crime

The following people were arrested during the Rascal Flatts concert at Darien Lake Performing Arts Center on Saturday.

Kelly D. Roth, 23, Hamilton Road, Jamesville, is charged with criminal trespass, 3rd, and disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance in the parking lot. Roth was jailed on $500 bail.

Christopher A. Shoemaker, 21, Ogden Road, Syracuse, is charged with disorderly conduct after allegedly causing a disturbance while being escorted off Darien Lake property. Shoemaker was jailed on $200 bail.

Brandon R. Innes, 18, Stoughon Lane, Orchard Park, is charged with criminal trespass, 3rd, disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance in the VIP parking lot. Innes was jailed on $1,200 bail.

Jessica A. Turner, 19, Taylor Road, Eden, is charged with disorderly conduct after allegedly causing a disturbance while being escorted from Darien Lake property.

Trevor B. Berberian, 19, State Route 80, Tully, is charged with disorderly conduct after allegedly causing a disturbance while being escorted from Darien Lake property.

Kassandra R. Kerves, 24, North Greece Road, Rochester, is charged with disorderly conduct after allegedly causing a disturbance while leaving the concert venue.

Danielle A. Schulik, 22, Alfonso Drive, Rochester, is charged with disorderly conduct after allegedly fighting in the parking lot.

BrittaA. Schulik, 25, Alfonso Drive, Rochester, is charged with disorderly conduct after allegedly fighting in the parking lot.

Daniel R. Clever, 20, Bear Lake Road, Stockton, is charged with disorderly conduct after allegedly fighting with security while being escorted from the concert.

Adam E. Kress, 21, Haseley Road, Gasport, is charged with disorderly conduct after causing a disturbance in the parking lot.

Crystal J. Spurling, 20, Strouts Road, Elba, is charged with unlawful possession of marijuana and possession of alcohol under 21 after allegedly being found in possession of marijuana and alcohol.

Timothy M. Lincourt, 65, Rush-Lima Road, Honeoye, is charged with DWI after allegedly being found operating a vehicle in the parking lot while impaired by alcohol.

Anna M. Jones, 19, Victoria Boulevard, Kenmore, issued a citation for allegedly possessing another’s license after being found in possession of another person's NYS driver's license.

Emily H. Thomson, 17, Kent Street, Queenston, Ontario, Canada, issued a citation for allegedly possessing a fraudulent driver’s license after allegedly being found in possession of a fake British Columbia driver's license.

Eric S. Bagne, 20, Main Street, Walworth, issued a citation for possession of another’s license and possession of alcohol under age 21 after allegedly being found in possession of another person's NYS driver's license and alcohol.

(Name redacted), 16, Rockdale Drive, Amherst, issued a citation for possession of an altered license after allegedly being found in possession of an altered NYS driver's license.

The following people were issued citations for alleged possesion/consumption of alcohol under age 21.

Rachel E. Derosia, 19, Hawley Drive, Webster
Casey I. Balsom, 19, Emerson Drive, Amherst
Michael R. Wneck, 20, Whitney Road, Holland
Jacob G. Savage, 20, Parker Road, Holland
(name redacted upon request), 19, Lapp Road, Clarence Center
Zachary A. Savage, 20, Lewis Road, Holland
Alexis M. Reile, 19, Hunters Creek Road, South Wales
Francesca M. Clemente, 19, Bowen Road, Churchville
Nicholas R. Graham, 19, Elwood Drive, Rochester
Kathryn E. Pietropaolo, 19, Sothery Place, Rochester
Thomas M. Clark, 20, German Road, Ransomville
Ryan D. Brosi, 19, Tyler Terrace, Hilton
Jonathan R. Mcdonough, 17, Sherwood Avenue, North Tonawanda
Kiersten A. Kline, 19, Green Street, Seneca Falls
Courtney L. Fox, 18, Hertle Avenue, Buffalo
James D. Palma, 20, Twin Hills Drive, Syracuse
Margaret K. Bailey, 18, Vernon Place, Buffalo
Olivia M. Sunzeri, 18, Apple Street, Bath
Nicole M. Aldrich, 20, Shoshone Street, Buffalo
Devon M. Reynolds, 18, Knox Avenue, West Seneca
Brianna M. Cordova, 19, Concord Road, Springville
Kirstie M. Dlugosz, 18, South Prince Depew

Dustin C. Nicometo is indicted on a count of burglary, 3rd, and Michael A. Nicometo is indicted on two counts of burglary, 3rd, and one count of grand larceny, 3rd. Together, they are indicted on another count of burglary, 3rd, and two counts of grand larceny, 3rd. The defendants are accused of entering business properties in Le Roy and stealing electrical wiring and components.

