crime

In a compliance check of local stores that sell alcohol on Friday, three store clerks were cited by the Batavia Police Department for allegedly selling liquor to minors.

The police used an under-age buyer with a valid New York driver's license in the compliance check. The person entered 18 local stores and attempted to buy beer, wine or liquor.

The clerks cited worked for Kwik Fill, 99 Jackson St.; Plaza Spirits, 563 E. Main St.; and, Wilson Farms, 355 W. Main St..

The clerks will be given a chance to complete a server-training course in exchange for possible dismissal of the charges. The names of the clerks were not released.

The operation was supervised by detectives Rich Schauf and Todd Crossett.

A woman who was shot in her arm during an alleged domestic dispute in Le Roy on Wednesday has been charged with a pair of crimes stemming from the incident.

Michelle L. Baumgart reportedly grabbed a hand gun belonging to Robert M. Jackson during the reported argument and in the ensuing struggle, the gun discharged.

Baumgart was arrested last night at 10:28 and charged with reckless endangerment in the first degree and criminal possession of a weapon.

She was released under the supervision of Genesee Justice following her arraignment.

At the time of the alleged incident, there were reportedly two children in the home at 8800 Keeney Road, Le Roy.

Michael P. Murphy, 24, of 38 Columbia Ave., Batavia, is charged with assault in the third degree and harassment. Murphy is accused of entering his brother's residence and pulling him out of bed and punching him in the back of the head. He allegedly pulled his arm in such a way as to injure his brother. Murphy's brother was treated at UMMC and released. Murphy was held on $2,500 bail.

David R. Gross, 19, of 7421 Seldon Road, Le Roy and two teen-agers also from Le Roy have been charged with petit larceny and possession of alcohol under 21. The trio allegedly stole alcohol from Tops.

Susan M. Shell, 28, of 2226 12th Place, Washington, D.C., is charged with DWI, driving with a BAC of .08 or greater and improper tail light. Shell was reportedly stopped on East Main Street by Officer Dan Coffey on Saturday at 12:53 a.m. for the alleged broken tail-light.

John W. Szabo, 54, of 9233 Main St., Lot 50, Clarence, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle and failure to notify DMV of a change of address. Deputy James Diehl responded to a "check the welfare" for a car parked on Route 77 in Alabama. Diehl reportedly found Szabo in his car allegedly intoxicated and with an open container.

John D. Baudhuin, 28, of 92 Marks Place, Apt. 3E, Staten Island, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Baudhuin was stopped by Deputy Patrick Reeves on Route 33 in Pembroke for an alleged traffic violation and found to allegedly be driving drunk.

Joseph Isadore Brenon, 58, of 349 Wright Road, Alabama, is charged with menacing in the third degree. Brenon allegedly verbally threatened a person.

Jacquelyn M. Siverling, 28, of 3747 S. Main St. Road, Batavia, is charged with DWI, driving with a BAC of .08, a speed-zone violation and failure to keep right. Siverling was reportedly spotted driving 51 mph on West Main Street by Officer Darryle Streeter on Wednesday. Her vehicle was pulled over in the parking lot of Billy Goats.

Brian A. Merritt, 35, of Alexander, has been arrested by State Police and charged with unlawful imprisonment and criminal contempt. The alleged incident was reported at 12:10 a.m. Sunday. No further details were released.

Jason John Reed, 33, of 33 Sunset Parkway, Oakfield, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and endangering the welfare of a child. Reed was stopped at 2:06 a.m. Thursday near 18 Coe Ave. in Oakfield by Deputy Jason Saile.

Tersa M. Kabel, 36, of Batavia was stopped by State Police on Route 33 in Bergen, Thursday at 11:29 a.m. and charged with unlawful possession of marijuana and aggravated unlicensed operation.

Daniel P. Callahan, 25, of Batavia, is charged by State Police with unlawful possession of marijuana. Callahan was arrested this morning at 12:10 in Batavia.

Michael Todd Dibble, 18, of 1313 Indian Falls Road, Pembroke, is charged with unlawful possession of marijuana and unlawful dealing with fireworks. Dibble was stopped by Deputy Patrick Reeves in Pembroke for alleged traffic violations. During the investigation, Dibble was found to allegedly possess marijuana and fireworks.

