crime

National Crime Victims’ Rights Week kicked off this morning at Genesee Community College with a ceremonial flag raising and a speech by Lt .Gov. Kathy Hochul.

All local law enforcement, the FBI and Genesee County Mental Health Association, were in attendance today to spread awareness of the rights of crime victims. Specifically their focus was on educating the community about the protection of young adults and preventing them from becoming victims. The keynote speaker was Special Agent Steve Miller of the FBI. His education speech was on social media and how it is used for cyber-bullying, sexual predators and other dangers.

Hochul began her speech this morning by asking for a moment of silence for the victims of the Oklahoma bombing 20 years ago. She went on to mention a few new initiatives by the state relative to crime victims. First she mentioned how seriously Governor Cuomo is taking sexual assault on campus at colleges. She said thinking needs to be changed to recognize sexual assault on campus as a crime and the Governor’s office has made this a top priority.

The next topic was an announcement that crime victims can now ask the state for financial assistance online. This online access is meant to make applying for aid less stressful and simpler than before. The financial assistance is meant to help with medical bills, lost wages, moving expenses and other financial needs stemming from being victimized.

In 2014 8,300 crime victims were paid more than $20 million in compensation. The funding for this financial relief and program comes form the fines levied against offenders. For more information about this financial program please visit www.ovs.ny.gov or call 1-800-247-8035

As the week continues, two more meetings are open to all to attend:

Wednesday, April 22, 6 to 8:30 p.m.

Stewards of Children Child Sexual Abuse

Prevention Training

YWCA, 301 North St., Batavia

Call Theresa at 585-344-0516, ext. 111, for information.

Friday, April 24, 5:30 p.m.

Ceremonial Walk and Reception

Old County Courthouse

Corner of routes 5 and 63.

Daniel Steven Platt, 34, of Lake Street, Le Roy, is charged with three E felonies: aggravated DWI -- having a BAC of .18 or more; DWI; and aggravated unlicensed operation. He was arrested April 17 following a traffic stop in the Village of Le Roy. He was allegedly operating a motorcycle while intoxicated and with a revoked license. He was also charged with these traffic violations: speed in zone, no turn signal, no helmet, no face shield, unregistered motorcycle, uninspected motorcycle, operating without insurance, improper plates and unlicensed operator. Platt was issued an appearance ticket and is to return to Le Roy Town Court on May 18. The case was investigated by Sheriff's deputy Michael Lute, assisted by deputy Joseph Graff.

Fletcher M. Royce, 27, of Dunham Road, Varysburg, was arrested April 18 on Clinton Street Road, Bergen, and charged with operating a motor vehicle while impaired by drugs as a first offense, criminal possession of a controlled substance (heroin), 7th, possession of a hyperdermic instrument, operation of a motor vehicle while using a mobile phone, and operation of a motor vehicle with a broken windshield. He was released from custody with an appearance ticket to return later to Bergen Town Court. The incident was handled by Sheriff's dpeuty Joseph Corona.

Cole James Farner, 31, of Clinton Street Road, Batavia, is charged is DWI and driving with a BAC of .08 or higher. He was arrested after an investigation of a motor-vehicle crash that occurred March 29 at about 7:30 in the morning when Farner's vehicle struck a control panel at the main gate for the Buffalo Federal Detention Center while he was allegedly intoxicated. He was issued an appearance tickets on both charges. The case was investigated by Sheriff's deputy Christopher Parker.

Michele L. Bialy, 48, of East Main Street, Batavia, is charged with driving while intoxicated, aggrevated unlicensed operation, 1st, operator in violation of conditional license, and drinking alcohol in a motor vehicle on a highway. Bialy was arrested on Summit Street following an investigation after patrols were dispatched at 12:33 p.m. on April 17 to check the welfare of a female found slumped over the steering wheel of a vehicle in a parking lot. The case was investigated by Batavia police officer Matthew Wojtaszczyk, assisted by officer Eric Foels.

