crime

About 30 people are, or were, reportedly fighting on State Street in the vicinity of Lewis Place. Police are on scene.

The victim of an assault on State Street yesterday afternoon was released from the hospital this morning and his alleged assailant was jailed last night without bail.

Woodrow Clarence Horseman, 37, address unknown, was charged with assault, 2nd.

The name and age of his alleged victim have not been released.

Det. Kevin Czora said Horseman and the alleged victim are acquaintances, and while there may have been a verbal exchange prior to the victim being hit, witnesses said they saw nothing they believed would have provoked an assault.

The alleged assault occurred on State Street at about 3:15.

The alleged victim was reportedly unconscious when transported by Mercy EMS to the Mercy Flight hangar for air transport to Strong.

Patricia Ann Herzog, 46, of Ross Street, Batavia, is charged with petit larceny.  Herzog is accused of stealing $465.11 in merchandise from Walmart.

Nicholas Joseph Mungillo, 19, of Union Square, Batavia, is charged with petit larceny. Mungillo is accused of stealing $137.93 in merchandise from Bed, Bath & Beyond.

David M. Kohmescher, 32, of McCall Road, Rochester, was arrested on a warrant related to an aggravated unlicensed operation charge. Kohmescher was stopped by Rochester PD for an alleged traffic violation and found to be a warrant suspect from the Town of Le Roy.  He was turned over ot the Sheriff's Office, arraigned in Town of Le Roy Court, and released.

A seriously injured man is outside in the area of State Street and Hutchins Place in the city. He is unconscious and was possibly involved in an altercation. Police are on scene and Mercy medics are proceeding there.

UPDATE 3:29 p.m.: A suspect is in custody. At this point, police do not believe a weapon was used. A witness said the unconscious man was punched by another man.

UPDATE 3:34 p.m.: An ambulance is transporting the patient to the airport hangar so he can be flown by Mercy Flight to a hospital.

UPDATE 3:54 p.m.: Mercy Flight is transporting to Strong Memorial Hospital.

Brett William Snyder, 50, of Batavia Stafford Townline Road, Stafford, is charged with two counts of third-degree criminal possession of a weapon (assault weapon and magazine). Following a check on Snyder's residence by the Probation Department, a probation officer contacted the Sheriff's Office for assistance in the investigation of an alleged illegal firearm at the residence. Snyder was allegedly found in possession of a assault-style weapon and a large capacity magazine. Snyder was arraigned, posted $250 bail and released.

Tyler Pasquale Schroeder, 21, of Lewiston Road, Batavia, was arrested on a warrant out of Rochester related to a criminal impersonation charge. Schroeder was turned over to RPD.

Stacey Dawn Mancuso, 43, of Seneca Street, Elma, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and drinking alcohol in a motor vehicle. Mancuso was stopped at 11:32 p.m., Sept. 17, by Deputy Kevin McCarthy, after dispatchers received a report of a vehicle on Route 33 in Pembroke that was unable to maintain its lane.

A 16-year-old of East Avenue, Attica, is charged with trespass. The youth is accused of being at a residence on Broadway Road, Alexander, after being told by the homeowner he wasn't allow on the property.

Ashley Marie Kreutz, 25, of Lewis Place, Batavia, is charged with petit larceny. Kreutz is accused of shoplifting at Kmart.

Teresa Marie Stephenson, 24, of Moore Road, West Henrietta, is charged with petit larceny. Stephenson is accused of shoplifting at Kmart.

Taylor Laren Schutt, 20, of Seminole Parkway, Cheektowaga, is charged with trespass. Schutt is accused of being on the roof of the bus garage at Alexander Central School.

A Batavia police officer is searching the area around Tops for two white males on bikes with backpacks who are suspected of shoplifting.

The suspects are believed to be in their 30s or 40s. One is on a pink bike, the other on a mountain bike. They headed east on Main Street.

The officer said the stolen items were recovered, they think, but "the camel backpack was full of something."

Amanda Rose, Renza, 25, of Brendel Street, Hamburg, is charged with bail jumping, 2nd. Renza is currently an inmate at the Erie County Jail. She was arrested on a Batavia City Court warrant and arraigned on the bail jumping charge and returned to Erie County without bail. She is also accused of failing to appear on charges of grand larceny, 4th, and conspiracy, 3rd.

