crime

Michael V. Poleo, 26, of 3409 W. Main St., Batavia, is charged with criminal mischief 3rd, DWI, unlawful possession of marijuana and failure to keep right. Poleo was reportedly stopped by Deputy Patrick Reeves on Route 5 in the Town of Batavia following the report of an erratic driver. At the time of his arrest, he was reportedly found in possession of marijuana. Allegedly, upon arriving at the Genesee County Jail, Poleo became irate and kicked a holding cell door and cracked the window. The damage is estimated at more than $250.

Brittany L. Ellis, 20, of 15 Bostwic Place, Hornell, is charged with petit larceny. Ellis is accused of shoplifting from Famous Footware on Veteran's Memorial Drive in Batavia.

Zeke A. Gross, 38, 965 Avenue D St., Rochester, is charged with aggravated unlicensed operation 1st and speeding. Gross was reportedly stopped for speeding by Deputy Patrick Reeves on Route 5 in Pembroke. After the stop, it was found that Gross reportedly has 32 suspensions or revocations on his driver's license, including operating without insurance, failure to pay child support, dishonored check, failure to pay fines and failure to answer summons. Gross posted a $350 pre-arraignment bail and was released on an appearance ticket.

Martin F. Jones, 38, no permanent address, is charged with two counts of harassment 2nd. Jones allegedly hit two different women at two different locations. One alleged incident was at 10:30 p.m. Thursday at the other was at 3:30 p.m. Saturday. The alleged incidents are not related. Jones was jailed on $750 bail.

Jeffery J. Fisher II, 20, of 4940 Bigford Road, Medina, is charged with petit larceny. Fisher is accused of shoplifting alcohol from Tops Market.

A 17-year-old from Bergen was arrested by State Police at 9:15 a.m. Tuesday and charged with harassment 2nd and unlawful possession of alcohol by a person under 21. No further details were released.

Thomas S. Hallett, 31, of 383 Bloomingdale, Apt. 2, Akron, is charged with DWI, aggravated DWI and leaving the scene of a property damage accident. Hallett was allegedly involved in a disturbance at the Log Cabin, which lead to his ejection from the restaurant. Upon leaving, Hallett reportedly got into his car, backed up quickly, struck another car and then drove away quickly, spinning his wheels as he left. Deputy Kevin McCarthy contacted Hallett at his home and determined, based on the interview, that Hallett was allegedly driving drunk.

Ashley S. Houck, 21, of 397 Magee Ave., Rochester, is charged with parking in a handicap space. Houck was picked up on a bench warrant at 2:20 p.m. yesterday stemming from a conviction in July. Houck was jailed on $120 bail.

Timothy W. Walton, 26, of 33 Washington Ave., Attica, is charged with criminal contempt 2nd. Walton allegedly sent a text message to an ex-girlfriend he was barred from contacting.

Deborah R. Vogel, 55, of Le Roy, is charged with harassment 2nd. Vogel was arrested by State Police at 11:11 a.m. yesterday in Pavilion. Not further details were released.

The Canandian woman who earlier this week was charged with a series of crimes in Genesee County stemming from a high-speed chase on Dec. 19 faced justice in Orleans County yesterday.

The Buffalo News reports that Crystal Pinnock appeared in Albion Town Court to answer to charges in Albion, Barre and Gaines. She also appeared later in Carlton. 

She was charged with reckless driving, speeding and failure to yield to a police vehicle, among other charges.

Albion Justice Kevin J. Howard committed her to jail without bail.

Michelle M. Kasper, 20, of 4591 Kams Road, Albion, is charged with DWI (as a felony under Leandra's Law), endangering the welfare of a child (three counts), and unlawful possession of marijuana. Kasper was stopped on Judge Road in Alabama by Deputy Tim Wescott at 9:30 p.m. yesterday who responded to a report of a car off the roadway. This is the second arrest of a WNY resident in the past week under terms of the recently enacted Leandra's Law.

Honour Haley Myers, 21, of 6392 Hamm Road, Lockport, is charged with unlawful possession of marijuana. Myers was arrested following the investigation of a reported domestic incident in Stafford.

Deputy Brad Mazur apparently makes for a convincing pizza delivery driver.

On Nov. 15, Mazur showed up at the home of a Byron woman with a fresh pizza from Fullerino's Pizza and asked her to sign the credit card slip.  The woman signed, just as she reportedly has before for orders from Fullerino's.

Mazur's ruse worked.

The credit card number used by the woman was allegedly stolen.

After Mazur identified himself he asked the lady a few questions. The interview led to the discovery of several such allegedly fraudulent transactions that began with the woman reportedly stealing credit card numbers while employed at Batavia Citgo.

Mazur delivered his pizza to Alisha A. Ballard, 21, of 7174 Byron Road.

