crime

Robert J. Kotarski Jr., 39, of Alabama, was charged with a felony county of criminal sexual act in the second degree Wednesday, Genesee County sheriff's deputies said.

Kotarski is accused of performing oral sex on a female under the age of 15 on five separate occasions between 2005 and 2006. He was released under the supervision of Genesee Justice and will reappear at a later date to answer the charges.

Joseph A. Hernick, 59, of Stafford, was charged with second-degree harassment Wedensday, Genesee County sheriff's deputies said. Hernick allegedly punched his neighbor in the head while he was mowing his lawn. An order of protection has been issued on behalf of the victim.

Twenty-one-year-old Joseph J. Alba, of Akron, was charged with petit larceny Monday, Genesee County sheriff's deputies said. Alba is accused of reaching into a Dip-N-Dot vending stand at Darien Lake and stealing a handful of Dip-N-Dots valued at approximately $1.

All above releases were reported in published releases by the sheriff's office.

Daily News reporter Scott DeSmit profiles the city police department's new patrol cars in an article on today's front page. His take: they're all about "keeping a low profile." That means no flashy lights on the roof. Why? Officers hope the bare car top will "allow them to blend in more with traffic in an effort to catch violators."

"People engaged in criminal activity or violating traffic laws tend to scan traffic looking for that light bar," Officer Wayne Fenton said. "Taking the light bar away allows the car to blend in with the rest of traffic."

Except, of course, for the flashy lettering and block-letter 'POLICE' decal on the side of the car. For catching drivers who only get that cursory glance over traffic, I suppose it could help fight the speeders on residential streets. The $23,000 cars do come with lights, it should be noted: strobes.

Of course, no slick, pseudo-undercover makeover is going to make a cop's life any easier.

Take their stroll through the junior rapids of Tonawanda Creek this morning in pursuit of an alleged shoplifter. Just shy of 9:00am this morning, police responded to a larceny call at the Sugar Creek Store on West Main Street. On scene, Scott DeSmit tells us, one of the officers "shagged the man from a grove of trees behind the store"—fantastic description. The man then ran into the muddy, burbling Tonawanda Creek. Lt. Eugene Jankowski said the man nearly drowned! But they picked him up and brought him down to headquarters for processing.

What was he accused of stealing? Two beers.

For other fascinating news stories, be sure to pick up your own copy of the Daily News wherever they are sold. Or, better yet, subscribe at BataviaNews.com.

Genesee County sheriff's deputies report that three people were charged with unlawful possession of marijuana in the town of Pembroke Monday. They are: Michelle M. Eleczko, 20, of Corfu; Jennifer L. Wagner, 19, of Akron; and Cassandra M. Martin, 20, of Akron.

Scott M. Florian, 40, 8317 Slusser Road, Batavia, was charged with driving while intoxicated and another count of aggravated DWI Monday night in the town of Pembroke, Genesee County sheriff's deputies said. Florian was also ticketed with failure to keep right.

Mark C. Johnson, 46, of Oakfield, was charged with seventh-degree criminal possession of a controlled substance Monday, according to the Genesee County Local Drug Enforcement Task Force. A search of Johnson's residence in June found what was later confirmed to be cocaine.

Debrah A. Butler, 40, of Elba, was charged with two counts of felony falsifying business records and two counts of petit larceny, a misdemeanor, Monday following an investigation into a theft at Elba Yellow Goose, Genesee County sheriff's deputies said. Butler was an employee of the Yellow Goose and is accused of stealing three money orders and allegedly trying to conceal the theft by making false entries in the company business records.

All above incidents were reported in published releases from the departments listed.

Robert Kirkup pled guilty to manslaughter in Genesee County Court Monday, according to the Daily News. The 68-year-old California man was brought to New York on an arrest in June when he was charged with the murder of his wife, Janet, in the town of Darien during a camping trip 16 years ago.

Scott DeSmit reports that Kirkup faces between five and 15 years in state prison. He will be sentenced in September. DeSmit was in the courtroom when Kirkup was brought before Judge Robert C. Noonan, and he does a great job of bringing out the details of that public confession.

DeSmit writes that Kirkup "was barely able to stand" in the courtroom when he admitted his guilt.

His wife, he said, had been drinking beer all day and at one point in the evening "came inside the motor home and started yelling and punching me."

"I was unfaithful to Janet back in the '80s and whenever she drank alcohol, she would start fighting with me and bring that up," Kirkup wrote. "Janet came after me, punching me in the face. She broke my glasses."

