crime

Bryan D. Bates, 37, of West Main Street, is charged with second-degree burglary, first-degree coercion, second-degree harassment, obstruction of government administration, and resisting arrest. Bates was arrested at 6:35 a.m. on Oct 20 on Liberty Street, Batavia, following a domestic dispute. Bates allegedly unlawfully entered the victim's residence with the intent to commit a crime. He then allegedly became involved in a physical disturbance with the victim. When confronted by police, Bates fled until he was captured by poluce, at which time he allegedly resisted arrest. He was arraigned in City Court and jailed without bail. He is due in court Oct. 27. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Paris J. McCrimmon, 24, of South Swan Street, Batavia, is charged with first-degree coercion, second-degree menacing, endangering the welfare of a child, and obstruction of governmental administration. McCrimmon was arrested at 9:20 p.m. on Oct. 21 on South Swan Street following a domestic dispute. The defendant was  arraigned in City Court and jailed without bail. The defendant is due in City Court this afternoon. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Samantha Tando, 36, of Penfield Road, Penfield, is charged with second-degree harassment. She was arrested and processed on location at 11:30 p.m. on Oct. 17 following a physical domestic incident at Batavia Downs where it was alleged that she struck a male across the head. She was released on an appearance ticket and is due in City Court on Oct. 25. The case was handled by Batavia Police Officer Felicia DeGroot.

Tyrone A. Brooks, 24, of Tibbits Road, Medina, is charged with second-degree harassment. At 8:42 p.m. on Oct. 16, Batavia Police responded to the Genesee County Nursing Home on Bank Street for the report of a male refusing to leave. While entering the elevator, Brooks allegedly pushed an employee with his shoulder. He was subsequently arrested and arraigned in City Court. He was jailed on $500 bail and was due in City Court on Oct. 17. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Trey G. Henderson, 24, of Jackson Street, Batavia, was arrested at 12:55 a.m. on Oct. 22 as the result of an investigation into an incident that occurred a short time earlier at T.F. Brown's restaurant in Batavia. He is charged with second-degree harassment. He was processed, then released with an appearance ticket returnable to City Court on Oct. 25. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Eric Bolles.

Jamie J. Corrieri, 52, of Ellicott Street, Batavia, is charged with DWI, speeding, refusal to take a breath test and driving in the center lane. Corrieri was arrested at 1:39 a.m. on Oct. 21 as the result of a traffic stop on Ellicott Street a short time earlier. The defendant was arraigned at 6:30 a.m. in City Court, then jailed on $1,000 cash or bond. Corrieri was due in City Court to answer the charges on Oct. 21. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Eric Bolles.

Christopher Lambert, 36, of Jackson Street, Batavia, is charged with possession of a hypodermic instrument and criminal possession of a controlled substance in the seventh degree. At 10:40 p.m. on Jackson Street, Lambert was allegedly found in possession of a hypodermic needle and heroin. He was issued an appearance ticket for Oct. 25 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Dakota Ryan Lee White, 18, of South Lake Avenue, Bergen, is charged with petit larceny. The defendant was arrested at noon on Sept. 29 on Buffalo Road in Bergen after an investigation revealed he allegedly took merchandise from a business in the Town of Bergen during the course of his employment. He was issued an appearance ticket for Bergen Town Court on Nov. 2. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Adrienne F. Yocina, 35, of Alleghany Road, Corfu, is charged with petit larceny. Yocina was arrested at 4:29 p.m. on Oct. 18 after an investigation at a place of business on Ellicott Street in Batavia. Yocina allegedly stole money from the business over the period of a month by making false returns. Yocina was issued an appearance ticket for Oct. 25 in City Court. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Officer Chad Richards.

Frank Edward Finnin, 50, of Raymond Avenue, Batavia, was arrested at noon on Oct. 12 on a warrant issued by Genesee County Court for alleged violation of felony probation. He was transported to Genesee County Jail by the Probation Department and was due in County Court this monring. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster.

