crime

A 28-year-old Batavia man is sitting in the Monroe County Jail awaiting further court proceedings on a pair of third degree robbery charges.

Frank L. Schiavi was originally arraigned in Monroe County Court on the two-count indictment against him July 3. He was picked up by U.S. Marshals last week with the assistance of Batavia PD and the Sheriff's Office for allegedly missing a court date.

He is now being held on $5,000 bail or $10,000 bond.

Schiavi is accused of twice robbing a First Niagara Bank location at 532 Chili Ave., Rochester, on Oct. 24 and again on Feb. 6.

Sgt. Elena Correia, public information officer for RPD, said Schiavi allegedly put a mask over his face just prior to entering the bank and once inside he robbed the bank.

In both cases, the suspect fled and RPD conducted an extensive search of the area and no arrest was made.

Although bank employees were able to see the suspect's face in both robberies and the public was alerted to the suspect information through media releases, RPD investigators were unable to develop any concrete leads.

That led investigators to believe the suspect was not from Monroe County.

On the same day as the second robbery, Batavia PD received a report from a concerned citizen about a suspicious person in the area.

Batavia PD and the FBI followed up on the information and obtained a photograph of the suspicious person.

The photo was used to help identify Schiavi as the robbery suspect.

There was apparently no public announcement of Schiavi's arrest at the time. The Batavian learned about the case from a Batavia resident who also claimed knowledge of related law enforcement activity.

The source said there was a subject arrested Monday at an address on Jackson Street. While neighbors said they saw members law enforcement at that address Monday and one neighbor said he saw a man in handcuffs, a check with the Sheriff's Office, Batavia PD and the FBI turned up no record of law enforcement activity at that address on that day. The U.S. Marshal's Office did not return our phone calls, but the U.S. Attorney's Office for WNY also found no records of federal law enforcement activity at that address.

The source also claimed federal law enforcement was looking for a subject who has left the state. While coworkers of a person this subject is believed to be traveling with said that people they believed to be federal agents came looking for the the peson, no agency contacted by The Batavian has any knowledge, they say, of who the person is, and they say he is not the subject of an investigation and they are not actively trying to find him.

It's unknown at this time how much money may have been taken from the banks. 

Two white males are reportedly fighting on Dellinger Avenue and another is yelling from a nearby porch. City police are on scene.

A black male reportedly was outside the Holland Land Office Museum on Main Street "striking everything" and he is now in the adjacent Batavia Peace Garden where a female is on her knees; unknown if she was struck. City police are responding.

UPDATE 5:37 p.m.: An officer at the scene told Howard that the situation is "purely medical" and that the passerby was mistaken in what she thinks she saw.

UPDATE 5:39 p.m.: Mercy medics are transporting a patient to UMMC. Police are back in service.

The Wyoming County father who slammed his 7-year-old son to the floor while shopping at Walmart in May will spend nearly six months in jail.

Christopher P. Cummings. 28, could have avoided straight jail time if he hadn't violated the terms of his plea bargain, which included no additional arrests.

Cummings entered a guilty plea in June to one count of endangering the welfare of child and would have received a sentence known as "shock probation" (intermittent jail followed by five years probation). But he was subsequently arrested for allegedly driving under the influence of drugs and alcohol in Genesee County and on a DWI charge in Wyoming County.

"Whenever you've appeared in court you've been polite and cooperative," said Town of Batavia Judge Thomas Williams. "Outside of court is where the problem is, and it seems you have not really accepted accountability for your conduct. You haven't dealt with the issues that brought you here in the first place."

Cummings said nothing during sentencing nor did Williams ask him for a statement.

He was immediately taken into custody by a deputy in the courtroom along with two other current jail inmates.

Williams also barred Cummings from any contact with his son for three years, though that order could be modified to allow visitation by Family Court.

Cummings was located by State Police within two hours of the incident after a photo of Cummings was posted on The Batavian and dozens of readers contacted local law enforcement agencies with tips.

Police, and readers, were concerned that the boy may have been injured. The boy was not injured in the incident.

