crime

Marcos Juan Gomez, 31, of Rochester (pictured, right), is being charged with robbery in the 1st degree after allegedly being caught shoplifting at Target, and when security personnel there tried to stop him, he reportedly pulled a knife and fled. He was subsequently apprehended in the Home Depot parking lot. He is being held in Genesee County Jail in lieu of $20,000 bail.

Michael F. Geer, 18, of Batavia, is in jail on $5,000 bail and charged with harassment in the second degree and menacing in the second degree after allegedly wielding a knife and threatening to kill his mother. He is also charged with possession of a controlled substance He was taken into custody yesterday at around 5 p.m.

Benjamin Muntz, 20, of Oakfield (pictured, left), is accused of forgery after allegedly trying to pass forged checks at a local bank. He was arrested Thursday by a Sheriff's deputy while at Batavia City Court. He allegedly possessed two forged checks while at a Batavia bank in September. He is held in custody in lieu of $5,000 bail.

A 17-year-old girl from Stafford is in custody and held on $1,000 bail after allegedly entering a residence and taking $300 worth of property. She is charged with burglary in the second degree, a felony, and petty larceny. An order of protection was also issued.

Clint L. Stafford, 27, of Basom, was charged with DWI and felony unlicensed operation of a motor vehicle early Sunday morning. He was also ticked with an improper left turn and an open container.

A 17-year-old from Bergen is being charged with possession of a controlled substance in the 7th degree. A K-9 reportedly found hydrocodone in the teenagers possession in November and a subsequent lab test confirmed the substance was hydrocodone. The teenager was issued an appearance ticket.

A 17-year-old girl involved in a motor vehicle accident in Stafford last week was allegedly found with a switch blade knife and several marijuana pipes. She is being charged with criminal possession of a weapon in the 4th degree and unlawful possession of marijuana.

BATAVIA , N.Y. -- Kirby S. Wall, 32, of Rochester, reportedly tried to run from Drug Enforcement Task Force investigators yesterday only to be found hiding along the east wall of 400 Towers. The foot chase started at a residence on Swan Street, where officers had gone in an attempt to arrest Wall for allegedly dealing in crack cocaine. Wall was allegedly found to be in possession of $1,000 worth of crack and a quantity of marijuana.

Previously, Wall reportedly made two sales of crack cocaine to undercover investigators.

Wall is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance, both felonies. He is also charged with unlawful possession of marijuana and obstructing governmental administration in the second degree, a misdemeanor.

Assisting in the investigation were the Batavia Police Department, the Genesee County Sheriff's Office, Livingston County Sheriff's K-9 Unit, and the Genesee County District Attorney's Office.

Gorgon L. Montgomery, 50, of Batavia, allegedly thought he could get something for nothing. He is accused of taking four tires that had been chained to a residential tree and marked "for sale." The tires disappeared the night of April 1 and were allegedly found in the back of Montgomery's pick up truck yesterday. He is charged with criminal possession of stolen property in the 5th degree. He was issued an appearance ticket on the charge.

Gerald P Perkins, 77, of LeRoy, was reportedly stopped for driving a vehicle without break lights. Upon further investigation, the arresting deputy reports, it was determined that Perkins was allegedly driving while impaired by alcohol. He was charged with DWI and released to a friend.

Michael C. Mirabal, 36, of Batavia, is accused of taking and using another person's car with out permission. He is charged with one count of unauthorized use of a motor vehicle, a misdemeanor. He was issued an appearance ticket.

Cattle rustlers like to go after calves, according to Sheriff's Department Investigator Timothy J. Weis.  Weis said the younger animals are easier to move -- they can fit in the back seat of a car -- and easier to sell because they don't often yet have any permanent identification.

"It's easy to cut a calve's identification from its ear," Weis said. "You can use scissors or metal snips. You then have a hole in the ear, but it's difficult to identify the cattle afterwards."