Tyanna Desiree Green, 18, of Lewis Place, Batavia, was arrested on a bench warrant related to a petit larceny charge. Green was in City Court on an unrelated matter and arrested on the Town of Batavia warrant for alleged failure to abide by release under supervision terms and conditions. Green was jailed without bail.

Anthony M. Mannara, 22, of Batavia, is charged with petit larceny. Mannara is accused of shoplifting at Target. He was arrested by State Police.

Amanda Dryden, 29, of Alexander, is charged with grand larceny, 4th. Dryden was arrested by State Police in Elma following an investigation into unauthorized use of a credit card. Dryden is accused of using a credit card six times that belonged to a woman she was working for as a house cleaner. She allegedly took the card from the woman's purse. Investigators used surveillance video from stores where the card was allegedly used to identify Dryden as the subject. Dryden allegedly admitted to using the card when questioned.

A suspected copper thief forgot his wallet at Home Depot, according to State Police, and when he came back for it, employees identified him as a suspect in the theft.

His alleged accomplice was located in the parking lot.

Troopers and deputies then went on a search in Batavia and Oakfield last Saturday night to locate the vehicle with the allegedly stolen copper.

Eventually, the car was found and Roy Hooten, 52, and Robert Peachey, both of Oakfield, were charged with conspiracy, 5th.

In addition, Peachey was charged with grand larceny, 4th, and criminal possession of a controlled substance, 7th, and was jailed on $10,000 bail following arraignment in Town of Batavia Court.

Hooten is accused of causing a distraction in Home Depot so Peachey could carry the copper to a vehicle waiting outside.

After the two men left, Peachey apparently discovered he didn't have his wallet. The men reportedly parked the car and walked back to Home Depot. By then, troopers were on location and the men refused to cooperate and reveal the location of the vehicle, according to Trooper Victor Morales, public information officer for Troop A, Batavia Barracks.

Five years ago this month, Hooten was arrested for stealing scrap metal in Oakfield. We don't know the outcome of those cases. He was sentenced to two to four years in state prison on an attempted burglary charge and released from prison Nov. 2. In 2006, he was sentenced to one to four years on an attempted criminal possession of a weapon conviction. He was released on parole in August 2007.

Samantha Jane Roberts, 22, of Vine Street, Batavia, is charged with grand larceny. Roberts is accused of stealing $1,072 in cash from registers at Walmart while employed as a cashier.

Adante L. Davis, 23, of 32 Washington Ave., Batavia, is charged with disorderly conduct.  Davis allegedly made obscene gestures and used foul language directed at police officers while the officers were working in the area of West Main Street.

William C. Wurster, 52, 337 Bank Street, Apt. 70, Batavia, is charged with harassment 2nd. During a dispute with a neighbor, Wurster allegedly picked up a 2x4 and swung it around his head in a threatening manner.

Patrick Gilman Kimball, 30, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to dim headlights.  Kimball was stopped at 2:30 a.m., Friday, on Route 5, Pembroke, by Deputy Joseph Corona.

Andrew Charles Webster, 20, of North Street, Leicester, is charged with criminal possession of a controlled substance 7th. Webster was allegedly found in possession of Tramadol during a traffic stop at 11:47 p.m., Sunday, on Gillate Road, Alexander, by Investigator John Weis.

Curtis Paul Howden, 34, of Redman Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, drinking in a motor vehicle and failure to keep right. Howden was stopped at 12:35 a.m., Friday, on South Lake Road, Bergen, by Deputy Joseph Corona.

Kasey Ann Woodhouse, 24, of Liberty Street, Batavia, is charged with aggravated harassment 2nd. Woodhouse is accused of sending harassing messages to another person via Facebook after being told not to have contact with that person.

Robert L. Peachey, 30, of Oakfield, is charged with conspiracy 5th and grand larceny 4th, and Roy D. Hooten, 52, of Oakfield, is charged with conspiracy 5th. Peachey and Hooten were arrested by State Police for an alleged incident reported at 10:03 p.m., Saturday. No further details released.

A woman who previously testified in a burglary trial and who joined her spouse in the first same-sex marriage in Genesee County in 2011 was accused today of selling crack cocaine to an undercover agent.

Toni M. White, 32, of West Main Street Road, Batavia, was arrested on a sealed indictment alleging she sold a quantity of crack cocaine to an agent of the Local Drug Enforcement Task Force.

She is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd, both Class B felonies.

White was jailed on $5,000 bail.

In 2010, White testified in the burglary trial of Reginald M. Wilson discussing the day Wilson drove her around in what turned out to be a stolen vehicle.

