crime

Joseph Dwayne Powell, 49, of Telephone Road, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, promoting prison contraband, 2nd, unlawful possession of marijuana and insufficient tail lamp. Powell was stopped at 9:10 p.m. Sept. 16 on Black Street Road, Pavilion, by Deputy Ryan DeLong. Powell was transported to the Genesee County Jail for processing and was allegedly found in possession of marijuana inside the jail.

Kevin Michael Horn, 49, of Conway Road, Bethany, is charged with trespassing. Horn allegedly walked onto posted property on Molasses Hill Road, Bethany.

A local landlord appeared in County Court today to enter a not guilty plea to a four-count indictment that accuses him of falsifying records and stealing Section 8 rent money from the state.

The charges stem from a dispute, said his attorney Fred Rarick outside of court, between James Pontillo and officials in Genesee County (see statement at bottom of the story for clarification) over the proceeds from the estate of Jeanne Veronica Pontillo, the 25-year-old sister of James Pontillo who died in 2012 from a rare form of cancer.

“There’s a lot more to this than him going out and saying 'I’m going to rip off my estate,' " Rarick said.

Jeanne Pontillo was not an official business partner with James Pontillo, but she helped him with his real estate investment business, Rarick said.

“If you just look at the history of James and his sister, they worked together very well for many, many years," Rarick said. "I’ve known Jeanne and James and I saw the way they worked together. She did the office and James bought the properties and refurbished them. They had an incredible relationship.”

James Pontillo is Jeanne's sole heir. Her estate included her personal residence.

After her death, James continued to manage that property, even renting it out with, according to Rarick, the blessings of the County Treasurer's Office (see statement at bottom of the story for clarification)​.

Everything was above board, Rarick said.

James Pontillo even paid all of the taxes on his sister's property. He also paid all of the funeral expenses instead of waiting for the estate to do it, Rarick said.

“Because," Rarick said, "ultimately he said, ‘it’s all coming to me anyway.’ ”

There are other allegations related to the handling of the estate by the County, but documentation was not immediately available.

Most arraignments are uneventful but two issues came up during Pontillo's arraignment today: A dispute over whether Pontillo had previously violated his release under supervision contract and a really unusual dispute over an order of protection.

There was a prior allegation that Pontillo left the county without properly notifying Genesee Justice. He apparently went to Monroe County to deal with property he owns there. According to Rarick, the issue was amicably resolved because there was some question as to whether the proper message got to the proper person at Genesee Justice, but Pontillo had called Genesee Justice about his plans.

As for the order of protection, typically, a temporary order of protection is issued to a defendant barring contact or harassment by the defendant of the crime victim, persons making an allegation or key witnesses. 

District Attorney Lawrence Friedman tried to make just that point to Interim Judge Micheal Pietruszka today when a disagreement arose over an order barring Pontillo's contact with County Treasurer Scott German.

Pietruska asked Friedman if he anticipated any trouble and Friedman said he doesn't typically ask for orders of protection because he anticipates trouble, but because he wants to ensure there isn't a problem.

The request for an order left the territory of ordinary when Rarick noted that because of the ongoing estate case, Pontillo might have contact with German. Friedman said he wasn't aware of any example of anybody being arrested because they had contact with a person during normal court proceedings.

Pietruszka amended the order to ensure it didn't cover legal proceedings and Friedman expressed concern that the language was too vague.

At that point, Pietruszka plopped a big book of statutes on his desk and started thumbing through it and then read a passage covering the need to show cause for an order of protection. He then pressed Friedman to show cause.

Friedman said he didn't come prepared to argue that point because of the routine nature of an order of protection, so he didn't have the specifics in front of him, but there had been, he said, communication between Pontillo and German that would be of a concern.

Rarick then objected to the order, noting that the DA had failed to show cause. Pietruszka asked for the signed copy of the order back, said he was vacating it and ripped it up.

Pontillo was released under supervision of Genesee Justice.  

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

Photo: File photo of James Pontillo at his property in Stafford.

