crime

A scheduled court appearance for Christina M. Colantonio, the 28-year-old Liberty Street resident accused of murdering her newborn baby sometime in May or June and keeping the body in her apartment, has been adjourned until 11 a.m., Thursday.

Colantonio, who is being held in jail without bail, was originally scheduled to appear this afternoon to answer to the murder in the second degree charge for the first time with a defense attorney present.

She was initially arraigned on the charge Saturday afternoon.

There is little available in the court file on Colantonio, just a document known as an accusatory instrument. It indicates the murder, 2nd, charge is substantiated by verbal statements made by Colantonio. If those statements were written down by investigators, that document has not yet become available.

A spokesman for Batavia PD said he couldn't answer whether such a document exists and said he's been told to direct all questions to the District Attorney's Office. Attempts to reach District Attorney Lawrence Friedman were unsuccessful.

Colantonio reportedly gave birth to a child in May or June. Authorities have not disclosed how soon after giving birth they believe Colantonio killed the female infant.  

The body of the infant was seen being removed from Colantonio's residence at 208 Liberty St., Batavia, in a 48-quart ice chest. The body was taken to the Monroe County Medical Examiner's Office and information from any ME's report is not yet available.

Authorities have not disclosed how they believe the baby died.

A Stafford resident who was charged with the care of a 2-year-old child in the Village of Le Roy has been accused of intentionally breaking that child's bones and then not seeking proper medical treatment for the child.

Le Roy PD began investigating the allegations in February after it was discovered the child had suffered multiple fractures to a leg and arm and had significant, "highly suspicious" bruises on its body.

Arrested was Christina Pahura, 28, of Main Road, Stafford. She's been charged with second-degree assault, a Class D felony, and endangering the welfare of a child.

The assault charge carries an enhancement because Pahura is over 18 years old and allegedly intentionally harmed a child under age 7.

Investigators allege that while a resident on School Street, Le Roy, Pahura intentionally caused physical injury to the child and then allowed the child to remain in a residential situation during a time when several additional bruises developed and a limp developed. Pahura was advised -- by whom is unstated -- to seek medical treatment for the child, but did not, which resulted in further bruising and an untreated leg fracture.

Pahura was released under supervision of Genesee Justice. 

The following people were arrested by the Genesee County Sheriff’s Office during the Rascal Flatts concert at Darien Lake Performing Arts Center on Saturday.  

Morgan Jensen, 20, of Gleason Circle, East Rochester, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return.

Emily M. Campbell, 20, of Birch Run, Orchard Park, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return.

Calin C. Hotelling-Defrance, 22, of Durant Place, Fairport, is charged with harassment, 2nd, after allegedly punching CSC security officer.

Jacob M. Robinson, 18, of Dolores Drive, Greece, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

The other night the neighborhood around Ganson and Maple in Batavia was hit by a series of thefts. This sign appeared on a tree on Ganson.

A 28-year-old Batavia resident has been arrested and charged with murder in the 2nd degree in the death of her newborn infant.

The female infant had apparently been dead for three months when police responded to a call at 11:20 p.m. of a suspicious condition at 208 Liberty St.

A third party reportedly discovered the dead infant's body and called police, and when police arrived they confirmed the discovery of the body.

Being held in jail without bail is Christina M. Colantonio. She is scheduled to appear in court again at 1:30 p.m., Monday.  

Police are not releasing the cause of death because of the ongoing nature the investigation. Investigators believe the infant was killed a short time after birth, which police believe took place at Colantonio's residence, but are not saying if death was immediate, within hours or days.

District Attorney Lawrence Friedman said murder in the second degree means the accused is suspected of intentionally causing the death of another person, but he would not disclose what evidence exists to convince his office that Colantonio should be prosecuted on a murder 2nd charge.

"We have enough to come to the conclusion that the death was intentionally caused, but because of the fact that we do not have a final autopsy report and because the investigation is ongoing, we won't be indicating anything further at this time," Friedman said.

