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Le Roy woman accepts plea deal for illegally getting nearly $3K in SNAP benefits

By Press Release

From the Genesee County Department of Social Services:

Jillian Hupp, 30, of Le Roy, was sentenced to a one-year conditional discharge in Batavia Town Court on Tuesday, Oct. 20, after pleading guilty to one count of petit larceny.

An investigation by the Genesee County Department of Social Services allegedly revealed that Hupp failed to report that the father of her children was also residing in the home, and she failed to report his wages. Hupp subsequently received $2,776 in SNAP (Supplemental Nutrition Assistance Program) she was not entitled to.

She was originally charged with one count of fourth-degree grand larceny four counts of offering a false instrument for filing. Hupp accepted a plea deal to the reduced charge of petit larceny and was sentenced to the one-year conditional discharge, was also disqualified from receiving SNAP benefits for one year and has made full restitution to the Genesee County Department of Social Services.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Investigation unit at (585) 344-2580, ext. 6417 or 6541.

Law and Order: Pair of DWI arrests

By Billie Owens

Cody Michael Donahue, 24, of Royce Road, Varysburg, is charged with: aggravated driving while intoxicated per se -- with a BAC of .18 percent or more; driving while intoxicated -- first offense; refusal to take a breath test; speeding -- exceeding 55 mph. At 2:28 a.m. on Oct. 17, Donahue was arrested after a traffic stop for a traffic violation on Alexander Road in Alexander. He was allegedly found to be intoxicated. Donahue was released on appearance tickets and is due in Alexander Town Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Sgt. Jason Saile.

Sarah Jane Scott, 39, of South Fitzhugh Street, Sodus Point, is charged with: driving while intoxicated with a BAC greater .08 percent; DWI; and no turn signal. At 10:17 p.m. on Dec. 9, Scott was arrested after a traffic stop for allegedly failing to use a turn signal when turning onto Clinton Street Road (Route 33) in Bergen. She was allegedly found to be intoxicated at the time. She was issued an appearance ticket and is due in Bergen Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

Jhermero Darius Maxey, 29, of Robinson Road, Lockport, is charged with aggravated unlicensed operation of a motor vehicle in the second degree and speeding (65 in a 55-mph zone). At 10:19 p.m. Oct. 16, Maxey was arrested after a traffic stop on Lewiston Road in Alabama. He was issued traffic tickets and released on his own recognizance. He is due in Alabama Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig.

More arrests linked to smash-and-grab burglary ring operating in six counties

By Howard B. Owens

Monroe County Sheriff Todd Baxter at a press conference today said a smash-and-grab burglary ring is responsible for more than 30 burglaries in six counties, including Genesee County.

On Sept. 16, GC Sheriff's deputies arrested two people who Sheriff William Sheron said are apparently part of the ring.  

Taken into custody and held on bail after allegedly being caught in the act of burglarizing the Crosby's at 6257 Clinton Street Road in Batavia were Jennifer D. Abrams and Tarus O. Fluitt.

On Sept. 28, Kristina Marble, Jose Cruz-Rosado and Eric Smith were arrested in Monroe County following a gas station burglary in Victor.

They are believed to have committed similar crimes in Genesee County, and all five individuals are suspected of being part of the same ring, Sheron said.

Their modus operandi is to smash out doors and windows and steal cigarettes and other items.

Sheron released a list of seven such burglaries in Genesee County:

  • Aug. 16, Batavia Crosby's on Clinton Street Road. Troopers handled the case and details are not available at this time;
  • Sept. 2, Bergen C-Store, 8073 Clinton Street Road, Bergen. Approximately $3,500 in cigarettes stolen, $325 in damages;
  • Sept. 13, Byron Crosby's, 6890 Byron Holley Road, Byron. Approximately $5,500 in cigarettes stolen, $180 in lighters, and $1,130 in damage;
  • Sept. 13, Bergen C-Store, a 20-pound propane tank used to smash the front door; the burglars failed to gain entry. The damage estimate is $325;
  • Sept. 16, Le Roy Kwik Fill, 7010 W. Main St., Le Roy. Attempted burglary. Front door smashed with rocks but no entry. Estimated damage: $1,000. The subjects captured on video appear to be Abrams and Fluitt;
  • Sept. 16, Batavia Crosby's, the location where Abrams and Fluitt were captured;
  • Sept. 20, Pavilion Farms, 11091 Lake St., Pavilion. Troopers also handled this case.

More from our news partner 13WHAM.

Previously:

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Police looking for suspects in redemption center burglary

By Howard B. Owens

vanburglary1oct16.jpg

Overnight Thursday, burglars broke into the Batavia Bottle and Can Retrieval Center 583 E. Main St., Batavia, and stole property from inside the building.

A white van that may be associated with the crime was caught on camera.