Ronald D. Williams, 38, of Ellicott Street, Batavia, was arrested for petit larceny following an investigation on scrap metal stolen from a business on Swan Street. He was issued an appearance ticket and is to appear in City Court Wednesday afternoon. The case was investigated by Batavia police officer Peter Flanagan, assisted by officer Kevin DeFelice.

Natalie Kathryn Moe, 20, of Ridge Road West, Brockport, is charged with unlawful possession of alcohol by a person under 21, and speeding (68 in a 55-mph zone). She was arrested on Route 33 in Bergen on April 19 and released with appearance ticket for Bergen Town Court at a later date. The case was handled by Sheriff's deputy Joseph Corona.

John Kauffman Stone, 48, of West Main Street Road, Batavia, was arrested at 11:10 p.m. on April 16 after allegedly pushing a door that struck another person. He is charged with harassment, 2nd, and obstructung governmental administration. The case was handled by Sheriff's deputy Christopher Erion, assisted by deputy Richard Schildwaster.

Kevin M. Horn Jr., 26, of Batavia, was arrested April 16 by the Village of Le Roy Police Department for allegedly driving while intoxicated. He was allegedly crossing the center line. Horn was issued tickets for driving to the left of pavement markings, no passing zone, DWI, and aggravated DWI for allegedly having a BAC in excess of .18%. Horn was released on appearance tickets, and is scheduled to appear in Le Roy Town Court on May 18.

Eric R. Swede, 26, of Le Roy, was arrested April 17 by the Village of LeRoy Police Department for criminal trespass in the second degree, disorderly conduct, and harassment in the second degree after allegedly entering another apartment unlawfully, causing an annoyance and making unreasonable noise in the apartment building. He was arraigned and jailed in lieu of $1,000 cash or $2,000 insurance bond. Swede is scheduled to reappear in Le Roy Town Court on May 21.

Michael "Mickey" Robbins, 55, currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department on April 16 and charged with one count of petit larceny. It is alleged that on March 3 while on Lake Street in Le Roy, Robbins stole $420 from an acquaintance. Robbins was arraigned and returned back to the jail in lieu of $1,000 bail.

Kirk Thomas, 30, currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department on April 16 and charged with one count of petit larceny. It is alleged that on Sept. 9, 2014, while inside a business on West Main Street in Le Roy, Thomas shoplifted item(s) from the business. Thomas was arraigned and returned back to the jail in lieu of $1,000 bail.

Darren Wilson Cooper, 23, of Batavia Stafford Townline Road, is charged with promoting prison contraband. He was arrested April 1 at 10 p.m. after he allegedly introduced unspecified contraband into the Genesee County Jail while being processed for another arrest. The case was handled by Sheriff's deputy Christopher Erion.

Nicholas Paul Canzoneri, 19, of Edgewood Drive, Batavia, is charged with unlawful possession of marijuana. He was arrested for allegedly possessing marijuana after a traffic stop on West Main Street in the city on April 19. He was issued an appearance ticket and is to answer the charge in City Court on May 13. The case was handled by Sheriff's deputy Joseph Graff.

A 17-year-old male who lives on Trumbull Parkway, Batavia, was arrested April 19 for unlawful possession of marijuana. He was arrested after a traffic stop on West Main Street in the city and issued an appearance ticket for May 13 in City Court. The case was handled by Sheriff's deputy Joseph Graff.

Kerrilyn A. McDermott, 34, of Montclair Avenue, Batavia, turned herself in on an arrest warrant for violating an order of protection on April 9. She was arraigned April 17 in City Court and released under supervision of Genesee Justice. The matter was handled by Batavia police officer Peter Flanagan.

The man federal authorities identified as the owner of the former 420 Emporium that was a source of synthetic drugs in Batavia will serve 30 months in prison and forfeit $771,109 dollars in seized money.

Charles Fitzgerald was sentenced in U.S. District Court on Friday.

He had previously entered a guilty plea to possession of a controlled substance with intent to distribute.