UPDATE: 4:50 p.m.: We emailed Scott German to give him a chance to respond. Here is his statement:

I will not comment on pending litigation. This litigation has nothing to do with the county, other county officials, or county attorney’s. The only reason I am involved is because I am the county treasurer and according to NYS law, when surrogates court determines there is no one qualified to serve as administrator of an estate, the surrogate names the county treasurer; I don’t get a choice. Apparently, at the time, the court determined no one was qualified to serve and I was appointed.

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

The convicted sexual predator facing new sex crime charges now also stands accused of lashing out while at the Genesee County Jail and injuring another person and causing damage to county property.

Marlek E. Holmes was arraigned in County Court this morning on three sealed indictments.

The first indictment contained counts of assault in the second degree, a Class D violent felony, and criminal mischief in the third degree.

Holmes allegedly attacked another person while at the jail on Oct. 30 and also damaged a holding cell that day.

The other two indictments contain a total of 29 counts of criminal contempt for allegedly violating a restraining order by contacting another person.

Holmes, who is being held without bail, was escorted into the courtroom by a Sheriff's deputy.

Already a Level 3 sex offender, Holmes was arrested in late October on charges of two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

The Buffalo attorney who has been by the side of Jacquetta Simmons throughout most of the Batavia woman's court appearances since 2012 has apparently had enough.

After Simmons failed to appear in City Court yesterday to be sentenced on a harassment conviction, Ann Nichols asked to be taken off the case.

The judge told her to submit her request in writing.

Simmons made international news on Christmas Eve 2011 when she delivered a "roundhouse punch" to the face of an older cashier at Walmart.

The case eventually went to trial, Simmons was convicted and given a lengthy prison term by Judge Robert C. Noonan. That sentence was overturned by a higher court and Simmons was sent to jail for a year.

The harassment charge stems from an altercation with a woman at an event at a local nonprofit's meeting room.

A warrant had to be issued for Simmons arrest after that case. She was eventually located and arrested.

With her failure to appear yesterday, Simmons is again on the wanted list.

Via our news partner WBTA.

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Jordan Paul Fleming, 28, of East Bethany Le Roy Road, Bethany, is charged with third-degree sexual abuse. Fleming is accused of subjecting another person to sexual contact without that person's consent.

Fawn Lynn Marie Kaczmarek, 28, of Liberty Street, Batavia, is charged with criminal possession of a hypodermic instrument. Kaczmarek was allegedly found in possession of a needle during an investigation by Deputy Matthew Clor.

Kayleigh Jean Allen, 24, of North Byron Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater and moving from lane unsafely. Allen was charged following an investigation into an accident reported at 2:36 a.m. Saturday on Route 98 in Alexander. The accident was investigated by Sgt. Jason Saile.

Maria Luisa Martinez, 21, of Chestnut Street, Batavia, is charged with petit larceny. Martinez is accused of stealing $70.18 in merchandise from Kohl's.

David C. Truesdale, 26, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Truesdale was arrested by members of the Local Drug Task Force after being called by NYS Parole to assist in an investigation. Truesdale was allegedly found in possession of marijuana and crack cocaine. Truesdale was jailed on an alleged parole violation. He was issued an appearance ticket on the drug charges. Additional charges possible pending a lab report. Deputy Chris Erion and K-9 "Destro" assisted in the investigation.

Shane Zimblis, 45, of Pearl Street, Batavia, is accused of criminal mischief, 3rd. Zimblis is accused of spray painting the headlights and grill of a pickup truck at 1:47 a.m. Tuesday at a location on Pearl Street, without the owner's permission. He was ordered held without bail.

James D. Pontillo is indicted on four counts of falsifying business records, 1st, and one count of grand larceny, 4th. Pontillo is accused of filing false business records with Pathstone related to Section 8 housing by filing a false information sheet, a request for tenancy approval, owner responsibility form and lead paint disclosure form. In the course of these filings, he's accused of defrauding the agency of more than $1,000.

