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Law and Order: Rochester resident accused of violation stay away order

By Howard B. Owens

Wilson Figueroa, 38, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa reportedly was under court order out of Rochester City Court from being with a certain person. During a traffic stop on Route 33, Stafford, at 4:01 p.m., Wednesday, the protected person was allegedly in Figueroa's vehicle.

Aicha Keita, 20, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Keita is accused of stealing $206.65 in merchandise from Walmart.

Man involved in standoff with deputies and troopers given at least two years in prison

By Howard B. Owens

A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.

Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.

"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."

Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.

Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.

"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."

Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.

"I was young and rebellious," Gillette said.

Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.

Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.

Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.

At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.

Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.

Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.

"This very easily could have ended up in a terrible tragedy," Noonan said.

Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.

Man who plunged victims into 'dark place' given 14 years in prison for sexual abuse

By Howard B. Owens

The mother of two girls who were sexually abused told Judge Robert C. Noonan today how the man who victimized them had potentially ruined their lives.

"His abuse has cast a shadow that is the length of a lifetime," the woman said.

Both the woman and her two daughters asked Noonan to give the abuser the maximum 14-year sentence available under the law, and that's just what Noonan did.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, will serve two consecutive seven-year terms in prison after completing his current term on a prior sexual abuse conviction.

On Jan. 26, Dioguardi was convicted by a jury of using force to have sex with a child age under age 11.

Dioguardi tried to convince Noonan that he wasn't a monster and that a minimum sentence would give him a chance to get out into society and prove he could live a normal life.

Sexual abusers and rapists, Noonan explained, aren't the people who look homeless and creep out of bushes. They are often people the victims know.

"The fact is, you are intelligent, you are well-spoken, you are charismatic, you are loved by your people, but the fact that you are that kind of person and would commit the kind of crime that brought you here today does make you the kind of monster they (the prosecution and the victims) say you are."

One of the sisters who was victimized by Dioguardi said she is slowly learning to put her life back together, but the crime hasn't been easy on her sister.

"He's put her in a very dark place and I can't get her back," the girl said. "It makes me very, very mad."

The girl explained how even on tests when she comes across the name Tony or Anthony, she scribbles it out. She can't even stand to see the name, no matter what it might cost her in test scores or anything else.

"I call him a scumbag now because that's how I view him," she said. "He ruined my sister's life. He deserves to hear what he's done. I hope everything I say is getting into his brain because he deserves to hear it."

The girl said she hopes someday to have a job that will help victims of sexual abuse. Her mother later said the girl has said she hopes to go into law enforcement some day.

Dioguardi, shackled and in state prison garb, sat stone-faced and didn't move as his victims spoke.

"There is no amount of remorse I can express to tell you how sorry I am," Dioguardi said when it was his turn to speak. "I know it's my fault. I want them to know it's not their fault. It's mine."

Noonan said Dioguardi sounded only sorry to the point that he wanted to get a shorter prison term.

The mother of the victims said she wanted a sentence suitable to the crime.

"If I could have it my way, this useless pathetic excuse for a man would be put away forever and in darkness like my daughters have been in," she said.

Batavia woman accused of stealing from elderly women and tax fraud

By Howard B. Owens

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

Heidi L. Schollard, of 161 Bank St., is being held on $25,000 bail.

Schollard is accused of stealing money from two elderly women whom she cared for and filing false tax returns.  Schollard also allegedly received NYS benefits while employed.

The charges include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Law and Order: Pulling in and out of driveways in Corfu precedes DWI charge

By Howard B. Owens

Jason William Wolf, 36, of Hutchins Street, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, unlicensed operator and aggravated unlicensed operation, 1st. Deputy Kevin McCarthy was reportedly on routine patrol in the Village of Corfu at 3:51 a.m. Sunday when he observed a vehicle pulling randomly into driveways. Wolf was arrested following further investigation.

