crime

A little more than a year ago, Batavia PD installed a surveillance camera on State Street near Hutchins Place, but Chief Shawn Heubusch said that a year's worth of use hasn't produced enough data to say if it's worthwhile for the city to invest in more such cameras for other locations.

There have been no criminal convictions resulting in use of the camera.

"A lot of times we look back and review footage and see if somebody is involved or not involved (in an incident)," Heubusch said. "It's always good to take a look back when you have video evidence of something."

Heubusch wouldn't reveal whether the camera's feed is regularly monitored, if whole periods of time are regularly reviewed, or if it's only reviewed in the case of specific incidents reported.

Making light of his reluctance to discuss that point, he said, "I don't know if I want to give any secrets away."

The camera was installed in August 2014 because that particular area had been a source of numerous calls for police service in the proceeding months.

Asked if he'd like more cameras, Heubusch said, "we're still evaluating this one."

"It's been up about a year," Heubusch said. "I don't know if that's the perfect time frame for an evaluation period. If it proves its worth, then yes."

The department also has available for patrols a number of body cameras, but not enough for every officer to wear them on every shift.

While body cameras have been touted in the national debate over police conduct, Heubusch said that's not why he wants his officers to wear them.

"The whole premise for my bringing body cameras to the City of Batavia was to collect evidence," Heubusch said. "It wasn't to monitor my officers. I don't think they need that. What it (the camera) does is collect evidence that can subsequently be used at trial or a proceeding so the officer's recollection is always there. You have it in black and white."

Rachael A. Glavin, 36, of Rochester Street, Bergen, is charged with third-degree grand larceny, a Class D felony. She was arrested at 7:15 p.m. on Sept. 14 and arraigned in Bergen Town Court, then released under supervision of the Probation Department. She is to be in court again on Oct. 14. She is accused of stealing $3,500 in cash from a business in Bergen where she was employed. She allegedly stole money on numerous occasions during her employment over a six-month period from January through June. The case was handled by Sheriff's Investigator Kristopher A. Kautz and Deputy Jason Saile.

Cody Daniel Edward Mayer, 23, of South Lake Street, Bergen, is charged with possession of a hypodermic instrument, unlawful possession of marijuana, and second-degree aggravated unlicensed operation. On Sept. 14, he was arrested following a traffic stop on Route 237, Byron. It is alleged that Mayer possessed a hypodermic needle unlawfully along with marijuana and that he was operating a motor vehicle on a public highway while his driver's license with suspended a total of 10 times on six separate dates. He was issued an appearance ticket returnable to the Byron Town Court Oct. 26. The case of investigated by Sheriff's Deputy Joseph Corona.

Ryan Bobzin

A local man was charged with unauthorized use of a vehicle after a car he allegedly took from a relative was identified as a vehicle involved in a drive-by shooting in Rochester.

The State Police did not release details on the Rochester case, which is being investigated by the police department there.

Arrested and jailed on $1,000 bail was Ryan M. Bobzin, 26, of Byron. 

No further details released.

Roberta Susan Dwello, 55, of State Route 104, Williamson, is charged with possession/transportation of more than 10,000 untaxed cigarettes and criminal tax fraud. Dwello was stopped on Route 77, Pembroke, at 12:20 p.m. Sunday by Deputy Joseph Corona. Dwello was allegedly found with 27,000 in untaxed cigarettes and is accused of selling untaxed cigarettes for financial gain.

Bobbisue Butler, 32, of Byron Holley Road, Byron, is charged with petit larceny. Butler is accused of shoplifting from Walmart.

Matthew Christopher Moy, 22, of Glidden Road, Holley, is charged with promoting prison contraband, 1st. Moy was allegedly found with a pocketknife while inside the jail.

Kivon Alijah Orr, 18, of Kelly Street, Bronx, is charged with trespass. Orr was allegedly in a dorm at College Village without permission.

Mark David Jackett, 45, of Sunrise Parkway, Oakfield, is charged with criminal contempt, 2nd. Jackett allegedly had unwanted contact with a protected party.

Ryan M. Bobzin, 26, of Byron, is charged with unauthorized use of a motor vehicle. Bobzin was arrested by State Police for an alleged incident reported at 1:20 p.m., Sept. 8. No further details released.

Scott Edwin McKenzie, 29, of South Pearl Street, Oakfield, is charged with forcible touching. He was arrested Sept. 6 on Sunset Parkway Road in Oakfield after he allegedly touched the intimate parts of an acquaintance without permission. He was subsequently issued an appearance ticket and will return to Oakfield Town Court on Sept. 14. The case was investigated by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Joseph Corona.

