crime

From The Batavian's news partner, WBTA:

A young Pembroke woman, charged with manslaughter stemming from a fatal February accident in Bethany, will only be allowed to leave the home of her parents to attend outpatient rehab treatment.

Hannah Dibble, 22, appeared in Genesee County Court today asking permission to attend outpatient treatment and to attend church on Sunday morning.

Judge Robert Noonan allowed the outpatient treatment but denied permission for Dibble to attend church.

An evidence suppression hearing has been scheduled for Oct. 20th for lawyers to argue the admissibility of statements made by Dibble and others following the accident.

Dibble was driving the car in which 18-year-old Alyson Krzanak was killed and three others were seriously injured.

Dibble is accused of driving the car while intoxicated.

Press release:

The Batavia Police Department has received multiple complaints of fraudulent posts on social media (Craigslist, Facebook, and other similar Web sites) claiming to be John Gerace, a realtor of RealityUSA with property “for rent.” The postings are requesting a $700 deposit in exchange for keys to the residence. The only contact information on the postings is for sgtmonica000@gmail.com.

The Batavia Police Department with the assistance of John Gerace, would like to remind the community not to give money up front for a rental apartment without first walking through the apartment and signing a lease agreement. If you feel have been part of this scam, please contact the Batavia Police Department at (585) 345-6350 to report the incident.

A series of daylight residential burglaries has swept through the Town of Darien, reports the Sheriff's Office, and officials are asking for citizen help in thwarting the criminals.

In a statement from Chief Deputy Jerome Brewster, the office is asking that residents who see vehicles driving slowly through neighborhoods, stopped along the side of the road, or unfamiliar people walking down driveways or emerging from fields or wooded areas, be reported immediately.

Suspicious activity can be reported by calling 9-1-1 or (585) 343-5000.

Vehicle descriptions and license plate numbers are helpful if they can be obtained without risk.

There were three burglaries on Route 77, Darien, on Thursday and another was reported on Route 20 yesterday.  

Brewster said these crimes mirror similar reports in Erie and Wyoming counties, where jewelry and weapons have been stolen.

Tammy Kay Zasowski, 47, of Clinton Street, Elma, is charged with attempted petit larceny and criminal possession of stolen property, 5th. Zasowski was allegedly found inside a vehicle Sunday she did not have permission to be in by Darien Lake Theme Park security. Upon further investigation, she is a suspect in larcenies from cars in the Darien Lake parking lot on July 26. She was jailed on $1,000 bail.

Jeremy Jamal Barnett, 24, of Brooks Avenue, Rochester, is charged with possession of burglary tools, grand larceny, 4th, conspiracy, 5th and harassment, 2nd. Barnett is accused of stealing merchandise from Marshall's and concealing the store alarm tags with covers. He allegedly struggled with store staff after leaving the story. He was jailed on $10,000 cash bail or $20,000 bond.

Robert Emery Moore III, 29, of Ridge Road, Elba, is charged with unlawful possession of marijuana. Moore's vehicle was stopped at 8:35 a.m. Sunday on East Main Street Road, Batavia, by Deputy Chris Parker, for allegedly not having a front license plate. He was allegedly found in possession of a small bag of marijuana and a pipe.

Deborah Kristen Dibble, 46, of Shady Lane, Batavia, is charged with falsely reporting a crime, 3rd. Dibble is accused of falsely reporting a crime related to a domestic dispute Sept. 14 while knowing the allegation was false.

Toni M. Drake, 34, of Vine Street, Batavia was arrested on Sept. 21 at 7:18 p.m. and charged with allowing her dog to habitually bark for more than a half hour.

Drake is to be arraigned in City Court at 1 p.m. on Tuesday.

According to the Batavia PD report, her arrest came after she allegedly left her dog chained to a tree in the back yard unattended, allowing it to bark continuously for more than 30 minutes.

"Drake had been warned in the past not to allow her dog to bark continuously," says the report written by Sgt. Eric Bolles and released today.

