crime

Richard Cooke, 40, of Medina, was charged with a felony count of first-degree offering a false instrument for filing and unlicensed itinerant vehicle collector, a misdemeanor, deputies said. Cooke is accused of taking a 1992 Mercury Marquis to Eddie Arnold Scrap Processing Inc. in Pembroke, where he filled out paperwork stating that he was the owner of the vehicle. Cooke was not the owner, nor does he possess an itinerant vehicle collector license. The incident occurred on September 15, and a number of other charges are pending in Orleans County relating to the same vehicle. Cooke was released and will answer the charges on a later date.

Terry L. Roth, 33, of 110 W. Main St., Batavia, was charged with felony driving while intoxicated and felony aggravated driving early Sunday morning, Genesee County sheriff's deputies said. Roth was picked up by deputies following a one-car crash on Route 5 in Le Roy. He was sent to Genesee County Jail in lieu of $5,000 bail. Roth was also ticketed with moving from the lane unsafely.

City police have come out with more charges against the parents of the 6-year-old boy who brought a loaded handgun onto a school bus Wednesday morning. Carolyn Claudio, 43, of 335 Bank St., Batavia was charged with second-degree criminally using drug paraphernalia, seventh-degree criminal possession of a controlled substance and endangering the welfare of a child.

Police allege that during a search of Claudio's residence Wednesday, a small amount of cocaine and drug paraphernalia were found in the "living area" of the home where they would have been "easily accessible to the children." This is the same residence in which Claudio's 6-year-old son located the loaded handgun that he brought to school with him Wednesday morning. Carolyn Claudio will appear in court to answer the charges on Tuesday.

The boy's father, Juan Claudio Sr., 40, of 108 Jackson St., Batavia, received another charge of third-degree criminal possession of a weapon. Following the news reports of Juan Claudio's arrest, two Batavia residents came forward to claim that Claudio attempted to sell them a gun this past Saturday at a home in Batavia. When the two were shown the gun that the boy brought on the bus Wednesday, they confirmed that it was, in fact, the same gun that the father had offered for sale.

A report in the Daily News filed this morning by Scott DeSmit states that the boy found the ".22 caliber handgun" at his mother's home under her bed and "tucked inside a velvet Crown Royal whiskey pouch."

For more details, please see our previous coverage. You can also view the response from the city police and school superintendent in our video coverage.

Update at 3:47pm: We spoke with Batavia Det. Richard Schauf to find out more on the status of the two young children, the 6-year-old who brought the gun onto the school bus and his 7-year-old brother who had alerted the bus driver to that fact. Schauf told us that Carolyn Claudio could not be arraigned in court today as it was closed due to the weather. Both children "will remain in the custody of the mom," said Schauf. At least, for now.

The Department of Social Services is supervising the situation. They have been notified of the charges filed against Carolyn Claudio today. Whether they take the children away—"That's their call," said Schauf.

Jeremy Alwardt, 19, of 6 Maple St., Batavia, was charged with four felony counts of first-degree sexual abuse and two counts of endangering the welfare of a child, city police said. Alwardt is accused of having sexual contact with two individuals who were under the age of 11 years old. These crimes are believed to have occurred between July 2006 and August 2007. Alwardt is currently being held at the Genesee County Jail without bail.

Luke Windnagle, 22, of 8874 Hartshorne Road, Batavia, was charged with second-degree harassment Wednesday, Genesee County sheriff's deputies said. Windnagle is accused of punching his brother in the head during a fight.

The brother of the 6-year-old boy who brought a loaded handgun onto a school bus yesterday morning is today out on bail, WBTA's Dan Fischer reports. David Truesdale, 19, was released on bail and will later return to court to answer his charges of fourth-degree possession of a weapon and endangering the welfare of a child. Both counts are misdemeanors. Juan Claudio, 40, remains in jail. Claudio faces the same charges, although the possession charge had been upgraded to a felony due to a prior conviction.

