crime

Stephen A. Lewis, 31, of Corfu, is charged with disorderly conduct. Lewis is accused of fighting and violent behavior. The alleged incident was reported at 5:59 p.m., Tuesday, at 8132 Buffalo Road, Bergen. Lewis was held without bail.

Robert Lee Ealey, 26, of Phelps Avenue, Rochester, was arrested on a county court bench warrant. Ealey was released from the Monroe County Jail and turned over to the Sheriff's Office. Ealey was jailed pending arraignment.

Cody L. Amrhein, 20, of Alexander, is charged with assault, 3rd, and menacing, 2nd. Amrhein was arrested by State Police stemming from an alleged incident at 9:02 p.m., Tuesday. Amrhein was released on his own recognizance. No further details were released.

Regarding yesterday's accident on Route 98, the drivers involved where Daniel J. Dragon, 26, of Albion, and Wanda A. Pangrazio, 47, of Albion. The State Police Web site lists no citations issued nor arrests made. The Trooper who handled the investigation is out of the office today, so no further details are available.

A young Batavia mother who was among the first people in the state charged under Leandra's Law for driving under the influence with children in the car will spend a year in jail for violating probation by allegedly driving drunk again.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, sobbed throughout the court proceedings this morning and asked Judge Robert C. Noonan for another chance at rehabilitation.

Besides the violation of probation conviction, Crawford is still facing charges that she drove drunk March 8 and was involved in a rollover accident in Byron. Crawford was seriously injured in the accident and had her jaw wired shut for a period of time as a result.

Crawford was on probation, having recently completed one alcohol treatment program, at the time of the accident. While she wasn't convicted under Leandra's Law on the prior case, which was heard in Erie County, Crawford was found guilty of driving under the influence and three counts of endangering the welfare of a child.

In court today, Crawford's attorney said his client has a serious drinking problem and needs treatment, not jail time.

"Jail isn't going to fix Ms. Crawford," Attorney Louis P. Violanti said. "I realize society may demand jail time, but without treatment, she's going to end up doing life on the installment plan, one year at a time, three years at a time, until one day she wakes up and she's in her 60s and her life is gone and her children are grown."

Violanti said Crawford was recently accepted to an in-patient program and that her rehabilitation would be a long-term process.

When Crawford spoke, she cried through all of her statement.

"If I don't get this under my thumb, I'm never going to have my family," Crawford said. "Please let me be able to do this. Please from the bottom of my heart. I'm a good person. I just made poor choices and I just want to go home to my family and the people that I love. And I want to prove that I can be successful in life and not be harmful to anybody else, including myself."

Noonan said if Crawford was appearing before him for just the first time he would be a lot more sympathetic to her plea to be with her children, but Crawford promised Noonan once before, he said, to follow the orders of the court and then apparently violated them.

"You're very lucky you didn't kill a family or somebody else in your alcoholic stupor," Noonan said. "Now you must face the consequences.

"We're all very interested in doing something that will get Michelle Crawford going in the right direction in life," Noonan added, "but right now you must be punished."

The year in jail -- Crawford has already served about three months -- is the maximum penalty under the sentencing guidelines for her misdemeanor convictions.

Crawford still faces a misdemeanor DWI charge and a felony count of aggravated unlicensed operation.

Noonan said he and the attorneys are trying to come up with a plan for Crawford on those charges that will satisfy justice and get her help.

A 67-year-old Batavia man has been charged with public lewdness after allegedly being caught masturbating in the infants section at Kmart.

Michael John Liptak, of Pratt Road, was also charged with criminal mischief, 4th.

The incident was reported to the Sheriff's Office at 5:49 p.m., Monday.

Liptak was issued an appearance ticket on the charges.

(Initial Report)

A man is reportedly "touching himself inappropriately" in the infants' section of Kmart. Law enforcement is responding. He is described as an "older" person with red hair, having a "larger build," wearing jeans and a plaid hoodie. He is also believed to be intoxicated. The store is located at 8363 Lewiston Road in the Town of Batavia.

Rodney L. McKenzie, 47, of Orangeville, is charged with two counts of menacing, including a count that alleges the use of a weapon. McKenzie was arrested by State Police in connection with an incident reported at 11:20 a.m., Sunday, in the Town of Alabama. No further details were release.

Paul H. Burch, 32, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and speeding. Burch was stopped by Le Roy Police Saturday in the Village of Le Roy.

Roger K. Rumble, 27, of Lake Street, Le Roy, is charged with DWI, aggravated DWI, aggravated unlicensed operation, refusal to take a breath test and speeding. Rumble was stopped by Le Roy Police Saturday in the Village of Le Roy.