Austin M. Bartz, 19, of Trumbull Parkway, Batavia, is charged with third-degree attempted assault. On July 27 at 12:45 a.m. on Harvester Avenue, Bartz was arrested following a verbal altercation. Bartz, aided by another person, allegedly punched and/or kicked another person. He was issued an appearance ticker and is to appear in City Court on Sept. 15. The case was investigated by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Kyle L. Michaels, 17, of Edward Street, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. He was arrested at 9:19 p.m. on Sept. 7 following a domestic incident wherein he allegedly damaged a vehicle and struck a person. He was transported to BPD where he was processed and released on an appearance ticker. He is scheduled to appear in City Court on Sept. 22. The case was investigated by Batavia PD Officer Felicia DeGroot, assisted by Officer Christopher Camp.

Kevin J. Cummings, 38, of Wood Street, Batavia, is charged with DWI, and aggravated DWI, per se for having a BAC of .18 or more, with no priors. Cummings was arrested Sept. 5 following an investigation into a 9-1-1 open line hang up. He was released from custody and directed to appear in Batavia City Court on Sept. 23. The case was investigated by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Darryle Street.

Robert Ernest Saari, 33, of Meiser Road, Corfu, is charged with failure to appear. He was arrested on Aug. 9 after he was released from GC Jail on an unrelated matter. He had an arrest warrant for failing to appear at Batavia City Court to answer a charge of second-degree aggravated unlicensed operation. He is scheduled to be in City Court on Sept. 15. The case was investigated by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

William B. Coley, 45, of Platt Street, Albion, failed to answer a petit larceny charge at Batavia City Court back in February. The court issued a bench warrant for his arrest. On Sept. 8, Coley was located by the NY State Police and turned over of Batavia Police Officer Frank Klimjack. He was put in jail in lieu of $2,500 cash bail.

Reginald C. Sampson, 49, of 1/2 Hutchins St., Batavia, is charged with criminal contempt of court. He allegedly intentionally refused to obey a Grand Jury subpoena that was properly served directing him to appear in Batavia City Court at noon on Aug. 18. He was arrested on Sept. 9 and arraigned before Judge Balbick in City Court then released on his own recognizance. The case was investigated by Batavia PD Officer Frank Klimjack.

Juan Antonio Claudio, 47, of Mill Street, Akron, is charged with third-degree aggravated unlicensed operation stemming from an incident on East Main Street in Corfu on April 14. He was arrested on Sept. 10 on a warrant out of the Town of Pembroke and put in jail on $500 cash bail or $5,000 bond. He is scheduled to reappear in Pembroke Town Court at a later date. The case was invetigated by Genesee County Sheriff's Deputy Andrew Hale.

Remember Rocky, the dog whom authorities say was scalded by hot water? The owner and her boyfriend where charged with crimes, and the owner surrendered Rocky to the county for adoption.

Rocky walked this week in the Oakfield Labor Day Parade and I was surprised to learn nobody had shown any interest in adopting him. On the spot, he kind of muzzled his way into my heart, so after much thought and conversation with Billie and a couple of visits to the animal shelter, Billie and I decided we would adopt him ourselves.

He's a real sweetheart, very gentle, loves people and other dogs and doesn't care much about cats. We had him with Pachuco in Kiwanis Park today to ensure they would get along, and they hit it off and have been doing well together this afternoon.

We think we can give Rocky a good home.

Previously:

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

Press release:

Benjamin Lindke, 41, and his wife, Molly Lindke, 42, both of Lake Street Road in Le Roy were sentenced  in Genesee County Court today (Sept. 10) as a result of their guilty pleas on July 13 to a single count of offering a false instrument for filing in the first degree, a Class E felony.

Benjamin Lindke was sentenced to five years of probation and 100 hours of community service; and Molly Lindke was sentenced to five years of probation. They will also be disqualified from the SNAP (Food Stamp) program and they were ordered to pay $6,048 in restitution to the Genesee County Department of Social Services.

In November, Benjamin Lindke and Molly Lindke were both charged with five first-degree counts of offering a false instrument for filing and one count of third-degree grand larceny. The charges were filed after it was discovered that the couple had submitted various recertification forms to the Department of Social Services and failed to report Benjamin Lindke’s income from his employment and his receipt of Unemployment Insurance Benefits.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

  Hannah Dibble

The woman accused of driving drunk, leading to a fatal collision in Bethany in February, has successfully completed a round of alcohol dependence treatment, her attorney told Judge Robert C. Noonan in County Court this morning.

Attorney Benjamin Bonarigo asked Noonan to release Hannah Dibble under supervision of Genesee Justice for a couple of days while she awaits placement in another treatment program.

Assistant District Attorney William Zickl said the people were willing to go along with that request.

Noonan was less sanguine.

"I apparently have more misgivings than the people," Noonan said. "Given the short time she was on RUS when she had a very serious violation, at least given the circumstances of the case, I was inclined to keep her in jail for a couple of days until a bed-to-bed transfer to Horizon was available."