Timothy P. Young, 47, of Batavia, was arrested by State Police at 8:45 p.m. and charged with unlawful imprisonment, criminal mischief, criminal possession of a controlled substance, unlawful possession of marijuana, harassment, and two counts of acting in a manner to injure a child. He was jailed without bail. No further details were released.

An Alexander woman reportedly heard Sheriff's Deputies were looking for her at a house on Griswold Road, so rather than return that residence Sunday evening, she parked her car on Attica Road and ran off into the woods.

After her car was spotted on Attica Road, Sheriff's deputies searched the wooded area, but that's not where they found Brittany L. Frey.

The 19-year-old woman was allegedly hiding in an apartment in Northside Meadows in Batavia.

Frey, whose residence is listed as 9568 Alexander Road, Alexander, was wanted on a bench warrant for an alleged violation of probation.

After learning that Frey was at Northside Meadows, deputies responded to that location and reportedly saw Frey inside the apartment, but Frey allegedly refused to come to the door. Eventually, she did come out and was arrested.

Frey was jailed Sunday night without bail.

Morima Custodo, 27, of 65 Mead St., Rochester, is charged with harassment. Custodo was arrested yesterday following an alleged fight between employees at Allen Canning in Bergen. She is accused of grabbing the other employee's hair and pushing her head to the ground.

Matthew Thomas Holmes, 30, 14 W. Main St., Batavia, was arrested on a bench warrant for allegedly failing to pay fines and restitution. Holmes was arrested following his release from Monroe County Jail.

Joseph Lee Shanley, 37, of 7199 Dublin Road, Bergen, is charged with harassment. Shanley is accused of threatening a person while using his mobile phone.

A 12-year-old boy from Bethany has been arrested by State Police and charged with sexual contact with an individual under 11 years old. No further details were released.

Three men from Utica have been arrested and charged with burglary for allegedly breaking into apartments yesterday at 5219 Clinton St. Road, Batavia.

They reportedly broke into the apartments during the late morning hours and stole or damaged clothing and electronics.

Taken into custody were:

• Rastafari A. Brown, 20, of 124 James St., Utica
• Kayshawn Jones, 21, of 1556 Elm St., Utica
• Sirdell L. Ruffin, 21, of Faxton St., Utica.

Each of the three men were charged with four counts of burglary in the second degree and jailed on $25,000 bail.

The case was investigated by Deputy John Duyssen, Deputy Bradley Mazur, Sgt. Gregory Walker, Investigator William Ferrando and Investigator Kristopher Kautz with assistance from the Batavia Police Department, the New York State Police and the District Attorney's office.

Wayne R. Freeman, 33, of 8545 East Ave., Gasport, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation in the first degree. Freeman was also reportedly cited for "multiple" equipment violations ("too many to list," states the Sheriff's Office report). Freeman was reportedly driving on Route 77 in Pembroke when Deputy Kevin McCarthy spotted his vehicle with an alleged broken tail light. Upon stopping Freeman, McCarthy discovered that Freeman's license was previously revoked for a prior DWI conviction and that Freeman was allegedly violating the terms of his conditional release. McCarthy then determined that Freeman was allegedly driving drunk. Freeman was jailed on $2,500 bail.

Peter B. Burton, 51, 360 Seward St., Rochester, was arrested and charged on a warrant for aggravated unlicensed operation of a motor vehicle in connection with an incident on May 22. In its press release, Batavia Police did not specify the nature of the alleged incident. Burton was jailed on $1,500 bail.

Nicole M. DellaPenna, 23, of 3842 Rose Road, Batavia, is charged with unlawful possession of marijuana and criminal possession of a controlled substance. DellaPenna was allegedly found in possession of marijuana and cocaine during an investigation of a suspicious vehicle parked on Farwell Drive.

William J. Cassidy, 28, of 107 State St., upper, Batavia, is charged with loitering. Cassidy allegedly refused to leave the area of 20 Center St. after being asked to do so by police.