Marche La'Shon Brown, 26, of Doran Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Brown was stopped at 3:15 a.m. Sunday on Route 98, Batavia, by Deputy Matt Fleming.

Coretta Melissa Pitts, 44, of Swamp Road, Byron, is charged with criminal contempt, 2nd. Pitts was allegedly at the residence of a person she was ordered not to contact.

Jeffery M. Johnson, 24, no permanent address, is charged with menacing, 3rd. He was arrested by State Police for an incident reported at 11:27 a.m. Sunday in Oakfield. Johnson was held in jail.

Jerod P. Norcross, 33, of Batavia, is charged with criminal mischief. Norcross was arrested by State Police in connection with an incident reported at 3:50 p.m., April 11, in Alexander.

Michael J. McCarthy, 24, of Pembroke, is charged with DWI, driving with a BAC of .08 and inadequate plate lamp. McCarthy was stopped by State Police at 2:35 a.m. Saturday in the Town of Batavia.

A Southside resident says a suspicious character came to his back door at 1:30 in the morning Saturday and claimed to be a detective investigating a report of a robbery at that address.

The resident, home alone watching TV, said the man was wearing a black hat, trench coat and carrying a cheap flashlight.

The resident called police and multiple units responded to the area but did not locate the suspect.

Det. Todd Crossett said the man did the right thing in calling 9-1-1.

"If we show up, we're going to be carrying identification and we don't wear hats," Crossett said. "We don't wear trench coats. When somebody shows up at your house at 1:30 in the morning, use extreme caution."

Crossett said when you get unexpected visitors in the middle of the night and you don't recognize them, can't see them, or don't see a car outside that your recognize, it's best not to open the door and to call emergency dispatch.

"Absolutely, give us a call," Crossett said. "We'll check it out. If it's a legitimate person who is trying to get ahold of you, well, then, OK, but absolutely give us a call."

The potential victim said the man told him, "I'm here to investigate a burglary. You need to let me in."

When the resident told the man he was calling 9-1-1, the man responded, "I am 9-1-1."

A Wichita, Kan., resident was convicted Friday in federal court of one count of enticing a teenage girl to send him sexually explicit photos of herself.

The teen was from Batavia and Det. Todd Crossett and Office Jay Andrews helped bring the man to justice.

"He was definitely a sexual predator," said Crossett, who, along with Andrews, was in Wichita last week to testify at the trial. "He had a past history of doing this sort of thing and he does it again soon after he gets out of prison. That indicates the kind of person he is."

The man, Shane M. McClelland, 26, faces a mandatory minimum sentence of 25 years in federal prison, and perhaps a life sentence.

The 14-year-old girl from Batavia testified at the trial and identified McClelland as the man she had seen in Web cam pictures.

According to prosecutors, McClelland over the course of days, pressured and persuaded the girl to email him nude photos.

Crossett testified about the chain of evidence and his exchange of text messages with McClelland while posing as the 14-year-old girl.

The case, Crossett said, that in this day-and-age, sexual predators are always close by.

"This is an example of what can happen if kids and parents aren't careful," Crossett said.

A local business owner has been charged with two Class A misdemeanors after allegedly making a phone call to a property owner on Ellicott Street and impersonating a law enforcement officer in an attempt to intimidate her from renting the property to a potential competitor.

Jason Lang, 28, is charged with criminal personation, 2nd, and aggravated harassment, 2nd.

Sgt. Ron Lobur said Lang turned himself in to State Police, was cooperative and was released on an appearance ticket.

According to Lobur, Lang allegedly called a property owner and left a phone message saying he was a State Police "detective" and warned her that a business she may be renting to has a reputation for selling synthetic marijuana and bath salts.  He allegedly warned her that she might not want to rent to this business.

Lobur noted that the State Police do not employ detectives. Rather, their detective work is done by investigators.

Lang, a Liberty Street resident, owns The Laughing Buddha on Ellicott Street and has admitted in the past to selling synthetic marijuana.

Deputies responded Thursday to a report in Darien of gunshots being fired in a residence and found that a man there had allegedly caused $1,500 in damage to the house.

David William Wiepert, 54, of Darien, is accused of threatening another person and damaging personal property.

He is charged with coercion, 1st, a felony, and a felony count of criminal mischief.

The case was investigated by Deputy Patrick Reeves and Sgt. Greg Walker.

Wiepert was arraigned in Darien Town Court and jailed on $20,000 bail.

A 33-year-old resident of Flint, Mich., is being accused of dealing crack cocaine in Batavia.

