crime

In all likelihood, Scott Doll will be released on supervised bail today (if he isn't already out of jail).  From all appearances, it looks like he and his attorney are planning a vigorous defense, as is his right.

One of the advantages of the United States is that we have a judicial system that presumes innocence and requires the government to prove its case before incarcerating an accused criminal for any length of time.

Suspects are afforded due process, the rule of law and all of the burden for proving guilt rests with the government.  It isn't up to the accused to prove his lack of complicity.  It is up to the government to win a conviction.

This is good for all of us.  It protects us from arbitrary arrest -- as often happens in less enlightened countries -- and assures us a fair chance to avoid an unjust conviction.

Our legal system isn't perfect, as no human-run institution can be perfect, but it works pretty well.

Based on some comments we've seen on The Batavian, some people are assuming Scott Doll is guilty.  The case against him doesn't look good. He was found covered in blood not far from the scene where Joseph A. Benaquist was found beaten to death. Doll and Benaquist had a prior business relationship. They once worked in the same detention facility.  The circumstantial evidence against Doll is reasonably strong.

But none of us were there. And none of us have yet seen the direct evidence that might convict Doll. 

In our legal system, it's dangerous to jump to conclusions, no matter how compelling the initial case may seem.

Unless the judge grants a change of venue, 12 honorable people from Genesee County will be called upon to judge Mr. Doll's guilt or innocence. Some of those people may be regular readers of The Batavian or aware of the case through other media. It's important that those jurors maintain an open mind, giving Mr. Doll every benefit of the doubt and requiring the government, as is its obligation, to prove its case beyond a reasonable doubt.

The legal system protects all of us. We should be sure to protect and preserve the system.  We're long past the days of vigilante justice and kangaroo courts. Let's keep it that way.

Michael Maloy, 30, of Batavia, was pulled over by Sheriff's deputies on a routine traffic stop Wednesday when a K-9 dog alerted on the vehicle, according to a Sheriff's Office report.

Further investigation revealed Maloy allegedly had heroin and hypodermic needles in his car.

He was charged with criminal possession of a controlled substance. Bail is set at $1,200.

STAFFORD, N.Y. -- A Stafford man is facing a felony assault charge after allegedly brandishing a loaded rifle during an argument early this morning.

Michael A. Nicometo, 24, was taken into custody without incident by Sheriff's deputies at 4:40 a.m.

Nicometo is being held in Genesee County Jail on $10,000 bail.

BATAVIA, N.Y. -- Scott Doll, accused of murdering Joseph A. Benaquist, could be released on bail as early as today, according to District Attorney Lawrence Friedman, pending implementation of additional release conditions of the judge and fitting Doll with a GPS tracking device.

Doll must also surrender his passport and his pistol permit. He will also be prohibited from carrying guns.

"This is a unique situation," Friedman said. "It's what I call a hybrid. (In addition to bail) the judge is imposing numerous conditions on his release."

Depending on when all of the conditions of his release are met, Friedman said, Doll could be free either today or tomorrow.

Bail was set at $100,000 cash or $200,000 bond, Friedman said, and the defendent secured a bond.

His next scheduled court appearance is May 20 for pre-trial motions.

Friedman said the investigation is ongoing and there are no new developments that he can discuss.

Asked if a motive has been uncovered, Friedman said, "The nature of our obligation is to prove elements of the case beyond a reasonable doubt. Motive is not an element of the crime, and as you know, both sides have an obligation to ensure a fair trial so motive is not something I would even discuss."

Doll is the Republican candidate for mayor in Corfu and that election is being held today.

UPDATE: The Daily News has additional information from this morning's bail hearing.

UPDATE II: WBTA has audio of an interview with Friedman posted.

UPDATE III: The national media continues to pick up on the "accused killer running for mayor" angle. Here's MSNBC's short story.

Brian Coffta, 36, of Sanford, Maine, was arrested in Batavia last night, on a charge of aggravated DWI. Coffta was allegedly observed driving in an erratic manner. Police say his BAT was .18 or higher.

Beth A. Brugger, 26, of LeRoy, is charged with aggravated DWI and leaving the scene of an accident. Brugger was allegedly spotted by another motorist driving erratically on Main Street in Batavia. A police officer subsequently observed her swerving on the road and then side-swipe a parked vehicle. Police say her BAT was .18 or higher. She was taken into custody this morning at about 1:20 a.m.

Candy R. Coleman, 53, of LeRoy, who is already serving time in the state corrections facility in Albion, pleaded guilty yesterday to one count of possession of a controlled substance and was sentenced to 90 days incarceration.

Coleman was facing other charges stemming from a December 2007 investigation.

The sentence for the guilty plea to the single charge will run concurrent to her current sentence, which stems from a conviction in Monroe County.

Detective John Condidorio, who arrested Coleman yesterday at the prison, said the other charge included alleged possession of stolen property.

In 2007, a search warrant of Coleman's Genesee Street apartment led to the discovery of alleged cocaine and paraphernalia along with items reportedly stolen from a neighbor, Condidorio said.