Monta H. Little is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Little allegedly knowingly used a Visa credit card that was not hers, thus intending to defraud, deceived or injure another. In 21 additional counts, Little is accused of the same crime, using various credit and debit cards of the same victim.

Nelson Grant Jr. is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Grant allegedly knowingly used a MasterCard debit card that was not his, thus intending to defraud, deceive or injure another. In nine additional counts, the defendant is accused of the same crime using various credit cards.

Robert T. Assing Jr. is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. On April 3, in the Town of Batavia, Assing allegedly knowlingly used a Visa debit card that was not his, thus intending to defraud, deceive or injure another. In six additional counts, he is accused of the same crime while using a different debit card in each instance.

Terrance L. Falk is indicted for the crime of criminal mischief in the third degree, a Class E felony. On Dec. 29, 2014, Falk allegedly intentionally damaged the property of another person in an amount exceeding $250, when he had no right to do so nor any reasonable grounds to believe he had such a right. It was a glass window on a door on West Main Street in the Village of Le Roy.

Paul Joseph Zicari, 59, of Candy Lane, Rochester, is charged with: aggravated unlicensed operation, 2nd; operating a motor vehicle without a license; disposing of refuse on a highway; and driving a vehicle with broken glass. Zicari was stopped at 4:51 p.m. Thursday on Route 77, Pembroke, by Deputy Joseph Corona. He was jailed on $1,000 bail.

Jaylyn Shayquawn Strong, 20, of Porter Avenue, Batavia, is charged with: unlawful possession of marijuana; display of forged certificate without inspection; operation of uninspected motor vehicle; operation by unlicensed driver; unsafe turn. Strong was stopped at 8:40 p.m. Monday on East Main Street by Deputy Joseph Corona. Also charged with unlawful possession of marijuana was Labue Dean Jonathan Wimbush, 24, of Cherry Street, Batavia.

Jenea M. Macleod, 31, of Akron, is charged with petit larceny, harassment, 2nd, two counts of criminal possession of a controlled substance, two counts of criminal use of drug paraphernalia and controlled substance not in original container. Macleod was arrested by State Police after a shoplifting complaint at the Shoe Dept. Store in Batavia. Macleod is accused of stealing a $90 pair of boots. When Macleod attempted to leave the store, she allegedly struck an employee. Once stopped, a trooper allegedly observed in plain view on the floorboard some unused needles. Upon further investigation, she was allegedly found in possession of four 10 mg. oxycodone pills, a plastic baggie containing .4 grams of heroin, bath salts, a green scale and 20 small pink plastic baggies. She was jailed on $3,000 bail.

Alexander D. Koloko, 19, of Burlington, Ontario, Canada, is charged with petit larceny. Koloko allegedly stole a pack of $0.97 cigars from a local store.

Kasey Jame Wagner, 33, of Fletcher Chapel Road, Shelby, is charged with possession of a hypodermic instrument, criminal impersonation, 2nd, aggravated unlicensed operation, 3rd, and speeding. Wagner was stopped at 1:11 a.m. Wednesday on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Ronald Joseph Riley, 37, of South Avenue, Medina, is charged with unlawful possession of marijuana and speeding. Riley was stopped at 4:61 p.m. Wednesday on Route 77, Alabama, by Deputy Joseph Corona.

Joel Lawrence Curts, 31, of East Main Road, Le Roy, is charged with abandonment of animal and aggravated unlicensed operation. Curts is accused of abandoning a cat by the side of the road in the Linwood Road area of Le Roy. A witness called in a complaint, leading to the arrest of Curts. The case was investigated by deputies Chad Cummings and Michael Lute.

A 17-year-old resident of South Street, Le Roy, is charged with harassment, 2nd. The youth is accused of striking another person following a verbal argument.

Eric Lee Jamalkowski, 31, of Maple Center Road, Hilton, is charged with aggravated unlicensed operation, 1st, and bail jumping, 2nd. Jamalkowski was being held in the Monroe County Jail on unrelated charges and was turned over to the Genesee County Sheriff's Office on a warrant. He was jailed on $10,000 bail.