Jessica M. Miller, 18, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Miller is accused of hitting another person during a dispute.

Evan Ryan Anderson, 30, of 2832 Pearl St. Road, Batavia, is charged with operating while ability impaired by drugs. Officer Darryle Streeter responded to a report at 3:43 a.m. Saturday of a person passed out behind the wheel of a car with its engine running at 419 W. Main St. Anderson was allegedly found at the wheel of the car.

Daniel Jeffrey McGiveron, 26, Phelps Road, Basom, is charged with criminal possession of a controlled substance, 7th. During an unrelated investigation at 9:50 p.m. Saturday in Oakfield, McGiveron was allegedly found in possession of suboxone. Deputy Brian Thompson was assisted by K-9 "Pharoah."

Jessie Lee Jackson, 27, of Byron Holley Road, Byron, is charged with criminal mischief, 4th, and harassment, 2nd. Jackson was reportedly involved in a domestic incident in which he allegedly struck a vehicle with a skateboard and hit a person in the side of the head with his hand. Jackson was jailed on $800 bail.

Alexandra R. Wood, 21, of 8193 McCall Road, Le Roy, is charged with DWI, unsafe start and failing to yield the right of way. Wood was stopped at 2:14 a.m. Friday on Myrtle Street by Sgt. Michael Hare. Wood allegedly refused to submit to a breath test.

Sheriff's Office pleased with results of DWI checkpoints that netted two arrests

By Howard B. Owens

In one of the first-of-its-kind "enhanced" DWI check points in the state Saturday night, only two people were arrested for driving under the influence of drugs or alcohol.

Local law enforcement is considering that a success, according to Chief Deputy Gordon Dibble.

"The fact that people know we're out there helps," Dibble said. "A lot of people say, 'why put out a press release and let people know what you're doing,' but the whole idea is to cut down on drinking and driving."

The program was funded by a grant from the governor's office and was designed to make it harder for people to avoid the checkpoints.

The checkpoints were set up in three different locations -- all in the City of Batavia -- during the course of Saturday night, and extra patrols were in the area looking for people who might be trying to avoid the checkpoint.

When the checkpoints were moved, the patrols involved would engage in a period of saturation patrols looking for drunken drivers before the next checkpoint was set up.

Le Roy PD participated Saturday with extra DWI patrols in the village.

"Only 1 percent of DWI arrests come at checkpoints," Dibble said. "But what they do is raise public awareness as much as anything else."

The vast majority of people, Dibble said (as well as officers on scene Saturday night) were cooperative and even thanked officers for the extra effort to get drunken drivers off the road.

One misconception about the enhanced checkpoints that Dibble clarified is what conduct will lead an officer to stop a car.

Merely turning down a street prior to a checkpoint is not necessarily enough reason to stop somebody.

Dibble said there is case law dealing with the these kinds of stops. In one case, a car turned into a parking lot of a closed business prior to a checkpoint. That stop was upheld by the courts. In another case, a car turned down a street prior to a checkpoint and that case was thrown out.

"It makes a lot of sense to me," Dibble said. "What we tell our patrols is we want probable cause to pull somebody over anyways. Turning may warrant a closer look to see how they're driving, but we're going to look for how you are driving, how you're making a turn and do you appear like you should be on a highway."

During the course of Saturday night, the Sheriff's Office and Batavia PD set up roadblocks on Clinton and Oak streets, and Ellicott Street just west of Cedar Street.

Arrested on Saturday were Dale R. Maxwell, 51, of Hamilton Street, Albion, and Aaron R. Rodger, 23, of Ellicott Road, Caledonia.

Maxwell was charged with DWI, driving with a BAC of .08 or more and consumption of alcohol in a motor vehicle.

Rodger was charged with driving under the influence.

Additionally, 26 citations were issued, including citations for operating while registration suspended, unlicensed operation, expired inspection, consuming alcohol in a motor vehicle, unregistered motor vehicle, uninsured operation, uninspected motor vehicle, inadequate headlights, tinted windows, aggravated unlicensed operation, 3rd, and failure to yield right of way.