Michael J. Jarmuz II, is indicted on a count of driving while impaired by drugs or alcohol, aggravated unlicensed operation, criminal impersonation, 2nd, four counts of forgery, 2nd, forgery, 3rd, and two counts of offering a false instrument for filing. Jamuz is accused of driving while under the influence in the Town of Elba on Aug. 13. He was allegedly driving while his privilege was suspended. He allegedly provided a false identity when stopped and provided a false identity when submitting to a blood sample, a fingerprint record and a patient record at UMMC.

Jerard L. Wilson, 18, of Roycroft Drive, Rochester, is charged with unlawful possession of marijuana. Wilson was charged following a complaint of excessive marijuana smoke coming from a vehicle in the parking lot of 337 Bank St., Batavia.

A 17-year-old resident of Shanley Street, Cheektowaga, is charged with unlawful possession of marijuana, inadequate exhaust, uninspected motor vehicle and unlicensed operator. The youth was stopped at 1:43 a.m. Saturday on Route 77, Darien, by Deputy Eric Meyer. Also charged with unlawful possession of marijuana was Megan Lynn Murby, 18, of Aurora Street, Lancaster.

Shawn P. Burns, 38, of Oak Orchard Street, Albion, is charged with DWI and driving with a BAC of .18 or greater. Burns was charged after police responded to a disturbance complaint at 12:17 a.m., Nov. 10 at 301 North St. Burns is accused of having driven to that location while intoxicated. The incident was investigated by Officer Nicole Salamone.

Reginald C. Sampson, 50, of Ellicott Street, Batavia, is charged with grand larceny, 4th. Sampson allegedly stole a purse containing credit cards.

Brian J. Miller, 35, of Ellicott Street Road, Bethany, is charged with assault, 3rd, unlawful imprisonment and criminal obstruction of breathing. Miller was arrested following an investigation into an incident reported at 1 a.m. Saturday on Edward Street, Batavia.

Jordan R. Bradley, 23, of Colby Road, Corfu, is charged with petit larceny. Jordan is accused of shoplifting from Tops. Bradley was held on an alleged parole violation.

Bernard Thomas, 57, of Whitney Avenue, Pittsburgh, is charged with sex offender failure to report an address change. Thomas, a Level One sex offender, reportedly moved to Pittsburgh without notifying officials of his address change within 10 days. After speaking with investigators, he returned to Batavia and was charged. He was released under supervision of Genesee Justice.

Brandon D. Delelys, 18, of Hartshorn Road, Corfu, is charged with burglary, 2nd, conspiracy, 4th, and petit larceny. Delelys is accused of committing a burglary on Hutchins Street in August. He was released under supervision of Genesee Justice. Also charged was Michael E. Welchman, 21, of West Main Street, Batavia.

Patricia A. Sand, 59, of East Main Street, Batavia, is charged with grand larceny, 4th, and conspiracy, 5th. Also charged, Michael R. Ostrander. Sand and Ostrander are accused of stealing a wallet while at Aldi's. Sand was issued an appearance ticket. Ostrander was jailed without bail.

Cheryl M. Lyons, 51, of Tracy Avenue, Batavia, is charged with menacing, 1st, criminal possession of a weapon, 3rd, and criminal contempt, 1st.

Fawn Lynn Marie Kaczmarek, 28, of Thorpe Street, Batavia, is charged with petit larceny. Kaczmarek allegedly stole the tip cup of a waitress at Batavia Downs.

Williams T. Gibbs, 61, of West Main Street, Corfu, was arrested on a a warrant for alleged failure to appear. Gibbs allegedly failed to appear in City Court on traffic tickets. 

Kenneth W. Cook III, of Galloway Road, Batavia, is charged with criminal contempt, 1st. Cook allegedly violated an order of protection.

Jacklyn M. Ganzhorn, 29, of Central Avenue, Batavia, is charged with failure to appear. Ganzhorn was located by a Sheriff's deputy and transported to Batavia PD. He was jailed on $1,000 bail or $2,000 bond.

A person has reportedly been stabbed at 4 Tracy Ave. City police and Mercy medics are responding.