Matthew J. Cronin is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Cronin is accused of driving drunk March 18 on Route 5 in the Town of Batavia. He is accused of having a prior DWI conviction in 2010 in West Seneca.

Just three weeks after being released from state prison, John J. Saddler, 26, has been accused of attempting to rape a young woman while in a motel room on West Main Street Road, Batavia.

According to state police, the young woman had been hanging out at the motel with friends and relatives Saturday evening when she joined a group of other women who were talking with Saddler in his room.

After awhile, the other women left, leaving the alleged victim alone with Saddler. He allegedly locked the door and tried to force himself on her.

Saddler is charged with attempted rape, 1st, criminal obstruction of breathing, forcible touching and unlawful imprisonment.

While Saddler was allegedly trying to rape the young woman, a group of people who had been with her and Saddler returned to the room and found the door locked.

That was apparently a violation of the motel's rules, according state police, so Saddler opened the door and "acted nonchalant."

The alleged victim later told another woman what happened, but didn't go to the State Police barracks on West Saile Drive until the next day.

According to state police, the woman was hesitant to come forward for fear of reprisals from Saddler's family.

Saddler is being held on bail in the Genesee County Jail.

On Aug. 11, Saddler was released from the Collins Correctional Facility after serving nearly six years on a pair of felony assault charges.

One of the assault charges stemmed from an incident in October 2006. Saddler was accused of assaulting a Batavia police officer and damaging a police vehicle by jumping on top of it after an officer found he possessed marijuana.

Criminal investigators want to know more about this cigar box.

Obviously, it once held 25 Arturo Fuente Flor Fina 858 cigars, but what interests investigators is how it wound up yesterday morning at a location in the Village of Oakfield.

It's location has investigators in the Sheriff's Office thinking it may be related to a recent rash of burglaries in the area.

The box was found shortly after at least three burglaries in the village two nights ago.

The recent series of burglaries have been "pretty nervy," said Investigator Kris Kautz.

The burglars are entering homes when people are home and likely to be awake, such as later afternoon and evening hours, and grabbing anything of value that can be snatched quickly, such as a purse, wallet or a box of potential valuables.

"They're going in when people are home and that's scary stuff," Kautz said. "We don't want something ugly to happen."

The same M.O. has been reported with a series of burglaries in Albion and in one case there, two unidentified young white males were spotted at a time that have investigators thinking they may be involved.

If you are the owner of the box, or if you're the person who placed it where it was found (or know who did place it there), or have other information about the recent burglaries, contact the Sheriff's Office, Investigator Kris Kautz, at (585) 343-5000.

Bonnie S. Olsandi, 44, of 31 Montclair Ave., Batavia, is charged with falsely reporting information about an actual offense/incident. Olsandi is accused of providing false information to police about an actual incident in an attempt to have the wrong person arrested for the alleged crime.

Haley H. Humphrey, 19, of 21 Wood St., Batavia, is charged with offering a false instrument for filing and falsely reporting an emergency. Humphrey is accused of falsely reporting a domestic incident.

Melissa A. Broadbent, 35, of 52 Walnut St., Batavia, is charged with obligation of a parent or guardian. Broadbent was arrested because of alleged curfew violations after her 15-year-old son was apprehended following an investigation of a report that two males were attempting to break into cars near the fire hall. The alleged incident was reported at 11:26 p.m., Sunday. Also charged was Priscilla M. Aiken, 40, of 2 Miller Ave., Batavia.

Joshua R. Hofer, 17, of 67 Mechanic St., Elba, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Hofer was arrested following an investigation by Batavia PD into a reported disabled vehicle on Walnut Street at 4:07 a.m., Saturday.