The governor's grant covers three more enhanced checkpoints this summer.

Dibble said the Sheriff's Office considers them a good idea and will continue to run them on high profile weekends when they can do the most good.

"It's all about keeping our highways safe for the people," Dibble said. "We want people to have a good time and to get home safely. That can easily be done with a little forethought and a little planning ahead."

Two youths shooting geese in the Oatka Creek, Le Roy

By Billie Owens

Two youths are reportedly shooting geese in Oatka Creek with a pellet gun from the creek bank off Munson Street in Le Roy. Some birds have been killed or injured and are floating downstream. Le Roy police are responding.

Batavia man accused of getting food stamps while earning money selling scrap metal

By Howard B. Owens

A 35-year-old Batavia resident has been charged with grand larceny for allegedly making false claims with the Department of Social Services.

Lee Heckman, of 5 Fairmont Ave., is accused of submitting various forms with DSS that concealed income from a scrap recycling business.

Heckman allegedly received food stamp benefits totaling $600 from March 2011 through July 201, as well as temporary assistance totaling $1,576.13.

Following arraignment in Town of Batavia Court, Heckman was jailed without bail.

Besides the grand larceny, 4th, charge, Heckman is also charged with two counts of offering a false instrument for filing.

Cases of suspected welfare fraud can be reported by calling 344-2580, ext. 6417 or 6416. All calls are confidential.

Law and Order: ATV riders accused of trespass

By Howard B. Owens

Joseph A. Monkelbaan, 40, of Tesnow Road, Akron, and David J. Albright, 51, of Meadville Road, Basom, are charged with trespass. Monkelbaan and Albright are accused of trespassing on property on Wright Road, Alabama, while riding ATVs.

Gregory Angel DeJesus, 21, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:25 a.m., Wednesday, and jailed on $250 bail.

Mickey Harlen DeJesus, 23, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:50 a.m., Wednesday, and jailed on $250 bail.

Darik R. M. Orbaker, 19, of 12 Elm St., Batavia, is charged with criminal contempt, 1st. Orbaker was allegedly observed with a person protected by a "stay away" order.

Burglar faces up to 10 years in prison after guilty plea

By Howard B. Owens

One of the two men charged in a pair of burglaries in September entered a guilty plea in Genesee County Court today and faces up to 10 years in prison.

Michael J. Hilton, 20, a former Le Roy resident, entered a guilty plea to burglary, 2nd. He had also been charged with grand larceny, 4th.

According to District Attorney Lawrence Friedman, Hilton faced two additional burglary charges -- a break-in at 39 Trumbull Parkway and one at 36 Williams St. -- but his office won't file those charges as part of the plea agreement.

Under the plea agreement, Hilton waived his right to appeal and agreed to pay an unspecified amount of restitution to his victims.

However, in order for the two uncharged burglaries to be included in any restitution total, the DA's office would need to file charges in those cases. Friedman told Judge Robert C. Noonan that is possible, though the charges would not figure into Hilton's sentencing.

Hilton can't receive more than 10 years in prison, under the terms of the agreement. Sentencing is set for May 9.

Hilton was arrested with Kurt Hawkins following a pair of break-ins on Williams and Swan streets, Batavia, in late September.

Hilton and Hawkins reportedly entered an occupied residence on Swan Street.

Hawkins was sentenced Monday on burglary and assault convictions to nine years in prison.

Warrent issued for woman hospitalized following March 8 accident in Byron

By Howard B. Owens

A warrant was issued in Genesee County Court today for a woman involved in a one-car rollover accident March 8 and expected to be released from Strong Memorial Hospital today.

Michelle Crawford, who in 2009 was the first person in Western New York charged with felony DWI under "Leandra's Law," was placed on the court docket for an alleged violation of probation.