John "Solo" Sumlin III, was stopped today by members of the Local Drug Enforcement Task Force as he was riding a bike on Porter Avenue.

Sumlin's arrest is the result of a month-long investigation that included undercover agents allegedly purchasing crack on two occasions.

During the course of the investigation, task force members identified Sumlin as an individual wanted in Michigan on a possible parole violation.

When Sumlin was stopped today, he allegedly gave investigators a false name in an attempt to conceal his warrant from local law enforcement.

Following arraignment in Batavia City Court, Sumlin was jailed without bail.

The third member of a trio caught with drugs in a Batavia hotel room nearly a year ago entered a guilty plea to a drug possession charge in county court today, but has a chance to have his plea reduced if he successfully completes a drug program.

Benjamin Santiago was arrested with Justin Barker and Derick Barker on June 1 after the three men allegedly refused to leave the hotel after not paying the bill. When police arrived they found a quantity of drugs in the room.

The Barker brothers were later accused of plotting a conspiracy to kill Santiago.

Justin Barker later admitted to his role in the plot and was sentenced to two to six years in prison.

Santiago was charged with two counts of criminal possession of a controlled substance, 3rd. As part of a plea deal, Santiago entered a guilty plea today to criminal possession of a controlled substance, 5th.

His case is being sent to Batavia Drug Court, where he'll be given a chance to complete a drug treatment program. If he successfully completes the program, he can return to county court, withdraw his guilty plea and plead guilty to a Class A misdemeanor.

He could still be sentenced up to a year in jail under that plea, but if he doesn't complete drug treatment successfully and comply with all of the other terms of his release, Santiago could facing from two and a third to seven years in prison.

Derick Barker, who previously entered a guilty plea to possession of a controlled substance and strangulation (stemming from an attack on an inmate in the Genesee County Jail), is currently serving a sentence that could stretch to eight years.

An 18-year-old West Main Street Road resident has been charged with reckless endangerment after allegedly firing a rifle into a wooded area this afternoon and nearly striking two people in an adjacent field.

Charged was Michael David Senay.

Senay is accused of firing a small caliber rifle at 4:15 p.m into a wooded area several times without having a safe backstop, causing rounds to travel a long distance.

The location was just off Wortendyke Road.

The original report indicated a subject had fired a high-powered rifle striking an ATV.

The alleged victims were on their own property.

The charge is a misdemeanor and Senay was issued an appearance ticket and directed to appear in the Town of Batavia Court at 1 p.m., June 7, to answer the charge.

The case was investigated by Deputy Patrick Reeves and Sgt. Steve Mullen.

Richard A. Crook Jr., is indicted on four counts of grand larceny in the fourth degree and two counts of forgery in the second degree. Crook is accused of stealing the credit and debit cards of another person and then using the credit cards to make purchases at Tops Market on two separate occasions of more than $300.

Anna M. Spencer is indicted on counts of custodial interference in the first degree and identify theft in the first degree. Spencer is accused of enticing a child from the child's lawful custodian and keeping the child for a protracted period of time at a location out of state. Spencer is also accused of using the identify of another person.

Luis A. Martinez is indicted on a charge of felony DWI. Martinez is accused of driving drunk Jan. 15 on Route 63 in the Town of Batavia. Martinez was previously convicted of DWI in October 2002.

Paul J. Doctor is indicted on counts of burglary in the second degree and two counts of grand larceny in the fourth degree. Doctor is accused of breaking into a residence on Jackson Street, Batavia, and stealing items from the residence.

Bryan K. Printup is indicted on a count of felony DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. Printup is accused of driving drunk Jan. 1 in the Town of Alabama. Printup was convicted of DWI in April 2009 and had his driver's license revoked for DWI convictions in September 1995 and June 1996.

A Bergen resident who inflated payroll claims and was convicted by a jury of grand larceny will have to repay at least $3,000, Judge Robert C. Noonan ruled today. But whether she will be required to pay back the remainder of the more than $14,000 her former employer claims she stole is still an open question.

Michele Ann Case, 46, of North Bergen Road, Bergen, may have to pay an additional $7,000, but that question also is yet to be answered.

Case's potential total restitution is complicated by two factors.

First, on the grand larceny charge, the statute only requires the jury to determine the defendant stole at least $3,000, so without reviewing the evidence Noonan cannot order a restitution amount greater than $3,000.

Second, Homecare and Hospice is asking for restitution on the $7,000 it spent in uncovering Case's inflated payroll claims. Noonan isn't sure he has the authority to order restitution for such a claim.