Lena M. Evans, 26, of 46 Washington Ave., upper, is charged with petit larceny. Evans is accused of shoplifting at Tops.

Micahel L. Kennedy, 26, of 45 Prospect Ave., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and driving a vehicle without an interlock device. Kennedy was stopped at 1:05 a.m. Saturday on West Main Street by Officer Felicia Degroot.

Ted E. Kingsley, 40, of 119 State St., upper, Batavia, is charged with petit larceny. Kingsley is accused of stealing an 18-pack of beer from Tops.

Douglas A. Porter, 43, of Basom, is charged with DWI, driving with a BAC of .08 or greater and consumption of alcohol in a motor vehicle. Porter was stopped by Deputy A.J. Previty of the Wyoming County Sheriff's Office at 1:15 a.m. Tuesday on Route 354, Town of Bennington. Previty responded to a report of an erratic driver coming into Wyoming County from Erie County. Porter was jailed on $500 bail.

Elan B. Pire, 24, of Elba, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Pire was arrested by State Police for an alleged incident reported at 8:51 p.m. Saturday in the Town of Byron. No further details released.

The following people were arrested during the  Maroon 5 Concert at Darien Lake Performing Arts Center on Wednesday.

Emily L Simmons, 21, North Central Avenue, Springville, is charged with two counts of second-degree harassment after allegedly grabbing a security guard by the head and then kicking several deputies and security guards. Simmons was jailed on $250 bail.

Patrick P. Sheridan, 45, Via Cimato Drive, Clarence Center, is charged with second-degree harassment and resisting arrest after allegedly pushing a security guard and then resisting arrest by refusing to be taken into custody.

David J. Irwin, 49, Pinyon Court, Clarence Center, is charged with two counts of second-degree harassment after allegedly pushing a security guard and then pushing and hitting another security guard in the face.

Joseph M. Ciliberto, 42, Pine Terrace, Orchard Park, is charged with second-degree harassment after allegedly striking a deputy during an investigation. Ciliberto was jailed on $250 bail.

Kara M. Balog, 22, Cochran Avenue, Springville, is charged with second-degree harassment after allegedly pushing a deputy after repeatedly being told to leave the venue. Balog was jailed on $200 bail.

Amanda N. Hayden, 21, Hefner Drive, Webster, is charged with disorderly conduct and second-degree harassment after allegedly causing a disturbance in the venue and then punching a deputy in the chest after being instructed to leave the concert venue. Hayden was jailed on $300 bail.

Amanda C. Snyder, 20, Woodhaven Circle, Hamburg, issued a citation for using another’s license.

The following people were cited for alleged consumption or posession of alcohol under age 21:

Brandi L. Hartman, 19, Railroad Avenue, Arcade
Emily M. Nichol, 20, Celtic Lane, Rochester
Marissa J. Lake, 19, Chesterton Road Rochester
Amber M. Adolf, 19, French Lea Road, West Seneca

The most significant news out of County Court today is that Craig Lawson showed up.

Lawson is accused of hitting Jason McNeil, a former WNY resident living in Alabama, following the Kid Rock Concert at Darien Lake in July.

Following the punch, according to court documents, McNeil's head hit the ground. He was in a coma for more than a week and has been hospitalized since.

Initially, Lawson, who lives in Canada, was charged with a misdemeanor, assault 3rd, and bail was set at a mere $1,000.

Once it became apparent that McNeil's injuries were serious and McNeil might face an upgraded charge, there was concern in the community that Lawson would just skip his next scheduled court appearance.

Last month, a grand jury indicted Lawson on a single felony count of second-degree assault.

Today, Lawson appeared before Judge Robert C. Noonan and pled not guilty.

To win a conviction on an assault, 2nd, charge in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.

Noonan dismissed a similar charge against Jacquetta Simmons in the Walmart case, ruling that the grand jury had not received enough evidence to sustain the assault, 2nd, count (Simmons was convicted by a jury on a subsection of assault in the second degree dealing with hitting and injuring an elderly person).

Mike Ranzenhofer, co-counsel with Buffalo attorney Joel Daniels, for Lawson, said it's hard to compare different cases and until the defense has received all of the supporting documents from the DA's office, it's hard to say if the charge can be supported.