In September, 2011, White appeared in court with the woman she married the day before, Katrina Drake, when Judge Robert C. Noonan threatened to send Drake to jail on a violation of probation charge.

In the past few years, White has been arrested on charges of disorderly conduct (twice), petit larceny and trespass.

UPDATE 6:40 p.m.: The bail review of Toni M. White was conducted on Sept. 20 and she was released under supervision of Genesee Justice, with a curfew requiring her to be at her residence from 7 p.m. until 7 a.m. every day.

A 26-year-old Rochester resident is being held on $50,000 bail after being accused of dealing crack cocaine in Batavia.

Davon Tamer Michael Bell, of Gillette Street, Rochester, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Bell allegedly sold crack cocaine to undercover agents working with the Local Drug Enforcement Task Force.

The investigation into Bell's alleged activities began nine months ago. He was taken into custody Sept. 10 by Rochester PD.

Bell was indicted in a sealed indictment by the Genesee County Grand Jury.

Tracy Lynn Damato, 47, of Horsehoe Lake Road, Batavia, is charged with petit larceny. Damato is accused of stealing $19.99 in merchandise from Kmart.

Jordon Elizabeth Prescott, 19, of Ellicott Street Road, Bethany, is charged with criminal trespass, 3rd, and criminal contempt, 2nd. Prescott is accused of being at College Village after being barred from the property. She is accused of violating an order of protection by coming into contact with the security guard that was on duty at College Village.

Travis S. Bartz, 37, of Alexander, is charged with a violation of probation and criminal contempt, 2nd. Bartz was allegedly located at a residence on Route 98, Town of Attica, Wyoming County, by State Police in violation of probation conditions and a current stay-away order of protection.

Kimberley A. Smith, 36, of Alexander, is charged with felony DWI, felony driving with a BAC of .08 or higher and failure to stop at stop sign. Smith was arrested at 6:27 p.m. Wednesday on Brookville Road, Alexander, by State Police. Following her arrest, she was released to a third party.

Lamar Iteef Randall, 28, of Spruce Avenue, Rochester, is charged with criminal possession of a controlled substance, 5th. Randall was arrested on a warrant out of Stafford Town Court upon his release from Monroe County Jail where he was being held on an unrelated charged. He was jailed on $5,000 bail.

A 28-year-old Batavia man is sitting in the Monroe County Jail awaiting further court proceedings on a pair of third degree robbery charges.

Frank L. Schiavi was originally arraigned in Monroe County Court on the two-count indictment against him July 3. He was picked up by U.S. Marshals last week with the assistance of Batavia PD and the Sheriff's Office for allegedly missing a court date.

He is now being held on $5,000 bail or $10,000 bond.

Schiavi is accused of twice robbing a First Niagara Bank location at 532 Chili Ave., Rochester, on Oct. 24 and again on Feb. 6.

Sgt. Elena Correia, public information officer for RPD, said Schiavi allegedly put a mask over his face just prior to entering the bank and once inside he robbed the bank.

In both cases, the suspect fled and RPD conducted an extensive search of the area and no arrest was made.

Although bank employees were able to see the suspect's face in both robberies and the public was alerted to the suspect information through media releases, RPD investigators were unable to develop any concrete leads.

That led investigators to believe the suspect was not from Monroe County.

On the same day as the second robbery, Batavia PD received a report from a concerned citizen about a suspicious person in the area.

Batavia PD and the FBI followed up on the information and obtained a photograph of the suspicious person.

The photo was used to help identify Schiavi as the robbery suspect.

There was apparently no public announcement of Schiavi's arrest at the time. The Batavian learned about the case from a Batavia resident who also claimed knowledge of related law enforcement activity.

The source said there was a subject arrested Monday at an address on Jackson Street. While neighbors said they saw members law enforcement at that address Monday and one neighbor said he saw a man in handcuffs, a check with the Sheriff's Office, Batavia PD and the FBI turned up no record of law enforcement activity at that address on that day. The U.S. Marshal's Office did not return our phone calls, but the U.S. Attorney's Office for WNY also found no records of federal law enforcement activity at that address.

The source also claimed federal law enforcement was looking for a subject who has left the state. While coworkers of a person this subject is believed to be traveling with said that people they believed to be federal agents came looking for the the peson, no agency contacted by The Batavian has any knowledge, they say, of who the person is, and they say he is not the subject of an investigation and they are not actively trying to find him.

