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Batavia, Stafford and Oakfield hit by vehicle thefts and larcenies from vehicles in April

By Howard B. Owens

A series larcenies from vehicles, along with four vehicle thefts, in Genesee County are under investigation and there is a suspect in at least one stolen vehicle case, according to Chief Deputy Jerome Brewster. 

The first report of a stolen vehicle came in on April 19. A vehicle was stolen from the Park Road area of Batavia. The vehicle was involved in a crash in Rochester and the driver and possible occupants fled the scene. Rochester PD is investigating.

On April 22, two vehicles were reported stolen.

A vehicle was stolen from within the Village of Oakfield. It was involved in a crash in the Town of Hamlin. The suspect or suspects fled the scene. Monroe County Sheriff's Office is investigating.

The most recent reports of thefts were April 29 on Bank Street Road. Along with the larcenies from vehicles, a 2008 Ford Focus, color blue, was reported stolen. There is a suspect in this case. The Sheriff's Office is handling the investigation.

Law and Order: Accused child sexual abuser hauled in from Florida, jailed without bail

By Billie Owens

Brandon Marshall Weig, 27, of Glen Meadow Drive, Lakeland, Fla., is charged with two counts of second-degree aggravated sexual abuse, assault -- injury to a person less than 7 years old, and sex abuse -- involving a person less than 11 years old. Weig fled Genesee County and was subsequently located at a family member's residence in Florida. He was extradicted and arraigned this morning on the charges in front of Genesee County Court Judge Robert C. Noonan. Weig is jailed without bail. He also has a bench warrant out against him from Genesee County Integrated Domestic Violence Court for failure to appear for sentencing. The case was investigated by Genesee County Sheriff's Deputy John Baiocco, assisted by Deputy Thomas Sanfratello.

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Brian Allen Erbach, 32, of Attica Gulf Road, Attica, is charged with three felonies: aggravated DWI (driving with a BAC of .18 percent or higher), aggravated DWI with a child age 17 or younger inside the vehicle (Leandra's Law), and DWI; plus endangering the welfare of a child (a misdemeanor), and two traffic infractions -- speed not reasonable or prudent for a curve in the roadway and moving from lane unsafely. After allegedly crashing the vehicle he was driving on Buckman Road, Bethany, on Saturday afternoon, Erbach reportedly fled the scene with his children -- ages 1 and 2 -- to an address on Dublin Road. He left his children with a family friend there and went into a wooded area behind the residence. He was subsequently found by the investigating officer in the woods near a chicken coop. The case was investigated by Sheriff's Deputy Christopher Parker, assisted by Wyoming County Sheriff's Deputy Brad McGinnis, members of the NY State Police stationed in Wyoming and Genesee counties, and several other members of the GC Sheriff's Office. (Photo above from scene on Saturday.)

Julie L. Dutton, 20, of Ellicott Street, Batavia, is charged with first-degree criminal contempt and criminal obstruction of breathing. She was arrested after allegedly violating a complete stay away order of protection issued by Batavia City Court by staying in the same residence as the protected party. Dutton allegedly choked the protected party during this time. She was jailed without bail. The case was handled by Batavia PD Officer Jamie Givens.

Travis M. Blue, 31, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. Blue allegedly choked a person during an argument on April 22. He was issued an appearance ticket and is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Jamie Givens, assisted by Officer Christopher Camp.

Sarah M. Wilson, 31, of Hutchins Street, Batavia, is charged with second-degree harassment -- physical contact, and failure to obey a court order. She was arrested following a call about a physical domestic incident and it is alleged that she slapped a victim in the face. She was jailed and bail set at $1,000. The case was handled by Batavia PD Officer Devon Pahuta, assisted by Officer Chad Richards.

Terrance M. Schramm, 24, of Columbia Avenue, Batavia, is charged with third-degree assault following an incident which occurred at 8:40 p.m. on April 29 on Holland Avenue, Batavia. He was arrested after a fight that allegedly involved himself and four other people. One of the people Schramm allegedly assaulted received minor injuries. The case was handled by Batavia PD Officer Jason Ivison, assisted by Officer Devon Pahuta.

Terrance D. Johnson, 20, of Holland Avenue, Batavia, is charged with third-degree assault following an investigation into a disturbance on Holland Avenue. He is to appear in Batavia City Court on May 27. The case was handled by Batavia PD Officer Kevin DeFelice.

Samantha L. Gibbs, 25, of State Street, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation on April 26 into an incident where Gibbs, the sole caregiver to her children, was found to be intoxicated beyond the point where she could reasonably care for her children. She was issued an appearance ticket and is to appear in Batavia City Court at a later date. The case was investigated by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Scott Charles Rauth, 28, of Prole Road, Stafford, is charged with felony DWI, felony DWI with a BAC of .08 or higher, aggravated unlicensed operation in the first degree, unlawful possession of marijuana, and motor vehicle equipment violation for no/inadequate plate lamp. The charges stem from a traffic stop in the City of Batavia on East Main Street on April 22. Rauth is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Chad Richards, assisted by Officer Nedim Catovic.