The 420 Emporium, which was located at 400 Ellicott St., was the locus of synthetic drug dealing in Batavia for a period in the summer of 2012. Bath salts and synthetic marijuana appeared to be at the root of bizarre behavior by some users and the cause of seizures and other medical conditions that landed people in the emergency room at UMMC.

In July, 2012, local and federal authorities raided the 420 Emporium as part of a nationwide operation to crack down on synthetic drug trafficking.

The home of Fitzgerald in Greece, which he shared with co-defendant Amber Snover, was also raided, where authorities seized boxes of drugs as well as a bag full of cash.

Snover has also entered a guilty plea and will be sentenced June 23 in U.S. District Court.

Police officers are sorting things out and trying to determine whether a crime was actually committed earlier today in what was initially reported as a robbery at the Dollar General store on East Main Street, Batavia.

A robbery was reported at 11:20 and police received a description of a suspect and a suspect vehicle. 

Within minutes, the vehicle was stopped and three people inside were detained and questioned and subsequently released.

"The investigation is ongoing," said Sgt. Dan Coffey. "There's no question that these individuals were the ones involved in the incident, if that's what you're asking. They were definitely at the store. They were definitely involved in the incident. We're working to determine whether a crime occured."

Coffey said there were things said in the store and police are trying to determine if anything happened that constitutes a crime.

No merchandise nor money were taken from the store.

Prosecutors have 30 days to produce and turn over evidence in the Scott F. Doll murder case that may yield DNA from the Feb. 19, 2009 crime scene, Judge Robert C. Noonan ruled in a decision released this afternoon.

Doll's attorney, Timothy P. Murphy, filed a pair of appeals related to Doll's 2010 murder conviction, which has him serving a 15-years-to-life prison sentence.

While Noonan granted the DNA appeal, he ruled against Doll on his motion that he received inadequate trial counsel.

At a hearing earlier this week, ADA William Zickl couldn't confirm for Noonan whether the evidence that might yield DNA still existed.

Noonan ruled the evidence be turned over, "subject to any disagreement as to protocol for the custody and preservation of such evidence, which will then be resolved on application to the Court."

On the representation issue, Murphy argued that attorneys Paul Cambria and Daniel Killelea failed to raise objections to Doll's transport from Pembroke to the Sheriff's Office the morning of the murder based on Fourth Amendment provisions.

Noonan ruled that the defense attorneys did adequately raise objections and that the appeals process had already upheld decisions to allow evidence gathered during that process -- statements by Doll and his clothing -- to be admitted at trial.

Doll was convicted by a jury of beating to death a former business partner and prison guard coworker, Joseph Benaquist.

The defense is seeking further DNA testing to establish whether a third person was at the murder scene, which the defense contends, if the DNA testing had been done prior to trial, could have changed the outcome of the case. The prosecution contends the evidence against Doll is so overwhelming that even if a third person's DNA is found at the scene, Doll would still be found guilty of murder by a jury.

UPDATE 3:30 p.m.: We asked Sheriff Gary Maha if the evidence still existed and was secured. His one-word answer: "yes."

Jayson W. Dersham, 31, of Wortendyke Road, Alexander, is charged with attempted arson, 2nd. Dersham was arrested following an investigation into an incident on Maple Street in February. He was jailed on no bail.

Nickolas R. Miller, 23, of State Street, Batavia, was arrested on a warrant related to an unspecified charge. He turned himself in, was arraigned and jailed on $5,000 bail.

Glenn Homer Quintern, 56, of Jackson Street, Batavia, is charged with exposure of a person. Quintern allegedly exposed his bare bottom at 4:38 p.m. Tuesday while on Central Avenue, in front of an adult and some children.

Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with criminal contempt, 2nd. Cole allegedly visited a person at that person's residence where the protected party resides in alleged violation of a stay away order.