"I would request a warrant," said Assistant District Attorney Will Zickl, "especially considering the circumstances that required her appearance, which included drinking and driving and getting into a serious motor-vehicle accident."

No charges have been filed related to the March 8 accident. The Sheriff's Office is awaiting results of blood tests before determining what, if any, charges are filed.

According to attorney William Harper, of the Public Defender's Office, Crawford was taken out of the intensive care unit yesterday.

Crawford will require ongoing medical care upon her release from the hospital, but Zickl said outside of court that if she is arrested and jailed, the jail can provide for her care.

Reportedly, Crawford's jaw has been wired shut.

The 26-year-old Batavia resident has three children and was arrested for alleged DWI in November 2009. Her children were reportedly in her car at the time of her arrest, making it a felony DWI under a fairly new law that made driving while drunk with children in the car a more serious crime.

However, in a bench trial in Erie County, Crawford was acquitted of the felony charge and convicted of driving while ability impaired and three counts of endangering the welfare of a child.

Batavia woman injured in accident avoided 'Leandra's Law' conviction after 2009 arrest

By Howard B. Owens

A 26-year-old Batavia mother of three young children who was among the first people in the state arrested in 2009 under "Leandra's Law" avoided a felony conviction in that case, reports WHAM 13's Sean Carroll.

Following her conviction on a single count of driving while ability impaired, Michelle Crawford also wasn't required to drive a car with an interlock ignition device.

Crawford was seriously injured in a single-car rollover accident in Byron last week and investigators say charges are pending in that case.

Erie County Judge William Boller who convicted Crawford of DWAI and three counts of endangering the welfare of a child, berated Crawford for putting her children in harm's way and then sentenced her to 60 days in jail and probation, according to video in Carroll's report.

At the time of the December 2009 arrest, Crawford's three children were 4, 3 and 17 months old.

"Leandra's Law," named after a little girl killed in a car crash involving an allegedly drunken driver, makes it a felony to drive drunk with children 15 years old or younger in the car.

The law also required anybody convicted of drunken driving to have an interlock ignition -- designed to keep a person who has alcohol on his breath from starting a car -- on any car the person might drive.

Carroll reports that Crawford was convicted of DWI in 2007 and that her license was revoked in 2009.

The car she reportedly drove March 8 was registered to a Batavia man whom Carroll reports Crawford was living with. Carroll said the car's owner was sleeping when Crawford allegedly took the car and he didn't know about the accident until seeing news reports the following morning.

Crawford's children are reportedly living with relatives in Erie County.

Law and Order: Pavilion resident charged with DWI following rollover accident in Perry

By Howard B. Owens

Mason Dumbleton, 20, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, unsafe speed, unsafe lane change and unlawful possession of marijuana. Dumbleton was reportedly involved in a motor-vehicle accident on Route 20A in the Town of Perry at 10:30 p.m., Saturday. Dumbleton's vehicle reportedly left the south side of the road, struck a driveway culvert and a utility pole causing it to go airborne. The car landed on its roof. Dumbleton reportedly suffered minor injuries and was treated at the scene.

Daniel Norman Brown, 39, of Lake Street, Le Roy, is charged with criminal contempt, 2nd. Brown is accused of placing a phone call to a person he is barred from contacting. Brown was also arrested the day before, on Sunday, and charged with harassment, 2nd. Brown was accused of grabbing a woman and pushing her down.

Enoch Ronald Cole, 61, of Lake Street Road, Le Roy, is charged with harassment, 2nd. Cole allegedly punched another person in the back.

Kevin James Hodge, 28, of Valley View Drive, Batavia, is charged with petit larceny. Hodge is accused of stealing $66.21 in merchandise from Kmart.

Kathryn Ann Tordy, 45, of Sheriden Drive, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, improper left turn and failure to keep right. Tordy was stopped at 12:34 a.m. Saturday on Remsen Road, Pembroke, by Deputy Kevin McCarthy.