Morgan Lee Cox, 47, of Scribner Road, Pembroke, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Cox allegedly grabbed a woman around her neck and obstructed her breathing. He also allegedly punched and kicked her.

Deputies Michael Lute and Chad Cummings.

The two deputies who put themselves in harm's way to crawl down 300 feet of dark, damp, mud-filled corrugated metal to pull Wayne Rinker to safety on Friday hope the shoplifting suspect sees the video of his rescue, sees himself dropping like a gelatinous blob to the asphalt of the Batavia Towne Center parking lot, shivering in a fetal position, covered from head-to-toe in slime, and that in seeing himself so close to death, that it makes a difference in his life.

"I hope he decides to make a change," said Deputy Michael Lute.

Lute and Deputy Chad Cummings volunteered to rescue Rinker after it seemed pretty certain he was still in the storm drain, nearly five hours after he ran from a loss prevention officer at Kmart where he allegedly helped an accomplice steal Legos. The two men have been charged with petit larceny and conspiracy and additional charges are still pending.

Rinker's companion, 21-year-old Michael Delvalle, had already told Lute during a post-arrest interview that Rinker probably shot up heroin earlier, so when it came time to go into the hole, Lute knew he was volunteering for duty to find a guy who might have needles on him, might be uncooperative in a confined space, or could be in mortal danger.

He also knew he would be going down in the hole with the backing of a group of professionals in his department, State Police and Town of Batavia fire, as well as a man in Chad Cummings whom he considers one of the finest officers in the department.

"I knew I had the best backup in the world right behind me," Lute said.

For Cummings, crawling toward the unknown in darkened tunnels, that's just one of the things he does.

Tracking down a suspected criminal in a storm drain is comparable to looking for enemy combatants or their weapons hidden in the undergound passageways of Iraq, which is what he did during the war.

"I used some of that experience I had, and knowing we had the resources from here and from the other departments, from the camera and the robot, that I felt safe going down," Cummings said.

Confined spaces can easily fill with dangerous and noxious gases as well as provide an unexpected drop in oxygen supply, but the fire department strapped monitors to Cummings to keep tabs on the breathable air.

The two men moved slowly through the ooze, Cummings said. It would have been a lot harder on their hands and knees getting through the rippled pipe if not the bit of cushion two or three inches of mud provided.

At first, they weren't even sure the lump in the middle of the tunnel was Rinker. It even crossed the mind of Cummings that it could be some homeless guy who crawled into the drain at another time, and Lute thought of a racoon's nest.

Or Rinker could be playing possum.

"Once Deputy Lute started to see an object in the tunnel, we kind of stopped, assessed and we were giving information back to the outside, letting them know that we did see the suspect," Cumming said. "Then Deputy Lute and I approached cautiously, and once we were there, Deputy Lute was trying to communicate with him. The suspect wasn't communicating back. At that point, we knew we had to pull him out."

There was a moment where Lute and Cummings didn't think Rinker was even breathing, but then Lute caught the slight movement of Rinker's chest heaving under the light of his helmet and they knew he was still alive, though obviously in bad shape.

"Once we realized he was hypothermic and on the verge of dying, we knew we had to get a harness around this guy and drag him out, so we just went to work and got it done," Lute said.

Both Lute and Cummings are fairly new to the Sheriff's Office. Cummings, originally from Massachusetts and married to a Batavia girl, joined a year ago after 13 years in the Army and six as a corrections officer at the Federal Detention Facility in Batavia. Lute pinned on his star-shaped shield for the first time in January. He's originally from Niagara County and spent more than two years working part time for both the Akron and Corfu police departments.

Though they're new guys, they volunteered to crawl into the storm drain. This wasn't a case of dirty, undesirable duty just rolling down hill.