That ease of movement and lack of identification may have been what Charles M. Fuller, 20, of Gainsville, and William C. Raymond, 26, of Castile were counting on when they allegedly calf-napped three young Holsteins from Noblehurst Farms, York Road, Pavilion, on March 23.

What the alleged theives weren't counting on was an anonymous tip that led investigators to suspect Fuller and Raymond.

Without the tip, there may never have been an arrest in the case. Even though the Sheriff's Department notified the livestock auction houses in the region, the thieves were apparently able to successfully sell the calves at the Maplehurst Livestock Market in Hinsdale.

"They (Maplehurst) didn't catch it (that the calves were stolen) and they processed the sale as normal," Weis said.

Rather than try to recover the calves, which would involve tracking them through other possible sales channels and possibly as far as California, the owners of Noblehurst have elected to seek restitution from the defendants upon conviction, Weis said.

The owners are also concerned that "now that the calves have mixed with other cattle, they could bring back disease and infect their other cattle," Weis said.

Often times, Weis said, investigators need not rely on anonymous tips. Because auction houses are notified when calves are stolen, they might spot unusual activity and let law enforcement officials know.

"When they see some individual who doesn't seem to be a farmer (trying to sell cattle), that's a clue," Weis said.

Even so, Weis said that livestock auctions are hectic environments and not conducive to every seller getting close scrutiny.

"You would be surprised at how easy it is to go unnoticed," Weis said.

That's why the anonymous tip in this case may prove crucial in getting a conviction and lead to restitution for Noblehurst.

Mug shots above: Fuller upper left; Raymond, lower right.

Eric Bastian, 25, of Macedon, was arrested in Bergen Monday and charged with unlawful possession of marijuana. Bastian was reportedly driving on Route 262 when a Sheriff's Deputy stopped him for allegedly driving with improperly tinted windows and a partially obscured license plate. When the deputy approached the vehicle, he said he could smell marijuana coming from the vehicle. Upon questioning, Bastian stated it was marijuana, according to the deputy's report. A field test also confirmed that the substance found in the car was marijuana. Bastian was issued a ticket and ordered to appear in court on April 8.

Jason Smith, 30, of Ontario, was arrested for alleged unlawful possession of marijuana following a traffic stop near Oak and Main streets in Batavia. Smith was allegedly speeding. When a Sheriff's deputy approached the vehicle, the deputy could reportedly smell the smoke and then observed smoke in the car. A field test of the substance in the car reportedly confirmed it was marijuana. Smith was issued an appearance ticket for April 8 in the City of Batavia.

James P. Cox, 46, of Pembroke, was arrested for alleged DWI after a witness allegedly observed him hit another vehicle in Erie County. The witness helped Erie and Genesee County Sheriff's deputies track and find Cox. Cox was stopped on Route 5 in Pembroke. He is charged with aggravated DWI and driving with a BAC of .08 or greater. He received additional moving violation tickets. Cox must now appear in courts in both Pembroke and Newstead.

James P. Coles, 30, of Darian, was arrested by Batavia Police yesterday for allegedly violating an order of protection the day before. Coles is accused of sending text messages to, and then showing up at the residence of the protected person. He is being held in lieu of $1,000 bail.

A 17-year-old from Bergen was picked up by Sheriff's Deputies yesterday and charged with unlawful possession of marijuana. The teen was allegedly found in possession of marijuana in the Village of Bergen municipal parking lot.

Two Rochester residents and a Batavia man are in custody after an investigation last night by Drug Enforcement Task Force members into the sale of crack cocaine in Batavia.

Arrested where Mark H. Gissendanner, 24, or Rochester, Aileen Nieves, 21, of Rochester and Shawn M.Walburn, 35, of Batavia.

Gissendanner was arrested in the parking lot of 21 Liberty Street, while Nieves and Walburn were picked up in the parking lot of Van Detta Stadium on Union Street.

All three suspects were arraigned in Batavia City Court and are being held without bail.