But he expressed skepticism that his client is guilty as charged.

"This is a one-punch situation," Ranzenhofer said. "I don't think anything was intended here. That's pretty clear. But we'll have look at the documents once we get them."

The DA's office is dealing with another reportedly one-punch assault case right now, as well.  Last month, Batavia resident Scott Baker suffered a fractured skull when he was punched on Harvester Avenue. In that case, Shane Bell is accused of delivering a single punch that was the direct cause of Baker's injury.

Baker remains in critical condition and in a coma at ECMC.

Lawson is accused of delivering a hit that caused the victim to fall to the ground and hit his head.

Assistant District Attorney Robert Zickl said that of course the DA's office believes it can get a conviction on the crime as charged.

"We're very confident presenting that to the court and ultimately to a jury," Zickl said.

Last week, a page that had been set up by Pam McNeil to supply followers with status updates about her husband's medical condition, reported that McNeil was improving and that she was hopeful he would soon return home to Alabama.

Two nights ago, McNeil complained in a status update that the media was using the page to "harass" her and announced she would be removing the page from Facebook. As of today, the page no longer exists. She offered no details on what she considered harassment.

It took nearly three hours for Benjamin Muntz to find out that Judge Robert C. Noonan would be tacking another two to four years onto his prison term.

In the arcane labyrinth of our judicial system's sentencing guidelines, there was no clear cut answer on what to do with Muntz's case.

It's that complicated.

In January, Muntz entered guilty pleas to counts of burglary, 3rd, and grand larceny, 4th. Rather than show up for his sentencing in March, he flew south. He also became a suspect in another burglary and was charged with another felony.

Eventually, he was caught and returned to Genesee County.

He was sentenced in April by Noonan to three and a half to seven years in state prison and charged with bail jumping.

If the only charges against Muntz were those earlier felonies and the bail jumping, the sentencing guidelines are clear: Any sentence Muntz received on bail jumping would need to be served consecutively (not at the same time, or concurrently) with his other sentence.

As part of a plea deal, Muntz had received a one and a third to three year sentence cap on the bail jumping charge.

The curve for Noonan was that newer burglary, 3rd, charge.

If Noonan gave Muntz another three and a half to seven on that charge, could the bail jumping sentence be concurrent with that sentence, or would it need to be served consecutively?

Noonan didn't have the answer. The attorneys for the prosecution and the defense didn't have the answer. The prison guards who transported Muntz in his DOCs green jumpsuit to County Court today certainly didn't have the answer.

After consulting his law books and case law in chambers and conferring with attorneys -- in between hearing other cases -- Noonan concluded that if the second burglary sentence was consecutive then the bail jumping sentence would be consecutive to that.

In other words, Muntz would be looking at more than eight years and up to 17 years in prison.

Through his attorney, Thomas Burns, Noonan offered Muntz a deal: waive his sentence cap on the bail jumping conviction so Noonan could sentence him at two to four years and Noonan would make his other burglary charge, at three and a half to seven, concurrent with his prior sentence.

Once Burns got it all thoroughly explained to Muntz, with a little assistance from one of the prison guards, Muntz agreed to the arrangement.

For prior coverage on Muntz, click here.

A 47-year-old South Byron man continued to proclaim his innocence on sexual abuse charges today right up until moments before Judge Robert C. Noonan sent him to state prison for four years.

John Chrisley, of Mechanic Street, was convicted following a jury trial in July of sexually molesting a young child.

The mother of the child spoke in court today saying that Chrisley used offers of auto repair services to befriend her family and gain access to her young daughter.

"I've been haunted by this baseless allegation since this started," Chrisley told Noonan. "Her statements are 100-percent false."

Chrisley said that the child's mother has also accused him of violating orders of protection and of smoking and dealing marijuana. He said he submitted to a drug test that came out negative.

"I didn't break the order of protection," Chrisley said. "I didn't deal marijuana. I didn't smoke marijuana. I didn't molest that little girl. I don't know why she's accusing me of those things. ... I think the jury judged me not on the law but on emotions."

He vowed that his case would be overturned on appeal.

Noonan said it isn't his role at this point in proceedings to decide whether Chrisley's conviction was proper. His job simply was to sentence him. But he indicated he found the evidence that came out at trial against Chrisley pretty compelling.

