crime

A young black male, possibly Hispanic, was the subject of a police pursuit after a caller told dispatch he was observed stealing gas cans from a residence on West Main Street Road and attempting to fill up a maroon two-tone pickup truck with gasoline.

He's now in custody after he hopped a fence at the Batavia Meadows apartment complex and ran behind Valu Plaza, jumped into the Tonawanda Creek and climbed up the other side.

He dropped something along the way and law enforcement is looking to recover it, possibly a blue duffle bag and some other sort of bag.

He's said to be wearing blue jeans, a black coat with yellow on the sleeves, and a black hat.

He was captured after he went up Meadowcrest Drive and "he is looking at felony charges." Multiple law enforcement units responded to the call.

Nicole M. Bilby, 26, of 3476 W. Main St. Road, Batavia, is charged with trespass and resisting arrest. Bilby was allegedly unruly and disruptive while at the Batavia PD at 9:05 p.m., Friday. Officers directed Bilby to leave several times and she allegedly refused to leave. When taken into custody, Bilby allegedly resisted arrest. Bilby was jailed on $1,000 bail.

Joshua L. Baltz, 36, no residence provided, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Baltz is accused of offensive conduct in violation of an order of protection. Baltz allegedly called the protected person derogatory names and postured in a threatening manner. A child was reportedly present at the time. Baltz was jailed on $5,000 bail.

Rae C. Cook, 23, of 218 Ellicott St., upper, Batavia, is charged with harassment, 2nd. Cook is accused of threatening and pushing another person while at UMMC at 3 p.m., Saturday.

Tasshire T. Brown Sanders, 18, of 7 Caffery Place, Rochester, is charged with disorderly conduct. Brown Sanders is accused of standing in front of a residence on Oak Street and shouting obscenities and refusing to leave the area.

Eric D. Mancuso, 18, of 20 Woodrow Road, Batavia, is charged with unlawful possession of marijuana. Mancuso was allegedly found in possession of marijuana during at traffic stop at 10:33 p.m., Saturday, by Sgt. Dan Coffey.

Dan'l R. Fischer, 35, of 139 Jackson St., Batavia, was arrested on a bench warrant after allegedly failing to appear for a court date. Fischer was incarcerated in the Livingston County Jail at the time of his arrest.

Jeffrey Lynn Hayes, 48, of Meadow Circle, Avon, is charged with criminal possession of a controlled substance, 7th. Hayes was turned over to the Sheriff's Office on an arrest warrant out of Town of Byron Court.

A Sheriff's deputy investigating the case of a pickup truck doing donuts in the snow at two locations in Darien, one where a building was damaged, obtained a close-circuit videotape that showed a black Chevy pickup truck with a female passenger.

Any damage on the vehicle would be on the driver's side rear.

The time frame has been narrowed to 1 a.m. to 2 a.m., Saturday.

The photo above is NOT of the truck, but the truck is believed to look a lot like it.

The Sheriff's Office is investigating some property damage at two different locations in Darien apparently caused by a driver doing donuts, rubber burns and spinouts in the parking lots of two establishments.

One building, Johnny Bears Family Restaurant, 1415 Broadway, was struck during the overnight incident and sustained damage.

The vehicle is believed to be a pickup truck and it struck the building with it's rear driver's side.

After damaging Johnny Bears, the pickup traveled to Triple C Shop Mart on Route 20 and did extensive burn outs and spins, damaging the parking lot and gas tank covers.

All of the damage was caused between 9 p.m. and 4 a.m.

Anyone with information about the incident can contact the Sheriff's Office at (585) 343-5000.

A State Street resident involved in a brief standoff with police after he allegedly fired a shot from a .357 magnum in his rooming house is facing three criminal charges.

Dennis G. Wolfe, 51, of 218 State St., Batavia, is being held without bail on charges of criminal possession of a weapon, 3rd, reckless endangerment, 1st, and menacing a police officer.

Officers responded to 218 State St. at 3:52 p.m. after receiving two 9-1-1 calls from neighboring tenants who said they heard a single gunshot from inside the building.

Within minutes, Wolfe was located in room #10 and the responding officer radioed for backup, reporting that Wolfe was holding a gun.

According to police officials, Wolfe allegedly pointed the gun alternately at himself and a police officer.

After about 15 minutes of negotiations, Wolfe was convinced to drop the weapon.

According to police, Wolfe was involved in an ongoing dispute with a neighbor and was being evicted from the rooming house as a result.

Nobody was injured in the incident.

The investigating was conducted by Sgt. John Peck, Det. Paul Caffo, Det. Todd Crossett, Det. Kevin Czora, officers Thad Mart, Kevin DeFelice, Matt Lutey and Jamie Givens.