After the press conference, we spoke with a neighbor, who didn't want to disclose his name, and he said he was outside two nights ago when police and the coroner were at Colantonio's residence. He saw authorities bring a 48-quart ice chest out to the street, remove a small body and place it in a body bag.

Authorities have not disclosed where the infant's body's was in the house at the time of its discovery.

Another neighbor, David Zanghi, said Contantonio worked at Sport of Kings restaurant and described her as a quiet woman who kept to herself and never was involved in any kind of disturbance.  

"She seemed like a pretty nice girl," he said.

Contontonio lived in the apartment by herself, police said. She has two other children.

Authorities are not disclosing anything about the father of the baby.

Det. Todd Crosett and District Attorney Lawrence Friedman.

The Batavia Police Department has scheduled a press conference for 5:30 p.m. to announce an arrest in the investigation into an infant death.

No further details have been released.

The Batavian will provide updates as soon as information is available.

UPDATE: The time of the press conference has been changed to 6:30 p.m. 

There was at least one car break-in in the Maple Street area of Batavia overnight, and among the items stolen was this backpack owned by Gunner Rapone.

Rapone was a standout in football and track and field with Batavia High School and starts college at SUNY Brockport this fall, where he'll compete in track and field.

This backpack has high sentimental value to Rapone. He received it for qualifying for the National High School Track Championship. The bag says "#ThatGuy" just above the zipper.

Rapone can be reached at guy.rapone@gmail.com.

Amanda Rose Hagedorn, 25, of West Hazeltine Avenue, Kenmore, is charged with criminal contempt, obstructing governmental administration and attempted assault, 3rd. Hagedorn allegedly bit a deputy during her arraignment on a previous arrest and then again while being removed from the courtroom and placed in a patrol car.

Roseann Cooper, 46, of Pearl Street, Batavia, is charged with petit larceny, harassment, 2nd, aggravated unlicensed operation, 2n,d and failure to stop at stop sign. Cooper is accused of shoplifting from Dollar General. She allegedly shoved a store employee when confronted about the suspected shoplifting. Cooper left the location and a customer called 9-1-1. Cooper was located allegedly driving on Walnut Street.

Melinda T. Andrews, 42, of Walnut Street, Batavia, is charged with harassment, 2nd. Andrews was allegedly involved in a domestic incident on Holland Avenue at 1:05 a.m., Sunday.

Scott Edward Yocina, 58, of Phelps Road, Corfu, is charged with criminal possession of marijuana, 4th, and unlawful growing of marijuana. Yocina was charged related to the alleged discovery of a marijuana growing operation at 4:15 p.m., May 4.

Joseph Carl Jeffords, 24, of Ross Street, Batavia, is accused of a violation of probation. Jeffords was turned over to Batavia PD by authorities in Wayne County, where he was in custody on charges in their jurisdiction. He was jailed locally on $5,000 bail.

Lonnie J. Ford III, 44, of Ellicott Street, Batavia, is charged with open container. Ford is accused of possessing an open container of alcohol while in the pavilion at Austin Park.

Jeffery James Cervone, 47, no known address, Batavia, is charged with criminal mischief, 4th. Cervone allegedly damaged and threw items around in a room at UMMC.

Stephen J. Konieczny, 37, of Ross Street, Batavia, is charged with criminal mischief. Konieczny allegedly threw a bottle of water at a vehicle causing damage.

Thomas Swineford, 61, of West Main Street, Batavia, is charged with disorderly conduct. Swinford is accused of urinating on a tree in Austin Park. He was reported by a passerby.

Alex J. Ianita, 21, of Bank Street, Batavia, is charged with endangering the welfare of a child, unlawful imprisonment, third-degree assault, petit larceny and second-degree robbery. Ianita was allegedly involved in a domestic incident at 11:25 a.m., Aug. 16.