Ballard faces several charges, including petit larceny, forgery 2nd, unlawful possession of a  personal ID, identify theft 2nd and falsifying business records 1st.

After being arraigned in Batavia City Court, Ballard was released under the supervision of Genesee Justice.

The investigation began Oct. 30 after a local resident complained that his credit card number had been used without his authorization to order food from Fullerino's. Mazur and Deputy John Duyssen conducted the investigation.

The alleged credit card thefts date back to Aug. 18.

The Canadian woman who allegedly led local law enforcement on a high speed chase through Genesee County and into Orleans County on Dec. 19 has been charged with a series of vehicle infractions and a misdemeanor steaming from the incident.

Crystal Pinnock was arraigned today in Stafford Town Court before being released to Orleans County for arraignment on charges in that county.

Pinnock was charged with:

• Town of Le Roy, speed over 55 mph and unsafe passing.
• Town of Stafford, unlawful fleeing of a police officer (a misdemeanor), speed over 55, failure to yield to emergency vehicle, driving left of pavement markings and a misdemeanor count of reckless driving.
• Town of Batavia, speed in zone, driving left of pavement markings.
• City of Batavia, speed in zone, reckless driving (misdemeanor) and three counts of passed red light.

State Police will also press charges for alleged infractions in Elba.

Previously:

• Woman who reportedly crashed through border crossing chased through Genesee County
• Border Patrol says it notified local law enforcement of alleged illegal border crossing

Ryan Tenney, who admitted to embezzling more than $100,000 from his former employer, Elcon, Inc., still hasn't been sentenced for his crimes.

While his attorney would like to delay his sentencing at least one more time, Judge Robert Noonan ruled this morning that the sentencing scheduled for 9 a.m. Jan. 4 will stay on the court calender.

"I'm not yet certain Mr. Tenney should be out (of incarceration) in long-term treatment," Noonan said. "It won't take much from Hope Haven to report a rules violation to go straight to sentencing."

Tenney was released from jail on Dec. 2 to enter substance abuse treatment at Hope Haven. A report on his progress was not available to Noonan this morning, so even though Hope Haven is recommending Tenney now be placed in Trapping Brook, another treatment house, Noonan didn't want to delay the scheduled sentencing.

Tenney's attorney Gary Horton said after court that a bed could open for Tenney at Trapping Brook within days.

Previously:

• Batavia man admits to stealing $106,000 from employer
• Elcon owner says he needs embezzler's help to work computer accounting system
• Tenney jailed, but not yet sentenced in embezzlement case
• Judge tells embezzler: get help or go to prison

Two people accused of dealing cocaine were arrested at the Days Inn at 200 Oak St., Batavia, early this morning.

Both were arraigned in City Court at 11 a.m.

Taheed M. Moffett and Lekisha M. Avant are both charged with criminal possession with intent to sell and criminal possession of a controlled substance.

Judge Robert Balbick set bail for Moffett at $50,000 and for Avant at $15,000.

According to First Assistant District Attorney David Gann, if convicted, Moffett will have a second felony conviction. He also has a pending robbery charge.

Moffett, who was not represented in court by an attorney, which is common at this stage of criminal procedures, asked for reduced bail.

"I've been at every court date and haven't been late for one court date," Moffett said. "I hope that can be taken into consideration. I'm not a flight risk. I have family in the area and I've been coming to court."

Later, Moffett said he didn't understand why he was arrested.

"I know you've got nothing to do with this, Judge Balbick, but I didn't possess anything," Moffett said. "The other person had it."

Balbick explained that the state will have to prove its case at a preliminary hearing, but for now he was being arraigned on these charges.

Avant said she's only had a prior disorderly conduct charge, and that she lives with her mother and recently completed Job Corps.

If convicted, Moffett could be sentenced from two to 12 years, according to Gann. Avant's possible sentence is nine years.

Earlier today, Sheriff Gary Maha said there will be a press release forthcoming about the raid at the Days Inn at 12:30 a.m.  At this time, we don't know if any other individuals were involved.

UPDATE 12:30 p.m.: The Sheriff's Office has issued a press release on this case:

Moffett is 25 and a resident of 33 Turner St., Rochester. 

Avant is 22 and a resident of 314 Woodbine St., Rochester.

Members of the Genesee County Local Drug Enforcement Task Force executed a search warrant over night on Room 121 of the Days Inn.  Batavia Police received a tip about crack cocaine sales at the hotel. The Sheriff's Office says more than $1,000 in crack cocaine was found in the search.

Gregory M. Brew, 24, of 4799 Linden Road, E. Bethany, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, operation on a conditional-use permit. Brew was arrested by Deputy Frank Bordonaro after it was determined he had allegedly been driving a car found at the edge of the road on Bethany Center Road at 2:30 a.m. yesterday.