"I don't accept your conclusion, your statement that you've been subjected to some sort of torture from baseless allegations," Noonan said. "I heard all of the testimony at the trial and while it wasn't my job to determine if you were guilty, because that's for the jury to decide, it's hard to believe that you were convicted on anything other than the evidence at the trial. There was no emotional display from the jury. They appeared to make a decision by objectively weighing the evidence that was presented at trial."

The mother of the victim said her child now has trust issues, fears men -- even her own father when he tickles her -- and has anger control issues.

She said he could never forgive him for what he did, accusing him of seeing no wrong in harming innocent children.

"If it were up to me, you would be in prison for the rest of your life and then, and only then, would it be a guarantee that you would never touch another child again," she said.

A 53-year-old Darien resident is accused of making a sexual advance two weeks ago toward a 14-year-old boy while at the Le Roy Community Pool.

Robert F. Williams, of 10933 Townline Road, Lot 18, Darien, is charged with one count of endangering the welfare of a child.

Williams is accused of offering the boy oral sex while at the pool on Aug. 21.

Following arraignment, Williams was released under supervision of Genesee Justice.

Two females and one male are reportedly brawling in front of 121 Liberty St. Police are now on scene.

UPDATE 2:48 p.m.: The parties involved say it was only a verbal altercation.

UPDATE 2:49 p.m.: The police say they are being uncooperative.

Jason Daniel Lang, 29, of Liberty Street, Batavia, is charged with grand larceny, 4th. Lang is accused of stealing merchandise from Walmart during two separate visits. Lang was jailed on $2,500 bail. (For previous coverage of Jason Lang, click here).

Donald William Schulz, 34, of Garden Springs Drive, Mount Sterling, Ky., was arrested on a bench warrant for alleged failure to pay fine. Schulz is accused of failing to pay a fine or restitution on a manslaughter charge. Schulz was extradited and returned to Genesee County and is being held in Genesee County Jail pending arraignment in County Court.

Daniel Johnston Duryea, 32, of Grant Avenue, Humbolt, Neb., is charged with felony DWI, felony driving with a BAC of .08 or higher, moving from lane unsafely, failure to keep right and driving left of pavement markings in no passing zone. Duryea was stopped at 12:33 a.m., Sunday, on Route 238 in Alexander by Deputy Jason Saile.

Marc Harry Rice, 35, of Judith Drive, Cheektowaga, is charged with DWI, driving with a BAC of .18 or higher and failure to keep right. Rice was stopped at 8:13 p.m. Saturday on South Alleghany Road, Corfu, by Deputy Patrick Reeves.

MacKenzie Douglas Barrett, 17, of Eagle St., Medina, is charged with grand larceny, 4th. Barrett is accused of stealing about $2,000 in cash since June while employed at Darien Lake Theme Park.

Wesley C. Burgess, 29, of Jefferson Street, Attica, is charged with unlawful possession of marijuana. Burgess allegedly possessed a bag of marijuana and a pipe with marijuana residue while passing through a checkpoint at 12:08 a.m. Saturday on West Main Street Road, Batavia.

Investigators are looking for leads on who may behind a series of ATV thefts in the western part of Genesee County, said Chief Deputy Jerome Brewster.

Only two stolen four wheelers have been recovered from what Brewster called "a rash" of thefts in the Pembroke, Corfu and Indian Falls areas.

There have been no arrests and Brewster said it's likely the same individuals are responsible for all the thefts and that they are probably from outside the county.

"As always, owners should keep their property locked up when not in use and neighbors should report suspicious activity immediately," Brewster said.

For tips and information, the Sheriff's Office can be contacted at (585) 343-5000.

They're not exactly Starsky and Hutch, but they are quite a duo. Crime fighters, even.

Nicole Johnson and Jennifer Hodgins work the breakfast shift at the Pok-A-Dot most mornings. They pretty much know all the customers and the customers know them. A morning at the Dot when both are working is, well, entertaining.

That's one reason Jen was more than a little perturbed when a customer -- not a regular, but not a first-timer either -- stole Jen's iPhone.

The phone cost Jen $700 cold hard cash because she's not on a contract.