Gissendanner reportedly sold a quantity of crack cocaine to task force members on two occasions and then was allegedly in possession of more of the drug when he was arrested. He is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance  in the third degree.

Nieves reportedly sold crack cocaine to an undercover office while in Batavia and was allegedly in possession of more crack when she was picked up. She is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance  in the third degree.

Walburn was allegedly in possession of crack when his vehicle was stopped by task force members in Batavia. He is charged with criminal possession of a controled substance in the forth degree.

Participating in the investigation were members of the Genesee County Sheriff's Department, the Batavia Police Department and the LeRoy Police Department.

Pictured above in order are Gissendanner, Nieves and Walburn.

Kevin L. Madden, 24, of Albion, was charged with DWI and issued traffic tickets for unsafe speed and moving from lane unsafely, following a rollover accident on Transit Road, off Route 63 in Bethany  (reported on The Batavian yesterday), Madden was transported to UMMC, treated for minor injuries, and released to State Police. He is scheduled to answer the charges in Bethany Town Court on April 7 at 7 p.m.

Rory Howe, 21, of Attica, is charged with petty larceny. Howe is accused of shoplifting at the Wal-Mart in Batavia. According to a Sheriff's Office report, loss prevention officers at Wal-Mart apprehended Howe Monday with $55.25 worth of merchandise on her person as he exited the store.

Steve Moore, 47, of Oakfield, reportedly led law enforcement officers on a low-speed ATV chase Saturday.

The chase started in Murray and Moore was eventually apprehended in Barre, News 10 reports.

At one point Moore got off his ATV and approached a police sergeant. The sergeant tasered him, but it had no effect and Moore got back on his ATV and drove off.

He also allegedly struck a police vehicle.

Moore was charged with DWI.

Michael J. McCauley, 19, of North Chili, is charged with one count of unlawfully dealing with a child and one count of sexual misconduct. The investigation began in November 2008 when the mother of a Village youth came home to find McCauley allegedly in the house with her underage daughter. The daughter was allegedly served alcohol.  It was later alleged that McCauley and the daughter had been involved in a sexual relationship over the previous year. McCauley was arraigned and released on an order of protection.

Kyle W. Nash, 21, of LeRoy, was arrested early Monday morning for allegedly supplying a minor with alcohol. Nash was reportedly observed with an 18-year-old on Lincoln Avenue. Nash was found to be so intoxicated that police had him transported via ambulance to a hospital. Police believe Nash purchased and supplied his 18-year-old companion with alcohol. He is charged with unlawfully dealing with a child.

Sheldon Wetmore, 19, of Wyoming, was arrested in Alexander on Sunday afternoon for alleged unlawful possession of marijuana. The reported marijuana was found after Wetmore was stopped for an alleged unsafe lane change.

Jerrod J. Cramer, 31, of Alabama, was charged with a DWI Saturday afternoon after being stopped for an alleged traffic violation. Sheriff's Deputies report an open contain was found in Cramer's vehicle. He is charged with a DWI with a BAC of more than .08 percent. He was also cited for hauling an unlicensed, uninspected trailer.

Rodney McKenzie, 44, of Alden, was charged with criminal contempt for allegedly violating an order of protection out of the Town of Alabama court. McKenzie allegedly placed several harassing phone calls to an individual he was ordered not to contact.

Amanda L. King, 27, of LeRoy, was arrested Friday by LeRoy police officers on a charge of harassment in the second degree, and one count of endangering the welfare of a child. King allegedly bit a 12-year-old child during a domestic incident, leaving a bruise. King was arraigned and released on an order of protection.

Jeffery L. Bowker, 44, of Bergen, is charged with DWI out of the Village of LeRoy, after Det. John Condidorio reportedly observed Bowker make a wide right turn at routes 5 and 19, almost striking another vehicle. The subsequent investigation found that Bowker reportedly had a BAC of .18 or higher.