Sath Paul Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with harassment, criminal mischief and disorderly conduct. Dhanda was arrested Christmas Eve at 10:36 a.m. after Deputy James Diehl responded to a call of a reported disturbance at the Travel Lodge. Dhanda allegedly spit on someone. He also allegedly damaged a TV set at the hotel.

Witnesses tell us they saw Batavia Police and Genesee County Sheriff's patrols as well as other vehicles show up in force at the Days Inn in Batavia about 12:30 this morning.

Sheriff Gary Maha confirmed this morning that there was a drug raid at the location in execution of a search warrant, but said no further details are available until later today, when a press release comes out.

The subjects have not been arraigned yet.

A Batavia woman is the first person in Western New York charged with an enhanced felony DWI under a new statute that took effect Dec. 18 known as "Leandra's Law."

The law turns a misdemeanor DWI into a felony DWI if children are in the car.

Michelle T. Crawford, 24, was reportedly picked up by State Police in the Town of Marilla in Erie County.

Troopers were alerted Sunday afternoon to a domestic dispute in the Town of West Seneca in which the woman involved drove away with her three children, and she was reportedly agitated and had been drinking. The initial report had her heading back to Batavia.

Shortly after the initial report reached State Police, a trooper spotted a vehicle matching the description of the one that left West Seneca on Clinton Street near Two Rod Road.

Following a traffic stop, Crawford was charged with felony DWI, three counts of endangering the welfare of a child and other traffic offenses. Crawford allegedly refused a breath test.

She was jailed in the Erie County Holding Center on $25,000 bail.

The children, ages 4, 3 and 17 months, were picked up by a relative.

Police now have a suspect in the case of shots fired on Tracy Avenue last Wednesday. It's the same person they've been looking for all along; he's now formally a suspect.

And he's also suspected of stealing a truck from Western NY Concrete on East Main Street prior to the shooting.

The truck was found on Ellicott Avenue about three hours after the shooting, according to Det. Richard Schauf, and police believe it's the same truck used by the alleged shooter on Wednesday. The truck is being checked for evidence.

There's no new information available on the suspect.

Police are also not saying how many shots were fired, just that several hit the car.

Detectives now want to talk to a third person they believe was in the car with the two 18-year-olds mentioned in previous reports. The third person is male and a teenager. He has not made himself available for an interview. It's not believed he was wounded during the attack.

Law enforcement agencies throughout Western New York have been advised to be on the lookout for the shooting suspect.

Police also continue to try and retrace the steps of the occupants of the car in an attempt to further the case.

Joel Moreles-Cruz, 35, of 13 Jackson St., Apt. 2B, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Moreles-Cruz was stopped by officer Darryle Streeter at 1:54 a.m. on Christmas on Ellicott Street after police received a report that Moreles-Cruz was allegedly driving without a license.

Sharnice S. Gibson, 18, of 21 Wood St., Batavia, is charged with criminal attempt in the 1st degree. Gibson allegedly approached a woman she was barred from contacting and threatened her.

Steven Michael Chauncy, 19, of 10637 Pavilion Center Road, Pavilion, is charged with unlawful dealing with a child in the 1st degree. Chauncy is accused of hosting an under-age drinking party. He was arrested at 2:30 a.m. on Saturday.

Travis G. Hawley, 18, of Bergen, is charged with an alcohol control violation and petit larceny. Hawley was arrested by State Police for an alleged violation on Dec. 4. No further details were released.

Batavia Police are looking into a report that somebody broke into a construction trailer at 16 Bank St. and made himself a pot of coffee.

There is photographic evidence.

The suspect may be a homeless man asked to move along from the Post Office building yesterday.

Nothing, other than some coffee, appears to be missing from the construction trailer.

Last night's shots fired on Tracy Avenue was likely no random act of violence, according to Batavia Police Det. Richard Schauf.

"Our investigation right now is leading us toward a possible relationship as opposed to a road rage incident," Schauf said during a press conference this morning. "Based on early investigation and comments that were made, it's looking more pointed than random."

At 10:30 p.m., two 18-year-old men were driving on Tracy Avenue being followed by a truck, when they pulled into a driveway to try and evade the tail, somebody in the truck opened fire on the car. The car, a 1999 Mazda 626, managed to plow through a snow bank and escape the scene of the shooting.

Neither occupant was injured. One of the victims is a Town of Batavia resident and the other is from the Village of Albion.

Police are looking for a person of interest and have sent bulletins to law enforcement agencies throughout New York.

Schauf said that based on the number of shots fired at the car, the shooting was intended to actually cause harm instead of just intimidating the young men. The two people may still be in some degree of danger with the shooter still at large.

The police have the name of the person of interest, but are not releasing that information.

While the 18-year-olds are being cooperative, Schauf said, their first statements were the most useful in identifying the person of interest.