Ivan Nicolivich Molodkin, 33, of Wellington Avenue, Rochester, was arrested on an outstanding bench warrant  after failing to appear at Batavia City Court. He was transported to City Court, arraigned and released on his own recognizance. He was due in court on April 27 in regard to an unspecified incident which occurred on July 2, 2015, on Main Street in Batavia. The case was handled by Batavia Police Officer Kevin DeFelice.

Richard E. Stafford, 76, of Orange Grove Drive, Batavia, was arrested on a bench warrant for failing to appear in City Court on a ticket for aggravated unlicensed operation. He was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

The Local Drug Task Force executed the warrant on Torrey's home and on Torrey himself and his vehicle in the Town of Le Roy. 

Agents allegedly found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Other charges include criminal possession of a controlled substance, 7th, criminal possession of marijuana, 4th, criminal possession of a weapon, 4th, and unlawful possession of marijuana.

He was jailed on $5,000 bail or $10,000 bond. 

Shawn T. Rushok is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that between Dec. 15 and April 24 in the Town of Le Roy, that Rushok subjected another person to sexual contact when that person was under age 11. In count two, the defendant is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count two that between those dates Rushok knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count three, the defendant is accused of the crime of first-degree sexual abuse for allegedly subjecting another person to sexual conduct by forcible compulsion on April 24. In count four, Rushok is accused of endangering the welfare of a child on April 24 for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. The crimes in counts two, three and four also allegedly also took place in the Town of Le Roy.

Christopher J. Campbell, 38, of Chaddock Road in Bethany, is a registered sex offender who, on Oct. 18, was charged with failure to report a change of address as required by law. It is a felony. He formerly resided on West Main Street Road in Batavia. Campbell was arraigned in Bethany Town Court and jailed in lieu of $5,000 cah bail. He is due to return to court at 7 p.m. on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Jason Saile.

Teresa M. Bosdyk, 54, of Water Street, Perry, is charged with DWI, speeding lane violation and not wearing a seat belt. The defendant was involved in a motor-vehicle accident at 11:50 p.m. on Oct. 18 on Ellicott Street Road in Bethany. It appears she crossed into the oncoming lane and struck a tractor-trailer. Further investigation revealed she was allegedly driving while intoxicated. Bosdyk was transported via Mercy Flight to Strong Memorial Hospital for evaluation of her injuries. She will return to Bethany Town Court at a later date. Additional charges are pending. The case was handled by Genesee County Sheriff's Deputy Howard Carlson, assisted by Deputy Andrew Hale.

Douglas Duane Brown Jr., 34, of Meadow Farm, North Chili, is charged with insufficient tail lamp, aggravated unlicensed operation of a motor vehicle in the third degree, aggravated DWI, per se, with a BAC of .18 or more, DWI. The defendant was stopped on Alexander Road in the Town of Alexander at 11:50 p.m. on Sept. 22 for an alleged equipment violation. Further investigation allegedly revealed that the defendant was driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Howard Carslon.

Adam Louis Zichitella, 18, of Cole Road, Colden, is charged with DWI, operation of a motor vehicle with a BAC of .08 percent or more, and stopping, standing or parking upon a highway. The defendant was found parked roadside in the southbound lane of Route 77 in the Town of Alabama at 12:43 a.m. on Sept. 25. An investigation allegedly revealed that the defendant was allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Howard Carlson.

Investigators have spent the day trying to track down new leads that might help them discover who was involved in yesterday's robbery of the M&T Bank branch in Elba.

The robbery was reported at 2:35 p.m. yesterday and seems to have involved two men dressed in masks, gloves and hoodies who fled in a stolen car before switching cars about a block away from the bank.

Chief Deputy Jerome Brewster said a team of investigators spent the day canvassing the area looking for witnesses or images from surveillance cameras that might assist in developing leads.

Investigator Joseph Graff told our news partner 13WHAM that investigators are also checking with costume shops to see if any connection can be made between the masks and gloves the suspects were wearing and a recent purchase.

Brewster said the Sheriff's Office is conferring with the FBI and law enforcement in Monroe County.

The initial getaway car was stolen from a car dealership in Rochester and had a stolen plate on the rear of the car.