Dibble will be allowed to stay at her parents' house until admitted to Horizon, but Noonan warned her that it was a 24/7 house arrest.

"If you are even on your front lawn and you are seen, you will go back to jail," Noonan said.

He told the attorneys, "I hope this doesn't result in a violation because it would be an indication she is not a candidate for anything other than long-term incarceration (if convicted)."

Bonarigo said the other members of the Dibble household have agreed to have no alcohol in the home while Hannah Dibble is staying at the residence.

In July, a Genesee County Grand Jury handed down an 11-count indictment on Dibble, including counts of manslaughter in the second degree, vehicular assault in the first degree, three counts of assault in the second degree, three counts of vehicular assault in the second degree, and two counts of DWI.

Her friend, Alyson D. Krzanak, 18, of Corfu, died as a result of injuries sustained in the crash. Suffering serious physical injuries in the collision Feb. 21 were James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

The time in rehab has given Dibble great insights, Bonarigo said. He said she and her family wanted to see her continue in-patient treatment because she's made good progress.

"She's making significant strides in treatment and we hope to see her continue in that direction," Bonarigo said.

John W. Walsh, 32, of Oak Street, Batavia, is charged with criminal mischief, 3rd. Walsh is accused of using a hammer to smash his apartment door, door frame, a closet door, a window frame and window blinds, causing more than $1,000 in damage. Walsh was jailed without bail. Walsh was also arrested on an open container/consuming alcohol in a public place charge for allegedly drinking alcohol on the playground at Austin Park.

Regina M. Iannello, 55, of East Main Street, Batavia, is charged with harassment, 2nd. Iannello is accused of striking her estranged husband multiple times following a verbal argument in a parked car at a location on South Main Street, Batavia.

Penny S. Hofert, 49, of East Main Street, Batavia, is charged with petit larceny. Hofert is accused of shoplifting at Dollar General.

Stacy L. Massaro, 48, of Whittler Road, Rochester, is charged with petit larceny. Massaro allegedly stole at least four packages of cookies, 11 bags of chips and salt/pepper shakers from the Homestretch Grill at Batavia Downs.

Daniel Delplato Jr., 60, of Chandler Avenue, Batavia, is charged with harassment, 2nd, disorderly conduct and violating an order of protection.  Delplato is accused of being involved in a domestic dispute over several days.

Steven Charles Coons, 44, of Slyton Road, Port Byron, is charged with criminal mischief, 4th, and attempted petit larceny. Coons was arrested on a warrant during a traffic stop in Syracuse. Coons was jailed in Genesee County on $5,000 bail.

Elaine Maria Beachy, 44, of Comet Road, Warsaw, is charged with confinement of companion animal in a vehicle in extreme temperature. Beachy was issued an appearance ticket for Oct. 1 in Town of Batavia Court after she allegedly left a cat in a vehicle Sept. 6 in a parking lot on Veterans Memorial Drive. Outside temperatures were estimated to be about 89 degrees while the interior temperature of the vehicle was estimated to be about 116 degrees. The case was investigated by Sheriff's Deputy Joseph Graff, assisted by Deputy Ann Brade.

Dennis Lee Majors, 62, of Clinton Street Road, Stafford, is charged with second-degree harassment. Majors was arrested Sept. 5 following a report of a domestic altercation wherein he allegedly grabbed and pushed another person. He was arraigned in Town of Stafford Court, released on his own recognizance, and is set to return to Stafford Court on Oct. 8. The case was investigated by Sheriff's Deputy Joseph Graff.

Eric Cosimo Pellegrino, 32, of Firestone Street, Lackawanna, is charged with driving while intoxicated, following too closely, and having a controlled substance outside its original container. Pellegrino was arrested at 11:09 p.m. on Aug. 2 on the charges following an investigation into a motor-vehicle accident on Route 77 in the Town of Pembroke. The case was investigated by Sheriff's Deputy Kevin McCarthy.

Robert T. Hanlin, 40, of Alexander, is charged with operating motor vehicle while impaired by drugs, 1st, and moving from lane unsafely. He was issued uniform traffic tickets returnable to the Town of Bergen Court on Oct. 7. On Sept. 6, Troopers responding to a 9-1-1 call of an erratic operator on State Route 33 in the Town of Bergen, were waived down by a concerned citizen who alerted them that the vehicle had driven on the opposite side of the roadway on several occasions and the operator, later identified as Hanlin was in the Bergen convenience store. Hanlin failed to properly perform field sobriety tests and was transported to SP Batavia where Genesee County Sheriff’s DRE Deputy completed a drug evaluation which indicated Hanlin was impaired by drugs and unable to operate a vehicle safely.