Michael F. O'Neill, 44, of Englewood Avenue, Tonawanda, is charged with DWI with a prior conviction within the preceding 10 years, DWI with a BAC of .08 percent or more with a prior conviction within the preceding 10 years, aggravated unlicensed operation, 1st, unlawful possession of marijuana, and speeding -- 60 mph in a 30-mph zone. O'Neill was arrested April 19 as the result of a traffic stop on Oak Street in the City of Batavia. He was arraigned and jailed without bail and is to appear in City Court at a later date. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Carrie L. Blaszak, 44, of West Barre Road, Albion, was arrested April 26 and charged with DWI, refusing chemical testing, open container of alcoholic beverage, obstructed view, and failure to keep right. Blaszak was arrested following a traffic stop at 12:06 a.m. prompted by patrols observing a driver with "multiple signs of intoxication." She was jailed in lieu of $500 bail. The case was handled by Batavia PD Officer Nedim Catovic, assisted by Officer Eric Foels.

James Ryan Marino, 21, of Ogden Center Road, Spencerport, is charged with unlawful possession of marijuana, failure to obey a traffic device, drinking alcohol in a motor vehicle while on a a public highway, and operation of an unregistered motor vehicle on a public highway. He was stopped by law enforcement on Clinton Street Road in Stafford on April 30. He was issued an appearance ticket and is to appear in Stafford Town Court at a later date. The case was handled by Sheriff's Deputy Joseph Corona.

Monte J. Zurlo, 40, of Bloomingdale Road, Akron, is charged with driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent or more. The arrest followed a traffic stop on April 27. Zurlo is to appear in Batavia City Court on May 20. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Karen D. Bannister, 74, of 172 S. Main St., Apt. #207, Batavia, was arrested April 23 and charged with harassment. Her arrest was prompted by an ongoing issue between Bannister and her neighbors. It is alleged that Bannister has had repeated unwanted contact with her neighbors and had been advised by law enforcement to cease contact with them. She was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer Peter Flanagan, assisted by Officer Kevin DeFelice.

Sarah M. Wilson, 31, of State Street, Batavia, is charged with second-degree criminal contempt. Wilson is accused of disobeying a court order to stay away from a protected party in an order of protection issued by Batavia City Court. She was arrested April 29 and released on an appearance ticket for Batavia City Court on May 19. The case was handled by Batavia PD Officer Nedim Catovic.

Max Lyman Metcalf Jr., 34, Batavia-Oakfield Townline Road, Oakfield, was arrested April 24 at 9:21 p.m. on South Pearl Street in Oakfield following a traffic stop. Metcalf is charged with misdemeanor driving while intoxicated, failure to use turn signal, operating an ATV without headlights, unlawful operation of an ATV on a public highway, and operating an unregistered ATV. He was involved in a short pursuit with law enforcement after being observed by deputies allegedly riding his ATV down Route 63 before turning onto South Pearl Street in the Village of Oakfield. Metcalf allegedly fled east down the abandoned railroad bed into Alabama before being apprehended. He was issued an appearance ticket and is to return to Town of Oakfield Court on May 25. The case was investigated by Sheriff's Deputy Michael Lute, assisted by Deputy James Diehl.

Jeremy P. Almeter, 31, of Center Street, Batavia, is charged with second-degree harassment. On the morning of April 20, following a dispute with a friend, Almeter allegedly shoved a person and threw the person's coffee outside. He was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer James DeFreze, assisted by Officer Mitchell Cowen.

Willie J. Thomas, 39, of State Street, Batavia, is charged with disorderly conduct. He was arrested after allegedly punching a person while inside a public location on West Main Street. He is to be in Batavia City Court May 5. The case was handled by Stephen Cronmiller.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with trespass and petit larceny. Zimblis was arrested April 28 on West Main Street Road, Batavia, following a complaint from Mill Street where Zimblis allegedly stole some scrap metal. Zimblis is set to appear in Batavia City Court on May 12. The case was investigated by Batavia PD Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Kyle J. Burdick, 26, of North Lyon Street, Batavia, is charged with second-degree criminal trespass -- remaining in a dwelling. He was arrested after being found allegedly hiding in the back room of a divided basement which belonged to another tenant. The basement is separated by a wall and the door is secured door with a latch and padlock, which had been removed. He is to appear in Batavia City Court on May 19. The case was handled by Batavia PD Officer Jamie Givens.