Timothy A. Banks, 24, of Columbia Avenue, Batavia, was arrested on a warrant. Banks allegedly failed to appear on an open container charge. He was jailed on $100 bail or $200 bond.

Ellicott M. Hickman Jr., 24, of Hutchins Street, Batavia, is charged with trespass in a city park (between dusk and sunrise). Hickman was allegedly in Williams Park at 5:08 a.m., Aug. 20.

A former local small business owner appeared in county court to answer for a series of thefts in Genesee County that he said was spurred by his addiction to heroin.

Jason D. Lang, 33, of Liberty Street, entered guilty pleas in June to two counts of grand larceny, 4th, related to thefts from Walmart and Target. The guilty plea satisfied a whole raft of similar charges. 

Already in state custody on convictions in neighboring counties, Lang was told today his sentence on the local charges would be one-and-a-half to four years.

The sentences are concurrent to his previous sentence. Lang's attorney told Noonan that a parole board had already told Lang he would be released Sept. 5.

The new sentence throws that release date into doubt. The board will need to take into consideration Noonan's new sentence. At this point, it's unclear when Lang might be released.

"Mr. Lang is eager to return to his community and be productive again," said attorney Jon Wilson.

Lang has been in drug and alcohol treatment and Wilson said he's doing very well. 

"He's committed himself to turning around his world," Wilson said.

Once the successful owner of Batavia Cab, Lang opened a smoke shop and tattoo parlor known as The Laughing Buddha. It may have been the first local shop, just prior to the 420 Emporium opening, to sell bath salts and synthetic marijuana.  

In the Summer of 2012, when local law enforcement and emergency personnel were dealing with a series of peculiar incidents that seemed to stem from bath salt use, Lang was often in the news. He was arrested after imagining and reporting gunfire at a local hotel. He was also accused of impersonating a police officer.

In the midst of his legal troubles, and after his store was shut down and the cab company sold, his family organized a protest outside the 420 Emporium over that store's continued sale of bath salts. (Owner Charles Fitzgerald who owned other locations as well, is currently serving a federal prison term related to his trade in synthetic drugs.)

Lang reportedly kicked the bath salt habit, but then turned to heroin. He was accused of shoplifting from Hamburg to Victor, including in Batavia, during this period.

Wilson said his client has been in treatment at Lakeview since March and has completed both the drug and alcohol portions of the program.

When asked to speak, Lang was contrite.

"I'm sorry for the crimes I committed," Lang said. "I never would have did them if not for my heroin addiction. The past three years have been hard. I put the community through hell, my parents through hell, my children through hell. I'm really regretful for what I did."

Noonan reminded Lang that he wasn't the victim in this case and was in no mood to fashion a sentence that would guarantee Lang could keep his Sept. 5 parole date.

"Let that be the last time you blame heroin for your crimes," Noonan said. "Heroin didn't commit your crimes. You committed your crimes."

The following people were arrested by the Genesee County Sheriff’s Office during the Van Halen Concert at Darien Lake Performing Arts Center on Tuesday.

Michael L. Mawk Jr., 22, of Stellane Drive, Angola, is charged with criminal trespass, 3rd, after allegedly climbing over a fence and entering the concert venue.

James H. Munt, 37, of Robinson Street, North Tonawanda, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Codie J. Taylor, 21, of Greenwood Place, Angola, is charged with criminal trespass, 3rd, after allegedly climbing over a fence and entering the concert venue.

Donald H. Gardener, 29, of Briggs Avenue, Bronx, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return.

Thomas J. Scheurlein, 25, of Chili Avenue, Rochester,  is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. 

Richard D. Cohen, 46, of Ellicott Avenue, Batavia, is charged with petit larceny. Cohen is accused of stealing 13 framed pictures from the walls of Terry Hills Restaurant and Banquet Facility. Cohen allegedly entered a conference room at Terry Hills on Aug. 7 and removed the pictures from the walls and placed them in his vehicle. The next day, after management noticed the pictures were missing, they reviewed video footage of the conference room area and members of the staff recognized Cohen and identified him as the suspect. The pictures were subsequently located in his vehicle. The case was investigated by Kris Kautz.