UPDATE 4:45 p.m., Sunday (by Howard): We requested an update from Batavia PD. No new information. Still under investigation.

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.

This Thanksgiving weekend, millions will hit the roads eager to spend time with family and friends. It’s one of the busiest travel times of the year, and unfortunately more people on the roadways means the potential for more vehicle crashes. During the Thanksgiving holiday weekend in 2014, 341 passenger vehicle occupants were killed in traffic crashes across the nation. In a combined effort to stop impaired driving, prevent injuries and save lives, law enforcement officers across New York State will take to the roads. The statewide STOP-DWI Crackdown efforts start on Nov. 23^rd and will end on Nov. 27^th. 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 impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. Batavia Police Chief Shawn Heubusch states, “Thanksgiving is a time to spend with loved ones, make sure that you drink responsibly and have a plan so that all families can be together this holiday weekend.”

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target 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 Thanksgiving Weekend!

     Robert Kingsbury

Robert C. Kingsbury, 39, of East Main Road, Le Roy, is charged with two counts of criminal sale of a controlled substance, 3rd, and one count of criminal possession of a controlled substance, 3rd. Kingsbury is accused of selling a quantity of oxycodone to an agent of the Local Drug Task Force. He was arrested Thursday by members of the task force with assistance from Le Roy PD. He was arraigned and ordered held without bail.

Jonathan E. Seiger, 55, and Scott H. Spencer, 52, both of West Main Road, Stafford, are charged with one count each of grand larceny, 4th, and identity theft, 2nd. Seiger and Spencer are accused of unlawfully possessing and using a debit card of a friend. The men were also charged with 11 counts of criminal possession of stolen property, 4th, and conspiracy, 5th. Between Aug. 5 and 15, the duo allegedly used the debit card at an ATM machine, along with the friend's PIN identification, to withdraw $1,660. They were jailed on $2,500 each.     

Cassandra Marie Neal, 32, of Lapp Road, Fillmore, is charged with first-degree perjury and filing a false instrument, 1st. Neal was called upon to testify before a grand jury about an alleged domestic incident in Genesee County Park in 2015. Neal allegedly lied about the incident during her testimony. She also allegedly filed a false instrument with the Sheriff's Office. She was arraigned in City Court and released under supervision of Genesee Justice.

Gregory Joseph Rodak, 32, of Winterroth Street, Rochester, is charged with felony DWI and felony driving with a BAC of .08 or greater and driving left of pavement markings. Rodak was reportedly involved in a two-car accident at 8:11 p.m. Thursday on Townline Road, Bergen. Deputy Kevin Forsyth reports he detected the odor of alcohol and that Rodak admitted to drinking earlier. Rodak submitted to a field sobriety test. He has a prior conviction for DWI within the past 10 years, leading to the felony charges.

Frederich Welch, 57, and Doncella Loyd, 53, both of Rochester, are charged with criminal possession of stolen property, 5th. Welch and Loyd are accused of making several trips in and out of Kohl's, taking merchandise worth $719.91. Troopers stopped the vehicle in the Batavia Towne Center parking lot. Welch was jailed on $2,500 bail and Loyd was released under supervision of Genesee Justice.

Jonathan Dylan Jacob, 23, of Meadville Road, Alabama, is charged with unlawful possession of marijuana. Jacob was arrested following a report of an incident in the Town of Alabama. During law enforcement contact, he was allegedly found in possession of marijuana.

James Rosie Thomas, 20, of 367 West St., Lake George, is charged with resisting arrest, escape and he was arrested on a warrant out of Elba. Thomas allegedly ran and resisted arrest when Deputy John Dehm attempted to take him into custody on a warrant at a location on South Main Street, Oakfield.

Tracy L. Miller, 32, of South Lake Road, Pembroke, is charged with grand larceny, 4th. Miller is accused of stealing a purse, which contained several debit and credit cards. 