Anybody who might have information that can assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Photo released this afternoon of the second suspect.

Peter Stanley Hawkins, 49, of A Cayuga Village Street, Niagara Falls, is charged with third-degree assault. He was arraigned on the charged in Darien Town Court at 4:20 p.m. on Oct. 18. His arrest stems from an unspecified incident that occurred at Darien Lake Performing Arts Center at 9 p.m. on Aug. 31. Hawkins was released under supervision of Genesee Justice and is due back in Darien Town Court at 1 p.m. on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Guillermo Avila-Ramirez, 64, of Port Bay Road, Wolcott, is charged with: third degree criminal possession of a weapon; unlawful possession of marijuana; unsafe tire; and uninspected vehicle. The subject was arrested for allegedly possessing a dagger in his truck after it was involved in a motor-vehicle crash on Bloomingdale Road at the Tonawanda Indian Reservation at 8:03 a.m. on Oct. 16. The subject also allegedly possessed a bag of marijuana in his pocket at the time of his arrest. He is due in Town of Alabama Court on Nov. 3. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Eric Seppala and NYS Trooper Mark Catanzaro.

Joshua John Dibble, 34, of Pearl Street, Batavia, is charged with petit larceny. At 4:28 p.m. on Oct. 15, following the investigation of a shoplifting complaint on Lewiston Road in the Town of Batavia, Dibble was arrested. He allegedly stole merchandise from a department store by passing all points of purchase without paying. He was issued an appearance ticket for Oct. 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Robert Henning.

Submitted photos and press release from the Genesee County Sheriff's Office:

At approximately 2:35 p.m. on Tuesday, Oct. 18, the Genesee County Emergency Dispatch Center (9-1-1) received a report from a teller at Elba M&T Bank, 7133 Oak Orchard Road (Route 98), Elba, that the bank had been robbed.

A description of a vehicle involved in the robbery was given to dispatchers and patrols from the Genesee County Sheriff's Office and New York State Police responded.

The bank teller observed the get-away car and license plate number and reported it to dispatch, along with a discription of the two robbers. The car was described as a silver Dodge Stratus, which traveled northbound on Route 98 upon leaving the bank.

The two suspects were wearing face masks, gloves and dark-colored hoodies. The get-away car was located approximately 1/10th of a mile north of the bank and it looked like the suspects got into another vehicle and fled.

Investigation revealed that the silver Dodge Stratus was stolen from the Spencerport area and the license plates were stolen from the City of Rochester.

The amount of money stolen is unknown, but it is believed to be not substantial.

Investigation is continuing by the Genesee County Sheriff's Office, New York State Police and FBI.

For more information, contact Chief Deputy Jerome Brewster, (585) 345-3000, ext. 3503.

A bank robbery is reported at the M&T Bank on Route 98 in Elba. Elba High School is on lockdown. The suspect vehicle left heading northbound on Route 98. Sheriff's deputies are responding.

UPDATE 3:13 p.m.: In a field north of the bank, money is strewn about. The area is cordoned off. Some of the currency is bunched in a packet, streaked with dye.

UPDATE 3:17 p.m.: No one is injured. The bank is located at 7133 Oak Orchard Road (Route 98).

UPDATE 3:23 p.m.: There are at least two suspects, both of whom were completely covered up and wearing ski masks and gloves. One person matching an eyewitness's description has been spotted walking along a road in Bergen -- a male wearing a gray sweatshirt and dark pants.

UPDATE 3:43 p.m.: The school is no longer on lockdown.

UPDATE 3:56 p.m.: The man spotted walking in Bergen was found to have no connection to this crime.