Sherry Maryanna Steffans, 34, of Stony Point Road, Grand Island, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to yield to an emergency vehicle. Deputy Patrick Reeves attempted to make a traffic stop on Steffans' vehicle at 12:12 a.m. Saturday on Main Road, Pembroke, and Steffans allegedly failed to yield for more than a mile.

When the two brothers appeared in Genesee County Court this afternoon with their mother, they did not appear as young men you would readily pick out as those accused of a violent gang assault.

Polite, well dressed and clean cut, Terrence D. Johnson and Leonard A. Johnson III, entered not guilty pleas to the charges of first-degree gang assault 1st and first-degree assault.

They were indicted by a grand jury, along with Terrance M. Schramm, for their alleged part in the assault of a man on Holland Avenue in the city on April 29.

Initially, charged with a misdemeanor of assault, 3rd, Schramm and the Johnsons, faced the more serious felony counts once the case was presented to the grand jury.

The gang assault statute really has nothing to do with whether the defendents are affiliated with a street gang -- in fact, there's no indication that's the case here -- but that a violent act was carried out with more than two people participating. The exact language of the penal code is:

A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
 

Schramm and the Johnson brothers were allegedly involved in an argument with the victim at 27 Holland Ave. and are accused of kicking the victim and using some hard object, such as brass knuckles, to hit him.

The victim's injuries were initially reported as minor, hence the initial misdemeanor charge, but District Attorney Lawrence Friedman sought the felony counts as the result of the victim apparenlty suffering "permanent impairment of health."

The exact nature of the victim's injuries are not available at this time.

Leonard, 22, appeared in court in a sharp gray suit, white shirt and tie. Terrence wore gray pants, a lighter gray shirt and a tie.  

Friedman did not seek bail for either defendant. They were both released under supervision of Genesee Justice.

Noonan noted that given the serious nature of the charges, a no-bail release is unique.

"A gang assault charge would normally result in a sustantial bail," Noonan said. "It's a great concession to Mr. (Leonard) Johnson to release him under supervision."

There is no record of prior arrests for Terrence Johnson, which contributed to his ability to get a release under supervision.

Leonard Johnson, who lives with his brother on Hutchins Street, must be in his residence every day from 6 p.m. until 7 a.m. Terrence Johnson can only be out during those hours while at work or traveling directly to and from work.

They are to have no contact with the alleged victim.

The attorney for the 25-year-old Schramm is on vacation so his arraignment on the grand jury indictment won't be until next week.

The three men are facing from five to 25 years in state prison on the Class B violent felonies.

Edwin David Young, 54, of Furnaceville Road, Ontario, Canada, is charged with DWI, driving with a BAC of .25 or greater, failure to keep right, and moving from lane unsafely. Young was reportedly involved in an accident at 6:55 a.m. Friday on Route 77, Alabama, which was investigated by Deputy Lonnie Nati. 

Horatio Coleman, 61, of Oak Street, Batavia, is charged with trespass. Coleman was allegedly in Walmart after being banned from the store.

Scott D. Fairfield, 21, of Maple Avenue, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Fairfield was arrested following a report of a suspicious condition by Le Roy PD.

Stephen E. Couglar, 45, of Wayland, is charged with unlawful possession of marijuana. Couglar was charged following a traffic stop by Le Roy PD.

Erin K Douglas, 39, of Lyell Ave, Rochester, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to change address and speeding in zone. Douglas was stopped by Le Roy PD on Aug. 15. He was jailed on $750 bail.

Dezarae P. Benedict, 22, of Bigelow Avenue, Silver Springs, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and inadequate muffler. Benedict was stopped Saturday by Le Roy PD.

Steven A. Miller, 25, of Clark Street, Spencerport, is charged with DWI, driving with a BAC of .08 and speeding in zone. Miller was stopped Sunday by Le Roy PD.