A 16-year-old who lives on Walnut Street in the City of Batavia was arrested Aug. 27 and charged with petit larceny. The teen allegedly stole a backpack, an iPad, and a Sumsung tablet from another person. The teen was issued an appearance ticket and is to appear in Batavia City Court on Sept. 15. The case was investigated by Batavia Police Officer Christopher Lindsay.

Malik I. Ayala, 23, of Lydun Drive, Albion, is charged with petit larceny. On Sept. 5, Ayala was arrested for allegedly stealing a bicycle on Aug. 27 from another person. Ayala was issued an appearance ticket and is scheduled to appear in Batavia City Court on Sept. 15. The case was investigated by Batavia Police Officer Christopher Lindsay.

Todd M. Holly, 50, of Lincoln Avenue, Le Roy, is charged with first-degree criminal contempt. Holly was located on Gilbert Street in Le Roy and arrested for allegedly violating a full stay away order of protection. He was transported by Batavia PD headquarters by Officer Felicia DeGroot and arraigned in City Court and then jailed without bail.

Kathryn M. Yark, 18, of Roosevelt Avenue, Batavia, is charged with third-degree unauthorized use of a vehicle. On July 18, she was arrested for using a vehicle without permission. She was located at the GC Jail visiting her boyfriend. She was transported to Batavia police headquarters, then arraigned in City Court before being jailed with bail set at $1,000. She is to be in City Court at a later date. The case was investigated by Officer Marc Lawrence.

A 17 year old from Pavilion was arrested by the Le Roy Police Department on Sept. 6 and charged with: driving while intoxicated, a Class A misdemeanor; driving while intoxicated with a BAC of .08 percent or more, a Class A misdemeanor; inadequate exhaust; insufficient tail lamps; unsafe tires; and having more than one passenger under the age of 21 while holding a DJ license, all traffic violations. The teen was arrested following numerous traffic infractions by the Le Roy Police Department. After a brief investigation the subject was allegedly found to be intoxicated. The subject was issued appearance tickets for the charges and is to appear in the Le Roy Town Court on Sept. 28. At this time the name of the defendant is being withheld because of the possibility of a youthful offender status. 

Montel Lee Cunningham, 22, of Ellicott Street, Batavia, is charged with failure to obey a child support order. He was arrested on a warrant out of Niagara County Sept. 6 following an investigation into an underage drinking party. He was turned over to the Niagara County Sheriff's Office. The case was investigated by Sheriff's Deputy Chad Cummings, assisted by Deputy Andrew Hale.

Andrew Charles Webster, 22, no address provided, is charged with petit larceny. On Aug. 30, Webster was arrested for allegedly shoplifting at Walmart and he was put in GC Jail in lieu of $500 bail. He is to reappear in Town of Batavia Court on Sept. 28. The case was investigated by Sheriff's Deputy Christopher Parker.

Jacob Nicholas Oddo, 18, of Batavia Elba Townline Road, is charged with trespass. On Sept. 5, he was arrested for allegedly being on the premises of Godfrey's Pond after being told that he needed to leave and not return. He was issued an appearance ticket to appear in Town of Stafford Court on Sept. 24. The case was investigated by Sheriff's Deputy Chad Cummings, assisted by Deputy James Diehl.

Jordan Lee Miller, 16, of Batavia Elba Townline Road, is charged with trespass. On Sept. 5, he was arrested for allegedly being on the premises of Godfrey's Pond after being told that he needed to leave and not return. He was issued an appearance ticket to appear in Town of Stafford Court on Sept. 24. The case was investigated by Sheriff's Deputy Chad Cummings, assisted by Deputy James Diehl.

Jessica M. Pfenninger, 33, of Creek Road, Batavia, is charged with failure to appear on a charge of third degree aggravated unlicensed operation of a motor vehicle. On Sept. 2, she was arrested on a warrant for failure to appear by State Police in Chili and was taken into custody by Batavia Police Officer Jason Davis in Bergen. After being arraigned, she was released on her own recognizance and is to appear in City Court on Sept. 30.

Ryan J. Adkins, 21, of Main Road, East Pembroke, is charged with failure to appear. He was arrested on a warrant from Batavia City Court for failure to appear following a traffic stop on July 23. He was jailed and released after posting $500 bail. He is scheduled to appear in City Court on Sept. 16. The case was investigated by Batavia Police Officer Stephen Cronmiller.

The following people were arrested by the Genesee County Sheriff’s Department during the Luke Bryan Concert at Darien Lake Performing Arts Center on Sept. 4.

Casey W. Ault, 25, of South Main Street, Holley, is charged with trespass, resisting arrest and criminal mischief after allegedly refusing to leave the venue area after being told to leave several times. Ault resisted arrest and damaged a fence. Casey was arraigned in Darien Court and put in jail in lieu of $500 bail.