"I then grabbed Janet by the throat with my right hand. We both struggled a bit and she ended up on the floor ... I held on to Janet by the throat until she stopped struggling with me."

Kirkup told the judge that he then covered up the body and slept on the couch.

"I grabbed Janet under the arms and dragged her out of the motor home ... I dragged her about 100 yards into the woods. I dug a hole about two to three feet deep ... I put Janet in the hole face up then covered her body with dirt and left."

He admitted that he was afraid he would go to jail if he told the truth about what happened and that "no one would believe that I killed her in self defense."

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Rochester's Democrat & Chronicle dug up some more details about the incarceration over the weekend of a Batavia groom who was barred from contact with the woman he married.

Batavia police reported yesterday that Timothy T. Cole, 45, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding.

Cole was sent to Genesee County Jail in lieu of $2,500 bail, and it turned out that this was not the first time he had been picked up for violating a court order of protection.

From the Democrat & Chronicle:

According to Batavia City Court documents, Cole was charged with second-degree criminal contempt on July 1, meaning that he violated a previous court order. The July 1 order of protection required Cole to stay away from the woman he ended up marrying Friday.

The order, which also mandated that he stay away from the woman's home, school, business and place of employment, was effective until July 1, 2011. Cole was required to "refrain from communication or any other contact" with the woman.

It turned out that police were alerted to the contact because of an alleged altercation at Cole's residence. When police arrived on the scene they allegedly found Cole in a fight with a guest "over a chair." The subsequent charge of criminal contempt was levied when Cole's record was checked and police discovered that his new wife had an order of protection.

Cathy Mazzotta, executive director of Alternatives for Battered Women in Rochester, was not familiar with Cole's case but said women who have orders of protection against men sometimes end up having contact with them for various reasons.

"Victims have the same hopes and aspirations we all have," Mazzotta said. "They are hopeful their abusers will change ... and believe their promises. They are looking toward the future in a positive way."

A local groom spent his honeymoon in jail this weekend. Forty-five-year-old Timothy T. Cole, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding, city police said. Police responded to a report of a domestic dispute and allegedly found that Cole had married "the very same person that he was barred from going near." He was sent to Genesee County Jail without bail.

Jamie M. McGiveron, 32, of Akron, was charged with felony driving while intoxicated following a crash in the town of Pembroke Saturday afternoon, Genesee County sheriff's deputies said. McGiveron allegedly drove into a home on Indian Falls Road, then into and out of a cornfield and back out onto the road. He suffered minor injuries but refused medical treatment.

McGiveron was sent to Genesee County Jail in lieu of $2,500 bail. He was also ticketed with failure to keep right, driving left of pavement parkings and moving from the lane unsafely.

Kelly J. Spenton, 35, of Oakfield, was charged with two counts of endangering the welfare of a child, Genesee County sheriff's deputies said. Spenton is accused of interfering with an investigation conducted by the Department of Social Services Child Protection Services during the month of July.

An undercover Batavia police officer posing as a 15-year-old boy has led to the arrest of 44-year-old Dalton E. Wilke, of Conesus, who has been charged with persuading or enticing a minor to engage in sexual activity. Wilke could face between 10 years and life in prison and a fine of up to $250,000. He was detained Friday.

Wilke is alleged to have engaged with the undercover officer in online chats between March and August, during which he made arrangements to meet with the 15-year-old in Batavia to engage in sexual activity. He was apprehended in Batavia while travelling to meet the individual he believed to be the 15-year-old boy.

Craig E. Pokornowski, 18, of Buffalo, was charged with fourth-degree criminal possession of a weapon Friday, Genesee County sheriff's deputies said. Deputies were told that Pokornowski was involved in a domestic incident at a home on Route 20 in the town of Darien that evening and was allegedly later discovered to be in possession of metal knuckles.

Philip S. Hall, 21, of 313 Bank St., Batavia, was charged with driving while intoxicated early Saturday morning, Genesee County sheriff's deputies said. Hall was stopped by deputies on Route 33 in the town of Batavia. He was also ticketed with operating with more than three passengers in the front seat.

Cory W. Swimline, 23, of Pembroke, was charged with driving while inoxicated early Saturday morning, Genesee County sheriff's deputies said.  Swimline was stopped by deputies on Route 5 in the town of Batavia. He was also ticketed with failure to keep right and possession of alcoholic beverage in a motor vehicle.

All of the above arrests were reported in published releases by the departments.