Also responding to the scene were deputies and troopers.

UPDATED, 3:56 p.m.

A NYS Supreme Court Justice has stayed the five-year prison term of Jacquetta Simmons pending an appeal of her sentence. The 27-year-old Batavia woman was convicted of punching a 70-year-old Walmart cashier a year ago Christmas Eve.

Simmons can be released from prison on either $50,000 cash bail or $50,000 bond or other security.

District Attorney Lawrence Friedman and ADA Melissa Cianfrini appeared in the chambers of Associate Justice Rose Sconiers, Appellent Division, 4th Department, this afternoon to argue against defense motions in the case.

Friedman said Sconiers isn't required to offer a reason for issuing the stay, but the argument that seem persuasive to her was the defense contention that Simmons' sentence was overly harsh.

Three attorneys represented Simmons, Friedman said, and argued that no other first-time felony offender convicted of second-degree assault in Genesee County since 2006 has received a prison term.

Two of the attorneys for Simmons said this afternoon that there were several reasons they believe the sentence was overly harsh, including all of the arguments raised by Attorney Ann Nichols in her statement to Judge Robert C. Noonan at the sentencing.

Among the factors -- she said she believes Noonan should have given more weight to Simmons' lack of documented encounters with the law, her college education, her steady employment, her volunteer work in the community and the broad range of support from "people who actually know her."

Attorney Earl Key added, "There are lots of things in our report that were raised at sentencing, but we put the law behind them and really detailed the law on what harsh and excessive is."

The defense team is also pursuing an appeal on the conviction of Simmons, and still believe they can get the conviction overturned, but Key said they led off today with the issue of the sentence.

Friedman said he and Cianfrini could have argued the case over the phone, but went to Buffalo to represent the people of Genesee County and the victim, Grace Suozzi, in person, rather than let only the defense appear in chambers.

The defense has until May 31 to finalize its motion and present its legal briefs.  Assuming Simmons makes bail, she could be out of prison until a ruling on the motion is issued.

Key said the actual order by Sconiers hasn't been signed yet, and until he has it in hand, he declined to discuss the process by which Simmons might be released from prison.

A Batavia resident was stopped by members of the Local Drug Enforcement Task Force while driving in Alabama on Thursday evening and allegedly found in possession of heroin and cocaine.

Joe C. Wind, 42, of Horseshoe Lake Road, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument.

Investigators allegedly found a needle with suspected heroin residue, a bag containing suspected heroin, a bag containing suspected cocaine and a glass pipe containing suspected cocaine residue.

Wind was issued an appearance ticket and released.

Uniformed deputies assisted in the traffic stop.

A gunshot into a residence on Broadway Road, Darien, passed within a foot of the head of an occupant at about 4:30 p.m., Thursday, according to the Sheriff's Office.

Nobody was injured in the incident, but investigators are looking for information that might help them determine who fired the shot.

The projectile is identified as a .45 caliber sabot slug. The type is commonly used in a rifle-barreled shotgun, according to the Sheriff's Office.

The slug passed through a sliding glass door at the rear of the home from a southerly direction. It stopped when it struck a panel door.

Damage at the residence is estimated at $1,000.

The location of the residence is between Tinkham Road and Route 77.

Anybody with information that may assist in the investigation is asked to call (585) 343-5000.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, Batavia, is charged with aggravated sexual abuse 3rd. Leach is accused of jamming a toothbrush into the rectum of another Genesee County inmate while that person was sleeping. Bail on the new charge was set at $10,000.

John Thomas Jaccoud, 40, of Hutchins Street, Batavia, is charged with petit larceny. Jaccoud is accused of stealing from Darien Lake Theme Park while employed at the park.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with criminal contempt, 2nd. Doward is accused of violating a stay-away order of protection. Doward allegedly went to the residence of the protected party and called that person on the telephone.

Melissa G. Betances, 31, of 189 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of violation an order of protection by contacting the protected party via text message.

Nicole E. Reilly, 19, of 10483 Bethany Center Road, Bethany, and Jennifer L. Judkins, 18, of Albion, are charged with petit larceny. Reilly and Judkins allegedly stole merchandise from Dollar General on East Main Street, Batavia.

Batavia PD is seeking assistance in identifying the man in this photo. He is a possible suspect in Tuesday's robbery of the Dollar General on East Main Street.

The suspect is described as a light-skinned black male, approximately 6-feet tall, wearing blue jeans and a dark Carhartt-style coat.

Anyone with information can contact the Batavia PD, Det. Todd Crossett at 345-6353, or 345-6350.