Daniel S. Furner, 43, of Mill Hill Road, North Brookfield, is charged with second-degree criminal impersonation after allegedly identifying himself as a police officer when in fact he is not.

Bryan P. Haude, 24, of Jade Drive, Hilton, is charged with third-degree criminal trespass after allegedly reentering the concert venue after being ejected and told not to return.

Tyler C. Deets, 21, of Route 21, Williamson, is charged with third-degree criminal trespass after allegedly reentering the concert venue after being ejected and told not to return.

Julie A. Margolycz, 40, of McGuire Road, Rochester, is charged with disorderly conduct after allegedly causing a disturbance in the concert venue exit area.

Grace M. Simmons, 17, of Hemlock Road, Eden, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Aaron P. Santoro, 20, of Albano Drive, Hilton, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

   Rebecca Santiago

Rebecca L. Santiago, 29, of Main Road, Stafford, is charged with possession of stolen property, 4th, and four counts of identity theft, 3rd. Santiago allegedly stole a credit card from a person under her care while working as a health care provider in Livingston County. She allegedly possessed and used the card while in the Village of Le Roy and other jurisdictions multiple times. Santiago turned herself in to Le Roy PD and was issued an appearance ticket. Santiago was also arrested by the Sheriff's Office and charged with criminal possession of stolen property, 4th, and identify theft, 3rd. She allegedly used the stolen credit card to make purchases at Walmart.

Eric H. Pannell, 44, of Buffalo, is charged with DWI. Pannell was arrested at the Crosby's Gas Station in Corfu. Troopers reportedly observed a vehicle at the station and initiated an interview with one of the passengers. During the interview, another passenger was reportedly seen tossing a beer can out of the car. A trooper allegedly detected the strong odor of alcohol coming from Parnnell, identified as the driver. He was subjected to a field sobriety test and allegedly failed. At SP Batavia's barracks, his BAC was allegedly recorded at .17, more than twice the legal limit. He was jailed on $500 bail. Citations were issued for allegedly consuming alcohol in a motor vehicle and for littering.

Nicholas Morath, 26, of Bullis Road, Elma, is charged with DWI, driving with a BAC of .08, unregistered motor vehicle and speeding (55 in a 35 mph zone). Morath was stopped at 11:15 p.m. Thursday on Route 77, Darien, by Sgt. Ron Meides.

Eric J. Merritt, 26, of Rose Road, Batavia, is charged with criminal trespass. Merritt allegedly forced entry into a dwelling on Bank Street Road at 2 a.m., Wednesday.

Deborah Elizabeth LaMartina, 34, of Ravine Street, Rochester, was arrested on a warrant for first degree aggravated unlicensed operation, DWI and criminal possession of stolen property, 4th. She was arraigned in County Court and ordered held without bail.

Jose Antonion Martinez, 45, of Broadway Road, Alden, is charged with second-degree harassment. Martinez was being held in the Erie County Jail on an unrelated matter and was arrested on a warrant upon his release. He was arraigned and released on his own recognizance.

The following people were arrested by the Genesee County Sheriff’s Office during the Luke Bryan concert at Darien Lake Performing Arts Center on Thursday. 

Daniel J. Zybezynski, 22, of Toelsin Road, Cheektowaga, is charged with two counts of second-degree harassment after allegedly punching two CSC security officers while they were escorting another patron out of the venue.

Richard A. Anzalone Jr., 26, of Beaver Lane, Grand Island, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kapry A. Packard, 25, of Mt. Vernon Avenue, West Seneca, is charged with for unlawful dealing with a child after allegedly providing alcohol to a subject under 21.

Rita H. Buettner, 59, of Cedar Street, Akron, is charged with for second-degree harassment after allegedly punched a CSC security officer while being ejected from the concert.

Luke Bryan performs again tonight at Darien Lake. The show is sold out.

Unnamed, unknown for months, and whose death is shrouded in mystery, an infant who may never have drawn a breath in this mortal world, was memorialized Wednesday night in a candlelight vigil in Austin Park.

There were words of compassion for Christina M. Colantonio, the 28-year-old Liberty Street woman charged with murder in the second degree even as the District Attorney's Office hedges on its claim of sufficient evidence to proceed with a criminal complaint, and greater compassion expressed for the female infant who may have been stillborn, or may have been killed by her own mother, but either way, whose birth was reportedly kept secret, her body hidden in her mother's apartment for about three months.

"Tonight, we're not just out here to remember a life that really didn't have that chance (to make a decision for Christ)," said Pastor Jason Norton. "We're not going to see her pretty face run and skip in this world, and we're not going to hear her pretty voice, and we're not going to experience her here.

"But people, I tell you, she has been received into the heavenlies. I tell you, if you want to know her, then just accept Jesus and believe in him and one day you also will be there and you'll be able to embrace her."