Anyone with information that can assist in the investigation may contact Detective Sergeant Matt Lutey at (585) 345-6311 or call the confidential tip line at (585) 345-6370.

vanburg2oct16.jpg

Law and Order: Person accused of stealing vehicle from Hartwell Road, Pavilion

By Billie Owens

Jordan Elena Rubin, 36, of Chili Avenue, Chili, is charged with fourth-degree grand larceny -- automobile with a value over $100. On Oct. 15, Rubin was arrested and is accused of stealing a motor vehicle from a residence on Hartwell Road in the Town of Pavilion at 6:38 p.m. Oct. 3. Rubin was issued an appearance ticket and is due in Pavilion Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.

Jacqueline Raj Garrett, 41, of Church Street, Le Roy, is charged with illegal use of toxic vapaors, a violation of NYS Public Health Law. At 10:06 a.m. on today, Oct. 16, the Genesee County Emergency Dispatch Center received a report of a female outside of a department story on Veterans Memorial Drive who was inhaling an aerosol. A deputy was dispatched and located the female allegedly in the act of consuming a hazardous inhalant while outside a store in view of the public. She wa arrested and issued an appearance ticket and is due in Town of Batavia Court on Nov. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Law and Order: Belvedere Lane man accused of attempting to illegally take $17K from relative

By Billie Owens

Thomas Edward Ditzel, 65, Belvedere Lane, Batavia, is charged with attempted grand larceny in the third degree, a felony. He was arrested as a result of an investigation into the misappropriation of funds as a Power of Attorney at 3 p.m. Dec. 24, 2018. Ditzel allegedly attempted to take almost $17,000 by closing an investment account of a family member and have the check sent to an address where he allegedly planned to retrieve it. However, another family member intercepted the check. "The duties of a POA, amongst others, is that the POA must act in the principal's best interest, rather than their own," says the police report. The case was investigated by Genesee County Sheriff's Investigator Christopher A. Parker.

Ifrah Hajimusse Armstrong, 41, of Bank Street, Batavia, is charged with third-degree grand larceny and four counts of offering a false instrument for filing, all Class E felonies. Armstrong was arrested after allegedly not reporting income that she was earning and also filing an application that is used to determine eligibility for Supplemental Nutrition Assistance Program benefits without including the income. The application process was started on Aug. 1, 2017. As a result, it is alleged Armstrong received $5,208 in SNAP benefits that she was not entitled to. The investigation was conducted by the GC Department of Social Services Investigator Dakota Nicholson and she was arrested Oct. 13 by GC Sheriff's Sgt. Thomas Sanfratello.

Ana Marie Uribe, 27, of Willow Street, Batavia, is charged with third-degree grand larceny and offering a false instrument for filing in the first degree, both Class E felonies. It is alleged that at the time of her application for the Supplemental Nutrition Assistance Program on May 1, 2019, she did not report income she was earning, which is used to determine eligibility. As a result, she allegedly received $3,218 in SNAP benefits that she was not entitled to. The investigation was conducted by the GC Department of Social Services Investigator Dakota Nicholson and she was arrested Oct. 14 by GC Sheriff's Sgt. Thomas Sanfratello.

U.S. Marshals alert public of imposter scammers attempting to get banking and credit card info

By Press Release

Press release:

The U.S. Marshals are alerting the public of several imposter scams involving individuals claiming to be U.S. Marshals. In the past few weeks, there have been several reported scam calls to Rochester-area citizens. Law Enforcement is urging people to report the calls the FBI's Internet Crime Complaint Center (IC3) and file a consumer complaint with the Federal Trade Commission, which has the ability to detect patterns of fraud from the information collected and share that data with law enforcement.

During these calls, scammers have attempted to gain banking information and credit card numbers. Telling the victims that their Social Security number has been used in a criminal act and this information is needed within an hour or they will be arrested.

On Wednesday, Oct. 14, a report was made to the U.S. Marshals office in Rochester. The victim reported that a caller told him there was a warrant for his arrest. The victim was told to transfer funds and if he did not comply, he was threatened with arrest and seizing of his property.

Additional incidents reported this month to Law Enforcement where Scam Calls attempted to collect a fine in lieu of arrest due to a claim of identity theft, failing to report for jury duty or other offenses, or even threating to seize property. Imposters tell victims they can avoid arrest by withdrawing cash and transferring it, purchasing a prepaid debit card such as a Green Dot card or gift card and reading the card number over the phone to satisfy the fine, or by depositing cash into bitcoin ATMs.

Scammers use many tactics to sound and appear credible. They sometimes provide information like badge numbers, names of actual law enforcement officials and federal judges, and courthouse addresses. They may also spoof their phone numbers to appear on caller IDs as if they are calling from a government agency or the court.

In March 2020, The Department of Justice launched the National Elder Fraud Hotline, which provides services to seniors who may be victims of financial fraud. Case managers assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.

The hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

If you believe you were a victim of such a scam, you are encouraged to report the incident to the FBI's Internet Crime Complaint Center (IC3) and to the FTC.

Things to remember:

  • U.S. MARSHALS WILL NEVER ask for credit/debit card/gift card numbers, wire transfers, or bank routing numbers, or to make bitcoin deposits for any purpose.

  • NEVER divulge personal or financial information to unknown callers.

  • Report scam phone calls to your local FBI office and to the FTC.