For the first several hours of the operation, authorities couldn't even be sure Rinker was in the storm-drain system. It was only after surveillance video from Kohl's was finally made available and a camera-equipped robot had been in the tunnels that Sheriff's personnel felt certain Rinker was still in that dank space.

"We knew he was down there and we were going to have to go in and find him because if he was unconscious, hurt, we weren't sure what the drugs, what kind of effect it had on him after a big adrenaline rush to now laying down in the cold, wet mud, so we couldn't just leave the scene without clearing and verifying that he is no longer down there," Cummings said.

At some point, the operation ceased to be purely a law enforcement mission for the deputies. There was a human being down there who probably needed their help.

"Once we rescued him out of the tunnel," Cummings said, "then we can pursue and follow up with the charges, but at that point it just became more of a rescue operation vs. we were just looking for a suspect. We knew there was a person down there who needed help. Obviously, he wasn't responding to us to help himself to come out. He was determined to stay down there, and at some point, I believe he didn't have the option of moving to get himself out."

That tunnel was a miserable place to be, Lute said.

"Dark and dingy and cold and wet," Lute said. "Not a nice place to be for anyone, I don't care who you are."

When Lute later walked into Rinker's room at UMMC, the trooper guarding him told Rinker, "this is the guy."

"He looked at me," Lute said, "and he said, 'Thanks, man. Thanks for saving my life.' "

Previously:

• Police looking for fleeing subject near Office Max, Batavia Downs
• Man pulled from storm drain told authorities he used heroin prior to arrest

A Sheriff's deputy thought he spotted a warrant suspect along the bank of the Tonawanda Creek behind the old water plant this afternoon, and because this individual is considered a flight risk, multiple patrol units responded to assist in the suspect's apprehension.

On scene were patrols from the Sheriff's Office, State Police and Batavia PD.

"With him being on the creek bank, he's got multiple options of which way to go, so we tried to get some people in the area in case he took off on us," said Sgt. Dan Coffey, Batavia PD.

It turned out the person the deputy spotted wasn't the suspect. It was his brother.

With that man were two other individuals. They had tucked themselves away in a wooded area.  

When patrols responded the three individuals were found in possession of a substance that is being sent to the crime lab for analysis. They were also allegedly in possession of needles; they are being charged with criminal possession of a hypodermic instrument, Coffey said. 

Additional charges may be pending, depending on the outcome of the lab tests.

The names of the three men arrested will likely be released later today.

The original warrant suspect has not yet been located.

The Batavia man accused of scalding his girlfriend's dog with boiling hot water would not admit in court today to the crime, but he did plead guilty to a cruelty to animal charge.

Brandon Maldonado, 26, entered his plea under what's known as an Alford basis.

That means he doesn't admit to actually committing the crime, but recognizes that a jury would most likely weigh the facts of the case and find him guilty.

The Class E felony, under New York's agriculture and markets law, carries a maximum prison term of two years. The plea deal caps Maldonado's sentence at 18 months.

Maldonado and his girlfriend, Melissa Broadbent, were arrested a month ago.

According to statements provided by police from Broadbent's daughters, a month before that, Maldonado poured boiling water in a cup and then dumped it on the family's dog, Rocky.

Broadbent is accused of assisting Maldonado in trying to cover up the crime. Her case is still pending.

Once police became aware of the abuse of Rocky, the dog was taken to State Street Animal Hospital. Veterinarian Fran Woodworth reported that Rocky suffered serious burns and had been in significant pain. He will have some scars for the rest of his life.

Within days of her arrest, Broadbent appeared in City Court and willingly surrendered ownership of Rocky, who was staying at the county's animal shelter. More than a week ago, Rocky was adopted by a local resident.

Maldonado's bail of $10,000 cash or $20,000 bond was continued pending his sentencing in two weeks; however, he is also being held on no bail pending a parole violation review.

Previously:

• Rocky report
• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

Sometime around 5 p.m., a person walked into Plaza Spirits and started talking with the clerk. Somehow, the man distracted the clerk and when the clerk wasn't looking, the man reached into the cash drawer and grabbed money.