Tovia Poles, 24, of 77 W. Main St., Le Roy, is charged with grand larceny, 4th. Poles is accused of finding a wallet and rather than turn it into police, kept the wallet, destroyed the contents and then used the wallet herself. The person who lost the wallet reportedly left it on top of her car and then drove off from a parking spot on West Main Street, in the Village of Le Roy. The wallet fell to the ground at that location. The wallet contained personal identification, a credit car, a driver's license and a checkbook.

Chad Edward Merle, 31, of Broadway Road, Alexander, is charged with violation of a Family Court act. Merle was picked up on a Family Court warrant.

Twenty-year-old James Russell Kosiorek will have to go to prison, Judge Robert C. Noonan ruled Wednesday afternoon.

The former Le Roy resident had his sentencing delayed last week after Noonan decided he wanted more information on Kosiorek's mental health.

Today, Noonan said he was looking for some information that might explain why Kosiorek felt it was OK to flee to South Carolina after he was arrested on a felony assault charge.

"I was looking for some overriding, unreported psychological issue to help explain to me how you could behave so irresponsibly," Noonan said, "especially after a probationary sentence was placed on the table."

While it seems that no mental health professional who came into contact with Kosiorek ever really dealt with issues related to Kosiorek witnessing his brother's death at age 13, Noonan said that still didn't explain while Kosiorek fled.

He also noted that Kosiorek has found a new lease on life with a baby and plans to get married, but that at least one to three years in state prison was still the appropriate sentence.

Kosiorek was arrested in October 2010 for punching and kicking a victim in the head.

After jumping bail and heading to South Carolina, Kosiorek found a job, fathered a child and was engaged to marry.

At the first phase of his sentencing last week he said his new family meant everything to him and he wanted to lead a better life for his daughter.

Noonan did rule that Kosiorek could be considered a youthful offender, which means when he completes his prison term, he won't have a felony on his record.

"You will have that chance to start somewhat fresh when you are released," Noonan said.

A Batavia man accused in September of causing a brain injury to a baby entered a guilty plea today to a single count of reckless assault of a child.

Twenty-four-year-old Randy Johnson faces up to seven years in prison on the conviction. The Class D felony carries no mandatory prison sentence, however, so the full range of sentencing options will be available to Judge Robert C. Noonan on Jan. 25, when Johnson is back in court.

Johnson entered his plea under what known as an Alford basis. The written charge contained a factual allegation that Johnson hit the baby's head on a hard surface. Johnson did not want to admit to that allegation as a fact.

The Alford plea allows Johnson to plead guilty on the assumption he would be convicted by a jury, but without admitting to any specific facts related to the charged crime.

In a written statement, and a spoken one he made today after his guilty plea, Johnson admitted to actions that led to the baby's injuries.

"I should have watched my actions," Johnson added after he said he was guilty on the charge.

In a written statement obtained by police Sept. 20, Johnson said that four weeks prior the baby he injured was crying and woke him up early in the morning. He said he was irritated and snatched the baby from its crib.

"When I snatched him, his head snapped back real fast, like a whiplash, then it went forward," he wrote.

On other occasions, Johnson wrote, he would play with the baby by throwing it in the air. At first, this made the baby laugh, but later it made the baby cry, and in the statement he admits that throwing the baby in the air and causing him to turn in the air, could have caused the baby's injuries.

According to Noonan, the baby's injuries consisted of subdermal and retinal hemorrhaging.

Johnson was arrested Sept. 25 and charged with three counts of reckless assault of a child. The plea satisfies all three counts.

On Aug. 24, Johnson took the stand in the Jacquetta Simmons case as a defense witness. District Attorney Lawrence Friedman attacked Johnson's credibility relentlessly while he was on the stand, indicating that Johnson had changed his story from his earlier interviews and what he testified to in court.

Johnson, as Friedman claim in court, has reportedly had numerous prior contacts with law enforcement. In 2009, he was charged with criminal mischief and unauthorized use of a motor vehicle. He was arrested in December 2010 on a harassment charge. In March 2012, he was charged with reckless endangerment of property.

Police are looking for a white male wearing a Pittsburgh Steelers jacket and riding a bicycle in the area of the Dollar General store on East Main Street in Batavia. He reportedly "threw product" at a female customer inside the store after "becoming irate" following some sort of exchange. He was last seen leaving on the bike behind the store, which is located at 412 E. Main St., #3. Batavia PD is on scene.

A robbery just occurred at the Dollar General store on East Main Street in Batavia. The suspect fled on foot, heading east of the store toward Harvester Avenue. The suspect is described as a black male, 6-feet tall, about 240 pounds, wearing a camel-colored jacket. Multiple police units are responding to the store and the area. The suspect "pointed a pocket at (the clerk), indicating he had a gun."