Mercy medics are called to the Hess Mart, 204 Main St., for the victim of an assault. City police are on scene.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving. The statewide STOP-DWI Labor Day enforcement effort begins today (Aug. 21) and runs through Sept. 7.

As summer winds to a close the Batavia Police Department asks that you celebrate responsibly and have a plan. If you plan on going out make sure to have a designated driver, or leave your vehicle behind. Officers will be on duty looking for intoxicated motorists in an effort to keep our streets and highways safe.

While we spend the Labor Day holiday and the end of summer celebrating with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.

Genesee County Undersheriff William Sheron advises: “The Sheriff’s Office has already made 33 more DWI/DWAI arrests this year than we did at this time last year. Clearly the problem is not going away. We are not limited to alcohol impairment.

"With eight Drug Recognition Experts in our ranks, we have the additional ability to detect those drivers who are impaired by both illegal drugs and misused prescription medications. This Labor Day Weekend, our patrols will be focused on removing all impaired drivers from our highways regardless of their drink or drug of choice.”

The STOP-DWI Labor Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from our STOP-DWI Foundation and the Governor’s Traffic Safety Committee.

Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers.

Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Labor Day Weekend!

Kim M. Mobley is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. On July 10 on Hutchins Street in the City of Batavia, Mobley allegedly possessed a dangerous knife or other dangerous or deadly instrument or weapon with intent to use it unlawfully against another person. In count two, Mobley is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing U.S. currency having a value in excess of $1,000. In count three, Mobley is accused of fourth-degree grand larceny for allegedly stealing the property of another person. In count four, Mobley is accused of second-degree obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or preventing a public servent from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act.

Amanda R. Gillett, 32, of Clifton Avenue, Batavia, is charged with obligation of a parent (curfew violation). Gillett's 14-year-old son was allegedly found out and about in violation of the city's 10 p.m. to sunrise curfew for minors.

Donna A. Laird, 47, of West Main Street, Batavia, is charged with obligation of a parent (curfew violation). Larid's 15-year-old son was allegedly in Williams Park in violation of the city's 10 p.m. to  sunrise  curfew for minors.

Chandra M. Propst, 46, of Central Avenue, Batavia, is charged with obligation of a parent (curfew violation). Larid's 15-year-old son was allegedly in Williams Park in violation of the city's 10 p.m. to sunrise curfew for minors.

Adrienne A. Bradford, 39, of Darien, is charged with harassment, 2nd, and menacing. Bradford was arrested by State Police following a report of a domestic incident involving a knife. Bradford allegedly menaced another person and exited the residence holding two large kitchen knives. Troopers report it was necessary to deploy a Taser to subdue Bradford before taking her into custody. She was jailed on $1,000 bail.

Salvatore F. Pedone, 20, of Fairport, is charged with unlawful possession of marijuana. Pedone was a passenger in a car stopped for speeding on Judge Road in the Town of Alabama. Marijuana residue was allegedly found in a container in Pedone's possession.

Maricarmen Rivera, 24, of Kenwood Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone (61 in a 30 mph zone). Rivera was stopped at 2:18 a.m. Thursday on Oak Street, Batavia, by Officer Christopher Lindsay.

Leonard C. Millard, 58, of Jackson Street, Batavia, was arrested on a warrant for alleged failure to appear on a court case.

James Edward Wroten, 48, of Raymond Avenue, Batavia, is charged with violation of an order of protection. Wroten was allegedly found in the home of the protected party.

A 16-year-old resident of Darien is charged with criminal mischief, 4th, unlicensed operation, leaving the scene of a property damage accident and speeding in special hazards. The charges were filed in Wyoming County following an accident on Folsomdale Road, Bennington. The vehicle was allegedly stolen out of Cowlesville and was owned by the youth's parents. The youth was also charged in Genesee County.