Also in Batavia Town Court today:

• Two of the four men suspected of participating in a $10,000 heist of smartphones from the AT&T store on Veterans Memorial Drive appeared in court. The cases of James P. Garcia and Anthony F. Bovenzi-Ortiz were continued until Oct. 15 pending possible grand jury indictment or a plea offer.
• John J. Saddler, 26, charged with attempted rape, appeared in court and his attorney Mehmet Okay said he was seeking a pre-trial hearing for his client. ADA Will Zickl said he would oppose such a hearing at this time because there is a parole detainer on Saddler. Justice Williams acknowledged that under state bail guidelines he should not have set bail for Saddler (at $10,000) at his initial court appearance, though bail was continued at that amount pending any possible petition by Saddler to Judge Robert C. Noonan in County Court for a bail review.

An Orleans County man arrested for an alleged burglary in progress in Niagara County is a possible suspect in a series of bold burglaries in the Village of Oakfield, according to Investigator Kris Kautz, of the Sheriff's Office.

Jonathan K. Banks, of 4886 S. Townline Road, Ridgeway, is charged with one count of second-degree burglary after allegedly breaking into a house at 5:20 a.m. Thursday, according to OrleansHub.

Banks is also a person of interest in similar burglaries in Albion and Medina.

In all the cases, according to investigators, a person entered homes, often while the residents were there, and grabbed purses and other items that might contain money or valuables and left quickly.

Kautz said there may be search warrants executed today on Banks' property and residence.

In May, Banks was charged with endangering the welfare of a child for allegedly taking a 12-year-old girl from Albion to Buffalo overnight.

He was jailed in Niagara County on $15,000 bail or $30,000 bond.

Gregory S. Snyder, 45, of West Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. The Wyoming County Sheriff's Office received two separate complaints of a man walking in the middle of the roadway on Route 98, Town of Attica. About 90 minutes later, there was a complaint of a man walking in the middle of the roadway on Route 98 in the Town of Bennington. Synder was reportedly located by deputies walking on Route 98. Snyder was charged with disorderly conduct and obstructing the flow of traffic. Upon his arrest he was allegedly found in possession of marijuana. Snyder was reportedly transported to the Village of Attica and released to a sober third party.

Charles Howard Sims, 43, of McIntyre Road, Caledonia, is charged with criminal obstruction of breathing and two counts of criminal mischief. Sims allegedly choked a woman during a domestic incident. He also allegedly ripped her shirt and also damaged a door. Sims was jailed on $250 bail.

Jacob Duane Defisher, 17, Roanoke Road, Pavilion, is charged with harassment, 2nd. Defisher allegedly pushed another person and then punched that person causing the person's lip to bleed and swell.

Louis Michael Biro, 52, of East Shelby Road, Oakfield, is charged with DWI, refusal to take breath test, failure to stop for stop sign, speeding (unreasonable speed, special hazards), unapproved/no face shield on motorcycle. Biro was allegedly driving at the time when a one-vehicle accident occurred involving a motorcycle at 10:12 p.m. Sept. 9 on Bloomingdale Road, Alabama. The accident was investigated by Deputy James Diehl.

James Alvin Daigler, 58, of Stanley Road, Grand Island, is charged with resisting arrest, trespass and disorderly conduct. Daigler is accused of causing a disturbance at the Clarion Hotel, 8250 Park Road, Batavia, at 1:20 a.m., Sunday. He allegedly refused to leave after being ordered to leave and used obscene and offensive language while in public. Daigler was jailed on $500 bail.

Ted E. Kingsley, 40, of 117 State St., upper, Batavia, was arrested on a bench warrant. Kingsley allegedly failed to appear on a petit larceny charge related to a theft of beer from Tops. Kingsley was jailed on $1,000 bail.

James A. Chase, 33, no permanent address, is charged with criminal contempt, 2nd, and harassment, 2nd. Chase is accused of violating a no-offensive-conduct order of protection by shoving and spitting on the protected person. Chase was jailed on $2,500 bail.

Reinaldo Roman, 41, of 130 W. Main St., Batavia, is charged with harassment, 2nd. Roman is accused of repeatedly threatening to kill another person while in the presence of police. Roman was jailed on $100,000 bail or $200,000 bond.

Shane Zimblis, 42, of 24 Hutchins St., upper, Batavia, is charged with trespass. Zimblis is accused of trespassing on a property on Hutchins Street.

Jamie M. Hamill, 36, of 209 W. Park St., Albion, is charged with criminal trespass. Hamill was allegedly ordered to leave a residence several times and refused to leave.

David N. Taplin, 36, of 54 Newport Drive, Brockport, was arrested on a bench warrant. Taplin allegedly failed to show up at the jail for an imposed weekend sentence. Taplin was jailed on $1,000 bail.