After Norton spoke -- the last of several speakers -- the 40 or 50 people gathered carried their lit candles over to Norton's church in City Center for a reception.

Norton said their candles represented a light in this world to battle the darkness.

"I believe with all of my heart that what we're doing tonight is just not to remember her precious life, and that's why we're here primarily, but we're also here to make a bold statement to our city. We're here to make a bold statement to this region, to this community, that darkness and evil shall not prevail and have its way in this area. Amen. (Amen.) We are making a bold declaration tonight."

Earlier, Pastor Tim Young called on those assembled to pray for Colantonio and her family.

"We're here today to encourage each other," Young said. "We're here to help the family, to give them comfort in this time of need, to help them in whatever we can, to love them, as Christ loves us.

"I encouage each and every one of you in whatever way you can to reach out to this family, to Christina, also, because this lady, woman, needs lots of prayer," Young added. "She needs lots of prayer. The family needs lots of prayer. We need to help and support them in any way we can."

Tammy Arneth, of All Babies Cherished, expressed concern that an expectant mother in the community might not know of the free resources her agency provides.

The agency can help new mothers with emotional support as well as material needs, all for free, but new parents are expected to take some classes through the program.

"It breaks my heart that maybe Christina didn't know to come to see us," Arneth said, adding later, "We had more than 900 visits last year alone and obviously that wasn't enough, because if somebody in this community doesn't know to come to us for services, then we're not doing the job."

The donated stuffed toys will be given to Batavia PD so officers can hand them out to children who might need the tender care they represent in times of crisis.

Attendees had a chance to sign cards for the baby's family.

Pastor Tim Young

Pastor Jason Norton

Tammy Arneth speaking.

Stephanie Armstrong with a closing song.

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

Should the District Attorney fully explain why Colantonio was charged with murder before key evidence was in?

Terrance Lee Falk, 17, of Woodsmeadow Lane, Brighton, is charged with third-degree assault and second-degree obstructing governmental administration. Falk allegedly engaged in a physical struggle with a corrections officer at the Genesee County Jail leading to an injury to the officer.

William John Velky, 34, of Bank Street, Batavia, is charged with driving while ability impaired by drugs, following too closely, passing on right and moving from lane unsafely. Velky was stopped at 5:08 p.m. Monday on Chapel Street, Elba, by Deputy James Diehl following a complaint of an erratic driver.

Cassandra Y. Dauber, 32, of Lock Haven, PA, Cindy L. Dauber, 58, and David T. Suzenski, 57, both from Phoenixville, Pa., are charged with trespass for allegedly entering Rolling Hills Asylum on Bethany Center Road without permission.

Andrew Charles Webster, 22, no permanent address, is charged with petit larceny. Webster is accused of shoplifting from Walmart. He was jailed on $500 bail.

State Police authorities are asking the public to be on the lookout for a person or persons stealing from unlocked cars in Genesee County.

An investigator said there have been recent thefts in Darien, Alexander and Pembroke that may be related.

Members of the public are asked to take two actions: Lock up their valuables and report suspicious activity to police.

The perpetrators may be driving around looking for opportune targets.

For reports of suspicious activity, dispatchers can be reached at (585) 343-5000.

The Batavia woman accused of murdering her own newborn baby and storing it in an ice chest for three months has been released from jail after the Monroe County Medical Examiner's Office was unable to determine whether a live birth occurred.

A charge of murder in the second degree is still pending against Christina M. Colantonio, 28, of Liberty Street, Batavia, but in a statement the office of District Attorney Lawrence Friedman said without being able to prove live birth, the prosecution is unable to make a presentation to a grand jury within the prescribed amount of time and so Colantonio is being released from custody.

"Circumstances present when the body was discovered are very indicative of the intentional homicide," Friedman's statement says. "However, in order to establish a homicide, we have to prove that a live birth occurred. Yesterday, we learned from the Monroe County Medial Examiner that, based upon their examination of the body, they were unable to conclude that a live birth occurred. This apparently is due in large part to the lengthy passage of time between delivery and discovery of the body."

In the charging document on file with Batavia City Court, some portion of the underlying evidence to sustain the charge of second-degree murder was based on statements made by Colantonio. None of those possible statements have been made public either through court documents or statements by authorities.

The DA's statement today says that Colantonio was arrested and charged after a "thorough investigation by the Batavia Police Department and included interviews with multiple witnesses."

Friedman's statement said neither he nor anyone in his office would answer media questions about the case given the fact that the murder charge is still pending and the investigation is continuing.

Colantonio was arrested Saturday and held without bail until her release today.

No date was provided for any possible future court appearance.

     Christina Pahura

Court documents in the case of a Le Roy mother accused of assaulting her 2-year-old daughter paint a months-long trail of multiple injuries to the tot, a boyfriend who admits to being a heroin addict, and a young woman who allegedly didn't know how to properly discipline a child.

