It is further alleged that there was not an unknown driver of the car who fled the scene as originally reported by Sullivan.

Assisting at the scene of the accident included Stafford, Batavia, and Le Roy fire departments, Genesee County Emergency Management, and Mercy medics.

For original post, click here.

About six people are said to be fighting outside the Batavia Meadows apartment complex at 4112 W. Main Street Road, near apartment B1. Law enforcement is responding.

Investigators are looking for help in identifying three individuals involved in a theft from Target and an attempted theft from Game Stop on Veterans Memorial Drive.

The three individuals entered Game Stop at 6:46 p.m., Feb. 15, and while two of the men distracted a store employee, a third went behind the counter and attempted to gain access to the safe. 

It was locked.

The three men then went to Target, stole a magnetic unlocking device, and then stole about $800 in Beats headphones.

They then left in a gold Honda Odyssey. No plate number could be obtained.

Investigators checked with other stores in the area but no similar incident was reported at those stores.

One suspect was wearing pink shoes and a Coca Cola jacket.

People with information that may assist investigators can call Investigator Chad Minuto at (585) 345-3000.

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.

A Batavia resident accused of menacing a police officer with a knife nearly a year ago has until Tuesday to decide if he will withdraw his guilty plea on a weapons charge and take his case to trial.

Bill A. Thomas, 57, first entered a guilty plea to criminal possession of a weapon, 3rd, on July 21. When he was supposed to be sentenced in November, he tried to withdraw his guilty plea and asked for a new attorney.

While Thomas wasn't allowed then to change his plea, he was given time to find a new attorney.

Today, with Michael Mohun, normally the judge in Wyoming County, presiding in County Court for this case and one other, the case took another twist.

After hearing Officer Peter Flanigan read a victim's statement, District Attorney Lawrence Friedman argue for a harsh sentence and Jamie Welch, representing Thomas, advocate for a probationary sentence, Mohun summoned both attorneys to the bench.

There was a short conversation, then Mohun said he and the attorneys would meet in chambers to discuss a procedural issue.

Nearly two hours later, the attorneys, judge, defendant and his family members were all back in court after several private discussions involving all parties.

Mohun announced that when Thomas entered his guilty plea there was a procedural error related to what he admitted to and what was stated in the SCI (Special Court Information, a document used in lieu of a Grand Jury indictment). The procedural error could potentially invalidate the guilty plea, and that is why Thomas now has a chance to reconsider his plea.

Since Welch is new to the case, joining only after Thomas entered his guilty plea in July, Welch said he hasn't reviewed all of the evidence. Also, Thomas would like more time to think through his decision and confer with his family.

In his statement, Flanigan recalled a potentially catastrophic confrontation at 4 a.m., March 16, when he entered the Thomas home on State Street. He said Thomas moved aggressively toward him with a knife, and after Thomas failed to obey his verbal commands to drop the knife, Flanigan said he realized he would have to shoot Thomas to protect himself. As he reached for his pistol, the brother of Thomas entered the hallway in an attempt to leave the house, and he came between Flanigan and Thomas. Flanigan said he no longer had a clear shot at Thomas and the situation defused at that point.

The confrontation -- in which Flanigan said he both knew he might have to kill Thomas and that his own life was in danger, causing thoughts of his family and coworkers to flash through his mind -- left him shaken and he described having times of trouble sleeping and displaying other symptoms of stress, he said. 

Friedman spoke next and said that Thomas was prepared to go to trial until Interim Judge Micheal Pietruszka proposed a plea settlement, which both sides then accepted. Friedman said Thomas was a lucky man -- lucky to be alive, lucky that he wasn't charged with a more serious crime, lucky to get the plea offer he did and given his good fortune, but the serious nature of the crime, he should be given no leniency in sentencing.

Welch noted that his client never had a prior violent felony charge and it had been nearly two decades since his last criminal conviction, a misdemeanor, and it's been since 1996 that he was convicted of a felony, a DWI. Therefore, he said, he deserved a probationary sentence with credit for time served (he's been in jail for 11 months).  

While Flanigan noted that Thomas hasn't admitted to threatening the officer, Welch said when a blood sample was taken from Thomas at 8 a.m., four hours after the alleged confrontation, Thomas had a BAC of .22 and has said he doesn't remember much about that morning and doesn't believe he would have threatened a police officer with a knife.

The defense attorney also noted that even though police had control of the crime scene from the time they arrived until the investigation was completed, there was never a knife found on Thomas or at the scene.