He then ran out of the store, located at 563 E. Main St. in Eastown Plaza.

It's not known how much cash was taken.

The suspect is described as a heavy-set black male. 

A detective responded and processed the crime scene.

No further information is available at this time.

A 33-year-old Holland Avenue resident has been arrested, accused of oral sexual contact with a female less than 11 years old.

Kenneth J. Tidd II is charged with two counts of predatory sexual assault against a child, two counts of first-degree criminal sexual act and second-degree course of sexual conduct against a child.

He was jailed without bail following arraignment in City Court.

The investigation opened over the weekend following a complaint to police. The child was seen by personnel at the Child Advocacy Center.

Tidd is accused of sexual contact with the child at times between 2013 and present.

Tidd is scheduled to next appear in court Thursday.

The man pulled from a storm drain in the parking lot in front of Kohl's Department Store on Friday told a deputy while at the hospital later the he had shot up all of the $100 in heroin he purchased that morning in Rochester, according to a court document.

Wayne L. Rinker, 30, of Webster, was barely breathing -- in fact, at one point when he was first discovered a deputy had a hard time detecting a pulse -- when he was found by deputies lying in inches-deep water and mud in the storm drain.

When first located, deputies said it just looked like a hump in the middle of the pipe. They didn't confirm it was a person until they reached him.

The heroin may have contributed to his medical condition, according to sources. He was transported to UMMC some five hours after a deputy saw him enter the storm-drain system through a drainage ditch behind Office Max on Veterans Memorial Drive.

While deputies felt confident Rinker was in the storm drain, there was no certainty until he was actually located.

At least one deputy expressed concern during the search that if they walked away without confirming his location, he could be trapped underground, so the search pressed on with lights, binoculars and sewer pipe cameras.

He was located once deputies Michael Lute and Chad Cummings agreed to enter the drain and crawl from end to end if they had to to reach him or confirm the drain was vacant.

Rinker was suffering from mild hypothermia when he was pulled from the drain.

Sheriff Gary Maha said Rinker would have died in that storm drain if deputies hadn't located him.

He's now in jail on $5,000 bail or $10,000 bond, charged with petit larceny and conspiracy. Other charges may be pending.

His alleged partner in crime, Michael Delvalle, 21, of Rochester, was also charged.

According to a court document, Rinker told a deputy that he bought $100 in heroin and Delvalle purchased $40 in cocaine. Statements in Devalle's court file indicate deputies found a quantity of cocaine in Delvalle's vehicle, which he admitted was his.

The two men allegedly loaded up a shopping cart with Legos and dog food, using the dog food to cover the Legos.  

"I didn't intend on stealing anything, but was with someone who was," Rinker reportedly said.

Delvalle reportedly told a deputy that Rinker acted as a lookout while he gathered the toys.

"I don't have any money," Delvalle reportedly said. "I lost my job recently at Autozone in Greece," and, "My kids gave me a list of toys they wanted," and "I came into Kmart to steal toys for my kids," and "I wanted to watch my kids enjoy the Legos."

Rinker was an active conspirator in the thefts, Delvalle reportedly told the deputy.

For Rinker's part, he didn't admit to much more than, "I was walking around the store with him. He was pushing the cart."

A loss prevention officer gave a statement to authorities saying she saw Rinker place the dog food on top of the toys.

When Rinker and Delvalle were stopped by security, the two briefly spoke with the store employee before Rinker fled.

"I took off from him so I wouldn't get in trouble," Rinker reportedly told a deputy; and, "I'll be honest with you, I gave the security guy an ID that wasn't me and then took off so I wouldn't get caught."

Previously: Police looking for fleeing subject near Office Max, Batavia Downs

Video by Dan Fischer, WBTA:

A second autopsy to try and determine when and how a baby died has been ordered for the infant found in the Liberty Street apartment of 28-year-old Christina Colontino.