Daniel Jay Balduf, 20, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and insufficient tail lamps. Balduf was stopped at 3:35 a.m. Saturday on Angling Road by Deputy Kevin McCarthy.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens allegedly entered and remained unlawfully in a hotel room.

Jill Ann Fulater, 59, of Shepard Road, Batavia, is charged with DWI, driving left of pavement markings and improper right turn. Fulater as stopped by Deputy Kevin McCarthy at 4:20 a.m. Sunday on Route 63, Batavia, following a complaint of an erratic driver.

Timothy Ryan McJury, 24, of Madison Street, Batavia, was arrested on a bench warrant for petit larceny. McJury was arraigned in Town of Batavia Court. McJury was arrested on a city court warrant for parking violations. McJury was jailed on $1,000 bail.

A 17-year-old resident of Warboys Road, Byron, is charged with unlawful possession of marijuana, speeding (75 mph in a 55 mph zone) and driving on a junior license (state Class DJ) after 9 p.m. and driving on a DJ license with two or more passengers under age 21. The youth was stopped at 1:13 a.m. Sunday on Buffalo Road, Bergen, by Deputy Timothy Weis.

Burglar refuses to sign documents after being sentenced to nine years in prison

By Howard B. Owens

A man accused of taking part in a couple of Batavia burglaries in the early fall was apparently sorely disappointed in the nine-year sentence handed down by Judge Robert C. Noonan today.

Kurt H. Hawkins Jr., 18, who has no permanent address, uttered a mild profanity and refused to sign about a half-dozen orders of protection documents when Noonan had them presented to him.

Noonan warned Hawkins such behavior wouldn't look good on his record at any future parole hearing, but Hawkins slumped in his chair and still refused to sign.

A month ago, Hawkins admitted to burglary, 2nd, and assault, 2nd.

The assault charge stemmed from an attack on an inmate in the Genesee County Jail following his initial arrest.

Noonan noted just before pronouncing his sentence that while Hawkins had no prior criminal history, he had shown a propensity for violence and the attack in the jail was of particular concern.

Noonan also reminded Hawkins that he was lucky, maybe, to be alive.

"I recognize your history and the fact that fortunately nobody was hurt in (the burglaries), but it could have been you (who was hurt)," Noonan said. "A lot of people keep protection in their homes and they would have been perfectly justified under the law to use it. It could have been you dead on the floor of that bedroom."

A woman was reportedly home, alone, in her bedroom when Hawkins entered the house.

Hawkins and his attorney Jerry Ader blamed his conduct on abuse of drugs and alcohol.

"He could have quite a future ahead of him if he just applies himself and avoids drugs and alcohol," Ader said. "Obviously, a prison sentence will help him do that, but it's just a question of how long."

In court, Hawkin's only statement, other than his refusal to sign, was, "I feel bad for the woman when I ran into her."

Judge Noonan: 'Not thinking clearly' no excuse in murder-for-hire case

By Howard B. Owens
Derick Barker and Justin Barker

A 22-year-old Batavia man who pleaded guilty to a conspiracy to commit murder charge well as other felonies will spend from two to six years in state prison, Judge Robert C. Noonan ruled today

Justin Z. Barker, of North Lyon Street, previously admitted to criminal possession of a controlled substance, 5th, and burglary, 3rd, but entered what's known as an "Alford Plea" in the murder-for-hire case, which means he didn't admit to the actual crime, just that he would probably be convicted if the case went to trial.

The burglary charge stems from a 2009 break-in at the Beaver Brothers Restaurant at Darien Lake Theme Park in which Barker and an accomplice got away with more than $7,000 cash. Baker was the driver and got to keep half the cash, according to courtroom discussion today.

The drug charge stems from Barker's arrest June 2 after management at a hotel complained about unpaid hotel guests who wouldn't leave.