James Joseph Laudico, 19, of 1055 Sliker Road, Pembroke, is charged with unlawful possession of marijuana. Laudico was reportedly a passenger in a vehicle stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana in Laudico's left front pants pocket.

Kaitlyn Ann Kelly, 22, of 4079 Connecticut Ave., Island Park, is charged with petit larceny. Kelly allegedly stole $53.49 in merchandise from Target.

Allison Irene Thomas, 19, of 15 Robert Quigley Road, Scottsville, is charged wih petit larceny. Thomas allegedly stole $78.47 in merchandise from Target.

Ramon Cortes-Vasquez, 60, of Elba, was arrested by State Police in Elba on Friday at 2:42 p.m. on an unspecified arrest warrant. The State Police blotter item classifies the case as "immigration." It also says it is not a criminal investigation. The arrest took place at State Route 98 and Mechanic Street. Cortes-Vasquez was held without bail.

Robert R. Davis, 48, 1355 Main Road, Corfu, is charged with criminal possession of a weapon in the fourth degree. On Nov. 15, the Sheriff's Office received a report of a reckless driver in the area of 8483 Allegheny Road. During the investigation, Deputy Howard Carlson came into contact with Davis and during the investigation, reportedly discovered a switchblade knife on Davis.

Paul Ryan Tenney, who admitted back in September that he stole more than $106,000 from his employer, Elcon, Inc., has still not been sentenced for his crime.

He remains in jail without bail. This afternoon, Judge Robert Noonan gave the 39-year-old Tenney until Dec. 8 to find and secure financing for an in-patient drug-addiction treatment program. If he fails, the judge said he may be forced to "warehouse" Tenney in prison.

The one-time high school athletic star claims he's already completed an in-patient program as required. Trouble is, no one can find any proof of it. His attorney, Gary Horton, said he has no documentation, other than the statements of Tenney's friends and relatives.

Noonan said Tenney was stonewalling, and expressed a great deal of frustration with this case.

"I've tried to figure out how to wake you up to take charge of your life," Noonan said. "You've shown no backbone."

He said Tenney needs to stop making excuses and relying on his relatives for help.

"I could sentence you to five years in prison, but you'd just be five years older," Noonan said.

Tenney's criminal record certainly justifies doing that, the judge said, but numerous people in the community have vouched for Tenney and say he can be redeemed. He just needs to show the judge he is willing make the effort.

Bianca Hervey, a 20-year-old student at GCC and former Batavia resident, was put in an awkward, and potentially dangerous, situation by the Attica Police Department recently, according to the Buffalo News.

Hervey, who's only apparent criminal record is a traffic ticket or two, and who was not known to police as a drug user, was apparently coerced into becoming a snitch -- going undercover to help catch drug dealers.

Now, there is little disagreement that illegal drug dealing is a bad thing, but the News rightly editorializes against the Village of Attica Police Department for employing tactics that sound much like those used by the Stasi, the East German Secret Police.

... the apparent drafting of a neophyte drug informant is not only cruel behavior, it is astoundingly bad police work. If the relevant officials are unwilling to strongly renounce what could have been an anomalous misstep in an otherwise professionally run operation, then their own professional judgment must be called into serious question.

The idea that law enforcement officers chasing drug dealers can do absolutely anything they want is itself a kind of drug, one that is as addictive and as destructive of society as any amount of heroin or cocaine.

Hervey was saved the fate of entering an underground world she knows nothing about because her attorney father was able to intervene, but the News reports an unnamed young man was not so fortunate, and now he fears for his safety.

Officer Christopher Graham, who is also the officer accused of trying to recruit Hervey into undercover work, reportedly told the young man that the minor charges against him could keep him out of the military. He offered the youth a way out -- help catch a drug dealer. The young man followed through, according to the News, but when the police asked him to get involved in a second drug deal, the informant refused to cooperate. A short time later, he was arrested for failure to appear on the original charges.

Informants are used by law enforcement all the time. It was an informant that helped local law enforcement break up an apparent meth ring here in Genesee County last week. But reliable informants are usually people who step forward on their own because they know something, or are people recruited from the drug world they already know. 

It seems to smack of incredibly poor judgment and an abuse of power to try and recruit informants from among young people who have little experience either in the drug world or in dealing with the criminal justice system. We trust our local law enforcement officers use better judgment.