Colontino was arrested in late August on a charge of second-degree murder.

The first autopsy was unable to establish with scientific certainty whether the baby was born alive, so Colontino, who had been held without bail, was released from jail. 

Judge Robert C. Noonan signed the order.

The next scheduled court appearance for Colontino, who is still facing a murder charge, is Thursday.

(via The Batavian's news partner, WBTA)

Previously:

• Liberty Street resident accused of murdering infant
• Hearing for murder suspect moved to Thursday
• Authorities can't prove live birth, so mother charged with murder released from jail
• No information forthcoming on why arrest made on murder charge before ME's report
• Candlelight vigil in Austin Park memorializes infant whose cause of death is undetermined

Kerri Lynn Forsberg, 43, of Fargo Road, Stafford, is charged with assault, 2nd. Forsberg was arrested on a warrant after she called 9-1-1 to report a disturbance. She was jailed on $100,000 bail.

Kristen M. Reilly, 18, of Bethany, is charged with driving while impaired by drugs. Reilly is accused of driving under the influence of marijuana. Reilly was arrested by State Police following a report of a one-vehicle accident on Mengs Road, Attica. Reilly allegedly suffered a knee injury and was transported to Wyoming County Community Hospital where a drug enforcement officer conducted an interview. She was also charged with failure to keep right and speed not reasonable and prudent.

Xavier Melendez, 28, of Reading, Pa., was arrested as a fugitive after being stopped by State Police on Route 63, Pavilion, for allegedly speeding. Melendez was allegedly wanted in Reading for escape after allegedly fleeing from police officers during a traffic stop. He was jailed in Genesee County on $1,000 bail and extradition will be arranged.

A 17-year-old of Batavia is charged with criminal possession of stolen property. The youth was observed on surveillance video leaving a room at Batavia High School with an allegedly stolen laptop and power cable and was arrested by State Police. The laptop was returned to the school. The youth was also arrested by Batavia PD and charged with petit larceny.

Luis Alberto Sauceda, 35, of South Wayne Street, Phelps, is charged with confinement of companion animal in a vehicle. Sauceda allegedly left a Chihuahua puppy in a vehicle on Labor Day while his family was inside Darien Lake Theme Park. Deputies were alerted by Darien Lake security staff. Deputies Chris Parker and Andrew Hale responded, provided the puppy with appropriate care and the dog was then transported to the Genesee County Animal Shelter.

Beau Thomas Bressler, 28, of Big Treet Road, Pavilion, is charged with felony DWI (two prior convictions in previous 10 years), felony driving with a BAC of .08 or greater, speeding, failure to keep right, unlicensed operation. Bressler was stopped on Route 20, Bethany, at 10:37 p.m. Saturday by Deputy Matthew Fleming. Bressler was jailed on $5,000 bail.

William H. Swader, 66, of Cedar Street, Akron, is charged with harassment, 2nd. Swader was allegedly involved in a road rage incident at 3:45 p.m. Friday on West Main Street, Batavia.

A 17-year-old resident of Walnut Street, Batavia, (name redacted by Batavia PD) is charged with trespass. The youth allegedly went onto a property posted with no trespressing signs and went onto the front and back porches and looked through the windows at the side of the residence.

Ashley A. Goodenow, 24, of Bank Street, Batavia, is charged with petit larceny. Goodenow allegedly stole $50 from her employer.

Lori A. Brightenfield, 55, of Maple Street, Batavia, is charged with criminal trespass, 2nd. Brightenfield allegedly entered the residence of her ex-boyfriend on Thorpe Street without permission and remained after being advised to leave. Brightenfield was released under supervision of Genesee Justice.

Eugene L. Sumeriski, 36, of Olyn Avenue, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and disobeying traffic control device. Sumeriski was stopped at 1:34 a.m. Saturday on West Main Street, Batavia, by Office Darryle Streeter after allegedly being observed driving at a high rate of speed.

Tiffany Ann Reed, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Reed allegedly violated a stay away order of protection She was jailed on $5,000 bail.