Dan M. Carter, 53, of Hutchins Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and unregistered motor vehicle. Carter was stopped at 6:54 p.m. Wednesday on East Main Street for an alleged traffic infraction by Officer Nedim Catovic.

Vicky L. Devie, 57, of Bank Street, Batavia, is charged with uninspected motor vehicle and parking in city lot over the 15-minute limit. Devie turned herself in on a warrant and posted a $50 police bail.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with assault, 3rd. Zimblis is accused of stabbing another person in the arm with a kitchen fork during an argument.

Maurice A. Glasco, 36, of North Avenue, Medina, is charged with falsely reporting incident and unlawful possession of marijuana. Glasco is accused of falsely reporting an incident at 12:59 a.m. Saturday at 20 Main St., Batavia.

Colleen Frances Walker, 40, of Garfield Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and unlicensed operator. Walker was stopped at 11:47 a.m., Thursday, on Route 77, Pembroke, by Deputy Patrick Reeves. She allegedly possessed 1,200 untaxed cigarettes.

A robbery just occurred at the Dollar General store on East Main Street in the City of Batavia. A heavy-set black male demanded everything inside the cash register from a clerk and left the store. He is said to be wearing jeans and a dark jacket. City police are responding.

An E-cigarette/vapor retail shop at 327 Ellicott St. was raided this afternoon by agents of Homeland Security who had a search warrant for counterfeit E-cigarettes. The shop is across from Hutchins Street in the City of Batavia and has no business name on the outside of the building. The feds are investigating the alleged sale of E-cigarettes made in China but marketed under a competitive brand name.

UPDATE: The business name is A Plus Vapors.

UPDATE: Here's a New York Times piece on China's booming electronic cigarette manufacturing business, including counterfeits.

UPDATE 4:34 p.m.: After initially being told by a federal authority that details would be available later, we're now told the search warrant is still under a court-ordered seal and no more information will be released. We'll continue to try and find out what we can.

An 18-year-old Le Roy resident and a 17-year-old Le Roy resident are charged with endangering the welfare of a child and unlawful possession of marijuana. Le Roy PD responded to a report of the smell of marijuana in an apartment. After a brief investigation, officers concluded the youths possessed and smoked marijuana in the apartment while two youths under age 17 were present. The 18-year-old was jailed on $500 bail. Le Roy PD did not release the names of either individual.

Christopher E. Merrell, 53, of Bergen, is charged with aggravated unlicensed operation, 2nd, no seat belt, inadequate exhaust, illegal window tint and unlicensed operation. Merrell was stopped by State Police on Route 98, Alexander.

Three people have been arrested as the result of two separate investigations into the illegal sale of narcotics in Genesee County.

In the first investigation, arrested were Sege D. Kalmbacher, 39, of Overlook Drive, Batavia, and Paula R. Kalmbacher, 43, of Overlook Drive, Batavia.

Sege is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Paula faces one count of criminal sale of a controlled substance, 3rd, and one count of criminal possesison of a controlled substance, 3rd.

Both are accused of selling a controlled substance to agents of the Local Drug Task Force.

Sege was arrested Friday and jailed on $10,000 bail. Paula turned herself in Monday and was released under supervision of Genesee Justice.

In the second investigation, arrested was Cynthia C. Richardson, 35, of Maple Street, Batavia. 

Richardson is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. 

She is accused of selling a controlled substance to an agent of the Local Drug Task Force.

She was arrested at the courts facility and jailed on $10,000 bail.

Thomas E. Hensel, 31, and Tonya D. Smith, 29, are charged with grand larceny, 4th, and conspiracy, 6th. Hensel and Smith were allegedly caught stealing items from the Target store. Upon further investigation, they were found to have allegedly committed additional larcenies during March at Target and Walmart. Hensel was charged with four counts of petit larceny and Smith was charged with one count of grand larceny, 4th, and two counts of petit larceny. Some of the stolen items were recovered.

Amir D. Gifford, 19, of Cherry Street, Batavia, was arrested on a warrant for alleged violation of probation. Gifford turned himself in. He was jailed on $2,500 bail.