  • You can remain anonymous when you report.

  • Authenticate the call by calling the clerk of the court’s office of the U.S. District Court in your area and verify the court order given by the caller.

    -- Related article on SSN scams can be found at Inspector General Warns Public About SSA Impersonation Schemes or www.ssa.gov/scam
    -- More information on the FBI's Internet Crime Complaint Center can be found at www.ic3.gov

    Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov

Law and Order: Porter Avenue woman accused of not reporting income, wrongly getting SNAP benefits

By Billie Owens

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Law and Order: East Bethany man accused of forcefully punching deputy in the head

By Billie Owens

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Fifteen new charges brought against funeral director Michael Tomaszewski

By Billie Owens

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

  • Seven counts of third-degree larceny (Class D felony);
  • Grand larceny in the fourth degree (Class E felony);
  • Three counts of petit larceny (Class A misdemeanor); and
  • Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

Law and Order: State Street resident accused of strangulation, burglary and harassment

By Billie Owens

Montell L. Cunningham, 27, of State Street, Batavia, is charged with second-degree strangulation, second-degree burglary and second-degree harassment. Cunningham was arrested at 7:22 p.m. on Sept. 29 after an investigation into a domestic incident that occurred on Sept. 13 on Tracy Avenue in Batavia. After arraignment in Batavia City Court, the defendant was put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. A stay away order of protection was issued for the victim. Cunningham is due back in city court on Oct. 29. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Joshua K. Williams, 29, of McKinley Avenue, Batavia, is charged with: endangering the welfare of a child; criminal obstruction of breathing; and third-degree assault -- all Class A misdemeanors. He was arrested Sept. 23 on a warrant out of Batavia City Court. It was issued after an investigation into a domestic incident on McKinley Avenue on Oct. 7 of last year. He was arraigned in Batavia City Court with bail set by Judge Durin Rogers of one buck. Williams is due back in court on Oct. 28. The case was handled by Batavia Police Officer Christopher Lindsay.

Joshua K. McKinley, 29, of McKinley Avenue, Batavia, was arrested at 9:30 a.m. on Sept. 23 on a bench warrant out of Batavia City Court. It was issued after McKinley allegedly failed to participate in a court-ordered program. He was arraigned in city court and put in jail with bail set by Judge Durin Rogers of one buck. He is due back in court on Oct. 28.

Danielle E. Cummings, 42, of Batavia Oakfield Townline Road, Batavia, is charged with: aggravated unlicensed operation in the second degree; unlicensed operator; following too closely; and leaving the scene of a property damage accident. Cummings was arrested at 3:25 p.m. on Aug. 4 on Park Road in Batavia. The arrest was made after an investigation into a hit and run motor-vehicle accident on Park Road. She is due in Batavia City Court on Dec. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Samuel Freeman.

Robert Scott Douglas, 40, no address provided, is charged with third-degree grand larceny. He is currently incarcerated at the Wyoming Correctional Facility. He was arraigned via Skype in Genesee County Court and ordered held on $100 bail. The warrant for his arrest stemmed from a grand larceny investigation by Batavia Police Officer Christopher Lindsay in February that resulted in a Grand Jury indictment. The case was handled by Batavia Police Sgt. Dan Coffey.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested at 5:20 p.m. on Sept. 30 when Batavia Police allegedly found her in violation of an order of protection while she was being taken into custody on a previous case. She was arraigned in Batavia City Court and is due back there on Oct. 14. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer John Gombos.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with first-degree criminal contempt. At 5:22 p.m. on Sept. 30, Cook was arrested after an investigation into a domestic incident that occurred on Liberty Street at 4:43 p.m. Sept. 28. It is alleged that Cook violated an order of protection by having physical contact with the protected party. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. Cook is due back in court on Oct. 14. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Urban J. Lawson, 55, of West Main Street, is charged with second-degree harassment -- physical contact. At 9:26 a.m. on Sept. 26, Lawson was arrested because of an incident that occurred Sept. 22 on West Main Street in which he allegedly subjected a person to unwanted physical contact. He is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Miah Stevens.

Lynn A. Perry, 53, of Halfmoon, no address provided, was arrested at 12:10 a.m. on Oct. 2 by troopers out of SP Batavia for driving while intoxicated and other vehicle and traffic infractions. Troopers were dispatched to a collision State Route 63 in the Town of Pavilion. Further investigation revealed a 2013 Audi was parked on the shoulder of State Route 63 and was struck by a 2019 Chevy operated by Perry. During the investigation, an odor of alcoholic beverage was allegedly present on Perry. Perry was placed under arrest after failing multiple SFSTs and transported to SP Batavia for processing. According to SP Batavia's report, Perry recorded a .11 BAC. She was issued traffic tickets returnable to the Town of Pavilion court for later this month.

Matthew J. Reed, 36, no permanent address, was arrested at 1 p.m. Oct. 20 on a bench warrant out of Batavia City Court for allegedly failing to appear for a prior court date. He is due to return to court Oct. 20. The case was handled by Batavia Police Officer Adam Tucker.