The following people were arrested by the Genesee County Sheriff’s Department during the Chris Brown concert at Darien Lake Performing Arts Center on Wednesday.

Matthew J. Norton, 22, of South Main Street, Evan Mills, is charged with harassment, 2nd, after allegedly punching a security officer in the face. Norton was arraigned in Darien Court and jailed in lieu of $750 bail.

Ashley Ginter, 27, of East Main Street, Alleghany, is charged with disorderly conduct after allegedly causing a disturbance in the parking lot. Ginter was arraigned in Darien Court and jailed in lieu of $500 bail.

A 16-year-old of Kline Road, Niagara Falls, is charged with harassment, 2nd, after allegedly punching another patron in the face.

Curtis W. Brock, 19, of Hedgewood Drive, Williamsville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Katie A. Hamilton, 21, of Marvel Lead Drive, Greece, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Brett M. Dechent, 23, of Hamburg Turnpike, Lackawana, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Joshua B. Reed, 22, of Church Street, Medina, is charged with criminal trespass, 3rd, after allegedly reentered the concert venue after being ejected and told not to return.

Haley L. Filippone, 19, of Salt Road, Clarence, is charged with trespass, criminal trespass, 3rd, after allegedly reentering the concert venue twice after being ejected and told not to return. Filippone allegedly provided another subjects identification on the initial trespass. Additional charges are pending.

Christopher F. Weber, 18, of Ransom Road, Lancaster, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

A 16-year-old of Chili Avenue, Rochester, was arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana.

Ronald J. Minni, 23, of Wheeldon Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Justin M. Ferraraccio, 19, of Chestnut Ridge, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly being found in possession of codeine and methylphenidate and marijuana.

Lisa R. Occhipinti, 20, of Balla Drive, North Tonawanda, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana.

Sydney C. Pontzer, 18, of Shaffer Avenue, Ridgeway, Pa., arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old of Francine Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Mark A. Donahue, 36, of Townline Road, Sanborn, is charged with harassment, 2nd, after allegedly punching another subject in the face with a closed fist.

Terrance M. Schramm, Terrence D. Johnson, and Leonard A. Johnson III are indicted for the crime of first-degree gang assault, a Class B violent felony. On April 29 in the area of 27 Holland Ave., it is alleged that these three men, with intent to cause serious physical injury to another person, and when aided by two or more other persons actually present, caused serious physical injury to a third person. In count two, the defendants are accused of the same crime, by means of a dangerous instrument -- footwear and/or brass knuckles or some other handheld hard object.

Kerri Lynn Forsberg is indicted for the crime of second-degree attempted assault, a Class E felony. It is alleged that on July 6 at United Memorial Medical Center in the City of Batavia, Forsberg, with intent to cause physical injury to a registered nurse, attempted to cause such injury while the nurse was performing an assigned duty.

Eric R. Westermeier is indicted for the crime of driving while intoxicated as a Class D felony. He is accused of operating a 2004 Dodge on March 8 on Erie Street in the Town of Darien while intoxicated. In count two, he is accused of having a BAC of .08 or more at the time as shown by a breath analysis. In count three, he is accused of driving while his ability to do so was impaired by the combined influence of any drug or drugs and alcohol, as a Class D felony. In counts four and five, he is accused of first-degree aggravated unlicensed operation for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and yet he was driving a motor vehicle and doing so under the influence of alcohol or a drug.

Brock T. Barry is indicted for the crime of driving while intoxicated, as a misdemeanor. He is accused of operating a 2013 Jeep on March 22 on Route 77 in the Town of Pembroke while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a misdemeanor, for having a BAC of .08 or more at the time. In count three, Barry is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that at the time his driver's license was suspended, revoked or otherwise withdrawn by authorities, and yet he was driving a motor vehicle and doing so under the influence of alcohol.