UPDATE 6:53 p.m.: The suspect is further described as having a mustache, a small Afro hairstyle, and also wearing jeans.

UPDATE 7:55 p.m. (by Howard): On the scene, Sgt. John Peck said the suspect is described as a possible Hispanic male, medium skin tone, probably in his 20s, wearing a hooded Carhartt-type jacket.

The suspect handed the clerk a note "threatening harm" and pointed to his hip indicating a gun possibly in his jacket pocket or under his coat.

The clerk complied with the demands of the note and opened the drawer. The man reached in and grabbed all of the cash out of the drawer.

Peck said detectives are reviewing video footage from the store's surveillance cameras.

It's possible the suspect has been in the store before.

The suspect was last seen running toward Pizza Hut.

"As far as we know it was just him," Peck said.

Local law enforcement responded quickly after the robbery was reported, Peck said. Besides three Batavia PD patrols, the State Police and the Sheriff's Office had cars in the area.

"By sheer luck, we were very, very near," Peck said. "We don't think any vehicle was involved. We saturated the area and turned up nothing so far."

Dashawn A. Butler, 33, of 101 Summit St., right, Batavia, is charged with unlawful dealing with a child, 1st, criminal nuisance, 2nd, and unreasonable noise. Batavia PD responded to 101 Summit at 11:43 p.m., Saturday, on a complaint of a loud party. The police department reports having received numerous prior complaints for noise and underage parties. Butler was previously charged on similar allegations Oct. 20. On Saturday, officers report finding several underage people in the residence and the odor of marijuana. Butler was charged with unreasonable noise and maintaining a premise where unlawful conduct occurs for allegedly allowing persons under age 21 to consume alcohol. Following arraignment in city court, Butler was jailed on $10,000 bail.

Kasean L. Shannon, 20, of 119 State St., #4, Batavia, is charged with menacing, 2nd, criminal obstruction of breathing and harassment, 2nd. Shannon is accused of choking and menacing a woman with a knife during an argument at 9:30 a.m., Sunday.

Willie Miles Jr., 48, of 45 Washington Ave., Batavia, is charged with criminal mischief, 4th, disorderly conduct and harassment, 2nd. Miles is accused of damaging two windows at a residence.

Curtis J. Doward, 18, of 26 Ganson Ave., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and unlawful possession of marijuana. Doward is accused of pushing another person and grabbing that person by the neck during a domestic incident. The alleged incident occurred in the presence of a young child. At the time of his arrest, Doward was allegedly found in possession of marijuana.

Joseph M. Dispenza Jr., 18, of 38 Church St., Le Roy, is charged with felony DWI, driving in violation of a conditional use permit, failure to keep right, moving from lane unsafely, inadequate headlights and refusal to take breath test. Dispenza was stopped at 2:40 a.m. Thursday on Pearl Street, Batavia, by Officer Darryle Streeter. Dispenza was jailed on $5,000 bail.

Bradley M. Crandall, 45, of 66 Lake St., Le Roy, is was arrested on a warrant out of drug court related to a DWI charge. Crandall was jailed on $100,000 bail.

Jason E. Carpenter, 34, of 33 S. Pearl St., Oakfield, is charged with harassment, 2nd. Carpenter was located on State Street and arrested on a warrant out of city court.

Kayla L. Rapone, no age or residence provided, was arrested on two bench warrants for alleged failure to appear in court.

Melissa L. Coufal, 42, of Bergen, is charged with possession of a controlled substance, 7th. Coufal was arrested by State Police in connection with an alleged incident from Nov. 19. Coufal was released on an appearance ticket. No further details were provided.

The Sheriff's Office has announced two arrests in connection with an incident Nov. 10 that led deputies and troopers responding to a house on Asbury Road, Le Roy, with lights and sirens after dispatchers were told a shot had been fired.

Steven A. Myers, 46, of Asbury Road, Le Roy, is charged with criminal mischief, 3rd, for allegedly shooting the phone of 17-year-old Brandon N. Benz, of Clinton Street Road, Batavia.

Myers reportedly came home and discovered Benz at the Asbury Road residence. He is accused of shooting a phone belonging to Benz.

Benz has been charged with sexual abuse, 2nd, and endangering the welfare of a child, both misdemeanors.

Nobody was injured in the incident.

The case was investigated by Deputy Bradley Mazur, Deputy Brian Thompson, Trooper Paula Caton and Investigator Roger Stone.