"My boyfriend, John, was using the phone and he set it down," Jen said. "I went to the bathroom and came back five minutes later. The phone was gone."

Jen tried calling the phone and found it was turned off.

"Our customers like to play pranks on us all the time, so at first we were thinking that was what was going on," Johnson said.

Niki and Jen have their phones set up so each can use the iPhone app "Find My Phone" to find each other's phones.

When Niki arrived at work, Niki used "Find My Phone" to lock Jen's phone and alert her if it was turned back on.

They also filed a police report.

About an hour later, the phone came on. It was on North Spruce Street.

Jen and a customer headed over to North Spruce and found the car they believed had been driven by the customer who stole it. They followed the car, but the driver sped away.

The information was given to police and an officer warned Jen about trying to chase down criminals. He also said the police would follow up.

"The phone was locked up and he couldn't do anything with it," Johnson said. "All this kid could do was turn off and on."

By the next evening, no word from the police and with the phone off, Niki couldn't track it.

Then it popped back on.

The phone was moving down Route 33 and Jen and Niki feared it was headed toward Rochester never to be seen again.

John hopped in his car and started down Route 33.

Niki started pinging the phone -- making it sound a tone repeatedly -- and sending it messages.

"We kept saying, 'we want the phone back no questions asked. Just leave the phone some place where we can find it. We won't pursue you. We just want the phone back."

About five minutes later, the phone stopped moving. The person who had it ditched it by the side of the road and John found it.

The women were elated.

"We were literally two 30-year-old women who kind of went back to our 14-year-old selves," Johnson said. "We had a major happy dance. It went on for about five minutes."

Johnson said they were so excited because, "I don't know one person who's had a phone stolen, literally, actually stolen, and gotten their phone back."

Interestingly, the feature Johnson and Hodgins used to get the phone back is under attack.

Apple is being sued by a group of lawyers who claim their client owns the patent for the feature that allows a computer to track a phone.

The patent was filed in 1995.

According to the Gigaom article, there are people known as patent trolls who buy patents that never made it from the drawing board to an actual product and then look for products that appear to infringe on the patent. Then, they sue. That appears to be the case with the "Find My Phone" lawsuit, but if the suit prevails it could spell the end for a very useful feature for recovering lost or stolen phones.

There are an estimated 1.8 million smartphones stolen every year. Thieves can use the phones for identity theft or sell the phones overseas for good money.

Other smartphone makers are looking into creating "kill switches" similar to what Apple provides its customers with iPhones.

Here's an article on how to use "Find My Phone." If you have a Droid, there are apps available to help protect your device against theft.

Ricky A. Leach Jr. Jessica M. Ring

Ricky A. Leach Jr., 33, and Jessica M. Ring, 28, both of 1605 Green Circle, Goodletsville, Tenn., are charged with criminal possession of the precursors for methamphetamine and making methamphetamine. State Police responded to the wooded area near Target after receiving a report of suspicious activity. Leach and Ring were allegedly caught in the act of making meth. Both were jailed on $10,000 bail each.

Kiernan William Kinney, 24, of Woodstock Gardens, Batavia, is charged with sexual abuse, 1st. Kinney is accused of subjecting a 21-year-old woman to forced sexual contact.

Juan A. Roman, 36, of 17 Elm St., Batavia, is charged with harassment, 2nd, and unlawful possession of marijuana. Roman is accused of head butting another person during an alleged incident at 2 p.m. Wednesday on Walnut Street, Batavia.

Michael D. Snyder, 41, of 13 1/2 Union St., Le Roy, is charged with petit larceny. Also charged, Edward T. Lette Jr., 43, of 3827 W. Main St., Batavia. Snyder and Lette are accused of stealing two 30-packs of beer from Tops. The suspects reportedly fled the store on bicycles and were apprehended minutes later by state troopers and Batavia PD officers.

Rachell Onie Soggs, 25, of West Main Road, Batavia, is charged with petit larceny. Soggs is accused of stealing $28.74 in merchandise from Walmart on Aug. 17. Soggs reportedly left the store before she could be located by authorities. Soggs was also arrested on charges of falsifying business records and criminal possession of stolen property. Soggs allegedly tried to sell stolen property at a local business.