Desmond L. Majors, 22, of Dewey Avenue, Rochester, was arrested April 24 on a bench warrant for failure to appear on two counts of second-degree harassment and one count of disorderly conduct. Majors was located by Rochester PD on an unrelated traffic stop and turned over the BPD. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Ricard F. Sarro, 20, of Jackson Street, Batavia, and Shawna L. Adams (no age provided), Mia Velletta (no age provided), and Cherub E. Madafferi (no age provided) are charged with unlawful possession of alcohol by a person under age 21. They were arrested after midnight April 26 following an investigation into an under-age drinking party at 108 Jackson St. where residents had previously been warned by law enforcement about providing alcohol to persons under age 21. The case was investigated by Batavia PD Officer Eric Foels, assisted by Officer Felicia DeGroot.

Taein Yoon, 22, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a child. Yoon, a Republic of Korea native here on a student VISA playing for GCC's Men's Soccer Team, was arrested April 26 following the report of Yoon hosting an under-age drinking party at his apartment. He was issued an appearance ticket and is to appear in Batavic City Court at a later date. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Sean E. Allen, 21, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a minor. Allen, a native of Ireland here on a student VISA playing for GCC's Men's Soccer Team was arrested April 26 following the report of Allen hosting an under-age drinking party at his apartment. He was issued an appearance ticket for Batavia City Court at a later date and released. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Chiyannon James Deforest Bundy, 27, of Gilbert Street, Le Roy, is charged with failure to pay fine. He was being held in Genesee County Jail on an unrelated matter and was arrested on a bench warrant from GC Court for failure to pay his fine. He was arraigned this morning and bail set at $1,000. He was then returned to jail. The case was handled by Sheriff's Deputy John Baiocco.

Jorge Sosa, 47, of Masseth Street, Rochester, is charged with a violation of probation. Sosa was located in Rochester by the Henrietta PD and found to have an active warrant out of Genesee County Court. He was brought to Batavia and jailed in lieu of $3,000 cash bail. The case was handled by Batavia PD Officer Frank Klimjack.

Susan Foley, 47, of Woodsfield Drive, Lakeview, is charged with issuing a bad check. She turned herself in on the charge after an arrest warrant was issued by Batavia City Court. On Dec. 3, 2013, she allegedly wrote a check to a business in the City of Batavia that was returned for insufficient funds. Foley posted cash bail and is to return to City Court on May 12. The case was handled by Batavia PD Officer Jamie Givens.

Sabaheta Jukic, 50, of Bamm Hollow Road, Clay, is charged with possession of more than 4,000 untaxed cigarettes, speeding -- 52 in a 40-mph zone, and following too closely. Jukic was stopped April 30 on Route 77, Town of Pembroke, and subsequently allegedly found in possession of 4,000 untaxed cigarettes. Jukic was issued a traffic summons and an appearance ticket and is to be in Town of Pembroke Court on May 26. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Andrea L. Hendrickson, 34, of Chesterton Road, Rochester, is charged with unlawful possession of marijuana, obstructed plate, and obstructed driver's view. Hendrickson was stopped on April 30 on Route 77, Town of Pembroke, for vehicle and traffic charges and subsequently allegedly found to be in possession of marijuana. She was issued a traffic summons and an appearance ticket for Town of Pembroke Court for May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Roxanne Lynn Battaglia, 49, of Belknap Street, Rochester, is charged with unlawful possession of marijuana. She was a passenger in a vehicle stopped on Route 77, Town of Pembroke, on April 30. She was subsequently allegedly found to be in possession of marijuana. She was arrested, issued an appearance ticket and is to appear in Town of Pembroke Court on May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Christian J. Finkney, 27, of North Pembroke Road, Batavia is charged with violating a condition of sentence. He was arrested on April 18 and released with an appearance ticket for City Court May 5. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Joseph M. Marsceill, 48, of Pringle Avenue, Batavia, was arrested April 8 on an outstanding bench warrant from Batavia City Court. The arrest came after a traffic stop on Liberty Street. Marsceill pled guilty to a previous charge of operating a motor vehicle with a suspended registration and he allegedly failed to pay the resulting fine. He was released after posting bail. The case was handled by Batavia PD Officer Nedim Catovic.

Corina M. Distefano, 24, of Mount Read Boulevard, Rochester, was arrested for failure to appear in court after being issued a traffic ticket. She was taken into custody upon her release from Monroe County Jail on an unrelated matter. She was put in Genesee County jail in lieu of $250 bail. The case was handled by Batavia PD Officer Devon Pahuta.

Michael S. Gumberts, 23, of Stony Point Road, Rochester, was arrested by Town of Gates PD following a traffic stop on April 20 and turned over to Batavia PD. He had a bench warrant for failure to appear in Batavia City Court. He was jailed in lieu of $300 bail. The case was handled by Batavia PD Officer Stephen Cronmiller.

Law and Order: Woman accused of stealing boyfriend's boots

By Howard B. Owens

Ann Rita Pokornowski, 54, of Ellicott Street, Batavia, is charged with petit larceny. Pokornowski is accused of stealing a pair of boots from her boyfriend's house on Bennett Avenue, Oakfield.

Sade Henderson, 20, of New York City, is charged with petit larceny. Henderson is accused of stealing an Internet router from a dorm room at College Village. 