Jessica M. Rivera-Mann, 31, of Liberty Street, was arrested on a pair of warrants related to alleged parking violations. Rivera-Mann turned herself in and entered a guilty plea in City Court. and was ordered to pay a $100 fine within 60 days.

Kerri L. Forsberg, 43, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a harassment, 2nd, charge. Forsberg was arrested following a reported incident at UMMC on April 3.

Laura J. Reed, 23, of Walnut Street, Batavia, is charged with unlawful possession of marijuana. Reed was allegedly found in possession of marijuana at 6:18 p.m. April 10 by Officer Jamie Givens.

Kenardo R. Fields, 25, of Ellicott Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Fields was allegedly involved in a domestic incident at 9:20 a.m., Sunday.

Zachary Michael Burk, 18, of Sparks Road, Pavilion, is charged with petit larceny. Burk allegedly stole a 30-pack of Busch beer from Pavilion Farm Market.

Charles H. Wroten, 54, of Buell Street, Batavia, is charged with aggravated DWI (Leandra's Law), DWI, improper right turn, improper signaling a turn. Wroten was stopped at 11:03 p.m. Tuesday on West Main Street, Batavia, by Sgt. Ron Meides. Wroten is accused of driving while intoxicated with a child less than 15 years old in the vehicle.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with possession of a forged instrument, 2nd. Sigl was arrested on a warrant. He was jailed without bail.

Taylor Nicole Tillotson, 19, of Perry Road, Le Roy, is charged with trespass. Tillotson allegedly returned to College Village after being banned from the property.

Oral arguments in the latest appeal of Scott Doll's murder conviction were heard by Judge Robert C. Noonan this morning in Genesee County Court.

Timothy P. Murphy represented Doll and ADA William Zickl represented the people.

Murphy's appeal is based on a few key points:

• There was no "emergency doctrine" need to transport Doll from Pembroke to the Sheriff's Office on Park Road the early morning of Feb. 19, 2009 after Doll was found in blood-covered clothes and blood was found on his vehicle parked at North Lake Road and Main Road. Doll, Murphy argued, was taken into the custody, not just merely held in an attempt to find out if somebody was hurt and in need of help;
• There was no DNA evidence taken from under the fingernails of the murder victim, Joseph Benaquist. If there had been, it's possible the presence of a third party at the scene might have been discovered, which could have changed the outcome of the trial;
• The failure of Doll's defense attorneys, Paul Cambria and Dan Killelea, to raise these issues at trial constitutes incompetent representation.

Zickl countered:

• Doll's defense had every opportunity to raise these issues and did in fact raise these issues, at the trial level and through the appeals process and they lost on the rulings;
• The emergency doctrine does apply to the transport of Doll because the emergency continued unabated until the body of Benaquist was discovered;
• The transport was necessary because investigators felt certain that Doll was covered in human blood and even though they didn't yet know what happened, it was likely a crime might be discovered and the evidence needed to be secured, rather than letting Doll walk around in 10-degree weather;
• Because Noonan served as trial judge, he knows Doll received a vigorous, cogent and coherent defense that can hardly be characterized as incompetent;
• Even if DNA had been collected, and even granting for the sake of argument that a third-party presence might have established, that fact wouldn't have changed the outcome of the case. The evidence that Doll killed Benaquist is simply overwhelming and conclusive. Where Murphy argued that physical evidence indicates Benaquist was involved in a struggle against attackers, Zickl argued the evidence is clear that Benaquist was ambushed and had little opportunity to defend himself. 

Noonan said he should have a written ruling in about a week.

A vehicle found burning in a field off Bloomingdale Road, Basom, early yesterday morning, was stolen, according to Chief Deputy Jerome Brewster.

The 2002 Ford F150 pickup was stolen from a residence on Draper Road, Akron.

The fire was reported at 4:43 a.m. and the truck was completely engulfed by the time first responders arrived on scene.