Eric M. Doud, 33 of Stafford, was charged with second-degree criminal contempt Wednesday, Genesee County sheriff's deputies said. Doud allegedly violated an order of protection during a domestic dispute in Batavia. He was sent to Genesee County Jail in lieu of $250 bail.

Joseph R. Lantz, 21, of Perry, was charged with second-degree criminal contempt Thursday, city police said. Lantz allegedly violated an order of protection by visiting a residence on Main Street in Batavia.

Noblehurst Farms of Pavilion just bought Le Roy Lake for $500,000, according to the Daily News. Water from the lake will be used to irrigate crops on the 2,200-acre farm. Reporter Scott DeSmit tells us:

Lake Le Roy had been the source for village water until 2004, when Le Roy hooked up with Monroe County Water Authority to provide water to residents. The property, a 70-acre lake, 40 acres of land and a caretaker's house, had been listed for $3.8 million in 2004.

Village trustees even tried to sell the property on eBay! But no one was interested. From $3.8 million, the price dropped several times, until it was set at just under $1 million. But still, no takers. Not until Noblehurst picked it up for a fraction of the initial cost. Village trustees said they plan to use the money to "reduce debt."

In today's sports section, there's an interesting story by Christ Metcalf about a wrestler from Warsaw who is in high demand from college coaches. The profile of the wrestler, Ian Paddock, spans the whole front page and another half page inside.

In other news:

• Robert Morales, 52, of 113 Bank St., was sentenced to 1 1/2 to 4 years in state prison after pleading guilty to a second-degree assault charge and admitting that he stabbed a man in the arm during an argument earlier this year.
• Batavia's 25th anniversary of National Night Out drew about 100 people to St. Anthony's Parish Center last night. Genesee Council on Alcoholism and Substance Abuse (GCASA) sponsored the event. GCASA Prevention Educator Kevin Keenan told reporter Scott DeSmit: "Parents need to find out who their child's friends are, where they're going, what they're doing."
• Tom Rivers packs produce in the latest installment of his farm labor series.

You can pick up your own copy of the Daily News wherever the paper is sold. Or, better yet, subscribe at BataviaNews.com.

An investigation into the impersonation of a state police investigator has yielded an arrest for troopers in Clarence. Patrick T. Fuhr, 49, of Franklinville, was charged with five counts of second-degree criminal possession of a forged instrument and first-degree criminal impersonation, both felony counts. Investigators were alerted to the potential impersonation when an area rental car agency reported "a suspicious subject attempting to obtain a billing account for rental cars." That "subject" had identified himself as police officer Patrick T. Frank, a senior investigator with the New York State Courts Domestic Abuse Unit.

Police allegedly found Fuhr in possession of counterfeit identification cards that bore the identity of the fictitious officer Frank. It is alleged that Fuhr used the false identity to obtain approximately 22 rental cars from a different rental car agency.

Investigation continues, and further charges are pending.

Meanwhile, troopers in Boston, N.Y., are looking for information related to the theft of a safe from the Land Masters Group landscaping company, located at 3021 Transit Road in Elma. The incident occurred between the hours of 3:00pm, Sunday, and 7:00am, Monday. Anyone with information should contact the state police in Boston at (716) 941-9300.

In Batavia, the Genesee County Local Drug Taskforce announced an arrest made Friday at the home of Jeffrey Plath, 44, of 12 Hutchins Place, Batavia. Plath is accused of selling handguns, which he legally possessed, to individuals who did not have gun permits in exchange for money or illegal drugs. An undercover member of the taskforce purchased one handgun from Plath. Another was recovered in the city of Rochester. The county force was joined in the investigation by the Bureau of Alcohol Tobacco and Firearms in Rochester, where Plath will be tried on federal charges.

All of the above arrests were reported in published releases from the departments.

Genesee County sheriff's deputies reported the arrest of a Batavian man on a felony count of second-degree criminal possession of marijuana today. Randy L. Leach, 22, of 612 Ellicott St., was apprehended by deputies at the intersection of West Main Street and Vernon Avenue in the city. Leach was a passenger in a vehicle that was stopped around 2:30am this morning. Deputies allegedly found him in possession of 22 ounces of marijuana.

The driver of the vehicle, Thomas J. Mitchell, 19, of 29 Walnut St., was charged with driving while ability impaired by drugs and third-degree unlicensed operator. Deputies allege that Mitchell does not have a New York driver's license. He was also ticketed with unawlful possession of marijuana, unlicensed operator, unlawful tint and improper left turn.

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.