Danielle G. Bryant, 41, of Stewart Road, Pavilion, is charged with criminal contempt, 2nd. Bryant is accused of violating an order of protection in Le Roy.

Man accused of preventing firefighters from entering smoke-filled trailer

By Howard B. Owens

An Oakfield man has been accused of impeding firefighters who responded to a report of smoke in a residential trailer on Overlook Drive on Sunday.

Jeffrey M. Johnson, 27, is charged with obstructing firefighter operations.

Town of Batavia Fire responded to the call at 5:20 a.m., Sunday.

Johnson was said to be uncooperative and allegedly refused firefighters entry into the trailer, which firefighters said was filled with significant smoke.

State Police were summoned and Johnson was taken into custody and jailed on $250 bail.

It was determined the smoke was the result of food left on an unattended stove.

NOTE: Johnson's arrest was reported in this morning's Law and Order, but we received additional information this afternoon.

Dash cam video shows three-vehicle accident on Thruway in Batavia

By Howard B. Owens

Kiran Thapa

This video of a three-vehicle accident last Tuesday on the Thruway going through Batavia already has more than 230,000 views and has drawn more than 400 comments.

The driver of the Camaro was charged with DWI.

Kiran Thapa, 32, of Columbus, Ohio, was allegedly driving with a BAC of .19. He was also charged with aggravated unlicensed operation, 1st, a Class E felony.  

Thapa was arraigned in Town of Batavia Court and jailed on $2,500 bail or $5,000 bond.

A spokesman for Troop T had no further information available on the accident at this time.

Law and Order: Teen accused of selling drugs at high school

By Howard B. Owens

Dakota R.L. White, 16, of South Lake Street, Bergen, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 7th. White is accused of possessing and selling a controlled substance at Byron-Bergen High School. White was arraigned and released under supervision of Genesee Justice.

A 17-year-old resident of York Road, Pavilion, is charged with petit larceny. The youth is accused of stealing an item from Pavilion High School.

Amer Jusufbasic, 37, of Mohawk Street, Utica, is charged with possession of more than 400 untaxed cigarettes, aggravated unlicensed operator, 2nd, unlicensed operator, driver's view obstructed and driving without an interlock device. Jusufbasic was stopped at 12:48 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Jusufbasic was allegedly in possession of 2,600 untaxed cigarettes. He was jailed on $1,500 bail or $5,000 bond.

Christine Amnita Soler, 37, of Phelps Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operator, 3rd, improper left turn, unlawful possession of marijuana and unlicensed operator. Soler was stopped at 10:16 a.m. Friday on Phelps Road, Pembroke, by Deputy Patrick Reeves.

Christopher Allen Sewar, 28, of Maple Street, Batavia, is charged with petit larceny. Sewer is accused of stealing merchandise valued at $10 from Walmart.

Todd Vincent Amico, 51, of Burritt Road, Hilton, is charged with possession of 400 untaxed cigarettes. Amico was a passenger in a vehicle stopped at 10:08 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Amico was allegedly in possession of 2,300 untaxed cigarettes.

Jerell J. Jones Sr., 26, of East Main Street, Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration. Jones was allegedly involved in two verbal arguments that required police intervention to prevent two separate physical confrontations. Jones was jailed on $2,500 bail or $5,000 bond.

Joshua H. Currier, 30 of Batavia, is charged with DWI. Currier was stopped by State Police on the Thruway in Henrietta on Thursday. He allegedly had a BAC of .12. 

Crystal L. Wojtkowiak, 19, of Attica, is charged with obstructing governmental administration and reporting false information regarding an incident. Wojtkowiak was arrested by State Police in regards to an unspecified incident in Alexander.

Laquasia M. Orr, 19, of Bronx, is charged with identity theft, 3rd. Orr was arrested by State Police in relation to an unspecified incident Saturday.

Jeffrey M. Johnson, 27, of Batavia, is charged with obstructing firefighting operations. Johnson was arrested by State Police for an alleged incident reported at 5:20 a.m. Sunday at 26 Overlook Drive, Batavia. No further details released.

Teen admits to violent robbery, but says no weapon was used

By Howard B. Owens
Tyshon Taylor

A teenager accused of participating in a violent robbery in March on Central Avenue is facing a possible three years in prison after entering a guilty plea in County Court this afternoon to a charge stemming from that attack.

Tyshon L. Taylor was originally charged with assault in the first degree, but the plea deal reduced the charge to attempted assault, 2nd.

In the initial report, Taylor was accused of hitting a person with a gun, but when Judge Robert C. Noonan questioned Taylor as part of the factual admission portion of his hearing, Noonan asked about the use of a knife. Taylor said no weapon was used at all.

After a conference among the attorneys at Noonan's bench, District Attorney Lawrence Friedman amended the count Taylor would admit to. Instead of second-degree assault, the charge was changed to attempted assault, 2nd. That kept it as a Class D violent felony and preserved the three-year potential prison term.