Barker's brother, 25-year-old Derrick, fled on foot and was captured in a field across the Thruway from the hotel.

Also arrested June 2 was Benjamin Santiago Jr., 22, of North Lyon Street, Batavia.

Santiago allegedly had 70 bags of heroin in his backpack. A quantity of cocaine was found in the room, too.

Barker's defense attorney, Jerry Ader, sought to make technical clarifications to the record in court. Ader maintained that Barker was in no way involved in the misuse of a credit card involving a person not, apparently, associated with the case, and that Barker did not possess heroin.

Noonan struck the name of the woman with the credit card from the report on Barker, but let the information on heroin stand.

Ader said that such clarifications are important when a prisoner comes up for parole.

The other clarification was the name in the report on the purported target of the murder conspiracy. A woman's name was taken out and Benjamin Santiago's name inserted.

Assistant District Attorney Will Zickl pushed for the maximum sentence available under the plea agreement -- two- to six-years in prison) because of the seriousness of the conspiracy charge and the multiple criminal accusations in Barker's file.

"The defendant has committed or participated in drug crimes, crimes of domestic violence, property crimes, crimes of personal dishonesty and of course, the conspiracy," Zickl said. "I submit the conspiracy was substantial and was frankly quite far along in the process at the time of his plea -- money had exchanged hands."

Ader argued that many of the alleged crimes mentioned by Zickl were not anything Barker admitted doing, and that's why he didn't plead guilty to the other charges.

Ader noted that Barker, who had no prior felony convictions, had been through a series of misfortunes, including the sudden death of a daughter that led Barker to get involved with drugs.

"All of this set him off in a direction that wasn't helping, not helping for the community and not helping for himself," Ader said.

When asked to speak, Barker said, "I regret my actions. I wasn't thinking clearly when I did what I did. I'm sorry for everything I did."

Noonan responded, "Not thinking clearly is a pretty good defense to a lot of things, but it's not a good defense to conspiracy to commit murder. It's absolutely baffling that there could be anything that could make you think your conduct in this case is anything you could lead you to say just, 'I'm sorry.' "

Third assailant in attack that cost a man his eye sentenced to seven years in prison

By Howard B. Owens

The third member of a trio of men who brutally assaulted a Batavia resident and caused him to lose an eye will spend seven years in prison, Judge Robert C. Noonan ruled this afternoon.

The attorney for Timothy Andrews, 21, of 144 Bank St., Batavia, argued that Andrews didn't enter the apartment with his brother and Christopher Preedom but Noonan said he didn't believe the assertion.

"If you wanted to refute the allegation that you went into the apartment, you should have gone to trial," Noonan said.

Earlier, District Attorney Lawrence Friedman said that both the victim's statement and the statement of a witness indicated all three men, including Timothy Andrews, entered the apartment.

"This defendent and his brother beat (the victim) on the front and back of his head with coffee mugs and the victim said he suffered skull decompressions as a result," Friedman said.

As Friedman spoke, Andrews looked back at the 20 or so family members and friends gathered in the courtroom and shook his head, "no."

When Noonan pronounced sentence, several women in the group burst into tears and several people were crying as they filed out of the courtroom after the sentencing.

Andrews told Noonan that whatever sentence Noonan imposed, he would use the time to learn and be a better person, the kind of person he thought he would become when he was little.

"I'm going to learn better skills and get an education," Andrews said. "Whatever I get today is something I'm going to have to accept and move on with my life."

On Dec. 19, Andrews entered a guilty plea to attempted burglary, 2nd, for his part in the attack of a resident of Woodstock Gardens Apartments.

Andrews reportedly said in a probation report that he only went along to protect his brother, 19-year-old Kevin Andrews, because he thought there would be trouble. He reportedly said he knew Christopher Preedom,18, of 21 Holland Ave., Batavia, the lead assailant, was really mad at the victim.