Harold Laverne Howard, 41, of Alleghany Road, Basom, is charged with DWI, refusal to take breath test, speeding (73 mph in a 45 mph zone), failure to stop for stop sign and no plate lamp. Howard was stopped at 2:37 a.m. on Route 77, Basom, by Deputy Joseph Corona.

Latoya D. Jackson, 27, of 209 Liberty St., Batavia, is charged with criminal possession of a weapon with intent to use a weapon and harassment, 2nd. These are additional charges stemming from an alleged incident Aug. 19 in which Jackson allegedly cut two people with a knife.

Kevin E. Conners

He was allegedly drunk, in a big truck and packing a hand gun.

Now he's in trouble with the law.

Police arrested 49-year-old Kevin E. Conners, of 206 Richmond Ave., Batavia, after initially receiving a report of an erratic driver in the city at 11:30 p.m., Tuesday.

A witness told police they saw a black Chevrolet Silverado heading north on Oak Street and then turn east onto Richmond Avenue.

The truck proceeded east driving over the grass parkway on the south side of Richmond and just as it tried to pull back into the roadway, it struck a parked car.

The truck then headed down Richmond at a high rate of speed, according to the witness statement, the truck blew through stop signs on North Street at Bank and at Summit. It turned right onto Ross and allegedly failed to stop at a stop sign at Ellsworth.

When the truck reached Washington, it turned right and proceeded west before the driver reportedly tried to pull into a driveway. It over shot the driveway so the driver reportedly backed up and tried again. It missed again.

The witness statement indicates the driver gunned it, jumped the curb and ran into the porch of a house at 303 Washington Ave. The truck's tires spun on the pavement and the truck ran further up the porch.

When Officer Arick Perkins arrived on scene, he approached the driver's side of the truck and said he saw the driver removing a gun from his waist area. More officers arrived on scene and Conners was ordered from the truck.

He was taken into custody without incident.

A gun was recovered from under the driver's seat. It was registered and legal, according to Officer Eric Hill.

Conners was transported to Batavia PD headquarters where he allegedly failed a field sobriety test and registered a .13 BAC on a breath test.

He was issued citations for DWI, driving with a BAC of .08 or higher, reckless driving, moving from the lane unsafely (three citations), failure to keep right, passed on right and following too closely. He was arraigned in City Court and remanded to jail.

Conners' vehicle was towed from the scene.

But the story doesn't end there.

At around noon, Wednesday, Conners was released from jail under supervision of Genesee Justice. He retrieved his truck from impound.

At 12:11 p.m., police received a report of a truck striking a telephone poll near 204 W. Main St.

Conners was reportedly the driver. He was injured and transported to UMMC.

No charges have been filed related to the second accident, but the investigation is continuing.

Shane M. Bell

Perhaps it was self-defense. That's the argument William Tedford tried to make in a felony hearing in City Court this morning on behalf of his client, Shane M. Bell.

Bell is accused of punching 52-year-old Scott Baker on Sunday night shortly after the two men left a party at The Harvester on Harvester Avenue.

The purpose of a felony hearing is to determine if there's enough evidence to sustain the key elements of the crime as charged.

Tedford tried hard to expand the scope of the hearing to draw out more possible facts of the case, but Judge Robert Balbick sustained each of District Attorney Lawrence Friedman's objections as Tedford asked questions about Baker's prior criminal history, who other witnesses may be and whether his client was properly given his Miranda warnings.

All of those issues are interesting, Balbick said, but not relevant to a felony hearing. The defense will have every opportunity to raise those and other issues as the case moves forward.

The only two issues before the court were whether Bell hit Baker -- and Tedford acknowleged there was contact -- and whether Bell intended to cause serious physical injury when he allegedly swung his fist at Baker's head.

Tedford aimed to base a self-defense claim on testimony by Det. Pat Corona that Bell said Baker followed Bell out of the bar and across the street, that on the way, Baker chest bumped Bell at least once and possibly twice, and then Baker tapped Bell on the neck just before the punch was thrown.

"I submit your honor that there is sufficient information before the court today that while certainly my client had alleged involvement, the individual Scott Baker also has a role in this matter and the court should revisit that issue," Tedford said. "With assault in the second degree it's necessary to prove intentional injury and in this case the intent element is not so clear."