Earlier this afternoon, Batavia Police Officer John Zola and City Schools Superintendent Margaret Puzio held a press conference at the police station downtown. Zola described the incident this morning on the city school bus, in which a 6-year-old boy brought a loaded handgun onto the bus. He also informed the news media present that the police had made two arrests related to the incident. Please read our earlier post for more details.

An older brother and the father of the 6-year-old boy who brought a loaded hand gun onto a city school bus this morning are in police custody and will likely be sent to jail, city police said at a news conference this afternoon. The boy, a Batavia elementary school student, has been suspended pending an investigation into the incident.

Juan Claudio, 40, of 108 Jackson St., Batavia, was charged with a felony count of fourth-degree possession of a weapon and endangering the welfare of a child, a misdemeanor. David Truesdale, 19, of 28 S. Main St., Batavia, was charged with fourth-degree possession of a weapon and endangering the welfare of a child, both misdemeanor counts. Truesdale does not have a prior conviction, therefore his charge of possession is a misdemeanor, explained John Zola, public information officer with the city police. Claudio does have a prior conviction and a criminal history, therefore he was charged with a felony count of possession.

Claudio and Truesdale are accused of being "responsible for the weapon being at the home" of the boy, said Zola, although neither of the men live with the child. The 6-year-old, who is not being named, lives with his mother and his 7-year-old brother in the city of Batavia.

Police are still investigating the owner of the handgun, which is legally registered, though not by either Claudio or Truesdale.

The 6-year-old child brought the gun onto the school bus this morning. When the bus pulled up to the high school to drop off some of the older students on board, the child's 7-year-old brother notified the bus driver.

"The bus driver confronted the 6-year-old and he stated that he did have a gun," said Det. Schauf, in a previously released statement. "The boy pulled the gun out of his pocket and gave it to the bus driver."

No one was threatened by the child with the gun, which was never brandished, said Margaret Puzio, city school superintendent.

"We are very grateful to the bus driver, who was a hero in this situation," said Puzio. "The only thing other students would have seen is the student handing over the gun to the bus driver. But they didn't see it. It was in a sack."

The school's reaction was swift.

"We began by calling every parent of a child who was on the bus when the incident happened," she added. "Phone calls were completed before 8:30 in the morning to tell (the parents) exactly what you learned today, minutes after the arrest."

The Batavian will post video footage from the news conference this evening.

Mugshots: Juan Claudio (top right), David Truesdale (lower left)

Batavia city police were called to the high school this morning shortly before school started for a report of a six-year-old boy who allegedly possessed a gun. The weapon had since been recovered by a bus driver.

Det. Richard Schauf explained in a released statement:

"The bus driver had been approached by another boy on the bus who said that the 6-year-old had a gun. The bus driver confronted the 6-year-old and he stated that he did have a gun. The boy pulled the gun out of his pocket and gave it to the bus driver."

No rounds had yet been loaded into the chamber of the gun, but there were rounds in the clip. The Department of Social Services was contacted. The name of the child has not been released.

This investigation is ongoing. We will have further information if and when it becomes available.

Updated at 12:46pm... City police will hold a news conference this afternoon at 2:00pm at the station on Main Street in Batavia. A person of interest is currently being sought, and an arrest may be forthcoming.

Updated at 1:34pm... The Daily News has since posted their article online—although it really shouldn't be called "breaking" news, since it was reported here first. Joanne Beck spoke with Margaret Puzio, city school superintendent, who told the reporter that the 6-year-old will not be allowed back into school until the "consequences" are "determined."

Tabatha A. Torcello, 42, of Alexander, now faces more than a dozen additional charges following her arrest a couple weeks back for alleged possession of a forged prescription, Genesee County sheriff's deputies said. Torcello has since been charged with four counts of second-degree possession of a forged instrument, five counts of seventh-degree criminal possession of a controlled substance, five counts of fifth-degree criminal possession of stolen property and two counts fifth-degree health care fraud.

Torcello's home was searched by deputies following her previous arrest. Inside, they found a partial prescription pad that was allegedly stolen from a dentist's office in Rochester. An investigation revealed that Torcello had allegedly used the pad to forge prescriptions and obtain drugs from the pharmacies at the Batavia Wal-Mart, Warsaw Wal-Mart and Attica Rite Aid stores between November 15 and December 3. Deputies were assisted in the investigation by the Wyoming County Probation Department and the Buffalo Field Office of the Drug Enforcement Agency.