Meanwhile, Public Defender Gary Horton made it clear, Case currently has no resources to repay any amount of money, even the $1,000 deductible on the insurance policy that covered Homecare and Hospice's losses.

When asked by Noonan how much Case could pay in monthly installments, Horton said Case is currently unemployed. Her only income is $600 in child support payments. Her house in foreclosure, the gas and phone have been turned off. The electricity was off, but has been restored.

"Her situation is financially desperate and on the edge of disaster," Horton said. "I can't in good conscience, with her only income coming from child support payments, suggest any amount for installment payments."

District Attorney Lawrence Friedman told Noonan there had been no evidence submitted to substantiate Case's financial condition and he wondered what sort of effort Case has put forward to find a job -- any job -- to help make payments.

Noonan agreed that it was difficult to require Case to make payments from her child support, but also suggested Case needs to find a job. He ordered Case back to court in 30 days to review her ability to make payments.

Meanwhile, Noonan will await the preparation of trial transcripts (necessary for Case's appeal as well) so he can determine if the prosecution submitted sufficient evidence to support a restitution claim of $14,600. 

He also asked Horton to prepare a memo, supported by case law, on why Homecare and Hospice isn't entitled an additional $7,000.

If Noonan determines he can order the additional restitution, there would be a restitution hearing and Horton indicated that Case -- who didn't testify at her criminal trial -- would testify at that hearing on her own behalf.

When Noonan sentenced Case on May 22, he kept her out of prison, he said, for the sake of her two children, age 10 and 15. Case was sentenced to four months of weekends in jail followed by five years probation.

Two teenagers from Oakfield were arrested today following an investigation into a report of a missing child and accused of smoking marijuana with a 12-year-old.

Charged with endangering the welfare of a child were Emily Joan Walker, 19, of Sunset Parkway, Oakfield, and Mark Anthony McNutt, 17, of Webber Avenue, Oakfield.

One incident was reported at 33 Sunset Parkway, allegedly involving Walker, and one incident, allegedly involving McNutt, was reported at 20 South Pearl St., Oakfield. The first alleged incident was reported at 2 a.m., the second at 3:30 a.m.

Both Walker and McNutt were issued appearance tickets.

Deputies Jason Saile and Kevin McCarthy handled the investigation.

Kate Elizabeth Brozic, 29, of Lake Road South, Brockport, is charged with two counts of bail jumping, 3rd.  Brozic allegedly missed two court appearances after being bailed out of jail. She was jailed on $10,000 bail or $20,000 bond.

Amanda Jane Richardson, 27, of Hillside Terrance, Silver Springs, is charged with a violation of probation. Richardson turned herself in on a bench warrant out of Genesee County Court. Richardson was jailed pending arraignment.

Michael James McCarthy, 24, of Angling Road, Pembroke, is charged with criminal contempt, 2nd. McCarthy is accused of violating an order of protection by contacting the protected party.

Gavin David Laben, 18, of Darien, is charged with resisting arrest and obstruction of governmental administration, 2nd. Laben allegedly resisted arrest while an Erie County deputy tried to take him into custody on an accusation of criminal mischief in Erie County.

Jodee Marie Henderson, 27, of no permenant address, is charged with petit larceny and conspiracy, 6th. Henderson, along with two other individuals, is accused of stealing merchandise from Stan's Harley Davidson on West Saile Drive, Batavia. The suspects allegedly stole $214 in merchandise. Henderson was jailed on $500 bail. Also arrested on the same charges and released were Leaha Rae Anne Wimmer, 19, of Darien, and Nicholas Adam Antonucci, 25, of Alexander.

Nicholas Christian Doell, 21, of Darien, is charged with trespass, operating an unregistered ATV and unlawful operating an ATV on a highway. Doell was arrested after allegedly failing to comply with the instructions of a police officer while allegedly operating an ATV on Norfolk Southern Railroad property in Darien.

Seth Ryan Doster, 20, of Darien, is charged with trespass and disorderly conduct. Doster was allegedly involved in a verbal dispute with a neighbor while on private property. Also arrested on the same charges in connection with the same incident was a 17-year-old resident of Darien.

William Henry Foote, 57, of Myers Road, Oswego, is charged with felony driving while ability impaired by combined drugs and alcohol, felony DWI, felony driving with a BAC of .08 or greater and felony driving while ability impaired by drugs. Foote was arrested after deputies responded at 3:35 p.m., Monday, to a report of a person who said he had burned himself by spilling coffee on his chest. Foote was evaluated by ambulance medics, but refused further treatment. Further investigation by Deputy Joseph Graff and Deputy Howard Carlson led to Foote's arrest.