Batavia resident charged with attempted murder related to stabbing on Lehigh Avenue

By Howard B. Owens
jamieduttonmug2020.jpg
         Jamie Dutton

A 28-year-old Buell Street resident is charged with attempted murder in the second degree after a person showed up at UMMC's emergency room on Aug. 25 with an apparent stab wound to his chest.

Police say the victim sustained a life-threatening injury that would have resulted in his death if not for immediate medical attention.

Officers determined, using evidence obtained through an investigation and an interview with the victim, that the stabbing occurred outside the water plant on Lehigh Avenue.

Jamie Dutton was identified as the suspect. He is also charged with assault in the first degree and criminal possession of a weapon, 3rd. He was ordered held on $100,000 bail or $200,000 bond.

The Batavia resident is currently being held in the Orleans County Jail on unrelated charges.

Batavia PD was assisted in the investigation by the Orleans County Sheriff's Office. Also assisting were the Orleans County Probation Department and the Orleans County Jail.

The investigation is ongoing and anybody with information that may assist in the case is asked to contact Det. Jason Ivison at (585) 345-6313.

Law and Order: Alexander woman banned from all Tops markets after her arrest for shoplifting

By Billie Owens

Leah E. McCabe, 41, of Alexander, (no address provided) was arrested following a shoplifting complaint at Tops Friendly Markets in the Town of Warsaw. McCabe was allegedly captured on in store video on Sept. 22 pushing out a shopping cart full of merchandise without purchasing the items or making any attempt to do so. The value of the merchandise was $338.78. On Sept. 28, McCabe was located at her residence in the Town of Alexander where she was arrested for petit larceny. McCabe then drove herself to the Wyoming County Sheriff’s Office for processing. McCabe was issued a trespass notice banning her from all Tops Friendly Markets locations, and McCabe was issued an appearance ticket scheduling her to answer the charge in the Town of Warsaw Court on Oct. 5. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Brian Thomas Resch, 32, of Buffalo Road, Bergen, is charged with second-degree criminal trespass. At 12:32 a.m. on Sept. 30, Resch was arrested after allegedly entering a residence on South Lake Avenue in Bergen without permission. Resch was released on an appearance ticket and is due in Bergen Town Court Oct. 14. The case was handled by Genesee County Sheriff's Deputy David Moore.

Law and Order: Wyoming woman accused of stealing from Target

By Billie Owens

Leanne Adele Lathrop, 29, of Cowie Road, Wyoming, is charged with criminal possession of stolen property in the fifth degree and unlicensed operation of a motor vehicle. She was arrested after a traffic stop on Lewiston Road in Batavia at 6:21 p.m. Sept. 27. She allegedly had property in the vehicle that had been stolen from Target earlier in the day. Lathrop was issued appearance tickets returnable to Batavia Town Court on Oct. 29. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Lee Allen Baxter, 36, (no address provided) is charged with resisting arrest and second-degree harassment. Baxter was arrested at 7:34 p.m. Sept. 26 after a domestic altercation that occurred on Sept. 25 on West Main Street Road in Batavia. Baxter was arraigned in Genesee County Court and released on his own recognizance. He is due in Town of Batavia Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Kyle Krzemien.

Kamie Marie Sedore, 36, of Culver Road, Rochester, is charged with second-degree forgery and falsifying business records in the first degree. Sedore was arrested following a complaint at the Genesee County Jail on West Main Street in the City of Batavia. She allegedly identified herself as another person and signed paperwork stating that the fingerprints she provided were for the false identity provided. She was issued an appearance ticket for Nov. 10 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Justin Paul Dake, 23, of Bloomingdale Road, Alabama, is charged with third-degree criminal mischief. No other details provided. Dake was arrested at 4:32 a.m. Aug. 29 on Bloomingdale Road in the Town of Alabama and issued an appearance ticket for Oct. 7 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Law and Order: Batavia woman accused animal abandonment, Bergen man accused of making graffiti

By Billie Owens

Deirdre A. Louchren, 55, of State Street, Batavia, is charged with abandonment of animals. She was arrested on Sept. 22 for an incident that occurred at 8 p.m. Aug. 25 outside a residence on State Street. Louchren was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Jan. 12. The case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Arick Perkins.

David L. Hausler, 32, of North Bergen Road, Bergen, is charged with making graffiti, a Class A misdemeanor. At 5:17 p.m. on Sept. 17, Hausler was arrested on a warrant out of Batavia City Court for allegedly making graffiti on the outside wall of a local business on Center Street in Batavia at 11 p.m. Feb. 5. He is due in Batavia City Court on Oct. 27 to answer the charge. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with fourth-degree grand larceny -- taking property from a person. At 12:53 p.m. on Sept. 20, Gibson was arrested after she allegedly took money from another person and walked away. She was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Miah Stevens.

Jesse A. Russell, 30, of Alleghany Road, Alabama, is charged with second-degree harassment. He was arrested Sept. 15 at 4:30 a.m. after allegedly punching a person at a residence on Ross Street in Batavia. He was arraigned in Batavia City Court at 3:42 that afternoon via Skype. Russell was then released on his own recognizance and is due back in city court Nov. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Jordan McGinnis.