The documents include a deposition from a man identified only as the boyfriend of Christina Pahura (the court redacted his name), who was arrested on charges of assault in the second degree and endangering the welfare of a child, and a deposition from a licensed day care provider in Le Roy.

Both documents recount more than two months of these adults observing injuries on the little girl, including broken limbs, bruises on the her butt and vaginal area and welts on her head.

The depositions are tough reading and Det. John Condidorio said it was a hard case to investigate.

"The pictures are really difficult to look at," Condidorio said. "It was a difficult process."

The case took months to get through because investigators wanted to make sure to build a case they were confident in, Condidorio said. As soon as the investigation started in February, the child was removed from the mother's care, Condidorio said.

According to the depositions, Pahura either had explanations for the injuries and, later, couldn't explain the injuries. At one point just before police were called in, Pahura allegedly told her boyfriend that she blacked out while spanking the child and snapped back to reality to find she was punching the child.

The Batavian's news partner, 13WHAM, contacted Pahura outside her apartment in Le Roy yesterday, and Pahura declined an interview request.

"You're not getting any other side," Pahura told a 13WHAM reporter. "Do whatever you want. Goodbye. Tell your camera man to turn around, too."

According to the depositions, documentation of the injuries to the child began in the Fall of 2014. First, there was bruising, then the child showed up to daycare with a cast on her arm, a cast that was removed a month later. Then the child started to limp, and during this time, bruises started appearing on her butt and vaginal area.

Finally, in early February, Pahura took the child to the hospital in Brockport, which is about the time Le Roy PD began its criminal investigation.

The boyfriend states in his deposition that he didn't call police because "it is not in my nature" and that he didn't call CPS anonymously because he didn't know that was an option. He also feared being blamed for the alleged abuse because he already has a criminal record.

The deposition was taken July 15 with his attorney present.

More than once, according to the deposition, the man offered to handle disciplining the children.

"Christina had a history of what I believed to be excessive punishment," the man said.

He describes incidents of Pahura hitting and slapping the victim along with two other children.

He said the alleged broken arm occurred sometime before Nov. 11. He said he and Pahura were in the basement. He was lifting weights and she was doing laundry. They heard a loud thump upstairs and then crying. When they went upstairs, the girl was on the floor and another child was on the couch. 

"The following morning," he states, "(the child) was favoring her arm and Christina had her father take (the child) to the doctor and the arm was splinted."

The cast was removed around Christmas, but the boyfriend doesn't say who removed it.

The first leg injury, the boyfriend believes, occurred New Year's Day. After spending New Year's Eve without any of the children, the couple picked them up that evening and were walking down a hill back to the house when the child stopped on the sidewalk and was hesitant to go down the hill on a dark, snowy night. He said Pahura's hands were full of gifts and he believes she pushed the child with her knee, told her to hurry up, then pushed her with her foot and the child fell forward, striking her head on the sidewalk. 

"This caused a large, good egg about the middle of (the child's) forehead and I believe (she) broke her leg at this time also," the boyfriend reportedly told police. "I say this as directly after (the child) got inside, she started having difficulty walking and this continued for six to seven weeks. When (the child) put too much pressure on her foot she would almost cry."

Pahura allegedly wouldn't take the child to the doctor, saying she was fine, the boyfriend said. 

The boyfriend recalls getting involved with drugs again in October and was spending about half his paycheck on drugs during this time. He recalls more incidents that may have led to bruising and cuts on the child early in the new year.

The daycare provider started documenting injuries to the child on Oct. 1, (The child started care a month earlier.) but it's unclear why the provider did not contact authorities sooner.

Initially, the provider said, Pahura said the child was injured from falls or bumping against objects in the home and when the child appeared to have a leg injury, Pahura reportedly said the child had just slept on it wrong.

Amie P. Bloyer, 35, of Washington Avenue, Batavia, is charged with criminal mischief, forcible touching and second-degree burglary of a dwelling. Bloyer was arrested Aug. 26 following an investigation into a domestic incident. It is alleged that Bloyer damaged a window to unlock a door on Ellicott Street, entered the residence, grabbed the victim by his genitals, slapped the victim, and broke his eyeglasses. It is also alleged that Bloyer punched another female who was in the residence at the time. The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Stephen Cronmiller.

Edwin Francis Voelker, 47, of Lewiston Road, Oakfield, is charged with: driving while ability impaired by drugs, with two prior convictions within the last 10 years; first-degree aggravated unlicensed operation; speed violation (62 in a 30-mph zone); unlawful possession of marijuana; and operation of a motor vehicle by an unlicensed driver. Voelker was arrested Aug. 30. on Main Road in Pembroke. It is alleged that he was driving a vehicle after consuming a drug that impaired his ability to safely operate a vehicle on a public highway. He was put in jail on $25,000 bail. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Gregory Walker.