Taylor then admitted to participating in the forcible theft of property from a person while working in concert with another suspect.

His co-defendant is Preston Daigler, who is scheduled to appear in County Court on Monday on a possible plea deal.

Taylor was soft spoken and respectful throughout the hearing, often answering Noonan's questions with, "yes, sir."

Sentencing is scheduled for 11 a.m., July 6.  

Taylor remains in custody without bail.

Bank Street woman accused of selling cocaine

By Howard B. Owens
Shannon Dick

A 33-year-old Bank Street resident has been accused of selling drugs following an undercover investigation by the Local Drug Task Force and the execution of a search warrant at her residence.

Shannon H. Dick is charged with three counts of criminal sale of a controlled substance, 3rd, three counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal possession of criminal possession of controlled substance, 5th.

As a result of the search warrant, she was also charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Prior to her arrest, the Grand Jury of Genesee County, indicted Dick on the first set of charges.

She allegedly sold cocaine to an agent of the task force while in the City of Batavia.

Dick was jailed pending arraignment in Genesee County Court.

The warrant allegedly uncovered crack cocaine and marijuana. She was issued an appearance ticket on those charges. 

Batavia PD and the District Attorney's Office assisted in the arrest and investigation of the suspect.

Traffic stop allegedly yields 27 packages of crack cocaine

By Howard B. Owens
Ronnie Edmunds

A suspected drug dealer from Rochester was arrested Wednesday following a traffic stop on Route 33, Stafford, which led to the alleged discovery of 27 individual bags of crack cocaine.

Ronnie D. Edmunds, 24, of Alice Drive, Rochester, is charged with criminal possession of a controlled substance, 3rd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd.

Following arraignment in Town of Stafford Court, Edmunds was jailed on $20,250 bail.

The investigation was led by the Local Drug Task Force with the assistance from the District Attorney's Office and uniformed Sheriff's deputies.

Law and Order: Le Roy man accused of selling pills to task force agent

By Howard B. Owens

Jason P. Andrews, 38, of Lake Street Road, Le Roy, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Andrews is accused of selling an unspecified controlled substance in the form of pills to an agent of the Local Drug Task Force. Andrews was arrested at his residence, arraigned and released under supervision of Genesee Justice.

Jonathon Grant Browne, 22, of Leighton Avenue, Rochester, is charged with possession of untaxed cigarettes, unlawful possession of marijuana, aggravated unlicensed operation, 2nd, speeding and driving a vehicle without stop lights. Browne was stopped at 4:08 p.m. Tuesday on Main Street, Oakfield, by Deputy Joseph Corona.

A 17-year-old youth, residence not specified, is charged with criminal mischief, 3rd. The youth was arrested in Alexander by State Police. No further details released.

Jenna L. Josephite, 26, of Batavia, is charged with criminal possession of a controlled substance, 7th, and Dillon M. Brito, 23, of Batavia, is charged with unlawful possession of marijuana. Josephite and Brito were arrested and charged by State Police at 3:30 p.m. Sunday on Route 5, Town of Batavia. No further details released.

Grand Jury Report:

Veronica Garcia is indicted on a count of felony DWI, felony driving with a BAC of .18 or higher, two counts of driving drunk with a child less than 15 years of age in the vehicle and endangering the welfare of a child. Garcia is accused of driving drunk Dec. 19 on Route 98, Alexander, with two children in the vehicle. She allegedly has a prior DWI conviction from February, 2011, in the City of Batavia.

Former nursing home owner faces new federal charge

By Howard B. Owens

The former owner of the Batavia Nursing Home is facing a new federal charge after being indicted on a count of bankruptcy fraud by a federal grand jury.

Marc Korn, 58 and a resident of Amherst, is accused of making false statements under oath during a bankruptcy proceeding concerning the ownership of safe deposit boxes. He is also accused of failing to disclose life insurance policies transferred to another person and concealing assets from creditors.

Korn was already under federal indictment on charges of wire fraud, bank fraud, and failure to pay employment taxes, as well as making false statements to law enforcement.

That indictment was issued in 2011, at a time when Korn was under fire for reportedly failing to pay his Batavia employees.

All told, Korn is facing as much as 30 years in prison and more than $1 million in fines or both.

He's scheduled to go to trial on the first set of charges May 20.

Law and Order: Man accused of disrupting religious service in Darien

By Howard B. Owens

Otto Charles Reinhardt, 48, of Clarence Center Road, Clarence, is charged with disruption of a religious service, criminal mischief, 4th, harassment, 2nd, trespass, assault, 3rd, and criminal contempt, 2nd. Reinhardt allegedly disrupted a religious service at 2:54 p.m. Sunday at 282 Broadway Road, Darien, and punched several people. He allegedly damaged personal property. He had allegedly been previously barred from the property. At 12:03 a.m. Sunday, at another location on Broadway Road, Darien, Reinhardt allegedly violated an order of protection out of Erie County Family Court. He was also charged with trespass related to that incident. He was jailed on $2,500 bail.