The investigation was delayed while Coleman went through the legal system in Monroe County on unrelated charges.

UPDATE, March 18, 10:30 a.m.:  We received this note from the State Police:

Reference the attached press release sent on 03/17/09, NYSP Clarence BCI received an anon. tip that WEBSTER WIGGINS was staying at a location in the City of Buffalo.  WIGGINS was located and arrested without incident.

BUFFALO, N.Y. -- State Police are looking for a sex offender from Buffalo who could be anywhere in the state, according to Investigator Daniel Strozyk.

Webster E. Wiggins, Jr. 33, has refused to register as a sex offender since March 2004, according the Strozyk.

"He knows he's wanted," Strozyk said. "He could be anywhere. We know he was in Buffalo last week, but we received information that he moved and we don't know where."

Wiggins last resided at 2763 Main St., Buffalo. He's been known to travel elsewhere in the state.

Wiggins is 5-8, 155 lbs and has tattoos on both arms.

State Police are requesting anyone with information on Webster E. Wiggins Jr.  contact State Police at 716-759-6831.

A Bethany teen-ager is facing charges after losing control of an ATV he was allegedly driving and getting into an accident that left a 16-year-old passenger injured.

The teen-ager, also 16, left the scene of the accident in Spring Road in Alexander, according to a Sheriff's office report.

No word on the seriousness of the injuries the passenger sustain. The driver was traveling at a high rate of speed, according to the report.

The driver has been charged with criminal possession of stolen property in the fourth degree and may face other charges.

A 16-year-old from Oakfield is charged with trespass after entering the driveway and yard of another person in Oakfield.

Sarah J. Moutrup, 29, of Oakfield, is charged with felony DWI following her arrest in Alabama. Moutrup is charged with aggravated DWI and driving with a BAT of .18 or greater.

Brian M. Glor, 36, of Oakfield, was arrested Monday for possession marijuana and obstruction of governmental administration in the second degree. Glor allegedly interfered with a DWI investigation in Alabama. Glor was arrested and during a search, the marijuana was found.

Jason R. Anderson, 27, of Elba, was arrested Saturday on a charge of petty larceny. He is accused of stealing items from the Dollar Store.

Brandt L. Arnold, Jr., 28, of Corfu, was arrested on DWI related charges Sunday morning in Darien. Arnold was stopped at 3:30 a.m. on Fargo Road. He is charged with felony DWI and driving with at BAT of .18 or higher.

Steven M. Coakley, 25, of Bergen, was arrested on DWI charges Sunday morning in Byron. Coakley is charged with a misdemeanor count of DWI and with driving with a BAT of .08 or more.

A 60-year old Darien Center man has been charged with one count of committing a criminal sexual act in the third degree as well as one count of official misconduct after an investigation into an incident at Albion Correctional Facility.

Samuel E. Williams is receiving the charge after the State Police and Department of Corrections investigated an allegation made by a female inmate in the fall of last year, stating the civilian employee made inappropriate sexual contact.

Williams is scheduled to appear in Albion court on March 24.

Joann M. Rusby, 50, of LeRoy, is in custody, accused of dealing drugs.

The LeRoy Police Department identified Rusby as a suspect after a 53-year-old woman in LeRoy was found dead in her apartment. During the investigation of her death, LeRoy police learned that Rusby may have been dealing Fentanyl, a narcotic pain reliever.

Police conducted an undercover operation, which resulted in Rusby's arrest.

Rusby is charged with criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree. 

After arraignment, Rusby is being held on $7,500 bail.

Harvey J. Lockhart, a.k.a. "Man,"  26, of Batavia, is in custody, accused of dealing crack cocaine.

Lockhart was arrested following an investigation by the Genesee County Local Drug Enforcement Task Force.

Police say Lockhart sold a quantity of crack to an undercover officer in late 2008. The Grand Jury issued a sealed indictment for his arrest. Lockhart was spotted in Batavia yesterday and taken into custody.

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.

Lockhart is being held pending arraignment.

Brian Tracy, 21, of Attica, was arrested in Corfu yesterday for allegedly taking another person's car for a joy ride.  Tracy is charged with unauthorized use of a vehicle.

It might be obvious to most, but you should probably stick to logging in to your own Internet accounts. In fact,  you can get in trouble for logging in to another person's Web site accounts and making changes. 

A Darien teenager is learning that lesson right now as 17-year old Brittany N. Barto was issued a ticket to appear in Darien Town Court on March 24 after logging into somebody else's account, where she made unspecified changes.

According to The Buffalo News, it caused the victim "a substantial inconvenience." 

Jeanine D. Fuller, 22, of Batavia, is being held on $10,000 bail after an arrest for first degree contempt. Fuller is charged with violating a "stay away" order of protection.  She was previously convicted of second degree criminal contempt.  She was taken into custody Tuesday morning at her Oak Street residence.

Toni M. White, 28, and Shuvon J. Williams, 33, both of Batavia, were taken into custody Tuesday afternoon after allegedly getting into a fight in the Wal-Mart parking lot. Both were charged with disorderly conduct and given appearance tickets.