Dale R. Williams, 25, of LeRoy, was arrested in Bergen Saturday morning for an alleged DWI. Wiliams is reported to have had a BAC of .08 or greater. He is also charged with unlicensed operation of a vehicle.

Roland J. Reed, 37, of Batavia, was arrested Thursday for allegedly sending written letters to a person he was ordered not to contact by the Genesee County Family Court. Reed allegedly wrote the letters while in jail on a similar charge. The order was issued in January 2008. Reed is charged with 22 counts of criminal contempt in the second degree. He is being held on $1,500 bail.

Antoinette G. Fears, 18, of Holley, and Emilea G.Waters, 20, of Albion were arrested Thursday for allegedly possessing stolen property from K-Mart, Michael's Crafts and JoAnn Fabrics. The arrests came after the items were found during an investigation of an unrelated larceny dating back to March 5. Both women were charged with three counts of criminal possession of stolen property.

Cheryl J. Weber, 54, of Bergen, has been charged with identity theft, forgery and falsifying business records, all felonies. Weber is accused of using personal information of another person to secure credit cards and store credit over a five-year period. She allegedly forged the other person's signature on credit applications. Assisting in the investigation were the Experian credit reporting fraud/theft department and the Visa/Bank of America fraud department in Arizona. Weber was arraigned and released under supervision of Genesee Justice.

Three students living at College Village on Batavia Stafford Townline Road in Batavia have been charged with unlawful possession of marijuana. According to a Sheriff's off ice report, deputies were at the housing complex on an unrelated matter when the investigation led to a dorm room. When security officers knocked on the door, "several subject fled the room by exiting our a rear window."  The three young men are suspected of smoking marijuana in the dorm room.  Charged where Patrick K. Wolff, 18; Anthony C. Timberlake, 20; and, Cody P. Mayer, 18.

Joy J. Bartel, 23, of Corfu, was arrested Tuesday for alleged shoplifting. She is accused of stealing $74.80 in items from K-mart. She is charged with petty larceny.

Wooden cargo pallets were stolen Tuesday from the rear of Country Max garden and pet supply store on Main Street in Batavia.

And it's not the first time, either. But this time the folks at Country Max say they caught the pilferers on film.

“We think we know who it is,” said the store worker. “Now we're waiting to catch them if they try it again.”

The pallets pile up as retail shipments are off loaded. They come free with the merchandise, but they're still the retailer's property and not up for grabs.

Unlike previous stockpiles, the one stolen this week was to be sold. In this economy, every little bit of legal tender helps.

The Genesee County Sheriff's Office is investigating the theft of three Holstein calves from the Noble-Hurst Farm in Pavilion, according to a statement issued this morning. The theft occurred between 8 a.m. Sunday morning and 9 p.m. Monday night. The investigation is being led by Deputy J.L. Baiocco.

Randall W. McKeown, 46, of Batavia, is charged with criminal contempt in the first degree and harassment in the second degree. McKeown allegedly sent repeated text messages to a person he was ordered by the court not to contact. He is being held without bail.

Joshua Gebhard, 21, of Churchville, is charged with unlawful possession of marijuana. Gebhard was found to allegedly possess the marijuana after Sheriff's deputies responded to a loud noise complaint in Stafford.

Michael Smoke, 20, of Basom, is alleged to have had inappropriate contact with a 12-year-old child in Alabama. Basom is charged with acting in a manner injurious to a child under 17-years-old.

Joseph C. Hufford, 42, of Middleport, was arrested in Byron Monday for alleged DWI. Hufford was allegedly involved in a single-car accident. Upon investigation, Sheriff's deputies concluded he appeared to be operating a motor vehicle while intoxicated. He was charged with DWI and driving with a BAT of .08 or more. He was released on an appearance ticket.

Gina M. Kalish, 41, or Rochester, was stopped by a Border Patrol agent while driving on I-490 through Bergen Monday night after the agent reportedly observed her vehicle moving erratically on the freeway.  Upon further investigation by a Sheriff's deputy, the deputy arrested Kalish for allegedly operating a motor vehicle while under the influence of drugs.