UPDATE 3:59 p.m.: According to Sheriff's Gary Maha, the call came into dispatch at 2:35 this afternoon of a robbery at M&T Bank. State Police and Sherifffs deputies responded and spoke with the tellers, who "were very good" at providing law enforcement with details about the suspect vehicle, including the plate, and a description of the two suspects at the scene. The vehicle was reported stolen in Rochester. The men both wore hooded sweatshirts, gloves and carried black handguns. They "appeared very nervous" and verbally demanded money and handed tellers bags for them to put it in. One suspect is described as black and the race of the other is uncertain. They left with some money, some of which was ruined by the dye packets, and some was left scattered on the ground. They fled north on Route 98 a short distance, then ditched the vehicle. Whether they were picked up by someone else or had another vehicle parked in the vicinity is unknown at this time. Maha said they ought to have photos to release later today. Investigators are poring over the bank's video and still pictures. They are going to process the abandoned vehicle for clues. Maha said this was the same bank that was robbed in 2009 and the tellers handled it as well as can be expected. "They are shook up, as you would be if someone pointed a gun at you, I'm sure," Maha said. "Fortunately, nobody got hurt. That's the main thing."

Vernon R. Hil, 18, of Prole Road Extension, Stafford, is charged with second-degree burglary and fourth degree criminal mischief. At 2:24 a.m. on Oct. 16, Batavia Police responded to the report of an unknown male found inside a residence on Otis Street in the City of Batavia. Hill exited the residence upon patrols' arrival and he was taken into custody. Disturbed property and a damaged water line were found in the basement. He was arraigned on the charges and jailed without bail. He is due in City Court this afternoon. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Bolles.

Shawna M. Reynolds, 39, of Eleanor Place, Batavia, is charged with second-degree harassment. She was arrested at 8:30 p.m. on Oct. 10 after allegedly threatening to shoot a City of Batavia Police officer after a patrol was dispatched to her residence for a 9-1-1 hang-up with unknown circumstances. She was issued an appearance ticket for Oct. 18 in City Court. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Christopher Lindsay.

Kimberly M. Volk, 28, of Pearl Street, Batavia, is charged with disorderly conduct. She was arrested at 7:25 p.m. on Oct. 11 following a disturbance on South Main Street. She is due in City Court on Oct. 18. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Nicole Salamone.

Priscilla M. Donahue, 38, of Maple Street, Batavia, is charged with petit larceny. On Oct. 9, Batavia Police responded to Rite Aid on East Main Street for a report of a larceny of a cell phone which occurred at 1:05 p.m. on Oct. 8. Following an investigation, it was determined that Donahue allegedly entered the story and stole the cell phone. She was arrested and the cell phone was also recovered. She is due in City Court on Oct. 18. The case was handled by Batavia Police Officer Arick Perkins.

Jeri M. Diaz, 36, of Bank Street, Batavia, was arrested on a bench warrant out of Batavia City Court for failing to appear regarding a traffic ticket issued on July 20. Diaz posted bail and was due in City Court on Oct. 12. The case was handled by Batavia Police Officer Jamie Givens.

Gregory M. Munroe II, 28, of Harvester Avenue, Batavia, is charged with failure to appear. He was arrested on a warrant out of City Court after failing to appear for traffic violations issued on Aug, 20. He was released and is due in City Court on Oct. 19. The case was handled by Batavia Police Officer Kevin DeFelice.

A caller to dispatch reports three girls about 8 years old are walking westbound on West Avenue in Elba and they are allegedly taking other people's mail and carrying it with them.

UPDATE 3:12 p.m.: The caller "is concerned that they are going to be injured," perhaps due to their proximity to oncoming traffic.

UPDATED 5:25 p.m., Oct. 16: Here's the email we received from a parent; we withheld the name.

Please post an update on news of the trio of Elba girls stealing mail.  

I'm one of the fathers of the three girls that were delivering the mail in Elba on Saturday. I just wanted to leave a note saying that my daughter and I went door to door and apologized for the action. I realize the person who called it in to the sheriff thought they were stealing the mail but they were delivering it to the front door of each home trying to be helpful. I have discussed it with my daughter and she knows the consequences of her actions.