"Initially in the excitement of it, there were some statements made by the victims that led to a person who might be of interest," Schauff said. "As the investigation has gone on it hasn't been as clear as it was during the initial excitement."

To help identify the likely shooter and uncover a connection, police are interviewing the youths as well as their friends to try and retrace their steps yesterday.

There is no definitive description of the shooter's truck, if it was indeed a truck. Police are unsure if  there was one person or more than one person in the vehicle.

Police would like residents to report any unusual driving they saw last night in the area of Tracy and East avenues. 

Shauna L. McDonough, 39, 504 West Center St., Beech Haven, N.J. is charged with DWI, aggravated driving with a BAC of .18 or greater and unlicensed operation. Sheriff's deputies responded to a report of a single-car accident on Route 63 off Fargo Road. The car was reportedly well off the roadway. Sgt. Greg Walker investigated the accident and determined that McDonough was traveling at an unsafe speed and was allegedly driving drunk.

A 17-year-old girl from Batavia has been charged with petit larceny. She allegedly stole from her employer, Kmart.

Tammy J. Alexyn, 34, of 48 Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. Alexyn was stopped on Brown Road in the Town of Batavia by Deputy Jason Saile at 1:34 a.m. today.

Kristy L. Sherman, 23, of Bloomfield, has been charged by State Police with harassment. The alleged harassment took place in Le Roy Dec. 18 at 8:31 p.m. No further information available.

An Oak Street resident is accused of assaulting his girlfriend both in her car and later at the Batavia Police station, where she had gone to report the first alleged attack.

Michael P. Gattuso, 28, of 108 Oak St., upper, was jailed on $1,000 bail after being charged with assault in the 3rd degree and criminal mischief in the 4th degree.

Gattuso is accused of punching out the windshield of his girlfriend's car, hitting her in the head and then following her into the police station after she drove there to report the crime. Once inside the police station, while his girlfriend was on the phone with Genesee County dispatchers, Gattuso reportedly started punching her in the head again.

The alleged attack occurred at 5:50 p.m. yesterday.

Several police officers responded to the station and took Gattuso into custody.

Police responded to a report of shots fired in the City of Batavia at 10:30 last night and say that a car was struck by the bullets.

Investigators reportedly have identified a person of interest in the case.

There were no injuries reported.

Area law enforcement agencies have been notified to be on the look out for the person of interest and warned that the person may be armed.

UPDATE 8:54 a.m.: Police have released additional information about the case.

The car that was shot at was occupied by two 18-year-old men. They reported being followed by what appeared to be a pickup truck on Tracy Avenue.

In an attempt to get away from the pickup truck, the driver pulled into a driveway. It was then that a person in the truck fired at the car. The driver plowed through a snow bank to try and get away.

Neither occupant was struck, but the car was damaged. Police are examining the car in an attempt to recover any evidence.

Batavia Police are planning at press conference at 11 a.m. to answer media questions and release any new information, if available.

A traffic stop by State Police on Bank Street near College Road about 7:30 this morning led to the detention of 12 individuals who may have entered the country illegally.

All 12 are from Mexico, according Mike Gilhooly, spokesman for Immigration Control Enforcement.

Ten of the individuals were turned over to the U.S. District Attorney for criminal prosecution, one suspect is already awaiting a court hearing on a previous charge of entering the country illegally and the 12th was a minor who was turned over to the Office of Refugee Resettlement for processing.

One of the group had previously been deported, Gilhooly said.

The names of the individuals were not immediately available.

The driver of the white van was not picked up by immigration, Gilhooly said. He referred us back to State Police for information on that person and we are awaiting an answer to our e-mail on that subject.

Thank you to a reader tip for bringing this item to our attention.

Brandon C. Dodd, 23, of 128 1/2 State St., Batavia, is charged with petit larceny. Dodd is accused of stealing two video games from his roommate and selling them for cash at a local video game store.

Edwin Morales, 52, of 11293 Ridge Road, Medina, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morales was stopped on Route 63 in Alabama after Deputy C.J. Minuto observed Morales's vehicle allegedly cross the center double yellow line.

Kenneth W. Bater, 18, of 7795 Creamery Road, Bergen, is charged with DWI, consumption of alcohol in a vehicle and driving with a BAC of .08 or greater. Bater was arrested after Deputy Frank Bordonaro responded to a report of a suspicious vehicle at the side of the road on Creamery Road in Bergen. A passenger in the car, Kenneth E. Hale, 18, of 6101 North Lake Road, Bergen, was also charged with consumption of alcohol in a motor vehicle.

UPDATE The following is additional information on an accident we reported previously, and we just received the information from the State Police:

Steven M. Smith, 21, of Batavia, is charged with DWI and aggravated DWI. Smith reportedly hit two parked cars in the area of the old 84 Lumber store on Ellicott Street at 12:58 p.m., Sunday.