It's unknown at this time how much money may have been taken from the banks. 

Two white males are reportedly fighting on Dellinger Avenue and another is yelling from a nearby porch. City police are on scene.

A black male reportedly was outside the Holland Land Office Museum on Main Street "striking everything" and he is now in the adjacent Batavia Peace Garden where a female is on her knees; unknown if she was struck. City police are responding.

UPDATE 5:37 p.m.: An officer at the scene told Howard that the situation is "purely medical" and that the passerby was mistaken in what she thinks she saw.

UPDATE 5:39 p.m.: Mercy medics are transporting a patient to UMMC. Police are back in service.

The Wyoming County father who slammed his 7-year-old son to the floor while shopping at Walmart in May will spend nearly six months in jail.

Christopher P. Cummings. 28, could have avoided straight jail time if he hadn't violated the terms of his plea bargain, which included no additional arrests.

Cummings entered a guilty plea in June to one count of endangering the welfare of child and would have received a sentence known as "shock probation" (intermittent jail followed by five years probation). But he was subsequently arrested for allegedly driving under the influence of drugs and alcohol in Genesee County and on a DWI charge in Wyoming County.

"Whenever you've appeared in court you've been polite and cooperative," said Town of Batavia Judge Thomas Williams. "Outside of court is where the problem is, and it seems you have not really accepted accountability for your conduct. You haven't dealt with the issues that brought you here in the first place."

Cummings said nothing during sentencing nor did Williams ask him for a statement.

He was immediately taken into custody by a deputy in the courtroom along with two other current jail inmates.

Williams also barred Cummings from any contact with his son for three years, though that order could be modified to allow visitation by Family Court.

Cummings was located by State Police within two hours of the incident after a photo of Cummings was posted on The Batavian and dozens of readers contacted local law enforcement agencies with tips.

Police, and readers, were concerned that the boy may have been injured. The boy was not injured in the incident.

Also in Batavia Town Court today:

• Two of the four men suspected of participating in a $10,000 heist of smartphones from the AT&T store on Veterans Memorial Drive appeared in court. The cases of James P. Garcia and Anthony F. Bovenzi-Ortiz were continued until Oct. 15 pending possible grand jury indictment or a plea offer.
• John J. Saddler, 26, charged with attempted rape, appeared in court and his attorney Mehmet Okay said he was seeking a pre-trial hearing for his client. ADA Will Zickl said he would oppose such a hearing at this time because there is a parole detainer on Saddler. Justice Williams acknowledged that under state bail guidelines he should not have set bail for Saddler (at $10,000) at his initial court appearance, though bail was continued at that amount pending any possible petition by Saddler to Judge Robert C. Noonan in County Court for a bail review.

An Orleans County man arrested for an alleged burglary in progress in Niagara County is a possible suspect in a series of bold burglaries in the Village of Oakfield, according to Investigator Kris Kautz, of the Sheriff's Office.

Jonathan K. Banks, of 4886 S. Townline Road, Ridgeway, is charged with one count of second-degree burglary after allegedly breaking into a house at 5:20 a.m. Thursday, according to OrleansHub.

Banks is also a person of interest in similar burglaries in Albion and Medina.

In all the cases, according to investigators, a person entered homes, often while the residents were there, and grabbed purses and other items that might contain money or valuables and left quickly.

Kautz said there may be search warrants executed today on Banks' property and residence.

In May, Banks was charged with endangering the welfare of a child for allegedly taking a 12-year-old girl from Albion to Buffalo overnight.

He was jailed in Niagara County on $15,000 bail or $30,000 bond.

Gregory S. Snyder, 45, of West Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. The Wyoming County Sheriff's Office received two separate complaints of a man walking in the middle of the roadway on Route 98, Town of Attica. About 90 minutes later, there was a complaint of a man walking in the middle of the roadway on Route 98 in the Town of Bennington. Synder was reportedly located by deputies walking on Route 98. Snyder was charged with disorderly conduct and obstructing the flow of traffic. Upon his arrest he was allegedly found in possession of marijuana. Snyder was reportedly transported to the Village of Attica and released to a sober third party.

Charles Howard Sims, 43, of McIntyre Road, Caledonia, is charged with criminal obstruction of breathing and two counts of criminal mischief. Sims allegedly choked a woman during a domestic incident. He also allegedly ripped her shirt and also damaged a door. Sims was jailed on $250 bail.