• 9:02am, 587 E. Main St., criminal mischief
• 11:08am, West Main Street, accident
• 11:47am, Main Street, accident
• 1:26pm, 301 W. Main St., larceny
• 1:40pm, 59 Main St., accident
• 3:03pm, West Main Street, accident
• 3:09pm, State Street, accident
• 4:03pm, 29 Cedar St., accident
• 4:29pm, 229 W. Main St., accident
• 5:12pm, 3 Maple St., harassment
• 5:36pm, 125 Pearl St., identity theft
• 6:52pm, 565 E. Main St., harassment

Note: We don't include noise complaints, domestic disputes and routine police business.

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.

Friday:

• 12:36am, 345 W. Main St., trespass
• 1:08am, 104 Jackson St., harassment
• 2:27am, 5 Thomas Ave. (Apt: 2), harassment
• 12:05pm, 10 W. Main St., larceny
• 1:40pm, 21 Columbia Ave., menacing
• 2:33pm, Main Street, accident
• 3:38pm, 8 Walnut St., criminal contempt
• 3:52pm, 428 Ellicott St., larceny
• 4:07pm, 427 E. Main St., harassment
• 5:56pm, 7 Prune St., harassment
• 6:21pm, 563 E. Main St., fraud
• 7:25pm, 412 E. Main St., larceny

Saturday:

• 1:23am, (no address listed), assault
• 2:03am, Pearl Street, burglary
• 2:50am, 23 Harvester Ave., harassment
• 3:05am, 419 W. Main St., criminal mischief
• 9:44am, 155 Jackson St., larceny
• 10:22am, 542 E. Main St., accident
• 1:53pm, 220 E. Main St., accident
• 6:52pm, 73 Union St., trespass
• 11:30pm, 345 W. Main St., larceny

Sunday:

• 12:24am, Hutchins Place, menacing
• 3:31pm, 522 E. Main St., harassment
• 8:40pm, 119 State St., menacing

Note: We don't include noise complaints, domestic disputes and routine police business.

Charles J. Wride, 21, of Bergen, was charged with second-degree reckless endangerment Friday relating to an incident on July 19 in the village, Genesee County sheriff's deputies said. Wride is accused of backing out of a driveway while someone was standing in the way of the car door.

David M. Hinkson, 53, of 5163 Sunset Terrace, Batavia, was charged with driving while intoxicated Saturday afternoon, Genesee County sheriff's deputies said. Hinkson was stopped on Route 33 near the intersection with Route 5. He was also ticketed with failure to stop for stop sign and depositing refuse upon the highway.

Joseph Beszczynski IV, 22, of Darien, was charged with unlawful possession of marijuana early this morning, Genesee County sheriff's deputies said. Beszczynski was stopped on South Main Street in Batavia for driving without front or rear license plates. His vehicle was subsequently searched, and police allegedly found marijuana and a smoking pipe.

All of the above arrests were reported in published releases from the Genesee County Sheriff's Office.

LeRoy police have arrested two men in relation to the string of burglaries there early last week, according to WBTA's Wayne Fuller. Chad Bagg, 29, of LeRoy, was charged with five counts of burglary, three counts of petit larceny and two counts of attempted larceny. Bagg is accused of burglarizing four businesses in LeRoy — including the Eagle Hotel, which he allegedly robbed twice. Bragg has been sent to jail in lieu of $10,000 bail. Jonathan Blasdell, 18, of LeRoy, was charged with one count of burglary. Blasdell allegedly broke into the Mill Street Liquor Store. He was sent to jail in lieu of $1,000 bail.

Batavia's Charter Review Commission will meet tonight at 6:30pm at City Hall. That meeting is open to the public.

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.

Monday:

• 12:58pm, 315 W. Main Street, accident
• 1:10pm, Columbia Ave., accident
• 3:29pm, 3 Treadeasy Dr., harassment
• 4:01pm, 7 Central Ave., burglary
• 5:11pm, 2 Olyn Ave., harassment
• 9:25pm, 14 Union St., harassment

Tuesday:

• 12:03am, 24 Porter Ave., harassment
• 12:51pm, 260 State St., larceny
• 2:21pm, 12 Ellicott St., harassment
• 2:53pm, 8351 Lewiston Road, accident
• 4:01pm, 5 Osterhout Ave., harassment

Wednesday:

• 5:09am, 4 Swan St. (Lower Rear), burglary
• 7:59am, 218 Ellicott St. (Lower), larceny
• 2:27pm, 196 Oak St., accident
• 5:26pm, 128 Jackson St., fraud
• 6:18pm, 12 Oak St., criminal mischief
• 8:37pm, 33 Dellinger Ave., reckless endangerment

Thursday:

• 12:33am, 433 E. Main St. (Apt: 5), harassment
• 9:16am, North Street, accident
• 1:28pm, 419 W. Main St., accident
• 5:11pm, W. Main Street, accident
• 7:26pm, 115 S. Main St., larceny

Note: We don't include noise complaints, domestic disputes and routine police business.