Kimberly A. Brodsky, 24, of Bank Street, Batavia, is charged with: second-degree aggravated unlicensed operation (having three or more suspensions on three different dates); criminal use of drug paraphernalia, 2nd; criminal possession of a controlled substance, 7th; unlicensed driver (expired Aug. 22, 2015); and operating a motor vehicle with an obstructed view. Brodsky was stopped at 11:34 a.m. on Aug. 28 on Ross Street by Batavia Police Officer Frank Klimjack for a traffic violation. A subsequent investigation revealed that Brodsky has no NYS driver's license and her operating privilege has been suspended five times on five different dates. She was also found to be in possession of a controlled substance and drug paraphernalia. She was arraigned and put in jail on $5,000 bail. The  case was investigated by Batavia Police Officer Marc Lawrence, assisted by Officer Klimjack.

Joseph Paul Lanphear, 31, of Rutgers Street, Rochester, was arrested Aug. 28 for: two counts of criminal possession of a weapon in the fourth degree; aggravated unlicensed operation, 2nd; and speeding (52 in a 30-mph zone). It is alleged that Lanphear was found to be in possession of metal knuckles, a billy club, and that his driver's license was suspended and that he was traveling 52 mph in a 30-mph zone on Buffalo Road in Bergen. He was issued an appearance ticket for the Town of Bergen Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Bradley Mazur.

Danny D. Williams Sr., 26, of Pearl Street, Batavia, is charged with endangering the welfare of a child, and second-degree harassment. At midnight, Aug. 31, Williams was arrested following an incident on Vine Street where he allegedly pushed a child up against a wall. He was issued an appearance ticket for City Court Sept. 1. The case was investigated by Batavia Police officers Christopher Lindsay and Jason Ivison.

Shannon Marie Micucci, 46, of Bonnie Brae Drive, Darien, is charged with second-degree harassment. Micucci was arrested Aug. 29 at 12:30 a.m. following a domestic incident wherein she allegedly shoved a male during a verbal altercation. She was given an appearance ticket for Darien Town Court on Sept. 1. The case was investigated by Genesee County Sheriff's Deputy Andrew Hale.

Brazil Gerald Brooks Peterson, 19, of Augustine Street, Rochester, is charged with: operating a motor vehicle while ability impaired by drugs, first offense; criminal possession of a controlled substance, 7th; unlawful possession of marijuana; and a speed violation -- exceeding 55 mph. He was arrested at 1:26 a.m. on Aug. 29 on Clinton Street Road, Bergen. He was issued an appearance ticket and is due in Bergen Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona.

Glenn Hammond, 57, Woodstock Gardens, Batavia, is charged with: driving while intoxicated with a BAC of .08 or more, first offense; driving while intoxicated, first offense; and running a red light. He was arrested at 1:20 a.m., Aug. 30, after a traffic stop on Trumbull Parkway. He was released on an appearance ticket and is scheduled to appear in City Court on Sept. 9. The case was handled by Batavia Police officers Christopher Lindsay and Eric Foels.

Roxanne Marie Crawford, 51, of Clinton Street Road, Bergen, was arrested Aug. 30 for third-degree burglary and petit larceny. She allegedly stole $25 worth of merchandise from Walmart. She was allegedly arrested at another Walmart store during a previous incident then banned from all Walmart properties. She was jailed without bail and is due back in Batavia Town Court Sept. 28. The case was investigated by Genesee County Sheriff's Deputy Jason Saile, assisted by Deputy Christopher Parker.

Erica Michelle Raphael, 30, of East Main Street Road, Batavia, is charged with petit larceny. On July 15, she allegedly stole $159.71 worth of merchandise from Kohl's. She was put in jail on $5,000 bail after being arrested at the Batavia Town Court Aug. 24 where she appeared on unrelated burglary and petit larceny charges. The case was investigated by Genesee County Sheriff's Deputy Christopher Parker.

Zachary I. Miller, 19, of Ganson Avenue, Batavia, is charged with fourth-degree criminal mischief. On Aug. 25 on Swan Street in the City of Batavia, Miller allegedly punched and broke two glass window panes. He was issued on appearance ticket for City Court on Sept. 1. The case was handled by Patavia Police Officer Frank Klimjack.

Klarissa C. Price, 37, of Cleveland Avenue, Niagara Falls, was arrested Aug. 28 on a bench warrant issued by Batavia City Court for failure to appear. Price was put in jail in lieu of $1,000 bail. The case was investigated by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis.

Christopher M. Smith, 21, of School Street, Batavia, was arrested Aug. 25 on an unspecified bench warrant and subsequently released on his own recognizance and given a court appearance date. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.