Thomas M. Lashure, 42, of 218 North St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to submit to breath test, failure to keep right and failure to use a turn signal. Lashure was stopped at 12:54 a.m. by officer Dan Coffey for alleged traffic violations.  Coffey arrested Lashure on the DWI charges following the traffic stop.

Michelle Lynn Sanders Evans, 28, of 115 S. Main St., lower, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Wal-Mart.

Kelly Anne Morrison, 36, of 115 S. Main St., upper, is charged with petit larceny. Morrison is accused of shoplifting from Wal-Mart.

Franklin K. Zimmerman, 75, of 535 Bauman Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement marking. Zimmerman was stopped by Deputy Jason Saile on Lewiston Road in Alabama.

A 17-year-old from Batavia is charged with petit larceny. The youth is accused of stealing $120 in merchandise from Target.

Jordon John Giglia, 20, of 9202 Allegheny Road, Corfu, is charged with criminal contempt and harassment. Giglia is accused of violating a no-offensive-conduct order out of Genesee County Family Court. Giglia allegedly pulled a chair out from under the protected person, causing her to fall and strike her head.

Leon C. Bloom, 27, no permanent address, has been jailed on $50,000 bail for allegedly failing to abide by drug court rules.  In May, Bloom was arrested for allegedly violating an order of protection.

Timothy Daniel Eastridge, 32, of 30 Bennett Ave., Oakfield, is charged with criminal possession of stolen property, aggravated unlicensed operation, DWI, criminal mischief and unlawful possession of marijuana. Eastridge is accused of driving a stolen vehicle into a fence and tree near Alex's Place on Park Road, and then driving to the Batavia Downs parking lot, where he parked the car. Witnesses helped police find the car, and Eastridge was allegedly seen exiting the car. Eastridge was taken into custody by Deputy Chris Parker. The deputy reportedly found a marijuana pipe on Eastridge. The car was reportedly stolen from an area near Faletti's Ice Rink on Evans Street a short time earlier. Batavia Police assisted in the arrest.

Patricia A. Poole, 20, of 4036 W. Main Street Road, Batavia, is charged with petit larceny. Poole allegedly stole an item from Hess Mart on Nov. 8. She was jailed on $250 bail.

Brian J. Lambert, 28, of 120 State St., Upper, Batavia, is charged with unauthorized use of a vehicle in the third degree. Lambert was stopped in the Town of Alexander by Deputy Chris Parker after Lambert reportedly failed to return the vehicle of his mother's boyfriend as agreed.

Lonnie J. Hamilton, 22, of 14776 Baker Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hamilton was stopped on Route 98 in the Town of Batavia by Sgt. Thomas Sanfratello for alleged failure to keep right. Sgt. Sanfratello concluded that Hamiliton was allegedly driving drunk.

Scott Joseph Richardson, 20, of 5 Lakewood Drive, Rochester, is charged with unlawful possession of marijuana. Richardson was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Richardson.

Donald J. Monroe, 46, of 580 Cohocton Road, Corfu, is charged with DWI, and aggravated DWI with a BAC of .08 or greater. Deputy Patrick Reeves responded to the area of Cohocton Road in Pembroke after the Sheriff's Office received a report of a drunk or sick driver. He subsequently pulled over Monroe's vehicle and charged him with DWI.

Jonathan Scott Viterise, 21, of 75 Stone Fence Road, Rochester, is charged with unlawful possession of marijuana. Viterise was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Viterise.

Richard Dale Fennell, 29, of 5 Exchange St., Akron, is charged with criminal possession of a controlled substance. Fennell was reportedly a passenger in a vehicle stopped by Deputy Patrick Reeves that was stopped for an alleged traffic violation. Reeves reportedly found a medication on Fennell for which he didn't have a prescription.

Gerald "Zach" Z.L. Watts, 25, of 5 Otis St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Watts was reportedly stopped on S. Lyon Street in Batavia by Sgt. Thomas Sanfratello of the Sheriff's Office for alleged failure to keep right.