Adam M. Jellison, 42, Sierk Road, Attica, is charged with second-degree criminal contempt. On Sept. 22 at 9:02 a.m., Jellison was arrested on Columbia Avenue in Batavia after police were responded to a 9-1-1 call. After a brief investigation, it was allegedly found that he was violating an order of protection by being there. Following arraignment in Batavia City Court, he was jailed with bail set at $2,000 cash, $4,000 bond or $8,000 partially secured bond. Jellison is due back in city court Sept. 29. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Miah Stevens.

Michael Wesley Flint, 21, of Spring Street, Mount Morris, is charged with second-degree criminal contempt. He was arrested after an investigation into a domestic incident that occurred on Aug. 31 in which he allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on Dec. 29. The case was handled by Batavia Police Officer Samuel Freeman.

Peter J. Ozzimo Jr., 50, of Orchard Street, Perry, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- common law; and no or insufficient tail lamps. Ozzimo was arrested after a traffic stop at 1:53 a.m. Sept. 20 on West Main Street in Batavia. It is alleged an officer observed a traffic violation, prompting the stop. He was released with several traffic tickets and is due in Batavia City Court on Dec. 30. Batavia Police Officer Sean Wilson handled the case, assisted by Officer Jordan McGinnis.

Erica M. Raphael, 35, of Pratt Road, Batavia, is charged with petit larceny. Raphael was arrested after Batavia Police Officer Nicole McGinnis responded to Top's Friendly Market on West Main Street in Batavia for a shoplifter reported to be taken into custody by store staff. Raphael was issued an appearance ticket and is due in Batavia City Court on Dec. 8.

Corfu postal worker charged with mail fraud by feds, if guilty faces 20 years in prison, $250K fine or both

By Press Release

Press release:

U.S. Attorney James P. Kennedy Jr. announced today that Julie Keller, 55, of Corfu, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, between 2014 and August 2020, the defendant engaged as a money mule for various internet-based scams, accepting and redirecting thousands of dollars to Africa.

During that time, she had accounts closed by at least five different national and local banks due to suspicious cash, check, money order, and wire activity.

This July 17, the United States Postal Inspection Service (USPIS) received a request for assistance from the Boston, Mass., Police Department. A detective was investigating a report of an individual (C.R.P.), who believed she had been defrauded in relation to a rental property listed on the online classified site, Craigslist.

In June, 2020, C.R.P. replied to an advertisement for an available apartment for rent and, ultimately agreed to rent a property listed on their local Craigslist site. All communication between the supposed landlord and C.R.P. was completed via text message. The supposed landlord instructed C.R.P. to split the deposit for the rental between an electronic payment via an electronic cellular telephone application, or “cash app,” and by money order, using the U.S. Mail.

The supposed landlord instructed C.R.P. to send the money order to Julie Keller in Corfu, who was identified as an accountant. The investigation determined that the address provided by the supposed landlord is a United States Postal Service (USPS) Facility in Corfu and Keller is employed by the USPS as a mail carrier.

After C.R.P. made the down payments as instructed, the person listing the property ceased all contact, and the property was never secured or occupied by C.R.P.

C.R.P. provided a number of screenshots from her cellular telephone, depicting her text communications with the individual who had listed the rental property. Subsequent investigation determined that other individuals sent the defendant down payments for the rental property listed on Craigslist.

A cursory look into Keller's banking history revealed that she had a pattern of suspicious cash, check, money order and wire activity totaling in excess of $150,000 dating back to 2014. Records indicated Keller had been either deceptive or unresponsive when questioned by bank personnel about the nature of her transactions. Her activities included the use of national and local banks, as well as Western Union and MoneyGram.

Keller made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder Jr. and was released on conditions.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston, Mass., Division.

Grand Jury: Man accused possessing cocaine with intent to sell

By Billie Owens

Akeem R. Gibson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 29 in the City of Batavia that Gibson possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day he knowingly possessed one or more preparations, compounds, mixtures or substances with an aggregate weight of 1/8th ounce or more. In count three, Gibson is accused of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor. It is alleged in count three that on that day Gibson drove a 2005 Chrysler on Ellicott Street while his driver's license was suspended by authorities.

Stephen M. Esposito is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on Feb. 7 on Route 98 in the Town of Batavia that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab truck while his ability to do so was impaired by use of a drug and that he operated the vehicle in a manner that caused serious physical injury to a person. In count two, he is accused of driving while ability impaired by drugs, a Class E felony, for driving that day while his ability to do so was impaired by drugs. In Special Information filed by the District Attorney, Esposito is accused of having been convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court and that conviction is within 10 years of crimes alleged in the current indictment.

Patrick O. Spikes is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 24 that Spikes knowingly entered or remained unlawfully in a building in the first block of Porter Avenue in the City of Batavia with intent to commit a crime. In count two, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two that on that day he violated of an order of protection, that he acted with intent to harass, annoy, threaten or alarm the protected person, and subjected that person to physical contact or threatened to do so. In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that on that day, he applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation.