Matthew D. Derrick, 31, of Bank Street, Batavia, is charged with: third-degree criminal possession of a weapon; first-degree menacing; endangering the welfare of a child; and second-degree harassment. On Oct. 8 at 10:30 a.m., Batavia Police responded to 335 Bank St. for the report of a male with a knife threatening to harm other people. Upon arrival, Derrick was taken into custody. Further investigation revealed that Derrick allegedly possessed a corkscrew and threatened a 14-year-old male with the corkscrew. He was arraigned in Batavia City Court and jailed without bail. He was due back in court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Lindsay.

Demetri C. Stewart, 23, of Lewis Place, Batavia, is charged with intimidating a witness -- instilling fear of physical injury. He was arrested at 11:30 a.m. on Oct. 6 on Lewis Place for allegedly threatening a witness in an open investigation in which he is a suspect. He was jailed without bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer James DeFreze.

Samantha Hicks-O'Connell, of Ellsworth Avenue, Batavia, is charged with allowing her dog to bark habitually. She was arrested on Oct. 7, a day after a complaint that she left her dogs outside barking for an extended period of time. She was issued an appearance ticket for Oct. 18 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Amber Marie Shea, 27, of Platten Road, Lyndonville, is charged with first-degree falsifying business records and fourth-degree grand larceny. Shea was arrested on these charges following an investigation in which it is alleged she stole from her employer on Aug. 15 on West Main Street in Batavia. She was issued an appearance ticket and released. She was due back in City Court on Oct. 11. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Nicole Salamone.

Amber Marie Shea, 27, of Platten Road, Lyndonville, is charged with identity theft and petit larceny. Shea turned herself in on an arrest warrant and was directed to appear in City Court Oct. 11. The charges stem from an investigation in which it is alleged that Shea stole a debit card on Aug. 21 and used it on West Main Street in Batavia without authorization. The case was handled by Batavia Police Sgt. Dan Coffey.

James M. Jurek, 44, of North Main Street, Mount Morris, is charged with: aggravated unlicensed operation; DWI -- common law; aggravated DWI with a BAC of .18 percent or more; open container of alcohol in a motor vehicle; and improper signal. Jurek was arrested at 7:13 p.m. on Oct. 5 on West Main Street in Batavia. Jurek was allegedly found to be operating his vehicle while intoxicated and with a suspended driver's license. He was jailed and due back in City Court on Oct. 6. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

Dean E. Walter, 56, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt and second-degree burglary. Walter was arrested at 2 p.m. on Oct. 6 following an investigation. He allegedly had contact with a protected party who had an order of protection. Walter had been ordered to have no contact with the individual. He was allegedly located inside the protected party's residence. He was jailed without bail and was due in City Court on Oct. 7. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Andre K. Tiejan, 45, of 4070 Dominion Drive, Erie, Pa., is charged with criminal trespass. He was arrested at 11:26 p.m. on Oct. 6 on Dewey Avenue in Batavia after being told to leave the residence of a female acquaintance and allegedly refusing to do so. He was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis. 

Douglas S. Hofer, 53, of Oak Street, Batavia, is charged with unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Hofer was located inside a residence on Oak Street while partols were on an unrelated matter at 10:25 a.m. on Oct. 8. A marijuana bong was allegedly located on the coffee table in the same room as Hofer. He was taken into custody. A subsequent search of his person led to the alleged discovery of a crack pipe and heroin. He was arrested and processed and put in Genesee County Jail in lieu of $2,000 cash or bond. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Marc Lawrence.

Akeem R. Gibson, 26, of Washburn Street, Lockport, is charged with petit larceny. Gibson was arrested at 2:45 p.m. on Sept. 3 after he allegedly stole the tip jar from the Southside Deli in Batavia on Sept. 3. She was issued an appearance ticket for City Court on Oct. 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Garrett, J. Ditzel, 22, no permanent address, was arrested at 3:39 p.m. on Oct. 6 at 40 Batavia City Centre following a shoplifting investigation at a local business. He was charged with petit larceny and was due in City Court on Oct. 11. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Kevin DeFelice.