Brett R. Doward, 23, of 16 Harvester Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving on the shoulder. Doward was reportedly stopped by Deputy Howard Carlson on Route 33 in Stafford.

Richard D. Ryan, 33, of 136 Pearl St., Batavia, is charged with criminal mischief. Ryan allegedly damaged furniture of his ex-girlfriend, valued at $250. He was jailed without bail.

Thomas K. Lee, 46, of 4 MacArthur Drive, Apt. 10, Batavia, is charged with two felony counts of criminal contempt and three counts of harassment. Lee allegedly violated an order of protection. The harassment charges stem from alleged actions toward the protected person, and the third count stems from alleged actions toward a probation officer. Lee was jailed without bail.

David P. Schlitz, Jr., 45, of 112 Howard Road, Batavia, is charged with DWI and refusal to take a breath test. Schlitz was reportedly stopped on Clinton Street by Officer Thad Mart after a caller provided the license plate number of a vehicle allegedly driven by a drunken driver.

A 16-year-old from Bergen is charged with harassment. The girl was reportedly involved in a domestic argument. She was jailed on $250 bail.

Christopher P. Clute, 30, of Middleport, is charged with auto stripping, third degree. Clute was arrested by State Police at 6566 Dysinger Road in Alabama.  He was issued an appearance ticket.

BATAVIA , NY -- A woman who allegedly tried to steal another woman's pocketbook as she left Wendy's on Main Street in Batavia this afternoon is in custody, charged with robbery in the third degree and petit larceny.

The suspect, Misty Guadagno, 23, of 120 State St., Batavia, was caught with the help of a man who was eating lunch in Wendy's parking lot.

The man reportedly chased Guadagno from the eatery into the Genesee Country Mall parking lot where he grabbed her and held her until police arrived. The victim and her husband also helped keep the suspect at the scene while waiting for police.

While the pocketbook and most of its contents were recovered, the cash disappeared.  Police are asking that anybody who might know what happened to the cash to call the police department at 345-6350.

Guadagno was arraigned in Batavia City Court and jailed without bail.

Original reports after the jump:

(First report filed by Billie Owens around noon)

A female suspected of purse snatching was apprehended at the Wendy's on Main Street in Batavia about 25 minutes ago.

She reportedly grabbed another woman's purse at the fast-food restaurant and attempted to flee. She was detained by another individual before she could escape and police were quickly on scene to make an arrest.

The suspect's name has not been released and no other information is available at this time.

UPDATE 1:02 p.m. (by Howard): Lt. Gene Jankowski confirms there was an attempted purse snatching. 

An older woman was exiting Wendy's when another woman grabbed her pocketbook and ran. The older woman yelled for help and a man in the parking lot chased the alleged purse snatcher into the Genesee Country Mall parking lot, where he was able to grab and hold the woman. The older woman and her husband also helped keep the suspect in custody until police arrived.

"It's a good thing the guy helped because we probably couldn't have caught up with her," Jankowski said.

Charges are pending and there is an ongoing investigation. The police are withholding the suspect's name until the investigation is completed.

Charles Patrick Taylor, 32, of 238 Mason Ave., Greece, was picked up on a warrant for an alleged violation of probation. Taylor was arrested at the Greece Probation Department and arraigned in Stafford Town Court. Taylor was jailed on $200 bail.

A 17-year-old Elba Central School student is charged with unlawful possession of marijuana. The marijuana was reportedly found in her car.

A small methamphetamine lab was allegedly discovered at 135 Jackson St. in Batavia earlier today when law officers went there looking for Kenneth W. Mosholder, whose home in Alabama was the target of a 6 a.m. drug bust.

He was arrested on federal drug charges at the Jackson Street house and so was a female acquaintance who lived there. Her name has not been released because Sheriff Gary Maha is awaiting a federal search warrant from Buffalo in order to seize the lab and press charges.

A Batavia police officer is staked outside the residence to keep the scene secure until the warrant can be exercised.

When Mosholder's dumpy place at 789 Lewiston Road in Alabama was raided, 20-year-old Dustin R. Benham of Darien was arrested. Both men are charged with conspiracy to manufacture meth.

A haz mat team has been on location cleaning up the toxic mess as investigators gathered evidence, including chemicals, paraphenalia and guns.