Gerald John Wiesmore, 47, of Herkimer Road, Darien, is charged with insurance fraud, 3rd, attempted grand larceny, 3rd, and falsely reporting an incident. Wiesmore allegedly reported his 2009 Ford F-150 as stolen and then attempted to file an insurance claim well in excess of $3,000.

Kayla Wethington, 26, of Batavia, is charged with grand larceny, 4th. Wethington allegedly stole more than $1,000 from a family member’s purse at a residence in the Town of Bethany.

Ryan A. Ballard, 23, of Dundee, is charged with DWI, speeding, failing to keep right and improper turn. Ballard was stopped on Harper Road, Darien, by State Police. Ballard allegedly failed the standardized field sobriety test.

Matthew S. Martin, 31, of Canandaigua, is charged with DWI, failure to keep right and excessive window tint. He was stopped on Colby Road, Darien, by State Police. Martin allegedly had a BAC of 0.08. 

Joseph A. Andrese, 28, of Rochester, is charged with DWI, speeding, moved from lane unsafely and driver-no seatbelt. Andrese was stopped on State Route 77,  Corfu, by State Police. Andrese allegedly failed a standardized field sobriety test. He was allegedly found to have a BAC of .15.

Jorge Cortes, 25, with no permanent address, is charged with assault, 3rd, strangulation, 2nd, intimidating a witness, 3rd, criminal possession of a weapon, 4th (non-citizen), and criminal mischief, 4th (preventing emergency assistance). Cortes is allegedly an undocumented person from Oaxaca, Mexico. He is accused of being involved in a domestic incident. He was jailed without bail.

Alex J. Ianita, 21, of Bank Street, Batavia, is charged with endangering the welfare of a child, unlawful imprisonment, assault, 3rd, petit larceny and robbery, 2nd. Ianita was allegedly involved in a domestic incident. He was jailed without bail.

Jimpce J. Etienne, 39, of Warren Street, Batavia, is charged with DWI and open container. Etienne was stopped at 4:16 p.m. Saturday on Jackson Street by Officer Marc Lawrence.

A 17-year-old resident of Walnut Street, Batavia, is charged with resisting arrest. The youth was taken into custody on three separate City Court warrants. He was handcuffed and placed in the back of a patrol vehicle. He allegedly attempted to break free from police, pushing past them. He was subdued and transported to police headquarters where he allegedly caused an ongoing disturbance, kicking walls, doors and other furnishings in the holding room.

Johnnie M Waston, 32, of Dodge Street, Batavia, is charged with attempted assault, 2nd, and endangering the welfare of a child. Waston is accused of grabbing a youth by the legs causing the youth to fall to the ground. The mother of the youth confronted Waston and Waston allegedly threw a glass bottle at her, hitting her with it.

Jacy William Lennon, 39, of Empire Boulevard, Rochester, is charged with issuing a bad check. Lennon was arrested on a warrant and posted $500 bail.

A 16-year-old resident of Vine Street is charged with petit larceny. The youth is accused of stealing food from Dollar General.

John A. Thomas, 50, of State Street, Batavia, was arrested on a warrant for alleged failure to abide by release conditions. 

Kimberly A. Brodsky, 23, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 17-year-old resident of South Swan Street, Batavia, is charged with petit larceny. The youth is accused of stealing a drink from Dollar General (name withheld by Batavia PD).

Willie A. Saab Jr., 41, of West Main Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, criminal mischief, 4th, and endangering the welfare of a child. Saab was arrested on a warrant. He was also arrested on charges stemming from an alleged domestic incident on Prune Street on Aug. 11. He was jailed without bail.

Matthew D. Derrick, 30, of Batavia, is charged with criminal contempt, 1st. Derrick allegedly violated a stay away order of protection. He reportedly has a prior criminal contempt conviction in the past five years, making the new charge a felony. He was jailed without bail.

Chad Daniel Crawford, 37, of McKenzie Street, Bergen, is charged with assault, 3rd. Crawford was allegedly involved in a domestic incident. Crawford allegedly grabbed another person and pushed the person's head into a sink.