Edward C. Simmons is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Sept. 16, 2019, that Simmons knowingly entered or remained unlawfully in a building with intent to commit a crime. The building was a dwelling in the 2600 block of East Shelby Road in the Town of Oakfield.

Kyle A. Scheuerlein is indicted for the crime of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged that on March 8 in the City of Batavia, Scheuerlein impeded the breathing or blood circulation of another person by applying pressure on that person's throat or neck. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged that on that day, with intent to cause physical injury to a person, that he cause such injury with a dustpan with a long handle. In count three, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that on that day he possessed a dangerous instrument -- a dustpan with long handle -- with intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Scheuerlein is accused of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill.: of: (1.) theft of stolen property with intent to deprive, a Class A misdemeanor, Aug. 2, 2011; (2.) theft -- unauthorized control with intent not exceeding $300, a Class A misdemeanor, Aug. 2, 2011; (3.) burglary, a Class 2 felony, on Aug. 2, 2011; (4.) retail theft, possessing displayed merchandise not exceeding $300, a Class A misdemeanor, Feb. 10, 2012; (5.) theft -- unauthorized control with intent to benefit between $500 and $10,000, a Class 3 felony, Feb. 10, 2012; (6.) consumption of alcohol by any person under age 21, a Class A misdemeanor, Feb. 17, 2012; (7.) retail theft -- possession of displayed merchandise, a Class A misdemeanor, June 25, 2013; (8.) retail theft -- possession of displayed merchandise not exceeding $300, a Class A misdemeanor, on June 25, 2013. These convictions form the basis for count three in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count one that on Nov. 5 in the area of Hutchins Place in the City of Batavia that McGill possessed a dangerous instrument -- a bat, with intent to use it unlawfully against a person. In count two, McGill is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that date he intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a bat. In count three, McGill is accused of criminal possession of a weapon in the third degree. In count three, it is alleged that on April 12 in the same area, he possessed a billy (an expandable baton). In count four, he is accused of the same crime as in count one, for allegedly possessing an electronic stun gun April 12 in the same area. In count five, he is accused of the same crime as count one, for allegedly possessing a billy on May 2 in the same area. In count six, McGill is accused of the same crime as in count one, for allegedly possession a billy in the same area on June 18. In count seven, the defendant is accused of criminal possession of a weapon in the second degree, a Class D felony, for allegedly possessing a billy on June 18, with intent to use it against another person. In count eight, McGill is accused of the same crime as in count one, for allegedly possessing an electronic stun gun June 18 in the same area. In count nine, McGill is accused of a second count of second-degree criminal possession of a weapon, for allegedly possessing an electronic stun gun June 18 in the same area with intent to use it against a person unlawfully. In Special Information filed by the District Attorney, McGill is accused of having been convicted: on Nov. 10, 2008, in Orleans County Court of attempted making a terroristic threat, a Class E felony; on Sept. 7, 2017, in Town of Shelby Court, of third-degree menacing, a Class B misdemeanor; and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a Class B misdemeanor. The convictions form the basis for all counts in the current indictment except count two.

Laura Vazquez Coronado is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on May 13 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was intoxicated. In count two, Coronado is accused of DWI, per se, as a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly knowing at the time that her driver's license was suspended or revoked by authorities and she was driving while allegedly under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Coronado is accused of having been convicted of DWI, as a misdemeanor, on July 25, 2018 in Town of Elba Court, and of the same crime Nov. 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.

Samantha G. Reff is indicted for the crime of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on Dec. 3 on Route 5 and Kelsey Road in the Town of Batavia that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that she did so while a child age 15 or less was a passenger. In count two, Reff is accused of aggravated driving while her ability was impaired by drugs, a Class E felony, and while a second child age 15 or less was a passenger. In count three, Reff is accused of endangering the welfare of a child, a Class a misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, she is accused of the same crime as in count three because a second child less than 17 was involved. In count five, Reff is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly knowingly possessing buprenorphine and naloxone. In count six, she is accused of the same crime as in count six for allegedly knowingly possessing alprazolam.

Derrick R. Kio is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 21 in the Village of Le Roy that Kio intentionally disobeyed or resisted a stay away order of protection. In count two, he is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count two that on that day Kio operated a vehicle in the Village of Le Roy while his driver's license was suspended or revoked by authorities. It is further alleged that at the time, he had three or more suspensions imposed on three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the District Attorney, Kio is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 and that conviction was within five years of the crime alleged in the current indictment.

John M. Tullar is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 3 in the Town of Bergen that Tullar operated a 2010 Ford on Route 33 while he was intoxicated. In count two, Tullar is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In Special Information filed by the District Attorney, Tullar is accused of having been convicted of DWI, as a misdemeanor, on Nov. 23, 2010 in the Town of Ogden Court, Monroe County, and that conviction was within 10 years of the crimes alleged in the current indictment.