Terry T. Saddler Jr., 37, of 112 State St., lower, Batavia, is charged with unlawful possession of marijuana. Saddler was picked up on a warrant out of Brockport by Batavia PD and allegedly found in possession of marijuana.

Brandy Lee Stalica, 38, of Route 63, Pavilion, is charged with harassment, 2nd. Stalica allegedly subjected another woman to physical contact during a custody exchange. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Jennifer Joan Wolcott, 43, of East Bethany -- Le Roy Road, Stafford, is charged with harassment, 2nd. Wolcott allegedly had physical contact with another person during an argument. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Eric Jon Merritt, 24, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, failure to stop at stop sign, failure to signal, failure to yield to emergency vehicle and failure to keep right. Merritt was stopped at 4:06 p.m. Saturday on Main Street Road, Batavia, by Deputy Joseph Corona.

Deborah Ann Scholonski, 43, of Keeney Road, Le Roy, is charged with harassment, 2nd. Scholonski allegedly sent a text message to a neighbor she had been told not to contact.

Marilyn Lois Weinert, 61, of Route 237, South Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and failure to keep right. Weinert was stopped at 2:06 a.m. Saturday on Byron Holley Road, South Byron, by Deputy Joseph Corona.

Thomas Patrick Lester, 45, of Lake Road, Brockport, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving left of pavement markings and failure to keep right. Lester was stopped at 4:12 p.m. Thursday by Sgt. Ron Meides.

Timothy M. Fingland, 24, of Rochester, is charged with aggravated unlicensed operation. Fingland was stopped on Route 63, Batavia, at 8;59 p.m. Friday by State Police.

Tammy L. Long, 40, of Cheektowaga, and Paul J. Dipalma, 49, of Cheektowaga, are both charged with grand larceny, 3rd. Long and Dipalma were arrested by State Police in connnection with an alleged crime reported in the Town of Batavia on Jan. 17. Both were jailed on $5,000 bail each. No further details released.

A woman on Madison Avenue in Le Roy reported hearing two load bangs and when she went outside, she found that her mailbox and the mailbox of a neighbor had apparently been blown up.

Le Roy PD is responding.

Batavia police responded to Jackson Street after receiving a complaint by a woman who says a man on the street threw things at her, knocked her down and threatened her with a knife. She said he then went and sat out on a nearby porch. Police are out with the suspect at 113 Jackson St. This was not a domestic violence call.

A woman from Akron is accused of selling crack cocaine to an agent of the Genesee County Drug Enforcement Task Force on Friday afternoon in the Village of Oakfield.

The woman and a passenger in her vehicle were allegedly found in possession of drugs and cash when they were arrested.

Taken into custody were Cindy Ann Battistoni, 41, of Greenbush Road, Akron, and Sakeel D. Hilson, 20, of Stevens Avenue, Buffalo.

Battistoni was allegedly found in possession of crack cocaine and marijuana.

Hilson was allegedly found in possession of crack, morphine and $1,050 cash.

The charges against Battistoni are criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, criminal using drug paraphernalia, 2nd, and aggravated unlicensed operation.

Hilson is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal possession of a controlled substance, 7th.

Both suspects were arraigned in Oakfield and jailed on $25,000 bail each.

Task force members were assisted by uniformed deputies and the District Attorney's Office.

A fight involving several people is reported in front of 55 Mill St. Le Roy police are responding. The caller said the brawlers are "rolling around on the ground."

Kristen L. Brightenfield, of South Byron, and James M. Kavanagh, 23, of Chili, are charged with one count each of burglary, 3rd and grand larceny, 4th. Brightenfield and Kavanagh were arrested following a lengthy investigation by Le Roy PD into a burglary in April 2012 at the old Jell-O Factory, 57 North St., Le Roy.

John O'Shea was arrested for the burglary shortly after it occurred and is currently serving a sentence in State Prison. Brightenfield and Kavanagh are accused of being accomplices. Investigators executed a search warrant at a location in Monroe County and allegedly recovered stolen property. DNA evidence linking Brightenfield and Kavanagh to the crime was also reportedly found at the scene. Both suspects were arraigned and released on their own recognizance.

Rachel Lynne Chatley, 18, of Angling Road, Corfu, is charged with petit larceny. Chatley and a 17-year-old friend (name withheld by the Sheriff's Office) are accused of shoplifting $115.55 worth of merchandise from Walmart.