Torcello was sent to Genesee County Jail without bail. A violation of the terms of her probation is also pending, as Torcello was under probation supervision for charges stemming from 2006 and 2007, when Torcello was accused of similar crimes.

Rita Cintron, 18, of New Jersey, was charged with trespass for an incident that occurred on December 7, deputies said. Cintron had previously been banned from the College Village dormitory apartments at Genesee Community College, yet she was allegedly located on the property by security personnel.

Who would steal a laptop and computer and then send it into the manufacture for servicing?

Whomever swiped Rich Clark's laptop last week, that's who.

Mr. Clark, 27, just dropped by The Batavian office to let his know his computer arrived safely at the service center today.

On Thursday, we highlighted a classified Clark had posted on The Batavian noting that a black box had been stolen from his work truck.

It turns out the box contained a laptop, valued at $1,000, that Clark and labeled and set up to send back for service.  Whoever took it -- whether he saw the post on The Batavian or not -- dropped the box in the mail and it arrived safely at the service center.

Clark, who operates his own satellite installation company and works for IGT, said he couldn't believe the computer had been returned. "It's just amazing. Amazing," he said.

Eric C. Garrett, 29, of 112 Tracy Ave., Batavia, was charged with a feloy count of second-degree burglary, a felony count of second-degree robbery, a felony count of second-degree assault and fourth-degree criminal mischief, a misdemeanor, Saturday, city police said. Garrett is accused of breaking into the home of a female acquaintance on Richmond Avenue. Once inside, Garrett allegedly pushed the woman to the ground and threw a coffee table on top of her. When she tried to call the police, he allegedly took her cell phone from her and broke it. Garrett was sent to Genesee County Jail in lieu of $3,500 bail.

Christopher L. Smith, 25, of Warsaw, was charged with driving while intoxicated and unlawful possession of marijuana Sunday, Genesee County sheriff's deputies said. Smith was stopped for an alleged traffic violation on Route 63 in Alabama. He was also ticketed with moving from the lane unsafely.

Daryl L. Morse, 43, of Churchville, was charged with second-degree aggravated unlicensed operation and unlawful possession of marijuana Saturday, deputies said. Morse was stopped for an alleged traffic violation on Route 33 in the town of Bergen. He was also ticketed with inadequate lights, expired inspection and unlicensed operator.

Joshua Barber, 18, of Le Roy, was charged with fifth-degree criminal possession of stolen property Saturday for an incident that occurred on December 3, deputies said. Barber was allegedly found in possession of a stolen stop sign from the corner of Harris and Asbury roads in the town of Le Roy. He had allegedly put the stop sign in the trunk of his car. The sign has since been returned to the town of Le Roy Highway Department.

Anthony Dimarzo, 18, of Byron was arrested yesterday in his home at 6404 Millpond Road, for allegedly possessing marijuana.

The arrest by Sheriff's deputies came after a probation office reported his suspicion that Dimarzo had marijuana in his house.

Dimarzo is scheduled to be arraigned on Jan. 5.

Genesee County sheriff's deputies have made an arrest following their investigation into the bomb scare yesterday afternoon at Genesee Community College. Kimberly M. Volk, 20, of 27 Dellinger Avenue, Apt: Upper, Batavia, was charged with a felony count of first-degree falsely reporting an incident. Volk is accused of sending a text message to a college student who was on the campus at the time. The message read: "I planted a bomb in the library last night, make sure your out of the building by one." The student who received the text message then notified security, which resulted in the evacuation of the campus and the subsequent search for an explosive, which was never located.

Volk was released under the supervision of the county court. She is scheduled to reappear in Batavia town court on December 16.