Former dispatcher sent to jail for possession of child pornography

By Howard B. Owens

There were multiple factors to consider, Judge Charles Zambito said in County Court today, during the sentencing of James Tripp, a former emergency dispatcher accused of possessing more than 70 images of girls under age 16 of a sexual nature.

Tripp, on his own, completed counseling. He has avoided further similar transgressions over the past three years. He has a lifetime of service to the community. He has an ailing wife to care for. The Probation Department recommended a straight probation sentence, a recommendation Zambito noted is highly unusual in a pornography case. The department said Tripp is not a threat to the community.

However, "No victims are represented here in this case because none of the victim girls could be identified," Zambito said. "If their parents were here, I'm sure they would want me to send you to jail for as long as I can."

Then, Zambito said, he also consider the community's sense of justice and their perception of the judicial system.  

The Probation Department's recommendation wouldn't satisfy the community's sense that some punishment is appropriate in a child pornography case.  

Zambito also took into consideration both Tripp's service to the community -- which included decades of volunteer fire service -- and the expectation the public has for people who work in positions of responsibility. 

"Your position (as a highly decorated emergency dispatcher) cuts both ways," Zambito said. "Your position is also one of responsibility and one people respect and expect you to not just cooperate with the law, but to be above the law. All of us in this room are in that position."

Assistant District Attorney Kaitlynn Schmit recommended at least some jail time for Tripp. Under the terms of the plea deal, Tripp could be sentenced up to six months in jail. Schmit asked for three months.

Zambito wanted to know why she was asking for three months considering the probation department's recommendation and Schmit said while she took into consideration Tripp's service to the community and his apparent rehabilitation, she also considered the number of images possessed by Tripp on three devices, and the fact that on at least one occasion, he uploaded an image to a server, some length of jail time was appropriate.

Tripp's attorney, Clark Zimmerman, argued for the Probation Department's recommendation, saying his client was truly remorseful.

"This is a non-contact type of offense," Zimmerman said. "I’m not saying there are no victims. I’m saying in the scheme of things, it’s at the lower end of this and even with the number of image the prosecution mentions it is still on the low end of this."

The case against Tripp began in December 2017 when an image of a young girl was uploaded from a computer with Tripp's home IP address. State Police investigators obtained a search warrant for his home and executed it on Dec. 20, 2017. They found 70 images on three devices that could be identified as sexually explicit or suggestive images of girls under 16 and they found another 200 images where the girls were of indeterminate age. 

During his statement -- which he said would be brief but lasted more than 10 minutes -- Tripp said his quiet, family-oriented life changed on Dec. 17, 2017.

"Before the State Police had even left my residence, my life turned completely upside down," Tripp said.

A man who favored rum and Cokes -- he drank while downloading images, Schmit had said -- Tripp said he has been dry since the day troopers arrived on his doorstep.

He immediately entered a rehabilitation program at the Family Life Center.

He said he felt no animosity toward the State Police, toward his former employer, the Genesee County Sheriff's Office, or any of the people he considered friends who have stayed away from him since his arrest.

"If I have any animosity, it's for me, for my actions," Tripp said.

He recounted his career and his desire to serve the community and to raise his children to do the right thing.

"I screwed up," Tripp said. "There is no question about that. I have been trying since Dec. 17, 2017, to make things better for us again. It's not going to go away. It's there every day. Every day I think about it. I'm ashamed. I've been disgraced. I'm embarrassed. I'm anything you could think of. I'm embarrassed every day. I'm sorry for my wife, for my kids, for my work friends over the years. It's a battle every day for us."

He said he applied for gainful employment and revealed to each potential employer his pending charges. Two employers, he said, didn't hire him but one did. It was a part-time job he held for a little more than a year and then, just before the pandemic hit, his arrest was announced and he was fired.

He hasn't looked for work since while waiting for his case to be resolved.

"No one from any of the agencies I worked with has tried to talk with me, and rightfully so," Tripp said. "There are people who I worked with for 25 years and I've got to assume we had some sort of relationship, that they were friends. Everybody knows people talk.

"I'm not saying I'm not guilty but when the charges came out people read it and they formed their opinions. People read about me and conclude I'm the biggest jerk out there but from previous jobs, I can say, there are a lot more jerks than me out there."

Tripp said going forward, his focus is his wife and his family.

After Zambito sentenced Tripp, Zimmerman told Zambito that Tripp's wife would have no way to get home if Tripp went straight to jail from the courthouse.  Zambito agreed to let Tripp give his wife a ride home and ordered him back to the courthouse by 2 p.m. so he could be transported by deputies to the jail to begin his 90-day sentence.

He warned Tripp that if he didn't return on time, he would lose his sentencing cap.

The Batavian confirmed this afternoon that Tripp returned to the courthouse and was booked into the Genesee County Jail.

Law and Order: Three men from outside Genesee County arrested on DWI charges

By Billie Owens

Andrew Theodore Pape, 31, of Chili Riga Road, Churchville, is charged with: driving while intoxicated; operation of a motor vehicle with suspended registration; refusal to take a breath test; unlawful possession of marijuana in the second degree; and moving from lane unsafely. Pape was arrested at 9:49 pm. Sept. 18 on Jerico Road in Bergen following the investigation of a property damage accident that occurred at 9:10 p.m. He was issued appearance tickets for Nov. 4 in Bergen Town Court. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy James Stack.