Christopher John Naugle, 44, of Appletree Avenue, Bergen, is charged with harassment, 2nd, and unlawful possession of marijuana. Naugle is accused of throwing a lit cigarette at another person and hitting that person in the face with it. During the investigation, Naugle was allegedly found in possession of marijuana and a pipe with marijuana inside of it. Naugle was jailed on $300 bail.

The case of Stephen R. Barbeau, town supervisor for Le Roy, will be heard in Bethany Town Court, Judge Robert C. Noonan ruled this afternoon.

Barbeau is charged with second-degree harassment for allegedly pushing local business man Peter A. McQuillen to the ground during a heated discussion on McQuillen's property in August.

Noonan granted the motion for a change of venue because both judges in Le Roy, Darryl Sehm and Dan Dimatteo, recused themselves from the case and the ADA for Le Roy, Kevin Finnell, has a conflict of interest.

Barbeau nor this attorney Larry Andolina appeared in court on the matter.

No date for Barbeau's next court appearance was set.

Previously:

• Town of Le Roy supervisor arrested following alleged incident with neighbor
• Barbeau and McQuillen feud building for months

An Alexander man already serving time in state prison on charges out of Wyoming County was sentenced today on a burglary conviction out of Genesee County.

Nicholas Antonucci entered a guilty plea in June to a charge stemming from a violation of a court order. The order barred Antonucci from seeing a particular person and since he entered the residence with the intention of violating that order, his entry was charged as a burglary. 

As part of a plea deal, other pending criminal charges and uncharged crimes in Genesee County were dropped.

The deal limited any sentence handed down by Judge Robert C. Noonan to prison time served concurrently with his Wyoming County sentence, which is two-and-a-third to seven years.

Noonan gave Antonuccie a two-year sentence.

Law enforcement is scouring the vicinity of Walmart following a reported larceny at that store. The subject of the search is a blond, white female, about 25 years old, wearing a "blue sparkly" shirt. She was seen within the last 15 minutes trying to get into a 2007 white Saturn Vue, but when she realized she was being pursued, she fled on foot. She was last spotted behind Office Max. (The vehicle is described by the manufacturer, now Chevrolet, as a compact SUV crossover.)

UPDATE 12:16 p.m.: Officers believe they have located the suspect at her residence in Le Roy. (The vehicle, driven by a possible accomplice, is registered to a person in Le Roy, too.) The landlord told officers that the tenant entered the dwelling and was not seen leaving, but she's allegedly not answering the door. "We'll get a warrant," one officer tells another.

UPDATE 12:32 p.m.: The suspect is in custody.

Two former Le Roy residents are facing possible jail sentences of up to six months in jail after entering guilty pleas today on charges related to a scuffle with law enforcement June 17, 2012.

While Elaina Mead and Donald Mead entered guilty pleas, they did not admit to any wrongdoing under terms of what's known as an Alford Plea.

The plea is intended as an admission that they would likely be convicted by a jury based on the available evidence without saying they did the actual deeds alleged under the charge.

Elaina Mead is accused of holding a knife to the chest of a Sheriff's deputy and Donald Mead is accused hitting the deputy at least six times with a heavy wooden door.

Elaina entered a guilty plea to a charge of menacing a police officer and Donald entered a guilty plea to a charge of attempted assault.

Both will be sentenced at 9:30 a.m., Dec. 4.

The alleged crimes occurred after Deputy Matthew Butler arrived at their home late that Father's Day to interview Michael Mead about an alleged violation of a court order. When he attempted to place Michael under arrest, Donald allegedly started hitting him with the door. The melee spilled into the yard and Elaina alleged exited the house with a kitchen knife. 

Le Roy Police Officer Emily Clark reportedly knocked the knife away and suffered a minor cut on her hand as a result.

Elaina initially entered a guilty plea in January but then later withdrew and asked for a new attorney. Today was the plea cutoff date imposed by Judge Robert C. Noonan for the Meads to either accept a plea deal or take the case to trial.

A caller complains to dispatch that a young male about 20 years old is riding a brown four-wheeler up and down the middle of Tesnow Road and he is not wearing a helmet, a shirt, nor shoes. A Sheriff's deputy is responding. Tesnow Road straddles Alabama and Pembroke.

A 16-year-old Le Roy resident is accused of taking a 2000 Dodge Stratus on a joy ride overnight and when he allegedly failed to put it in park when he fled the car, the car rolled into a Sheriff's patrol vehicle.