Friedman quickly rose from his chair when it was his turn to refute Tedford's argument.

"Mr. Tedford is right that his client was involved," Friedman said. "He's the one responsible for the serious physical injuries to Scott Baker. He's right that Scott Baker had a role. His role is that of the victim of this assault ...

"He said he was chest bumped before he punched him and he was touched on the back of the neck," Friedman added. "Your honor, this would not be a reasonable response even if you believe that is what happened. It does not in any way justify what happened to Scott Baker. (Bell is) not claiming his life was threatened or that he feared serious physical injury or even injury. He was bumped by Scott Baker and he turned and punched him."

Balbick upheld the felony charge of assault in the second degree and ordered Hill's no-bail status be continued.

During the hearing, Tedford asked whether Corona knew that The Harvester had been serving free beer from 10 a.m. to 6 p.m. Corona did not.

Corona said that Bell told him Baker and Hill had been in the bar hours prior to the incident and that they had exchanged a number of "drunken hugs."

In the courtroom during the hearing were the families for both Baker and Bell.

Baker remains in the trauma unit at ECMC unconscious with a serious head injury. One reason Bell is held without bail is that there's concern Baker will not survive, in which case Bell will be facing upgraded charges. Bell also has a prior felony conviction and 18 prior arrests, according to Balbick.

Robert Hinett apparently picked the wrong time and the wrong place for some flirting Friday night in Le Roy.

A passing police officer reports that at 11:30 p.m. he observed Hinett inside a convenience store on Lake Street staggering around and then go behind the counter toward the female clerk.

The officer entered the store and the clerk informed him that the man in the store seemed to be intoxicated and had tried to kiss her even as she tried to thwart his advances.

Upon further investigation, the officer determined that that 25-year-old resident of Montclair Avenue, Batavia, allegedly drove to Le Roy intoxicated.

Hinett was charged with one count of felony drunken driving and refusal to take a breath test. He was arraigned and released under supervision of Genesee Justice.

A 52-year-old man is fighting for his life after being punched in the head Sunday night during an apparent fight outside The Harvester, a bar on Harvester Avenue.

Scott Baker suffered a fractured skull from a single punch, according to a police report filed at City Court.

He's listed in critical condition at Erie County Medical Center.

Taken into custody and held without bail on a second-degree assault charge is 47-year-old Shane M. Bell (in photo), of 161 Jackson St., Batavia.

Police were called to the scene at 8:50 p.m. 

The Harvester was hosting its annual pig roast.

Bell made a sworn statement to police saying, "Scott followed me out to the car. Scott came up to me and chest bumped me. Scott grabbed my shoulder and I turned and punched him in the head."

Police officers also reported hearing Bell make several statements about hitting Baker, such as:

• "I bitch slapped him."
• "I hit him so f--- softly it's not even funny."
• "He went down quickly."
• "I hit him half medium."
• "I'm registered, man. I kick boxed for like seven years."
• "I hit him right in the f--- eye."
• "I used to f-- people up."
• "He was with me for more than three hours."
• "I dragged him from the curb to the grass."

A witness said she heard Bell say, "He pulled my hair so I punched him."

The same witness tried to give aide to Baker until EMTs arrived and told police there was a lot of blood.

Mercy medics told police on scene that Baker was seriously injured and Det. Pat Corona was called to the scene.

"We were told right away it was very serious," Corona said. "We proceeded (with the investigation at the scene) as if it was as serious as it could be, as if it were a homicide."

Corona said investigators are interested in talking with additional witnesses. He's asking that people with any information to call Batavia PD at (585) 345-6350.

Tina M. Martin, 33, of 96 Carlyle Ave., Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Martin was stopped at 11:47 p.m. Saturday on Pearl Street in Batavia by Officer Arick Perkins.

Eric L. Barnes, 22, of Valiant Drive, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, operating on suspended registration and unlicensed operator. Barnes was stopped for an alleged suspended registration at 4:57 p.m. Friday on Route 77, Pembroke, by Deputy Kevin McCarthy.

William John Dale, 40, of Lattice Bridge Road, Fillmore, is charged with petit larceny. Dale is accused of shoplifting at Kmart.