Joseph Christopher Downs, 43, of Knowlesville Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Downs was arrested following the report of a single-vehicle accident at 8:10 p.m. April 12 on Fox Road, Oakfield. The accident was investigated by Deputy Kevin McCarthy.

It's National Crime Victims’ Rights Week

By James Burns

National Crime Victims’ Rights Week kicked off this morning at Genesee Community College with a ceremonial flag raising and a speech by Lt .Gov. Kathy Hochul.

All local law enforcement, the FBI and Genesee County Mental Health Association, were in attendance today to spread awareness of the rights of crime victims. Specifically their focus was on educating the community about the protection of young adults and preventing them from becoming victims. The keynote speaker was Special Agent Steve Miller of the FBI. His education speech was on social media and how it is used for cyber-bullying, sexual predators and other dangers.

Hochul began her speech this morning by asking for a moment of silence for the victims of the Oklahoma bombing 20 years ago. She went on to mention a few new initiatives by the state relative to crime victims. First she mentioned how seriously Governor Cuomo is taking sexual assault on campus at colleges. She said thinking needs to be changed to recognize sexual assault on campus as a crime and the Governor’s office has made this a top priority.

The next topic was an announcement that crime victims can now ask the state for financial assistance online. This online access is meant to make applying for aid less stressful and simpler than before. The financial assistance is meant to help with medical bills, lost wages, moving expenses and other financial needs stemming from being victimized.

In 2014 8,300 crime victims were paid more than $20 million in compensation. The funding for this financial relief and program comes form the fines levied against offenders. For more information about this financial program please visit www.ovs.ny.gov or call 1-800-247-8035

As the week continues, two more meetings are open to all to attend:

Wednesday, April 22, 6 to 8:30 p.m.

Stewards of Children Child Sexual Abuse

Prevention Training

YWCA, 301 North St., Batavia

Call Theresa at 585-344-0516, ext. 111, for information.

Friday, April 24, 5:30 p.m.

Ceremonial Walk and Reception

Old County Courthouse

Corner of routes 5 and 63.

Law and Order: Motorcyclist charged with three felonies after traffic stop in Village of Le Roy

By Billie Owens

Daniel Steven Platt, 34, of Lake Street, Le Roy, is charged with three E felonies: aggravated DWI -- having a BAC of .18 or more; DWI; and aggravated unlicensed operation. He was arrested April 17 following a traffic stop in the Village of Le Roy. He was allegedly operating a motorcycle while intoxicated and with a revoked license. He was also charged with these traffic violations: speed in zone, no turn signal, no helmet, no face shield, unregistered motorcycle, uninspected motorcycle, operating without insurance, improper plates and unlicensed operator. Platt was issued an appearance ticket and is to return to Le Roy Town Court on May 18. The case was investigated by Sheriff's deputy Michael Lute, assisted by deputy Joseph Graff.

Fletcher M. Royce, 27, of Dunham Road, Varysburg, was arrested April 18 on Clinton Street Road, Bergen, and charged with operating a motor vehicle while impaired by drugs as a first offense, criminal possession of a controlled substance (heroin), 7th, possession of a hyperdermic instrument, operation of a motor vehicle while using a mobile phone, and operation of a motor vehicle with a broken windshield. He was released from custody with an appearance ticket to return later to Bergen Town Court. The incident was handled by Sheriff's dpeuty Joseph Corona.

Cole James Farner, 31, of Clinton Street Road, Batavia, is charged is DWI and driving with a BAC of .08 or higher. He was arrested after an investigation of a motor-vehicle crash that occurred March 29 at about 7:30 in the morning when Farner's vehicle struck a control panel at the main gate for the Buffalo Federal Detention Center while he was allegedly intoxicated. He was issued an appearance tickets on both charges. The case was investigated by Sheriff's deputy Christopher Parker.

Michele L. Bialy, 48, of East Main Street, Batavia, is charged with driving while intoxicated, aggrevated unlicensed operation, 1st, operator in violation of conditional license, and drinking alcohol in a motor vehicle on a highway. Bialy was arrested on Summit Street following an investigation after patrols were dispatched at 12:33 p.m. on April 17 to check the welfare of a female found slumped over the steering wheel of a vehicle in a parking lot. The case was investigated by Batavia police officer Matthew Wojtaszczyk, assisted by officer Eric Foels.

Ronald D. Williams, 38, of Ellicott Street, Batavia, was arrested for petit larceny following an investigation on scrap metal stolen from a business on Swan Street. He was issued an appearance ticket and is to appear in City Court Wednesday afternoon. The case was investigated by Batavia police officer Peter Flanagan, assisted by officer Kevin DeFelice.