Tammy L. Plesczynski, 38, of East Main Street, Batavia, is charged with petit larceny. Plesczynski was arrested on a warrant by parole officers and turned over to Batavia PD. He was jailed without bail.

Joshua S. Martaus, 32, no permanent address, Batavia, is charged with petit larceny and resisting arrest. Martaus is accused of shoplifting from Tops and trying to steal $64.29 in merchandise. Martaus was located by Deputy Chris Parker and Officer Frank Klimjack at a local restaurant and allegedly resisted arrest. He was jailed on $1,000 bail.

Austin C. Durham, 20, of Oak Street, Batavia, is charged with petit larceny and conspiracy, 6th. Durham is accused of assisting another person in stealing 30 packs of beer from Tops.

Elijah J. Richardson, 18, of Maple Street, Batavia, is charged with owning an unlicensed dog. Richardson was allegedly found walking an unlicensed dog on MacArthur Drive.

Misty Dawn Brabon, 35, of Marshall Road, Lyndonville, is charged with petit larceny. Barbon allegedly stole $168.28 in merchandise from Walmart.

Amanda Rose McDonald, 33, of Pearl Street, Batavia, is charged with petit larceny. McDonald is accused of stealing $88.44 in merchandise from Walmart.

A 16-year-old resident of West Main Street Road, Batavia, is charged with harassment, 2nd. The youth allegedly threatened a woman.

Veronica Mabel Blackwood, 26, of Sterling Place, Brooklyn, is charged with petit larceny. Blackwood allegedly stole $25.09 in merchandise from Walmart.

Lauren S. Murphy, 19, of West Buffalo Street, Warsaw, is charged with unlawful possession of alcohol under age 21. Murphy was charged following an investigation into a motor-vehicle accident at 4:25 a.m. Sept. 13 on Vernon Avenue, Batavia.

A 17-year-old resident of Batavia (name redacted by Batavia PD) was arrested on a warrant for alleged failure to appear in City Court. He was jailed on $5,000 bail or $10,000 bond.

Nathaniel L. Beglinger, 24, of Peaviner Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater. Beglinger was allegedly involved in a one-car property damage accident at 2:20 a.m. Sept. 13 on Vernon Avenue, Batavia. The accident was investigated by Officer Felicia DeGroot.

Jennifer Lyn Stack, 29, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing the beverage Red Bull from a local store.

It's been just over a week since Rocky joined our family and during the week I've been asked several times how he's doing.

He's doing great. He's fit in well.

He and Pachuco are getting along fine. As for the cats, they've gotten used to him. If they challenge him, he backs down. If they run, he gives chase, and a sharp "no" usually ends the chase.

He's a ball of energy at times. He's loving and loves to be a companion. 

When we got him, his only apparent discipline training was "sit." I almost have him doing "down" pretty well now. He's walking on leash 100-percent better, at my side with no tugging.

In other words, he's displayed no apparent behavioral problems.  

One thing I forgot to mention in our post about adopting Rocky is a big thank you to the volunteers with Volunteers for Animals and the staff at the Animal Shelter. They obviously did a great job caring for Rocky and they were so, so helpful during our adoption process, full of information and useful advice.  

Previously:

• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

Sheriff's deputies and Batavia PD State troopers are in the area of Office Max on Veterans Memorial Drive and the Batavia Downs parking lot on Park Road looking for a possible criminal suspect, perhaps for shoplifting at a nearby store.

One subject is apparently in custody and the second suspect may have been spotted, but not yet apprehended.

The only description we have at present is that he was wearing a white shirt that was tucked in and he untucked it when he started running.

UPDATE 3:30 p.m.: The suspect reportedly attempted to leave a store with about $930 in merchandise.