 Scott Doll was arraigned in Genesee County Court Tuesday and entered a plea of not guilty.

Doll is the Corfu man that is charged with the murder of his friend and business parter, Joseph Benequist, on Feb. 16. 

Doll's attorneys asked judge Robert Noonan to allow him to post bail because he is a custodial parent to his 17-year old daughter, has a clean record and can afford the bail. 

"He's going to make every court appearance," Attorney Paul Cambria says in Daily News reporter Paul Mrozek's story. Doll, if released pending trial, will wear an ankle bracelet that can track his whereabouts with a global positioning system, his attorney said.

Doll is facing life in prison if convicted of the killing and Noonan has scheduled a bail application hearing for Wednesday, March 18.

Christopher L. Oliver, 27, of Rochester, was arrested in Byron Monday for possession of marijuana as well as unlicensed operation of a motor vehicle and driving with a suspended registration.

Timothy Corke, 21, of Batavia, was arrested Monday on a warrant for a previous DWI arrest.

Laura A. Olcott, 19, of Batavia was arrested for allegedly hosting an under-age drinking party Sunday at 3:46 a.m.  Olcott was charged with second degree criminal negligence and unlawful possession of alcohol. Police responded to the residence after a noise complaint.

Leanne M. Wood, 21, of Batavia, is also accused of hosting an under-age drinking party. Wood was arrested after police responded to a noise complaint. She is charged with second degree criminal nuisance and unnecessary noise.

Jeffery Cole, 43, of Batavia, was arrested Sunday after allegedly grabbing two steaks from Tops Market and fleeing the store.

Elizabeth Roman, 37, of Rochester, is facing a grand larceny charge after allegedly renting items from Rent-A-Center and then selling the items to acquaintances. She is being held without bail.

Julio C. Morales, Jr., 23, of Batavia was charged with unlawful possession of marijuana. Morales was allegedly involved in a motor vehicle accident Saturday. He reportedly left the scene, came back, and was found to have a pipe in his pocket with marijuana residue as well as marijuana.

John N. Robinson, 24, of Batavia is charged with DWI after being stopped Sunday for allegedly speeding on Route 20 in Alexander.  Robinson is accused of having a BAT of .08 or more.

Daniel J. Schepperley, 23, of Tonawanda, is charged with DWI after being stopped in Batavia for alleged erratic driving.

Kimberley A. Showler, 43, of Batavia, is accused of shoplifting at Target. She is charged with petty larceny and possession of burglar tools.

Amber N. Wallace, 19, of Batavia, was arrested for allegedly violating a standing order baring her from Wal-Mart. Wallace is charged with second degree criminal attempt. She was released on her own recognance

Dustin R. Cleveland, 23, of Byron, was arrested Thursday, for reportedly playing music too loud in his residence. He was charged with disorderly conduct. The Sheriff's office reported numerous complaints about the loud music. In report does not include the time of the incident.

Joseph Julyan, 44, of Oakfield, was arrested Thursday. He is accused of aggravated DWI with a prior conviction. He is also charged with improper use of restricted lane. He was taken into custody at 11 Jefferson St, Batavia. No other details were released.

Daniel Brusie, 33, of Medina, is accused of entering a back yard on Pratt Road in Pembroke, and stealing a riding lawn mower (described as a Poulan 21 HP 42-inch cut hydrostatic riding lawn mower).  Brusie is being held without bail and scheduled for arraignment this evening.

Christopher I. Shippers, 20, of Bergen, is accused of DWI and refusal to take a breath test. He was arrested Tuesday in connection with accident involving a train and the truck Shippers was reportedly driving.  Shippers vehicle reportedly became stuck on the track and all four occupants exited the vehicle. A train then came along, striking the truck and totalling it. Sheriff's deputies say after a subsequent investigation, they suspected Shippers fo driving while intoxicated.

Patrick Wolff, 18, of Batavia, was arrested Tuesday on suspicion of unlawful possession of marijuana. Wolff was allegedly found to have marajuna in his possession following a fire alarm investigation.

Joseph Barsuk, 50, of Batavia, is accused of trespass. According to the Sheriff's release, Wal-Mart personnel said Barsuk entered and remained on Wal-Mart property "without license due to a prior restriction from the property" on Jan. 3, 2009.

Scott F. Doll, of Corfu, indicted in the beating death of Joseph A. Benaquist two weeks ago, is scheduled for arraignment today at 2:15 p.m.

Please be sure to check back later for coverage.

The arraignment has been postponed due to judge's illness.

Jacob J. Meinhold, 18, of Alexander, was arrested Tuesday for 2nd degree menacing after allegedly pointing a rifle at a female and threatening to kill her. The reported incident occurred at his residence at 5:30 p.m. Meinhold was arraigned in Alexander Town Court and released on his own recognizance.

Three teenagers were arrested Tuesday at 7:55 p.m. for alleged shoplifting at K-Mart. Taken into custody were Brandy A. Christopher, 18, Shyla J. Travis, 18, Cynthia A. Zayas, 19. All three are from Batavia.