Natalie Kathryn Moe, 20, of Ridge Road West, Brockport, is charged with unlawful possession of alcohol by a person under 21, and speeding (68 in a 55-mph zone). She was arrested on Route 33 in Bergen on April 19 and released with appearance ticket for Bergen Town Court at a later date. The case was handled by Sheriff's deputy Joseph Corona.

John Kauffman Stone, 48, of West Main Street Road, Batavia, was arrested at 11:10 p.m. on April 16 after allegedly pushing a door that struck another person. He is charged with harassment, 2nd, and obstructung governmental administration. The case was handled by Sheriff's deputy Christopher Erion, assisted by deputy Richard Schildwaster.

Kevin M. Horn Jr., 26, of Batavia, was arrested April 16 by the Village of Le Roy Police Department for allegedly driving while intoxicated. He was allegedly crossing the center line. Horn was issued tickets for driving to the left of pavement markings, no passing zone, DWI, and aggravated DWI for allegedly having a BAC in excess of .18%. Horn was released on appearance tickets, and is scheduled to appear in Le Roy Town Court on May 18.

Eric R. Swede, 26, of Le Roy, was arrested April 17 by the Village of LeRoy Police Department for criminal trespass in the second degree, disorderly conduct, and harassment in the second degree after allegedly entering another apartment unlawfully, causing an annoyance and making unreasonable noise in the apartment building. He was arraigned and jailed in lieu of $1,000 cash or $2,000 insurance bond. Swede is scheduled to reappear in Le Roy Town Court on May 21.

Michael "Mickey" Robbins, 55, currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department on April 16 and charged with one count of petit larceny. It is alleged that on March 3 while on Lake Street in Le Roy, Robbins stole $420 from an acquaintance. Robbins was arraigned and returned back to the jail in lieu of $1,000 bail.

Kirk Thomas, 30, currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department on April 16 and charged with one count of petit larceny. It is alleged that on Sept. 9, 2014, while inside a business on West Main Street in Le Roy, Thomas shoplifted item(s) from the business. Thomas was arraigned and returned back to the jail in lieu of $1,000 bail.

Darren Wilson Cooper, 23, of Batavia Stafford Townline Road, is charged with promoting prison contraband. He was arrested April 1 at 10 p.m. after he allegedly introduced unspecified contraband into the Genesee County Jail while being processed for another arrest. The case was handled by Sheriff's deputy Christopher Erion.

Nicholas Paul Canzoneri, 19, of Edgewood Drive, Batavia, is charged with unlawful possession of marijuana. He was arrested for allegedly possessing marijuana after a traffic stop on West Main Street in the city on April 19. He was issued an appearance ticket and is to answer the charge in City Court on May 13. The case was handled by Sheriff's deputy Joseph Graff.

A 17-year-old male who lives on Trumbull Parkway, Batavia, was arrested April 19 for unlawful possession of marijuana. He was arrested after a traffic stop on West Main Street in the city and issued an appearance ticket for May 13 in City Court. The case was handled by Sheriff's deputy Joseph Graff.

Kerrilyn A. McDermott, 34, of Montclair Avenue, Batavia, turned herself in on an arrest warrant for violating an order of protection on April 9. She was arraigned April 17 in City Court and released under supervision of Genesee Justice. The matter was handled by Batavia police officer Peter Flanagan.

Owner of former 420 Emporium given 30 months in prison, forfeits $771K

By Howard B. Owens

The man federal authorities identified as the owner of the former 420 Emporium that was a source of synthetic drugs in Batavia will serve 30 months in prison and forfeit $771,109 dollars in seized money.

Charles Fitzgerald was sentenced in U.S. District Court on Friday.

He had previously entered a guilty plea to possession of a controlled substance with intent to distribute.

The 420 Emporium, which was located at 400 Ellicott St., was the locus of synthetic drug dealing in Batavia for a period in the summer of 2012. Bath salts and synthetic marijuana appeared to be at the root of bizarre behavior by some users and the cause of seizures and other medical conditions that landed people in the emergency room at UMMC.

In July, 2012, local and federal authorities raided the 420 Emporium as part of a nationwide operation to crack down on synthetic drug trafficking.

The home of Fitzgerald in Greece, which he shared with co-defendant Amber Snover, was also raided, where authorities seized boxes of drugs as well as a bag full of cash.

Snover has also entered a guilty plea and will be sentenced June 23 in U.S. District Court.

There may have been no crime at all in what was reported as robbery at Dollar General

By Howard B. Owens

Police officers are sorting things out and trying to determine whether a crime was actually committed earlier today in what was initially reported as a robbery at the Dollar General store on East Main Street, Batavia.

A robbery was reported at 11:20 and police received a description of a suspect and a suspect vehicle. 

Within minutes, the vehicle was stopped and three people inside were detained and questioned and subsequently released.

"The investigation is ongoing," said Sgt. Dan Coffey. "There's no question that these individuals were the ones involved in the incident, if that's what you're asking. They were definitely at the store. They were definitely involved in the incident. We're working to determine whether a crime occured."