UPDATE 3:22 p.m. (By Billie): The shoplifting suspect being pursued by law enforcement is believed to have crawled inside a drain pipe by Kohl's department store on Veterans Memorial Drive. They have called the Town of Batavia Fire Department to the scene the help apprehend the man. He is described as white, wearing a black short-sleeved, V-neck shirt, having on sunglasses, dress slacks and black sneakers. He is said to have both arms heavily inked with nearly complete tattoo "sleeves."

UPDATE 4:05 p.m.: The suspect is believed to have stolen goods from Kmart.

Photos by Howard Owens.

UPDATE 4:23 p.m.: The suspect is in a drain pipe tunnel. Here responders are trying to communicate with him from a manhole in the parking lot. They are yelling down to him. If he's still down there, he's not responding.

UPDATE 6:17 p.m.(By Howard): At the time I left the scene, 45 minutes ago, the subject still hadn't been located. We have no update since. Here are more photos. We'll provide updates as new information becomes available, but we won't have anybody at the scene for the rest of the incident.

UPDATE 6:30 p.m. (By Billie): Mercy medics are called to stand by at the scene per law enforcement.

UPDATE 8:13 p.m.: The suspected thief is in custody and at the time of his arrest suffered from mild hypothermia. The assignment is back in service.

UPDATE 8:35 p.m.: Here's a statement from Sheriff Gary Maha issued in response to a query from Howard at 8:24 p.m.: "Two deputies went down into the drain pipe and found the guy. They pulled him out and he was unresponsive at first. He would have died down there. Taken to UMMC. A press release is being prepared by the Sergeant."

UPDATE: Video shot by Dan Fischer, WBTA ((NOTE: we replaced the original version of the video we posted with a new version from WBTA))

The suspect is identified as Wayne L. Rinker, 30, of Shadowwood Lane, Webster. He's facing larceny and conspiracy charges. He was taken to UMMC by Mercy EMS. The deputies who crawled through the storm drains to locate him were Chad Cummings and Michael Lute. They located him barely conscious. The deputies secured a rope to him and he was brought to the other end of the pipe, about 100 feet away, where Deputy Rich Schildwaster and Sgt. Thomas Sanfratello were located. He was pushed and pulled to an opening where he was lifted out. Assisting the Sheriff's Office at the scene were NY State Police, Batavia PD, COR Plaza security personnel, Town of Batavia Water Department, and Greg Post of General Services (providing the sewer camera).

On at least two occasions in recent days, local residents have confronted unwanted guests in their homes in Batavia.

In one case, a suspect was arrested, but in the other, where items were actually stolen, the case remains under investigation.

In the case where an arrest was made, the break-in was reported on The Batavian as it happened and police soon took 53-year-old Stacey Williams into custody. Williams is charged with criminal trespass.

He is accused of attempting to enter the Washington Avenue home of Rich Richmond, a candidate for City Council.

The second case we heard about from the resident who had her wallet stolen.

The woman and her husband became aware of the intruder and her husband was able to tackle him, she said, but then he got loose. Her husband chased him in his car, but lost him on Jackson Street. He came across three Batavia PD patrol vehicles on Jackson, but the woman isn't aware what the police did from that point.

Chief Shawn Heubusch said that case is under investigation, but no arrest has been made.

The woman said the suspect matches the description in the Washington Avenue case, but Heubusch said investigators don't believe at this time that the cases are related. 

The woman said her home was broken into about 4:30 a.m., Wednesday.

"I live on the Southside of town and I would like for my friends and neighbors who live on that side to just be aware," the woman said. "This guy obviously had to be hyped on drugs as he walked right past my husband laying on the couch and walked right through the kitchen, which had lights on, to my dining room, where my purse was located, and our bedroom was off to the side from that -- a very bold individual and we don’t know if he is still out there or not."

Heubusch said he is unaware of any similar criminal complaints in the past few days.

A caller on Washington Avenue in the city just reported that a black male attempted to enter the house via a kitchen screen door. He fled, leaving the door open, and got on a dark-colored bike and was heading toward Dellinger Avenue. He is described as black male, mid-30s, wearing dark clothes and a baseball cap. Police are responding.