State police reported the arrest of Michael A. Soliday, 30, of Niagara Falls, Monday in the town of Lewiston. Soliday was stopped on Route 31 shortly after 9:30pm and discovered to be driving without a license and allegedly under the influence. He was charged with driving while intoxicated and second-degree aggravated unlicensed operation.

When police searched Soliday's vehicle, they allegedly discovered more than 20 ounces of marijuana, hydrocodone tablets, codeine pills and a hypodermic needle.

Soliday was subsequently charged with a felony count of criminal possession of marijuana, seventh-degree criminal possession of a controlled substance and two counts of criminally possessing a hypodermic instrument. He was sent to Niagara County Jail on $5,000 bail.

Batavia city police charged 33-year-old Jodylynn Wetmore, of 33 Dellinger Ave., with second-degree reckless endangerment Wednesday afternoon. Police were told that Wetmore drove into someone standing in a driveway.

That same night, the Genesee County Local Drug Enforcement Task Force searched the apartment of 29-year-old Joshua S. Gaylord at 11 Wood St. (Lower), in Batavia, and allegedly found a third of an ounce of cocaine. He was charged with one felony count of third-degree and another of fourth-degree criminal possession of a controlled substance.

Officers then searched the upper apartment of 30-year-old Aaron J. Gaylord and allegedly found about an ounce of marijuana. Aaron Gaylord was charged with fifth-degree criminal possession of marijuana.

All reports were issued in published releases by the respective departments.

LeRoy has seen an increase in crime over the past week or so, especially over the weekend. LeRoy Police Detective John Condidorio told WBTA's Dan Fischer that the burglaries — one car was stolen, several others were broken into — may be related. Police do have one suspect, described as a white male, slender, between 5-foot-7 and 5-foot-9, wearing white shorts and a tee-shirt. Residents are advised to lock their homes and cars and report to the police any suspicious activity.

Note: The Batavian will not be posting a Daily News roundup this afternoon. We will be in video training all morning and afternoon. Please, if you see any news, report it. Get on the site, post a blog, put up video. We'll be back in full force soon.

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.

Friday:

• 1:40am, 157 Bank St. (Apt: Upper), trespass
• 10:25am, 50 Ellicott Ave., identity theft
• 1:49pm, East Avenue, accident
• 4:51pm, 19 Ross St., larceny
• 6:37pm, 121 Liberty St., criminal contempt
• 9:22pm, 19 Oak St., larceny
• 10:09pm, 401 Ellicott St., accident

Saturday:

• 2:01am, 109 Washington Ave., criminal mischief
• 3:40am, 105 Jackson St., assault
• 8:58am, 2 Union St., harassment
• 12:43pm, W. Main Street, accident
• 9:22pm, 257 State St., larceny

Sunday:

• 12:30am, 335 Bank St. (Apt: B6), harassment
• 12:54am, S. Main Street, accident
• 2:33am, 211 W. Main St., larceny
• 6:35am, 14 Highland Park (Apt: 6), larceny
• 6:47am, 20 Maple St. (Apt: Lower), criminal contempt
• 5:40pm, 100 W. Main St., harassment
• 6:59pm, 32 Pringle Ave. (Apt: Lower), trespass
• 10:55pm, 104 Jackson St., harassment
• 11:02pm, Liberty Street, assault
• 11:39am, 20 Vine St., trespass

Note: We don't include noise complaints, domestic disputes and routine police business.

Maria K. Frieday, 34, of 22 Tracy Ave. (Apt: Upper), Batavia, was charged with driving while intoxicated Friday night on Bank Street, city police said. Frieday allegedly backed into a fence and drove off.

Jerry T. Saddler Jr., 32, was charged with second-degree criminal contempt Saturday night, city police said. Saddler Jr. allegedly violated an order of protection and visited the home of a female acquaintance on Columbia Avenue.

Victor D. Guy, 21, of 437 E. Main St. (Apt: Lower), was charged with a felony count of third-degree assault, city police said. Guy was accused of beating a woman in the face with a cell phone charger. He was sent to jail on $3,000 bail.

All of the above reports were issued in published releases from the city police department.