Laurie J. Lerkins, 32, of LeRoy, was arrested Monday for allegedly biting a child on the arm and throwing items at him. Lerkins is charged with harassment in the second degree and endangering the welfare of a child. Det. John Gondidorio said the charges stemmed from a January investigation after the 10-year-old child, a relation of Lerkins, developed bruises above his arm and on his head. Det. Gondidorio said, "During the investigation it was alleged that Lerkins, during the course of a disturbance with the child, bit the child on the arm causing a bruised bite mark and also threw items at him striking him in the head, bruising his head."  Lerkins was arraigned in LeRoy Town Court and released on her own recognizance.

Andrew J. Ashley, 22, of Le Roy, was arrested in connection with an alleged altercation on March 15 in which Ashley reported punched another person in the face. The victim suffered a broken nose and a cut cornea. Ashley is charged with assault in the third degree.

Neil H. Farley III, 18, of Elba and his 17-year-old brother were arrested at their Ridge Road home Friday evening for allegedly throwing an under-age drinking party. The 17-year-old was allegedly found in possession of marijuana and several marijuana pipes were reportedly found in his room. Both are charged with unlawfully dealing with children in the first degree.

Kevin E. Moscicki, 21, of Oakfield, was arrested Saturday morning in Batavia and charged with DWI. The Sheriff's office reports that Moscicki's vehicle was observed making an unsafe lane change and an improper right turn, which led to a traffic stop.  Further investigation revealed Moscicki was allegedly operating the vehicle while intoxicated. He was charged with driving with at BAT .08 or more.

Gregory L. Brennan, 40, of Batavia was charged with DWI following a traffic stop on Slusser Road in Pembroke. He is accused of driving with a BAT .08 or greater and operating a motor vehicle without a license. Brennan was arrested early Sunday morning.

Robbie J. Stanton, 31, of Batavia, is charged with a felony DWI and operating a vehicle with a revoked license following a traffic stop in Pembroke Saturday morning.

Joseph M. Menas, 30, of Elba, was arrested and charged with DWI Thursday night after the Sheriff's office received a report of a car of the road on Route 98. When deputies arrived, the driver was not with the vehicle. Menas was subsequently found at a nearby residence. He is charged with DWI and aggravated DWI.

Batavia Police are looking for a hero who broke up an attempted robbery by two young thugs on Ellicott Street near Jackson on March 5 at about 1:30 p.m.

The victim was a 90-year-old woman.

She was accosted by two young men in their late teens, but an unknown passerby chased the suspects away.

Police want to talk to the hero as well as any other witnesses.

The BPD's press release does not indicate whether investigators have yet identified the suspects.

The hero or other witnesses are asked to call Det. Kevin Czora at 585-345-6311 or the BPD at 585-345-6350.

State officials announced in Albany yesterday the arrest of 23 people -- including an unidentified Genesee County man -- for allegedly dealing illegally in New York native species.

The group of people were allegedly capturing and selling native rattlesnakes, salamanders and turtles.

"We were addressing what was becoming a mammoth industry in New York, and that was the illegal trade in New York reptiles," said Thomas, a law enforcement lieutenant at DEC's regional headquarters in Avon, Livingston County.

Thomas said that reptiles and amphibians should be valued and protected as bedrock species in their ecosystems that consume insects and small mammals perceived as pests, and in turn being consumed by larger animals.

UPDATE: The D&C's version of the story includes this information:

Among those charged with misdemeanor counts were Kenneth R. Howard Jr., 53, of Oakfield, Genesee County, and Michael J. Loveless, 58, of Machias, Cattaraugus County. Both men are accused of illegally trapping snapping turtles and selling them in Maryland for meat.

Emmanuel Williams, 33, of Batavia was arrested Thursday night for allegedly having "physical contact with a child less than 17 years old," according to the police report. He is charged with endangering the welfare of a child. Williams is being held on $7,500 bail.