The criminal investigation is being handled by the Erie County Sheriff's Office.

Alabama fire handled the call.

Jacqueline Raj Garrett, 36, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana, two counts of criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, aggravated unlicensed operation, 2nd, and uninspected motor vehicle. Garrett was stopped at 5:37 p.m. Sunday on Main Road, Stafford, by Deputy Michael Lute. Garrett was jailed on $100 cash bail. A passenger, Aaron D. Swimline, 29, of Tinkham Road, Darien, was charged with unlawful possession of marijuana.

Jeanette Higgins, 39, of 23 Holland Ave., Batavia, is charged with two felony counts of offering a false instrument for filing, 1st, and one count of petit larceny. Higgins is accused of submitting forms to DSS that didn't disclose cash child support payments. Higgins allegedly received $208 in food stamp payments in February and March for which she wasn't entitled. Higgins was arrested by a Sheriff's deputy following an investigation by DSS.

Adrionna S. Ellison, 18, of Rochester, is charged with criminal trespass, 3rd. Ellison was reportedly ordered to leave College Village property and not return. A security officer later allegedly found her hiding under a bed in one of the apartments. She was arrested by State Police and issued an appearance ticket.

Lydia Grossi-Young, 45, of Hopkins Road, Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Grossi-Young was alleged involved in a domestic incident at 2 p.m. Sunday in Batavia.

Daniel Paul Molina, 35, of West Broad Street, Rochester, is charged with aggravated unlicensed operation, 1st, unlicensed operator and driving a vehicle without proper stop lights. Molina was stopped at 6:47 p.m. Saturday on Route 77, Pembroke, by Deputy Joseph Corona. Molina allegedly has more than 10 prior driver license suspensions. Molina was jailed on $5,000 bail.

A 16-year-old resident of County Route 53, Arkport, is charged with unlawful possession of marijuana. The youth was a passenger in a vehicle stopped at 6:06 p.m. Saturday on Route 77, Pembroke, by Deputy Joseph Corona, and allegedly found in possession of marijuana.

Jaime Lynn Killinger, 38, of West Taft Road, Le Roy, was arrested on warrants stemming from a DWI charge and a charge of driving with a BAC of .08 or greater. Killinger was arrested by the Irondequoit Police Department and turned over to the Sheriff's Office and jailed on $500 bail.

Eric Robert Root, 18, of West Avenue, Spencerport, is charged with unlawful possession of marijuana and speeding. Root was stopped at 6:54 p.m. Friday on Parkview Drive, Bergen, by Deputy Joseph Corona.

Kyle Timothy Johnson, 25, of Park Avenue, Waterport, is charged with possession of a hypodermic instrument. Johnson was arrested at 1:52 a.m. Friday on West Main Street, Le Roy, by Deputy Joseph Corona, after allegedly being found in possession of a hypodermic instrument he was not legally allowed to possess.

Jason L. Cramer Sr., 30, of Water Street, Attica, is charged with burglary, 3rd, petit larceny and criminal mischief, 4th. The arrest stems from an alleged incident reported Nov. 6 at a residence on Liberty Street, Batavia. Cramer was jailed without bail.

Andrew L. Kosiorek, 43, of Wood Street, Batavia, was arrested on a warrant stemming from a charge of criminal possession of a controlled substance, 7th. Kosiorek allegedly failed to comply with terms of Drug Treatment Court and was jailed on $100,000 bail.

Mark W. Grabowski, 57, of Chestnut Street, Batavia, was arrested on a warrant stemming from an unreasonable noise charge.

A 20-year-old Le Roy resident allegedly used a knife in a confrontation with another person and has been charged with second-degree assault as a result.

Le Roy PD did not release information on the nature of injuries, if any, sustained by the victim.

Jarrod K. Fotiathis was jailed on $20,000 cash bail or $40,000 bond.

He is also charged with criminal possession of a weapon and unlawful possession of alcohol.