Cathy Jean Tarey, 61, of Starr Road, Wyoming, was arrested at 2:15 p.m. on Oct. 12 and charged with petit larceny. She allegedly stole merchandise from Marshall's in the Town of Batavia. She was released with an appearance ticket returnable to Batavia Town Court on Oct. 24. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Kevin John Milbrand, 52, of South Lake Road, Pembroke, is charged with trespass. The defendant was arrested at 12:15 p.m. on Oct. 11 on South Lake Road, Pembroke, for allegedly trespassing on posted property without permission. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Stephen J. Turkasz, 26, of Brookhaven Lane, Batavia, is charged with failure to appear in court after an appearance ticket was issued to answer a charge of criminal mischief. This stems from an incident at noon on Oct. 4 on Edwards Street, Batavia. He was arrested on a warrant out of City Court. He was jailed in lieu of $1,000 cash or bond and was due back in City Court on Oct. 11. The case was handled by Batavia Police Officer Christopher Lindsay.

Sarah L. Marcello, 24, of State Street, Batavia, was arrested on a warrant out of City Court for failure to appear for a traffic summons issued July 7 on State Street, Batavia. She posted bail and was released and is due back in City Court at a later time. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Christopher Lindsay.

Press release from the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office is advising citizens to be aware of a scam targeting local area residents and businesses. The scam involves a phone call from a utility company claiming that the customer is overdue on their utility payments and that their service will be shut off within an hour if they do not make an immediate cash payment in person to their representative.

They are using a realistic call-back number and automated message that resembles an actual utility company's message and slogan. Once you contact the representative at the number given, and follow the prompts, the customer service person with whom you speak will demand that you make a cash payment to their representative in person to avoid the shut off.

This is a scam to steal money from you; the legitimate utility companies contacted advised that they will never send a representative to your home to collect overdue payments in person, or ever meet you at a specified location to receive payments from a customer.

Utility companies also indicate that they do not take payments with a "green dot" card or by Western Union. Payments for legitimate service will be made through the utility company website, call centers and by mail.

Please contact your utility company at the number provided on your bill or in the phone book if you have questions regarding the legitimacy of a service employee or communication from the company.

There's a police confrontation on Bank Street Road in the city. A man who appears to be in his 20s is outside yelling at police officers. Multiple units responded to the call and officers have their weapons drawn. A family member on scene said the man is armed with a knife.

The Emergency Response Team is on scene.

The man is yelling: "Go away! Now that I'm armed with a knife, want to do your job?"

UPDATE 6:36 p.m.: The initial call was to a location on Denio Street. The incident is near Dwyer Stadium.

UPDATE: Police are treating this as a mental health incident at this time, and unless new information develops, there will be no charges against the subject of the incident, said Chief Shawn Heubusch. (As such, we're withholding pictures that show the individual involved, unless and until charges are filed (which doesn't sound likely. No name is likely to be released unless there are charges).

The incident started with the subject on the phone with dispatchers (though Heubusch was not sure if the subject called in or somebody else first called emergency dispatchers). The subject said he had a knife and was looking for police officers to harm him, Heubusch said.

Initially, responding officers had only a general idea of where the subject was -- somewhere in the woods around Dwyer Stadium and the Youth Bureau.  

"We’re relying on dispatchers to relay us information and they did a good job of relaying us information about where he was and what his intents were, keeping the members updated constantly," Heubusch said.

Shortly after 6 p.m., the subject emerged from the woods on Bank Street, at the old Batavia Iron and Metal property, where a Batavia police officer was parked.  Backup units from Batavia PD, the Sheriff's Office and State Police arrived on scene immediately, followed quickly by the Emergency Response Team. Within minutes, the State Police helicopter was overhead, as well.

"I can tell you, in an incident like this, you want to get as many people in as possible as quickly as you possibly can because you never know what it can evolve into or how quickly it can evolve," Heubusch said.

The chief also noted the incident was taking place in a residential neighborhood, warranting more concern for public safety.

A big reason to call out the ERT unit is the possibility the situation could become a barricaded suspect incident, Heubusch said.

"The more resources you have, the better you can contain it," Heubusch said. 

The subject retreated to a corner of the building as officers converged, but kept their distance. He backed behind the corner and continued to yell at officers.