Preedom received a 12-year prison term and Kevin will spend seven years in prison.

Law and Order: Man accused of trying to keep watch belonging to another person

By Howard B. Owens

Joseph Henry Schenk, 20, of Overlok Drive, Batavia, is charged with criminal possession of stolen property, 5th. Schenk is accused of possessing a watch and refusing to give it back to its owner.

Martin Robert Maye, 36, of Johnson Mill Road, Berkeley Springs, W. Va., is charged with criminal contempt, 2nd, and endangering the welfare of a child. Maye allegedly had contact with a child he is barred from visiting unless a supervisor is present.

Jordan James Bennett, 18, of Tinkham Drive, Darien, is charged with unlawful possession of alcohol by a person under age 21.

Law and Order: Oakfield man accused of entering hotel room of two sleeping women

By Howard B. Owens

Justin M. Wotherspoon, 25, of Gibson St., Oakfield, is charged with criminal trespass. Wotherspoon is accused of entering the hotel room of two women, who were sleeping, without permission.

Melissa J. Vesosky, 25, of 1260 Lehigh Station Road, Henrietta, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Vesosky was stopped at 10:26 p.m. Sunday on East Main Street, Batavia, by Deputy Matthew Fleming.

Douglas S. Sprague, 44, of 63 S. Pearl Street, Oakfield, is charged with criminal contempt, 2nd, unlawful possession of marijuana, and was wanted on a Family Court warrant for alleged failure to pay child support. Sprague allegedly violated an order of protection. At the time of his arrest, at 8:07 p.m, Tuesday, Sprague was allegedly found in possession of two glass pipes containing marijuana. Sprague was jailed on $1,500 bail.

Law and Order: Probation allegedly finds felon with shotguns

By Howard B. Owens

Eric Charles Zglinicki, 49, of Alleghany Road, Darien Center, is charged with criminal possession of a weapon, 4th. Zglinicki was allegedly found in possession of three shotguns following an investigation and search of his residence by the Genesee County Probation Department and the Sheriff's Office. Zglinicki has a prior felony conviction.

Samantha Mary Williams, 31, of Warsaw Road, Le Roy, was arrested on a bench warrant out of the Hamburg Town Court to appear on charges of resisting arrest and obstruction of governmental administration. Williams was turned over to the Hamburg Police Department.

Allen Skye Dockstader, 29, of Council House Road, Alabama, was arrested on a bench warrant out of Genesee County Court on a charge of violating probation following an investigation into a criminal mischief complaint.

Cody L. Osborn, 24, of 3265 State St., Caledonia, is charged with DWI, driving with a BAC of .08 or greater, inadequate head lights, aggravated unlicensed operation, 1st, possession of an open container of alcohol in a vehicle and unlawful possession of marijuana. Osborn was stopped in the early hours Saturday by Le Roy Police. He was jailed on $1,500 bail.

Shawn Richard McGiveron, 23, East Main Street, Corfu, is charged with criminal contempt, 2nd. McGiveron is accused of violating an order of protection by calling and sending text messages to a protected person.

Police looking for person who broke into church, left barefooted

By Howard B. Owens

A person reportedly kicked his way into the Discovery Chapel, 315 W. Main St., Batavia, overnight and left barefooted sometime later.

The break-in was reported at 8:15 a.m.

A door to a storage shed was forced open as well as a door into the church itself.

Found in the seating area of the church was a jacket, shoes and socks.  Investigators believe these items were left by the perpetrator.

Police found the impressions of bare feet in the snow outside the church. The footprints indicate the person walked east on the south side of Main Street, and in the area of Main and Court, the person turned toward the roadway and may have gotten into a car.

The suspect appears to have suffered a cut on his right foot.

So far, no items are reported missing.

Anyone with information is asked to contact the Batavia Police Department at (585) 345-6350 or by calling the confidential tip line at (585) 345-6370.

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