Mosholder's 17-year-old son was also found there and taken to social services for placement.

Other charges may be pending against Mosholder and Benham, who have been transported to Buffalo for arraignment in federal court. The investigation is ongoing as to whether other individuals were involved in the illegal drug operation.

Two Genesee County men face federal charges of conspiracy to manufacture methamphetamine after local law enforcement agents raided a house on Lewiston Road in Alabama this morning.

Because of the toxic nature of the chemicals involved, a haz mat team has been on location all morning conducting clean up while investigators sift through the evidence, which includes chemicals, paraphernalia and guns. Two young men found at the location had to be decontaminated at the scene.

Sheriff Gary Maha announced the arrests at the 789 Lewiston Road residence at 10 a.m..

Taken into custody were Dustin R. Benham, 20, of 10472 Alleghany Road, Darien, who was in the house at the time of 6 a.m. raid. The owner of the home, Kenneth W. Mosholder, 44, was not in the dilapidated house this morning. He was arrested a few hours later at a friend's house at 135 Jackson St., Batavia.

Maha said his office sought federal charges in this case because he wants to send a clear message that the manufacture of meth will not be tolerated in Genesee County.  Meth labs are an epidemic in some rural counties around the nation, including some New York counties.

"This is the first methamphetamine lab in Genesee County that we know of," Maha said. "We want to send a clear message that we'll stop this cancer before it spreads. That's another reason for going for Federal prosecution in this case."

Moshholder's 17-year-old son was also in the house at the time of the raid, but he has not been charged with any crimes at this time. He has been turned over to social services, who will find a place for him to stay. Mosholder could face child endangerment charges, according to Maha.

Other charges may be pending against Mosholder and Benham.

Maha said the lab was small and fairly recent, but officials believe Mosholder intended to grow his alleged production facility. The Sheriff said as far as officials know, the drug was being distributed in Batavia. The investigation is ongoing as to whether other individuals were involved in the distribution.

"At this time we feel it's a relatively small operation," Maha said. "We know he's been living out here for about a year-and-a-half, so it's possible he's been dealing for a year-and-a-half. You'll get a look at the materials and you'll see how big of an operation it is. Even though it's a small operation, we think he was growing the operation based on our intelligence."

Mosholder is reportedly originally from the Genesee County area, but moved to Texas before returning to Alabama in 2008.

According to law enforcement officials on scene, the presence of guns in the house -- where meth was allegedly being manufactured -- could add up to 20 years of prison time to any eventual sentence the defendants receive if convicted.

Responding to the scene this morning to deal with the investigation and clean up were DEA chemists, members of the Genesee County Haz Mat Team, Genesee County Emergency Management, Mercy EMS and the Alabama Fire Department.

Participating in the investigation and arrests were the Genesee County Local Law Enforcement Task Force.

Mosholder and Benham will be arraigned in federal court in Buffalo later today.

A man who allegedly assaulted a Batavia police officer yesterday Friday has surrendered.

Paul F. Daly, 28, of 29 Waverly St., Cattaraugus, was at large since being released from a facility where he was taken for a mental-health evaluation. Before police could arrest him on criminal charges, Daly was let go and the police were not notified.

Daly, who was a patient at the VA Medical Center, surrendered to State Police in Amity.

Batavia PD Warrant Officer Dennis Rider negotiated with Daly to convince him to turn himself in.

"Basically, I started with family members, because they didn't want to say where he was, but I convinced them that the safest thing was for him to turn himself in," Rider said. "I wanted to avoid a confrontation if at all possible."

Daly is being transported by State Police to Batavia.

UPDATE: We've also learned that Chris Camp, the officer who was reportedly attacked, did try to deploy his Taser. The Taser was ineffective. Det. Schauf said, "it did not have its intended effect," though why it didn't work as it should is unknown.  As we reported previously, a passing citizen helped Camp subdue the suspect.

UPDATE 6:52 p.m.: Daly was delivered back into Batavia police custody this evening. He was arraigned and jailed without bail.

Previously:

• VA patient allegedly attacks police officer outside Batavia Downs
• VA patient accused of assaulting police officer not in custody