Leaha Rae Anne Wimmer, 20, of an undisclosed address in Darien, is charged with criminal possession of a forged instrument, 2nd. Wimmer is accused of using a forged/stolen check. She was jailed on $10,000 bail.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with harassment, 2nd. Benz is accused of pushing and shoving another person.

Joseph Anthony Mogavero, 19, of State Street Road, Batavia, is charged with unlawful possession of marijuana and possession/consumption of alcohol under age 21. Mogavero was arrested Saturday after Deputy Patrick Reeves was dispatched to Route 238 in Alexander for investigation of a suspicious vehicle off the roadway. Also charged with possession/consumption of alcohol under age 21 were Sean Patrick Francis Bodkin, 20, of Affinity Lane, Cheektowaga, Matthew Robert Blevins, 20, of Vernon Avenue, Batavia, and Nathan Alexander Demare, 19, of Brigham Road, Ferdonia.

Lucas George Yauchzee, 23, of West Bergen Road, Bergen, is charged with criminal possession of a controlled substance, 7th, and criminal possession of marijuana. Yauchzee's arrest comes after an investigation that began Dec. 26 when law enforcement responded to a report of a domestic incident at his apartment. Yauchzee is accused of possessing marijuana and hydrocodone.

Note: When the grand jury indicts individuals who have not been arrested, the indictments are sealed until the suspects are arrested and arraigned in county court. There have been a spate of recent arrests on sealed indictments. At the request of The Batavian, the District Attorney's Office today released all of the recent sealed indictments that have led to arrests. Some of these arrests have already been reported, but the indictments may contain additional relevant information.

Shawn Lardner is indicted on two counts of of criminal sale of a controlled substance, 3rd. Lardner is accused of selling oxycodone on Dec. 14 at the intersection of Peviner Road and Route 98, Alexander. On Dec. 15, Lardner allegedly sold oxycodone at the same location.

Robert Andreasen is indicted on counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Andreasen is accused of possessing and selling cocaine in the parking lot of Pizza Hut/Dollar General in Batavia on Feb. 4.

Randy Wilmet is indicted on a count of criminal sale of a controlled substance, 4th. Wilmet is accused of selling hydrocodone at a location on Ross Street on May 23.

Tracey Cook is indicted on two counts of criminal sale of a controlled substance, 3rd. Cook is accused of selling hydrocodone at 52 Columbia Ave., Batavia, on April 4 and April 18.

Cody Bush is indicted on a count of criminal sale of a controlled substance, 3rd and two counts of criminal sale of a controlled substance, 4th. Bush is accused of selling oxycontin at a location on North Street, Batavia, on April 19. He is accused of selling hydrocodone at 162 Bank St., Batavia, on May 4, and of selling suboxone at 412 E. Main St., Batavia, on May 17.

The sentencing has been delayed for a Le Roy man who fled to South Carolina after being charged with assault in the second degree for punching and kicking another person in the head in October, 2010.

James Russell Kosiorek, 20, formerly of Myrtle Street, was scheduled to be sentenced today, but Noonan postponed his decision until a more current mental health report could be produced.

A fugitive for a year, Kosiorek was returned to Genesee County in August after a potential employer's background check turned up a warrant.

Last month, Kosiorek entered a guilty plea to the assault charge with an agreement that his bail jumping charge was also satisfied by the plea. The sentence cap is one to three years, but Noonan could impose a lesser sentence, including probation or local jail time for less than a year.

After a lengthy statement by Kosiorek, which he tried to read, but Public Defender Gary Horton had to complete after he broke down crying a couple of times, Noonan asked to speak to Horton and ADA Kevin Finnell in a sidebar.

After the private discussions, Noonan said the issue was about the apparent incomplete mental health report in the presentence report. There was no information about mental health treatment -- or not -- after 2008. Noonan said he couldn't determine an appropriate sentence without that information.

Kosiorek's statement, he said, was the product of much reflection and a sincere desire to do the right thing for his fiance and baby daughter.

"I've promised her a better life than I've had for myself," Kosiorek said. "I will make it happen for her no matter what it takes and in the proper manner."

Prior to the assault, Kosiorek had never been in trouble with the law. He said the assault was a mistake that he regrets.

According to Kosiorek, his older brother died in his arms when he was 13 and as a result he developed a negative viewpoint.

Running away after he was arrested, he said, was an immature reaction, which he regrets.

While in South Carolina, Kosiorek became a father, got a job, rented an apartment and stayed out of trouble.

"I love them both so much," he said.

He also started attending church regularly, he said, and became very devout.

While it was his ambition once to enter the military and make it a career, if a felony conviction means that's no longer possible, he said he intends to go to college and become a better person.

"I want to be somebody who does something that matters," Kosiorek said. "I know I was wrong."