Coffey said there were things said in the store and police are trying to determine if anything happened that constitutes a crime.

No merchandise nor money were taken from the store.

Scott Doll granted motion to obtain untested DNA evidence

By Howard B. Owens

Prosecutors have 30 days to produce and turn over evidence in the Scott F. Doll murder case that may yield DNA from the Feb. 19, 2009 crime scene, Judge Robert C. Noonan ruled in a decision released this afternoon.

Doll's attorney, Timothy P. Murphy, filed a pair of appeals related to Doll's 2010 murder conviction, which has him serving a 15-years-to-life prison sentence.

While Noonan granted the DNA appeal, he ruled against Doll on his motion that he received inadequate trial counsel.

At a hearing earlier this week, ADA William Zickl couldn't confirm for Noonan whether the evidence that might yield DNA still existed.

Noonan ruled the evidence be turned over, "subject to any disagreement as to protocol for the custody and preservation of such evidence, which will then be resolved on application to the Court."

On the representation issue, Murphy argued that attorneys Paul Cambria and Daniel Killelea failed to raise objections to Doll's transport from Pembroke to the Sheriff's Office the morning of the murder based on Fourth Amendment provisions.

Noonan ruled that the defense attorneys did adequately raise objections and that the appeals process had already upheld decisions to allow evidence gathered during that process -- statements by Doll and his clothing -- to be admitted at trial.

Doll was convicted by a jury of beating to death a former business partner and prison guard coworker, Joseph Benaquist.

The defense is seeking further DNA testing to establish whether a third person was at the murder scene, which the defense contends, if the DNA testing had been done prior to trial, could have changed the outcome of the case. The prosecution contends the evidence against Doll is so overwhelming that even if a third person's DNA is found at the scene, Doll would still be found guilty of murder by a jury.

UPDATE 3:30 p.m.: We asked Sheriff Gary Maha if the evidence still existed and was secured. His one-word answer: "yes."

Law and Order: Alexander man charged with attempted arson

By Howard B. Owens

Jayson W. Dersham, 31, of Wortendyke Road, Alexander, is charged with attempted arson, 2nd. Dersham was arrested following an investigation into an incident on Maple Street in February. He was jailed on no bail.

Nickolas R. Miller, 23, of State Street, Batavia, was arrested on a warrant related to an unspecified charge. He turned himself in, was arraigned and jailed on $5,000 bail.

Glenn Homer Quintern, 56, of Jackson Street, Batavia, is charged with exposure of a person. Quintern allegedly exposed his bare bottom at 4:38 p.m. Tuesday while on Central Avenue, in front of an adult and some children.

Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with criminal contempt, 2nd. Cole allegedly visited a person at that person's residence where the protected party resides in alleged violation of a stay away order.

Dan M. Carter, 53, of Hutchins Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and unregistered motor vehicle. Carter was stopped at 6:54 p.m. Wednesday on East Main Street for an alleged traffic infraction by Officer Nedim Catovic.

Vicky L. Devie, 57, of Bank Street, Batavia, is charged with uninspected motor vehicle and parking in city lot over the 15-minute limit. Devie turned herself in on a warrant and posted a $50 police bail.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with assault, 3rd. Zimblis is accused of stabbing another person in the arm with a kitchen fork during an argument.

Maurice A. Glasco, 36, of North Avenue, Medina, is charged with falsely reporting incident and unlawful possession of marijuana. Glasco is accused of falsely reporting an incident at 12:59 a.m. Saturday at 20 Main St., Batavia.

Colleen Frances Walker, 40, of Garfield Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and unlicensed operator. Walker was stopped at 11:47 a.m., Thursday, on Route 77, Pembroke, by Deputy Patrick Reeves. She allegedly possessed 1,200 untaxed cigarettes.

Man robs Dollar General store in Batavia, now at large

By Billie Owens

A robbery just occurred at the Dollar General store on East Main Street in the City of Batavia. A heavy-set black male demanded everything inside the cash register from a clerk and left the store. He is said to be wearing jeans and a dark jacket. City police are responding.

Feds raid vapor shop on Ellicott Street for allegedly selling fake products

By Billie Owens

An E-cigarette/vapor retail shop at 327 Ellicott St. was raided this afternoon by agents of Homeland Security who had a search warrant for counterfeit E-cigarettes. The shop is across from Hutchins Street in the City of Batavia and has no business name on the outside of the building. The feds are investigating the alleged sale of E-cigarettes made in China but marketed under a competitive brand name.

UPDATE: The business name is A Plus Vapors.

UPDATE: Here's a New York Times piece on China's booming electronic cigarette manufacturing business, including counterfeits.

UPDATE 4:34 p.m.: After initially being told by a federal authority that details would be available later, we're now told the search warrant is still under a court-ordered seal and no more information will be released. We'll continue to try and find out what we can.

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