Nicholas Price, 29, of Batavia, is charged with driving while ability impaired by drugs. Price was stopped by a trooper after a report of an erratic driver, including a witness reporting seeing the vehicle hit a mailbox and continue down the road. Price was stopped and administered a field sobriety test before being arrested. He was also charged with leaving the scene of a property damage accident and criminal possession of a controlled substance, 7th.

Daniel Hinca, 21, of Alexander, is charged with driving while ability impaired by drugs and speeding. Hinca was stopped by State Police in Byron. A trooper administered a field sobriety test prior to his arrest. 

Joshua Taro, 38, of Auburn, is charged with petit larceny. Taro is accused of shoplifting from a store in Pembroke. He was jailed on $500 bail.

Brandi Heidenreich, 26, of Oakfield, is charged with petit larceny. Heidenreich was arrested by State Police for allegedly stealing items from Walmart worth $45.18.

A Batavia man accused of threatening a police officer was supposed to be sentenced yesterday following his guilty plea last month, but when he appeared to before Interim Judge Micheal Pietruszka he confessed he really wasn't happy with his attorney or his plea deal.

He accused his attorney of withholding evidence from him prior to his plea, but as the discussion with Pietruszka went further, the main complaint of Bill Thomas was that Thomas heard his brother had told his attorney that he should take his case to trial.

There wasn't really new evidence, but Pietruszka went ahead and granted the 56-year-old Thomas a 10-day adjournment to find a new attorney.

Thomas was reportedly involved in a domestic dispute in March that resulted in several police officers and the emergency response team coming to his house on State Street where Thomas allegedly threatened a police officer with a knife. He was taken into custody without violence. 

Our news partner WBTA contributed to this report.

Daniel James Skivington, 39, of Reed Road, Bergen, is charged with two counts of criminal possession of a weapon, 4th. Skivington was contacted during an investigation into an alleged conservation violation. While at his residence, Skivington was found in possession of two rifles. Skivington has a prior criminal conviction. He was jailed on $1,000 bail. The Department of Environmental Conservation violation was investigated by DEC Officer Gary Wilson. Skivington was arrested by Deputy Ryan DeLong.

Edwin L. Stancliff, 37, of Indian Falls Road, Pembroke, is charged with criminal obstruction of breathing and harassment, 2nd. Stancliff was arrested following an investigation into an alleged domestic incident reported at 2:30 a.m., Sunday. He was jailed on $250 bail.

Andrew Enrique Montanez-Moran, 28, of High Street, Lockport, is charged with stalking, 4th. Montanez-Moran is accused of stalking a former girlfriend.

Devon Paul Leach, 22, of Main Street, Batavia, of unlawful possession of marijuana and passing a red light. Leach was stopped at 12:01 a.m. Sunday on South Lyon Street by Deputy Chris Parker. He was allegedly found in possession of a bag of marijuana in his pants' pocket.

David Allen Kemp, 38, of Creek Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, no stopping/standing on a highway. Kemp was arrested following an investigation into a menacing complaint in the Village of Oakfield at 7:49 p.m., Sept. 24, by Deputy Robert Henning.

Richard Dean McKague Jr., 28, of West Main Street, Batavia, is charged with harassment, 2nd. McKague allegedly threw a coffee cup at another person during an argument.

  Scott Lamanga   Jonathan Lamanga

Two brothers from Monroe County already facing felony charges from alleged attacks in Byron and Bergen last month are facing new charges after further investigation. 

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, have been charged with coercion in the first degree.

The Lamagnas allegedly attacked a person in the parking lot of Playmates in Byron at 1:42 a.m. on Oct. 9 and then drove to the 7-Eleven in Bergen and got into an altercation with a man and a women inside the store. When one of the victims, who had reportedly already been injured, said he was going to call the police, the victim was allegedly punched in the face.

The victim of the Playmates incident reportedly suffered serious injuries.

Following their initial arrests on Oct. 11 and Oct. 12, both brothers were jailed on $25,000 bail apiece.

They were initially charged with second-degree assault.