Two members of ERT and a Batavia detective with bolt cutters entered the fenced area to the south of the building, giving them access to come up from behind the suspect's position.

A few minutes later, the subject threw his knife toward Bank Street.

Officers then rushed in to take him into custody.

"He made no threats toward us," Heubusch said. "He made no threats toward anybody else in the community that I’m aware of, so the officers, obviously, wanted to make sure that he remained safe and they remained safe. They operated with great restraint and took him into custody without the use of force."

He was transported to an area hospital for a mental health evaluation. The results of the evaluation along with any further information that may develop about the case will have some bearing on whether there are charges, but Heubusch said right now, it looks like a mental health case.

He praised the discipline of the officers for resolving the incident without violence.

"It’s extremely difficult to have an officer have the composure they have to have to ensure nobody gets hurt, including themselves," Heubusch said. "It’s a split-second decision these guys are making when they’re in the field and they’re dealing with people like this. They did a good job."

A Batavia man whose attorney said he just responded to a friend's request for help when he sold her drugs is going to prison for three years for criminal sale of a controlled substance. 

James Soccio, 34, was arrested in June after twice selling drugs to a person acting as an agent for the Local Drug Task Force. He pocketed $120 on the deals.

Attorney Fred Rarick, when arguing for a light sentence for his client before Interim Judge Michael Pietruszka said the transaction apparently came about after an addict, a friend of Soccio's who was recruited for undercover work by the task force, came to Soccio and begged him for help.

A former addict himself, Soccio, Rarick said, was trying to do a friend a favor. It was wrong and poor judgment on his part, Rarick said, but Soccio has been known to help friends in other ways when they ask for it. 

Pierruszka said he received several letters of support from members of the community, including Pastor Marty Macdonald, who portrayed Soccio as a stable member of the community. He has a longtime girlfriend and has worked steadily in Genesee County for several years.

As part of the pre-sentence process, Soccio was evaluated for possible substance abuse treatment himself, but counselors determined Soccio is not himself an addict.  

Since Soccio isn't an addict and wasn't charged with possession of a controlled substance, Pietruszka indicated he viewed him as a drug dealer, hence the three-year prison term.

Rarick sought a probationary sentence.

Pietruszka noted that Soccio, sentenced on a felony conviction more than a decade ago, violated probation terms following his release from prison then, which was another factor, he indicated, in his decision.

Tearfully, turning toward the gallery, Soccio apologized to his friends, family members and Pastor Macdonald, for his mistake and for letting them down.

Two arrests have been made by the Genesee County Sheriff's Office following the investigation into an assault which occurred at 1:42 a.m. on Oct. 9 in the parking lot of Playmates, located on Route 237 in the Town of Byron.

The victim suffered several serious injuries and was listed in critical condition at Strong Memorial Hospital.

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, were arrested and charged with second-degree assault. The brothers were put in Genesee County Jail in lieu of $25,000 cash bail. Scott was arrested Oct. 12; Jonathan on Oct. 11.

Investigators from the Genesee County Sheriff's Office were assisted by the Monroe County Sheriff's Office and its K-9 after Scott refused to comply with direct orders to exit his residence on Oct. 12 in Fairport. After about three hours, Scott was taken into custody on an arrest warrant without further incident.

On the day his trial was to start this week, a 56-year-old Batavia man accused of menacing a police officer instead entered a guilty plea to one of the two counts against him.

Bill Thomas, of State Street, was arrested in March after an early morning standoff with the Emergency Response Team.

He pled guilty today to criminal possession of a weapon, 3rd, a Class D felony, satisfying both counts returned against him by a grand jury. 

There is no condition on sentencing. The maximum possible penalty is two and a third to seven years in prison.

Sentencing is scheduled for 1:30 p.m., Nov. 15.

He is being held in the Genesee County Jail.

The maximum possible penalty for the Class E felony is four years in prison, but Joel Bert Shorts, 55, reached a plea deal with the District Attorney's Office that will likely mean 10 years probation. He will also become a registered sex offender in the State of New York.

Shorts reportedly attended Kingdom Bound at Darien Lake Theme Park as part of a religious group as a chaperone.