Jacob William Cobti, 18, of Burdick Road, Akron, is charged with: driving while ability impaired by alcohol; refusal to take a breath test; and leaving the scene of a property damage accident. On. Sept. 20 at 7:54 a.m., Cobti was arrested after an investigation of a disabled vehicle on Alleghany Road in Pembroke. He was issued traffic tickets and released. He is due in Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Ryan Young.

David Gerard Sankel, 68, of Spencerport Road, Spencerport, is charged with driving while intoxicated and refusal to take a breath test. He was arrested at 12:55 a.m. on Sept. 19 on South Lake Road in Le Roy after an investigation by the Genesee County Sheriff's Office. Sankel was issued appearance tickets and is due in Town of Le Roy Court on Oct. 6. The case was handled by Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Law and Order: Fisher Park mom accused of leaving two kids under age 5 in upstairs apartment unsupervised

By Billie Owens

Shante M. Griffin, 28, of Fisher Park, Batavia, is charged with two counts of endangering the welfare of a child. At 12:14 a.m. on Sept. 10, Griffin was arrested for allegedly leaving her two children, both under age 5, alone in an upstairs apartment without any adult supervision. She is due in Batavia City Court at 1 p.m. on Dec. 8 to answer the charges. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Kimberly R. Garland, 51, of Culver Avenue, Warsaw, is charged with: grand larceny; first-degree criminal contempt; and second-degree harassment. At 12:15 p.m. on Sept. 17, Batavia police responded to the Super 8 motel on Oak Street for a 9-1-1 hang-up call. Further investigation led the patrol to arrest Garland for allegedly striking a female who has an order of protection against her. It is also alleged that Garland stole the female's phone. She was issued an appearance ticket and is due in Batavia City Court on Dec. 15. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Alec Roberts.

Jason Christopher Mann, 44, of Pringle Avenue, Batavia, is charged with disorderly conduct. Mann was arrested at 9:25 p.m. Sept. 7 after an investigation of multiple disturbances on Hutchins Place in Batavia. He allegedly engaged in "threatening and tumultuous behavior" in the presence of Batavia police and "flicked a cigarette at another person." Mann was issued an appearance ticket and is due in Batavia City Hall on Nov. 10. The case was investigated by Sgt. Dan Coffey, assisted by Officer Samuel Freeman.

Katherine J. Briggs, 41, of South Main Street, Batavia, is charged with second-degree harassment. Briggs was arrested at 12:41 a.m. Sept. 13 after an incident at an apartment complex on South Main Street in Batavia. She allegedly threatened a resident with physical harm. She was released on her own recognizance and is due in Batavia City Court on Nov. 5. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.

Matthew M. Maniace, 38, of Fargo Road, East Bethany, is charged with second-degree harassment. On Sept. 11, Batavia Police Office Peter Post responded to UMMC where he was issued an appearance ticket to Maniace following an investigation of an incident at 4:14 a.m. on Sept. 9. City police responded to UMMC for a panic alarm and they allegedly found UMMC staff in a physical altercation with Maniace. Police allegedly determined Maniace punched two UMMC staff members. He is due in Batavia City Court on Dec. 1 to answer the charge. Post was assisted by Batavia Police Officer Arick Perkins.

Matthew M. Maniace, 38, of Fargo Road, East Bethany, is charged with second-degree harassment. He was arrested after an incident at 10:13 a.m. Sept. 10 at UMMC. He was issued an appearance ticket for Batavia City Court and is due there Nov. 10. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Luis Javier Santiago-Arroyo, 32, of Buell Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 5:18 p.m. on Sept. 10 for allegedly violating an order of protection by standing in front of the residence of the protected party at 12:46 p.m. Sept. 2. He was arraigned in Batavia City Court via Skype and put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond with 10-percent down. Santiago-Arroyo is due to return to city court Sept. 22. The case was handled by Batavia Police officers Stephen Cronmiller and Wesley Rissinger, assisted by Officer Adam Tucker.

Trevor Scott Rarick, 25, of West Main Street, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; and refusal to take a breath test. Rarick was arrested after a complaint that he was passed out behind the wheel of his car while in the McDonald's restaurant drive-thru on East Main Street in Batavia at 2:36 a.m. on Sept. 13. Rarick was processed at Batavia Police Headquarters, and released on appearance tickets returnable to Batavia City Court on Dec. 13. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jordan McGinnis, Officer Alex Roberts and Sgt. Eric Bolles.

Joseph G. Sumeriski, 28, of South Main Street, Batavia, is charged with bail jumping. He was arrested at 12:50 a.m. Sept. 13 on a Batavia City Court bench warrant following a traffic stop on West Main Street in Batavia. He was released on an appearance ticket and is due to return to city court at a later date (unspecified). The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Wesley Rissinger.

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