Charged with unauthorized use of a vehicle and unlicensed operation is Daniel Alden Faville, of West Main Street, Le Roy.

Faville was allegedly operating the car on Route 5 in the village at 3 a.m.

He reportedly pulled the vehicle onto Craigie Street, where he fled from the car on foot. The car was reportedly not put in park and it rolled into a deputy's vehicle.

Faville was reportedly found later located at his residence where he was taken into custody.

The incident was handled by deputies Frank Bordonaro and Howard Carlson and Officer Dent of Le Roy PD.

Faville was also cited for alleged no headlights, no taillights, unattended motor vehicle and inadequate exhaust.

John Matthew Stassen, 67, of Moscow Road, Hamlin, is charged with petit larceny. Stassen is accused of stealing a gas can full of gas from a vehicle that was parked in the Batavia Downs parking lot at 7:32 p.m., Aug. 26.

Katherine J. Briggs, 34, of 172 S. Main St., #112, Batavia, is charged with criminal mischief, 3rd. Briggs allegedly damaged property of another person during an argument. The alleged incident was reported at 2:16 a.m., Saturday.

Kyle E. Kirtley, 24, of 6 Pine Tree Road, Central Square, is charged with assault, 3rd. Kirtley is accused of punching another person in the head several times causing substantial pain. The alleged incident was reported at 2:16 a.m. Saturday at 172 S. Main St., Batavia. Kirtley was jailed on $1,000 bail.

Tracey Lynn Brewer, 48, of Columbia Avenue, Batavia, is charged with petit larceny. Brewer is accused of shoplifting at Walmart.

Sara Marie Zilliox, 38, of South 7th Street, Lewiston, is charged with unlawful possession of marijuana. Zilliox was charged following a traffic stop at 1:05 a.m. Saturday on Lake Road, Bergen, by Deputy Joseph Corona.

Christine Marie Osborne, 38, of State Street, Batavia, is charged with petit larceny. Osborne is accused of stealing $62.78 in merchandise from Walmart.

Mark Anthony Rebmann, 24, of Exchange Street, Attica, is charged with petit larceny and criminal possession of a controlled substance, 7th. Rebmann is accused shoplifting $24.99 in merchandise from Kmart. During the investigation by Deputy Joseph Graff, Rebmann was allegedly found in possession of heroin.

April Marie Palmer, 27, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a grand larceny, 4th, charge.

Dale A. Hollwedel, 26, of 9983 Francis Road, Batavia, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle. Hollwedel was stopped at 1:42 a.m. Thursday following a complaint in the MacDonald's drive thru by Officer Jason Davis.

Kimberly M Volk, 24, of 111 Liberty St., Apt. A, Batavia, is charged with petit larceny. Volk is accused of shoplifting at Tops.

Willie F. Irvin II, 31, of 22 Trumbull Parkway, Batavia, is charged with harassment, 2nd. Irvin is accused of verbally threatening another person while on State Street. He was jailed on $750 bail.

Jason E. Carpenter, 35, of 137 State St., Batavia, is charged with disobeying a mandate. Carpenter allegedly contacted another person in violation of an order of protection.

Rosemary R. Waters, 27, of 23 Forrest Ave., Oakfield, is charged with criminal mischief, 4th.  Waters allegedly picked up a mobile phone from the floor during an altercation and threw it back down, breaking it.

Froylan Hernandez, 26, from California, is charged with trespass. Hernandez was arrested by State Police following a report at 2:14 p.m. Aug. 10 on Wilkinson Road, Batavia. Hernandez was jailed on bail. No further details released.

Maurice G. Leach, 37, of Rochester, is charged with petit larceny. Leach was arrested in the Town of Batavia by State Police. No further details released.

The following individuals were arrested by State Police at 11:30 p.m. Friday at a location in the Town of Bergen, and charged with trespass: Alana M. Diefendorf, 16, Olivia R. Sweet, 16, Jacob M. Hillabush, 19, Danielle C. Zelazny, 17, Joseph T. Burr, 20, Dakota Troy Harlach, 20, Hannah M. Feary, 19, Kyle K. Shultz, 19, Daniel J. Ognibene, 19, Payton V. Conley, 18, Richard S. Streiff, 19, and Matthew C. Ferris, 18. Diefendorf, Sweet, Hillabush, Zelazny and Burr were also charged with possession/consumption of alcohol under age 21.