No details about the victim have been released, but in court today, while discussing a stay away order of protection, Shorts' attorney warned him that even if the victim makes contact with him, he is not to respond to any message.

Shorts, dressed in a white polo shirt and gray slacks, was reminded a few times to speak up while the judge asked him a series of questions about his plea, and while the judge asked the questions designed to ensure he was mentally alert and aware enough to enter a plea, Shorts started to choke up briefly.

Sentencing, and a SORA hearing (to determine his sex offender status), was set for 9:30 a.m., Jan. 10.

Danielle Riley McMinn, 22, of South Cranberry Boulevard, North Port, Fla., is charged with: DWI; unlawfully fleeing a police officer in a motor vehicle, 3rd; reckless driving, failure to keep right; and moving from lane unsafely. McMinn was stopped by Genesee County Sheriff's deputies shortly after midnight on Oct. 12 on R. Stephen Hawley Drive when she allegedly failed to keep right. She then allegedly fled from deputies in her vehicle, leading deputies on a short pursuit. The pursuit came to an end when McMinn crashed her vehicle at the intersection of R. Stephen Hawley Drive and Bank Street Road in the Town of Batavia. She was subsequently arrested and jailed on $500 cash or $2,000 bond. She is to reappear in Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Hale.

Benjamin James Marien, 24, of Meadowbrook Terrace, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; speed in excess of 55 mph; and failure to keep right on a two-lane road. On Oct. 12 at 12:54 a.m., Marien was arrested following a traffic stop on Genesee Street in Pembroke. He was issued an appearance ticket for Town of Pembroke Court and is due there on Nov. 8. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Matthew R. McQuillen, 33, of 38 Lathrop Ave. in Le Roy, was arrested on Oct. 10 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that at 4 p.m. on Oct. 8 McQuillen stole a DVD from a store located on West Avenue in Le Roy. McQuillen was released on an appearance ticket to appear in Le Roy Town Court on a later date.

Shawn Richard Porter Cuyler, 18, of Vendome Drive, Gates, is charged with unlawful possession of marijuana. At 8:53 a.m. on Oct. 11, the subject was pulled over on the side of the road on Oak Orchard Road in Batavia because his passenger had gotten out to retrieve glasses that fell from the vehicle. The subject allegedly possessed several smoking devices containing marijuana, along with two bottles containing marijuana. He was issued an appearance ticket for Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by City of Batavia Police Officer Frank Klimjack.

A 26-year-old Le Roy resident was arrested today after allegedly failing to obey a police officer's orders when he was spotted in the area of the Le Roy Sewage Treatment Plant on Red Mill Road.

Zachary R. Reed, of Britt Road, Le Roy, is charged with one count of obstructing governmental administration.

Police responded to the plant at 2:28 p.m. to investigate a report of a man with a long gun at the facility.

A person with a gun was spotted going into the nearby woods and the police officer reportedly ordered him to come out of the woods with his hands up. According to Le Roy PD, the person did not comply with the order.

Other law enforcement agencies were summoned for backup, a K-9 patrol responded, and a perimeter was set up.

During the search, police officers obtained Reed's mobile number and called him. He agreed to come out of the woods, meeting officers on North Street, but he didn't have his gun with him.

After a search, the gun, a .22-caliber rifle, was located in an area of tall weeds.

Assisting Le Roy PD were the Sheriff's Office and State Police.

Reed was issued an appearance ticket.

(initial report)

Blake Michael Toal, 18, of Old State Road, Covington, is charged with third degree criminal mischief. On Sept. 25, the Genesee County Sheriff's Office received a report of criminal mischief to a basketball backboard in the Village of Bergen Park. The deputy assigned to the Village of Bergen conducted a thorough investigation and numerous individuals were interviewed. The defendant was located and arrested and charged with the Class E felony. He was issued an appearance ticket and taken to jail for prints and photos. He is due in Town of Bergen Court at 3 p.m. on Wednesday, Oct. 19. The case was handled by Sheriff's Deputy Ryan DeLong.