Genesee County sheriff's deputies are seeking a "person of interest" relating to yesterday's bomb scare at Genesee Community College. Deputies first received the call yesterday at 12:34pm that a student at the college had received a text message stating that a bomb had been placed inside the school's library that was set to go off at 1:00pm. Deputies and state police arrived on scene to evacuate everyone from the college while they investigated the threat, which was later determined not credible. We spoke with Chief Deputy Jerome Brewster this morning. He informed us that the sheriff's office knows the identity of the perpetrators, they have been interviewed, and arrests will soon be made.

UPDATE: The Daily has an updated story this morning on the bomb threat.  No arrest yet.

Martin A. Miller, 48, of Le Roy, was charged with a felony count of third-degree grand larceny and a felony count of first-degree scheme to defraud, Genesee County sheriff's deputies said. Earlier this week, Scott DeSmit of the Daily News reported on the several complaints received by the office that Miller's contracting firm had collected payment without rendering services. Miller was arrested on the specific accusation that he had taken $3,800 to repair a roof in Alexander and failed to do so. Miller is also accused of accepting money from other homeowners in Genesee County and some surrounding counties. He allegedly also failed to perform the work stated in those contracts. Miller was sent to Genesee County Jail in lieu of $10,000 cash bail.

Keith O. Patterson, 53, of 17 Clifton Ave., Batavia, was charged with felony driving while intoxicated Tuesday night, sheriff's deputies said. Patterson was seen driving on Route 5 in the town of Batavia and swerving several times over the lane lines. Patterson was also ticketed with failure to keep right and moving from the lane unsafely. He was sent to Genesee County Jail without bail.

Jon H. Bush Jr., 25, of Elba, was charged with third-degree assault and second-degree harassment last Thursday, deputies said. Bush is accused of pushing a woman over a log causing her ankle to break.

Here's one of the more interesting free classifieds placed on The Batavian yet:

I am will to trade charges from the Batavia Police for the return of the brown box that was stolen from my truck on Friday night.

Here's to hoping Richard Clark of Alexandar is able to make the swap.

Joanne Beck covered last night's meeting of the Batavia City Council in a pair of articles in today's Daily News. Both stories—a parking ban on Oak Street and a discussion on changing the city's system for payment of trash collection—were featured on WBTA this morning. The Batavian referenced both articles in our morning news roundup.

Genesee County sheriff's deputies are looking into a string of complaints about a contractor not providing services that were paid for in advance. Lakeside Home Beautification, operated by Martin A. Miller, is based in Stafford. One homeowner, Jennifer Taberski, told Scott DeSmit that she paid Miller $3,800 to fix their roof in June. Nothing has yet been done, and her money was never returned, she claims. "He basically kidnapped my money," she said. Another homeowner was recently refunded their $1,750 after Miller allegedly failed to repair a roof.

DeSmit reports:

Miller, 48, served two one-year jail terms from a criminal case in Wyoming County.

He pleaded guilty in 2002 to four counts of petit larceny for scheming people out of more than $12,000.

Sheriff's deputies are encouraging anyone with information about Miller, or anyone looking to make a complaint, to contact them at (585) 343-5000.

In other news, Virginia Kropf put together a folksy piece on five Albion families who got together Monday for a reunion of their golden retrivers, all of which—unbeknownst to the owners—came from the same Valentine's Day litter. Interesting.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Mitchell S. Schultz, 32, of Medina, was charged with driving while intoxicated Saturday, Genesee County sheriff's deputies said. Schultz was seen swerving over the lines on Lewiston Road in Oakfield shortly before he was stopped by deputies. He was also ticketed with moving from the lane unsafely, driving across hazard markings, consumption of alcohol in a motor vehicle and unlawful possession of marijuana.

Jon H. Bush, 25, and Rachael A. Baehr, 21, both of Elba, were charged with second-degree harassment Thursday, deputies said. Bush and Baehr are accused of getting in a fight with Kenneth Holley and Tanya Baehr.

Michael T. Ellis, 20, of 120 State St., Apt: Upper, Batavia, was charged with driving while intoxicated Sunday, city police said. Ellis was stopped for traffic violations on Tracy Avenue in Batavia. He was also ticketed with unsafe tires and failure to keep right.