Russell Hosahi Blumer, 39, of Gillate Road, Alexander, is charged with assault, 3rd, resisting arrest, aggravated DWI and DWI. Blumer was allegedly involved in a motor-vehicle accident on Gillate Road, Alexander, at 4:23 p.m., Monday. Blumer was later located operating a Kubota tractor and was allegedly intoxicated. Blumer was allegedly verbally combative and physically resisting arrest, causing a hand/finger injury to a deputy. The deputy was treated at UMMC and released.

A 17-year-old resident of River Street, Batavia, and a 16-year-old resident of South Main Street, Batavia, are charged unlawful possession of alcohol by a person under age 21. The youths were allegedly found in possession of beer at 11:42 p.m., Saturday, at a location on Lewiston Road, Batavia.

Deidre Roshelle Scott, 25, of an undisclosed address, Rochester, is charged with criminal impersonation, 2nd, aggravated unlicensed operation, 2nd, and inadequate headlights. Scott is accused of giving a false identification following a traffic stop at 2:03 p.m., March 15. Scott's alleged deception was discovered after Scott reportedly failed to appear in court and the person whose identity she allegedly used was issued a summons for failure to appear.

James Thomas Kusmierczak, 27, of Chestnut Street, Medina, is charged with criminal contempt, 2nd, and possession/consumption of alcohol in a motor vehicle. Kusmierczak was stopped for allegedly consuming beer in a motor vehicle. During the stop, Kusmierczak was allegedly found in possession of marijuana.

Jeffery Scott, 29, of Keeney Road, Le Roy, and Adrian James, 32, of East Main Street Road, Le Roy, are charged with trespass and petit larceny. The two men were arrested following a report of people removing property from a local business. When approached, Scott was immediately taken into custody. James was captured after initially fleeing on foot.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. Betances was stopped Monday on Pearl Street by Officer Darryle Streeter.

Josanne Alysse Schultz, 23, of Wolcottsville Road, Akron, is charged with petit larceny. Schultz is accused of shoplifting at Kmart.

Brett Douglas Perfitt, 17, of Bennett Avenue, Oakfield, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speed not reasonable and moved from lane unsafely. Perfitt was reportedly involved in a motor-vehicle accident at 2:10 a.m., Monday, on Bloomingdale Road, Alabama.  Perfitt allegedly failed to reduce speed when approaching a curve and traveled off the roadway into the woods. Perfitt said he was not injured in the accident and declined medical treatment. The accident was investigated by Deputy Kevin McCarthy.

A switchblade knife accidentally popped open after 44-year-old Batavia man was tackled during a pick-up football game Saturday at Austin Park, cutting a 13-year-old boy behind his ear.

The accident led to Michael A. Wroten, of 8 Edward St., Batavia, being charged with criminal possession of a weapon, 3rd.

Wroten was jailed without bail following arraignment in city court.

The youth was transported to UMMC for treatment.

The charge is a Class D felony, with a sentencing range that goes up to seven years in prison.

Members of the Local Drug Enforcement Task Force responded to a residence on Swan Street, Batavia, Tuesday to investigate a report of pot being grown in a garage.

Task force members seized the plants and arrested Ian J. Blake, 25, after locating him on Ellicott Street, Batavia.

At the time of his arrest, Blake had pending charges for allegedly selling oxycodone to an agent of the task force. He was also allegedly found growing cannabis in his basement on May 5.

Blake faces charges of criminal sale of a controlled substance, 3rd, two counts of unlicensed growing of cannabis and two counts of unlawful possession of marijuana.

Following arraignment in city court, Blake was jailed without bail.

Batavia PD assisted in all three investigations.

Steven Carnell McKnight, 18, of 14th Street, Buffalo, is charged with burglary, 2nd. McKnight is accused of breaking into a residence on Batavia Elba Townline Road, Batavia, on Dec. 15. The Monroe County Crime Lab has reportedly matched blood found at the scene with McKnight. The home on Batavia Elba Townline Road suffered damage to exterior French doors, a rear window, and a table and desktop computer. The only items reported missing were a complete Nintendo Wii system with games and two hutch drawers containing old mobile phones and odds and ends. McKnight is currently awaiting sentencing on a burglary charge from a break-in in the Town of Pembroke on Dec. 14. 

Andrew John Sprague, 33, of State Street, Batavia, is charged to failure to report change of address. Sprague is a registered sex offender and allegedly failed to report a change of address.

Al Davids, 42, of Bird Road, Byron, is charged with discharging a firearm within 500 feet of a residence. The alleged incident was reported at 6:58 p.m., Monday.