Davon Shaquille St. John, 18, of Oak Street, Batavia, is charged with assault, 2nd. St. John is accused of assaulting somebody while confined at the Genesee County Jail at 8:49 p.m., Monday. He was jailed on $10,000 bail.

Wayne L. Pierce, 75, of Alexander, is charged with forcible touching. Pierce is accused of inappropriately grabbing a female employee at the Ben Go's gas station in Attica.

Bishop Williams, 23, of Genesee Street, Le Roy, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 4th. Williams is accused of selling Suboxone in May while in the Village of Wyoming. He was arrested by Wyoming County Drug Task Force following an investigation. He was jailed on $15,000 bail.

Odanis Betances, 21, of Morris Avenue, Bronx, is charged with petit larceny. Betances is accused of stealing $125.99 in merchandise from Kmart.

Brian James Lipinski, 33, of Richley Road, Darien, is charged with criminal possession of a forged instrument. Lipinski allegedly used a counterfeit bill to pay for food delivered to his residence.

Jarvis Davon Seymore, 33, of Michigan Street, Rochester, is charged with unlawful possession of marijuana, unlicensed driving, aggravated unlicensed driving, and speeding. Seymore was stopped at 1:51 p.m., Monday, on Clinton Street Road, Stafford, by Deputy Chad Cummings.

Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

A teen from Le Roy has been charged with multiple counts of rape in the first degree following a joint investigation between Attica PD and the Genesee County Sheriff's Office.

The investigation began with a single complaint when a student revealed information about an alleged sexual encounter to a school official in Attica.

During the investigation, additional children came forward and made similar allegations. 

Leonard E. Hahn IV, was subsequently arrested by Attica PD.

Assisting in the investigation were investigators Tim Wescott and John Dehm of the Genesee County Sheriff's Office.

The victims are all under age 11.

The Justice for Children Advocacy Center in Batavia assisted in the investigation.

Hahn was jailed on $100,000 bail or $200,000 bond. He is being held in Genesee County pending further proceedings in Genesee County and Wyoming County.

Anyone with additional information is asked to contact his or her local law enforcement agency.

Two brothers from Rochester involved in the beating of a patron of the Playmates strip club in Byron were scheduled for sentencing in County Court today, but after the attorney for one objected to new evidence brought to the hearing, that sentencing was delayed.

In the first case, Jonathon Lamagna, 19, who previously entered a guilty plea on second-degree assault and second-degree coercion, was sentenced to five years in prison and three years parole.

Scott Lamagna will be back in court Feb. 17 after defense attorney Thomas Burns said he felt "ambushed" by the presentation of recordings of phone calls in jail between Scott Lamagna and family members that Assistant District Attorney Kevin Finnell said showed that Scott Lamagna showed no remorse for his actions, that he was more interested in minimizing his jail time.

The brothers were arrested after a patron suffered serious injuries when they attacked him in the parking lot of Playmates.

Finnell provided a written deposition from the owner of Playmates who said she tried to assist the bloodied and beaten victim by dragging him back into the club and the brothers then continued their assault, kicking him as she tried to pull him away from them.

According to the statement, Scott Lamagna grabbed the victim from by the shirt and punched him repeatedly in the face as the owner tried to pull him onto the establishment's porch. She said she screamed, "Stop, stop, you're going to kill him."

Then Jonathon kicked the victim in the head and ribs, she said.

The victim was described by Finnell as a liver transplant recipient and short in stature and slight in build.  

Before sentencing, Jonathon read a statement, saying, "I feel drugs and alcohol played a part in my actions. I accept full responsibility for what I did."

Via our news partner, WBTA.

Press release:

The City of Batavia Police Department has received multiple complaints where small denomination counterfeit bills have been passed at local businesses. The Batavia Police Department is reminding everyone to check their money carefully. If you feel that you may be victim to receiving counterfeit bills, please report it to the Police Department.

A few simple items to check for on U.S. Currency that are hard to recreate on counterfeit bills:

• Color-shifting ink -- the bill denomination on the bottom right-hand corner has color-shifting ink;
• Raised printing -- to detect raised printing, take your fingernail and run it carefully down the collar/jacket. You should feel some vibration on your nail from the ridges.
• Blurry borders/printing/text -- significantly blurry borders, printing, or text, it is an automatic red flag.
• Red & Blue threads -- If you take a close look at an authentic bill, you will see that there are small red and blue threads woven in and out within the fabric of the bill.
• Watermark -- In many of the new bills, the watermark is actually a replica of the face on the bill.