A spending spree on five stolen credit cards that spanned Genesee, Niagara, Erie and Orleans counties and totalled more than $2,300 has led to the arrest of three men from Lockport, state police said. Investigation into the crimes began to unravel on November 25, when state police stopped Scott C. Strickland, 21, of Lockport, for a traffic violation on Beattie Road in Lockport. Strickland was then charged with seventh-degree criminal possession of a controlled substance and unlawful posession of marijuana. "Trooper John Spero recognized that Strickland resembled an individual shown in a gas station surveillance video from an ongoing credit card theft investigation," police report.

From the press release:

That investigation began after a Lockport man reported his wallet containing five credit cards was stolen... The fraudulent use of the credit cards and the use of the gift cards purchased resulted in the discovery of several different individuals being captured on various store surveillance videos. After completing the arrest process with Mr. Strickland he was picked up at ... Lockport by a relative who was accompanied by what turned out to be one of the persons shown on the store surveillance videos.

That individual was Jason M. Rutty, 24, of Lockport. Rutty was charged with first-degree identity theft and second-degree forgery. He was sent to Niagara County Jail in lieu of $5,000 bail. Later that night, Jason M. Dorsaneo, 25, of Lockport, was charged with first-degree identity theft and second-degree forgery. He was sent to Niagara County Jail in lieu of $1,000 bail.

Rutty is accused of using four of the victim's credit cards at seven businesses. Dorsaneo is accused of using the fifth card at one business.

Mug shots: Strickland (top), Rutty (middle), Dorsaneo (bottom)

Jennifer L. Ferguson,30,  of 679 E. Main St., Batavia, was charged with a felony count of first-degree sexual abuse Tuesday, city police said. Ferguson is accused of sexually abusing a 2-year-old boy whom she was babysitting. The initial complaint was made on November 23. Ferguson was released under the court's supervision pending a later appearance.

A Batavia man was one of two arrested yesterday following an investigation into the home invasion in Newstead Tuesday evening, state police said. The Batavian reported the news yesterday, prior to any arrests. A homeowner in the town of Newstead reported to police that a man wearing a hooded sweatshirt knocked on his front door Tuesday evening around 9 o'clock. Police report: "As the victim was about to let the suspect in, he observed the suspect reach into his pocket." When the homeowner tried to close the door to prevent the man from entering, several shots were fired. The man then fled the scene. All of the shots hit the door and the wall of the home. No one at the scene was injured.

Both Norman P. Michael, 23, of 303 Bank St., Batavia (right), and Albert J. Bauer, 39, of Akron (left), was charged with a felony count of second-degree attempted murder and a felony count of criminal possession of a weapon.

Both men were sent to the Erie County Jail without bail. They will reappear in court on December 10. State police have said that the investigation is ongoing and additional charges are pending.

Wesley Thigpen, 27, of 18 Maple St., Batavia, was charged with felony driving while intoxicated and third-degree aggravated unlicensed operation Sunday, Genesee County sheriff's deputies said. Thigpen was stopped on Route 33 in the town of Stafford. He was also ticketed with three traffic violations. Thigpen was sent to Genesee County Jail in lieu of $1,000 bail.

State police in Clarence are currently investigating a home invasion in the town of Newstead. From the press release:

On December 2, 2008 at approximately 9:05 p.m., the State Police in Clarence received a report of an attempted home invasion and shooting that occurred on Crittenden Road in the Town of Newstead.  The victim contacted the State Police and advised that a white male, approximately 28-33 years old, wearing a dark hooded sweatshirt knocked on the door of his residence and asked to use the phone.  As the victim was about to let the suspect in, he observed the suspect reach into his pocket.  The victim feared for his safety and shut the door to prevent the suspect from entering.  At that time at least six gun shots were fired striking the door and wall of the residence.  The subject then fled the scene.  No one at the scene was injured.   At this time, the State Police in Clarence in conjunction with the Erie County District Attorney’s Office are investigating the incident and have a person of interest in custody.  Anyone with information regarding this investigation is asked to contact SP Clarence at (716) 759-6831.