Micheal S. Lytle, 27, and Sarah P. Lytle, 33, both of Tracy Avenue, Batavia, are charged with charged with criminal possession of stolen property, 4th. The couple is accused of using a stolen debit card to make several purchases totaling $790 on Oct. 11 and then making another $74 in purchases on Oct. 12.

Jordan Deskins, 19, of County House Road, Albion, is charged with petit larceny. Deskins is accused of shoplifting from Kmart.

Ajia Rae Hasenauer, 23, of Main Street, Batavia, is charged with petit larceny and falsifying business records, 1st. Hasenauer is accused of taking cash from a friend to register that friend at a hotel, then not registering that friend's name and placing the cash in the till.

Alexander Edwin Dills, 26, of Ellicott Street Road, Pavilion, is charged with criminal possession of marijuana, no front plate and uninspected motor vehicle. Dills was stopped at 11:41 a.m. Wednesday on Route 77, Corfu, by Deputy Chris Parker. During the traffic stop, Dills was allegedly found to possess two smoking pipes with marijuana, a marijuana grinder, a marijuana cigar and paper containing approximately four ounces of marijuana.

Kari W. Adams II, 32, of Covington Road, Leicester, is charged with unlawful possession of marijuana and speeding. Adams was stopped at 5:12 a.m. Wednesday on Route 63, Pavilion, by Deputy Jeremy McClellan.

Leonard E. Aguayo, 29, of Affinity Lane, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, and speeding. Aguayo was stopped at 3 p.m. Tuesday on Route 33, Byron, by Deputy Kevin Forsyth. Upon investigation, Aguayo was allegedly found to have 12 failures to appear on traffic citations from seven different dates. Based on the alleged detection of the odor of marijuana, Aguayo consented to a search of his vehicle and was allegedly found in possession of marijuana. Aguayo was jailed on $500 bail.

Craig L. Fien Jr., 44, of Le Roy, is charged with petit larceny and resisting arrest. Fien is accused of stealing a microwave oven and vacuum cleaner from Target. When confronted by Target security, Fien allegedly push passed security personnel and attempted to flee the premises. Fien was apprehended by an off-duty police officer who detained him until troopers arrived. He was jailed on $300 bail.

Two people are in custody and two more men are at large as the result of a reported home-invasion attack on residents at their Central Avenue home in the City of Batavia.

The alleged attack occurred at about 11 p.m., Oct. 28. and involved several people and resulted in at least two people being treated and released at the hospital.

According to witness statements obtained by The Batavian, several family members and a friend were at the residence on Central Avenue when they heard a knock on the door. 

When one of the residents answered the door, four men rushed in and started hitting one of the men in the home.

All four men were later identified to police by the victims. One claimed to have been stabbed several years ago by one of the suspects.

The suspects scattered when one of the victims grabbed a bat from the kitchen and began striking the back of one of the suspects.

According to Det. Eric Hill, the suspects were armed. He did not say what the weapons were, except to say the suspects did not have guns.

Taken into custody were Daniel J. Gilbert, 25, of Tracy Avenue, Batavia, and Marquis K. Saddler, 26, of West Bergen Road, Le Roy. Both are charged with first-degree burglary and second-degree assault.

Still at large are Oliver Thomas (second photo) and Adante Davis (top photo). The police are seeking the public's assistance in locating Thomas and Davis. Investigators have obtained warrants for their arrests.

When the suspects fled, at least two family members jumped into a vehicle and began to drive. The witness statements are a little unclear about the intention of the family members or they offer contradicting statements about what happened next.

The car struck either a moving vehicle or a vehicle parked in the middle of Central Avenue. 

After the collision, one of the suspects, who may have been talking with somebody in the vehicle, was hit by the family member's car. He was treated and released for injuries sustained in the collision.

Hill also confirmed that Batavia PD is investigating another home invasion crime reported Nov. 3 on Vernon Avenue. Hill said there is no evidence at this time that the two incidents are related. He said that investigation is still pending and he couldn't provide further information.

Police are asking that anyone with information on the whereabouts of Thomas and/or Davis to contact Batavia PD at (585) 345-6350.