Brittany B. Cina, 25, was also charged with harassment, 2nd. Cina allegedly punched a person. She was issued an appearance ticket.

From The Batavian's news partner, 13WHAM.

Steve Pike, the 18-year-old Perry resident charged with aggravated cemetery desecration, explained today why he dug up his father's urn at St. Joseph Cemetery.

I get it," Pike said. "They might have saw disrespect, but he's my father. I think the urn is right under only about that deep under. I never even thought I would be as close to my dad as I was. I got his jacket. I got his Coca-Cola stuff. I got all this stuff, but you know you want closure." 

Pike's father died in 2006. 

"I can't find anybody. Nobody really gets it. So I went over to the cemetery and I just grabbed a shovel. Little, not a big shovel. Just lifted up the dirt, put up the grass, and I found it and I kind of just broke down emotionally right there, and I'm like, 'Wow, Dad,'" he said. "I never thought I would be that close to my dad. I can't hug him. If his body was under there and not his ashes, I'm not going to dig up his body."

Pike turned himself in today. He was issued an appearance ticket and released.

UPDATE: Here's a link to 13WHAM's full story where Pike explains further that he didn't learn who his biological father was until after his father died.

An 18-year-old Perry resident has been charged with aggravated cemetery desecration for allegedly digging up and taking home the urn containing his father's ashes.

Stephen E. Pike turned himself in after learning the police planned to charge him, according to a release from Batavia PD.

Sometime on Monday, Pike allegedly took the urn and carried it to his residence.

The urn was retrieved by detectives and re-interned at the cemetery.

Charles R. Lowe, 51, of 8131 E. Main Road, #6, Le Roy, reportedly fell asleep while driving westbound on East Main Street, Village of Le Roy, at a speed of 52 mph in the 30 mph zone.

His vehicle veered from its lane and rear-ended a vehicle paused to turn left onto Wolcott Street. That car then struck another vehicle on East Main Street.

The other two drivers suffered minor injuries.

Lowe was taken by Mercy Flight to Strong Memorial Hospital and was initially in the intensive care unit.

He's also charged with reckless driving, speeding, failure to use designated lane, following too closely and two counts of assault in the third degree and criminal negligence.

Following the accident, Lowe was entrapped in his vehicle and required extrication by the Le Roy Volunteer Fire Department.

The Sheriff's Office Crash Management Team assisted in the investigation.

Lowe was issued an appearance ticket and is due back in Le Roy Town Court on April 27.

Cindy Lou Bush, 53, of Route 98, of Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly at a residence with five people under an order of protection forbidding her not to contact the individuals. She was jailed on $2,500 bail, $5,000 bond. Bush was also wanted for alleged failure to appear on five prior counts of criminal contempt stemming from a single incident.

Barbara Jean Salmon, 44, of Coal Hill Road, Taberg, is charged with possession of more than 400 untaxed cigarettes, tinted windows and plate obstruction. Salmon was stopped at 11:38 a.m. Tuesday on Route 77, Pembroke, by Deputy Patrick Reeves.

Amanda Christine Paige, 24, of Park Street, Pavilion, is charged with grand larceny, 4th. Paige is accused of stealing from a business.

Batavia PD investigators and the District Attorney's Office are sorting through legal statutes to figure out exactly what crime to charge a local 18-year-old man with after he allegedly dug up a relative's urn at St. Joseph's Cemetery in Batavia.

The 18-year-old apparently decided he wanted to keep some of ashes of a many-years-deceased relative, so he dug up the urn and took it home, according to Det. Todd Crossett.  

The hole in the ground at the cemetery was discovered yesterday and police quickly identified a suspect.

"In 18 years, this is a first," Crossett, referring to the first grave robbing investigation of his career.

Since it is an unusual case, and the fact that what was stolen is ashes, which creates a small legal wrinkle that investigators want to straighten out, they are looking for some legal clarifications before actually filing charges, Crossett said.

Crossett said an arrest could come as soon as today and police will release more details once the suspect is booked and processed.