Jacob Duane Defisher, 17, Roanoke Road, Pavilion, is charged with harassment, 2nd. Defisher allegedly pushed another person and then punched that person causing the person's lip to bleed and swell.

Louis Michael Biro, 52, of East Shelby Road, Oakfield, is charged with DWI, refusal to take breath test, failure to stop for stop sign, speeding (unreasonable speed, special hazards), unapproved/no face shield on motorcycle. Biro was allegedly driving at the time when a one-vehicle accident occurred involving a motorcycle at 10:12 p.m. Sept. 9 on Bloomingdale Road, Alabama. The accident was investigated by Deputy James Diehl.

James Alvin Daigler, 58, of Stanley Road, Grand Island, is charged with resisting arrest, trespass and disorderly conduct. Daigler is accused of causing a disturbance at the Clarion Hotel, 8250 Park Road, Batavia, at 1:20 a.m., Sunday. He allegedly refused to leave after being ordered to leave and used obscene and offensive language while in public. Daigler was jailed on $500 bail.

Ted E. Kingsley, 40, of 117 State St., upper, Batavia, was arrested on a bench warrant. Kingsley allegedly failed to appear on a petit larceny charge related to a theft of beer from Tops. Kingsley was jailed on $1,000 bail.

James A. Chase, 33, no permanent address, is charged with criminal contempt, 2nd, and harassment, 2nd. Chase is accused of violating a no-offensive-conduct order of protection by shoving and spitting on the protected person. Chase was jailed on $2,500 bail.

Reinaldo Roman, 41, of 130 W. Main St., Batavia, is charged with harassment, 2nd. Roman is accused of repeatedly threatening to kill another person while in the presence of police. Roman was jailed on $100,000 bail or $200,000 bond.

Shane Zimblis, 42, of 24 Hutchins St., upper, Batavia, is charged with trespass. Zimblis is accused of trespassing on a property on Hutchins Street.

Jamie M. Hamill, 36, of 209 W. Park St., Albion, is charged with criminal trespass. Hamill was allegedly ordered to leave a residence several times and refused to leave.

David N. Taplin, 36, of 54 Newport Drive, Brockport, was arrested on a bench warrant. Taplin allegedly failed to show up at the jail for an imposed weekend sentence. Taplin was jailed on $1,000 bail.

Terry T. Saddler Jr., 37, of 112 State St., lower, Batavia, is charged with unlawful possession of marijuana. Saddler was picked up on a warrant out of Brockport by Batavia PD and allegedly found in possession of marijuana.

Brandy Lee Stalica, 38, of Route 63, Pavilion, is charged with harassment, 2nd. Stalica allegedly subjected another woman to physical contact during a custody exchange. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Jennifer Joan Wolcott, 43, of East Bethany -- Le Roy Road, Stafford, is charged with harassment, 2nd. Wolcott allegedly had physical contact with another person during an argument. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Eric Jon Merritt, 24, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, failure to stop at stop sign, failure to signal, failure to yield to emergency vehicle and failure to keep right. Merritt was stopped at 4:06 p.m. Saturday on Main Street Road, Batavia, by Deputy Joseph Corona.

Deborah Ann Scholonski, 43, of Keeney Road, Le Roy, is charged with harassment, 2nd. Scholonski allegedly sent a text message to a neighbor she had been told not to contact.

Marilyn Lois Weinert, 61, of Route 237, South Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and failure to keep right. Weinert was stopped at 2:06 a.m. Saturday on Byron Holley Road, South Byron, by Deputy Joseph Corona.

Thomas Patrick Lester, 45, of Lake Road, Brockport, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving left of pavement markings and failure to keep right. Lester was stopped at 4:12 p.m. Thursday by Sgt. Ron Meides.

Timothy M. Fingland, 24, of Rochester, is charged with aggravated unlicensed operation. Fingland was stopped on Route 63, Batavia, at 8;59 p.m. Friday by State Police.

Tammy L. Long, 40, of Cheektowaga, and Paul J. Dipalma, 49, of Cheektowaga, are both charged with grand larceny, 3rd. Long and Dipalma were arrested by State Police in connnection with an alleged crime reported in the Town of Batavia on Jan. 17. Both were jailed on $5,000 bail each. No further details released.

A woman on Madison Avenue in Le Roy reported hearing two load bangs and when she went outside, she found that her mailbox and the mailbox of a neighbor had apparently been blown up.

Le Roy PD is responding.