crime

One of the four men accused of breaking into a State Street residence last September while the elderly woman who lived there slept, was back in court today, but not on the alleged burglary charge.

Twenty-five-year-old Quentin L. Gibson faces a new charge of criminal mischief as well as two traffic citations.

While his three co-defendants in the State Street case have either pled guilty or were convicted of the crime, Gibson's case is still wending through the legal system.

While the case proceeds, Gibson has been out of jail under the supervision of Genesee Justice.

But Gibson appeared in City Court today to answer the new charges stemming from an alleged incident May 1 on Wood Street. Justice Robert Balbick adjourned the proceedings for a few minutes while Assistant District Attorney Robert Zickl consulted with Genesee Justice on Gibson's conduct since he's been out of jail.

After getting a report that Gibson has been doing well, and learning that Gibson has paid partial restitution on the alleged property damage that led to the criminal mischief charge, Zickl recommended that Gibson's release under supervision continue. Balbick agreed.

District Attorney Lawrence Friedman was in court for the Scott Doll jury selection and was not available for an update on Gibson's status in the State Street case.

Also in court today facing charges for the alleged May 1 incident on Wood Street was Thomas Culver, also facing a criminal mischief charge.

The Batavia Police department has not yet released information on the two criminal mischief arrests, so no further information on the alleged incident is available.

UPDATE: Gibson and Culver were arrested at 10:35 p.m., Saturday, for allegedly intentionally breaking the door of a friend.

Gibson resides at 27 Richmond Ave., and 31-year-old Culver's address is 13 Wood St.

Reginald Wilson was convicted April 1 of burglary and possession of stolen property following a jury trial. The other defendants in the case, Dillon Brito and Joseph Dash have both pled guilty to charges related to the State Street break-in.

In an unrelated case in City Court today: Summer Ogden, 31, appeared on an endangering the welfare of a child charge. She is in jail on $500 bail. The charge stems from an alleged April 30 incident wherein she broke a temporary, plastic window in a car while her child was in the car.

The child was not injured, according to Zickl. Ogden was arrested in March for allegedly assaulting and biting her boyfriend and also faces a DWI charge. Her case was adjourned until Thursday for review for possible referral to either mental health or drug court.

BATAVIA,  NY -- A day and a half into the jury selection process for the Scott Doll murder trial, and only three jurors have been seated.

District Attorney Lawrence Friedman noted that at the current rate, it would take four days and eight panels of potential jurors just to get to 12 men and women to decide the case. That doesn't include the four- to six-alternate jurors needed for the anticipated three-week trial.

The prosecution has used 12 of its 20 peremptory challenges, and the defense 14 of 20.

While either side can request more peremptory challenges, it will be up to Judge Robert C. Noonan whether to grant such an extension.

Once the peremptory challenges are gone, the prosecution and defense will be left to accept any juror that can't be dismissed for cause.

A prospective juror dismissed for cause is somebody who has a clear conflict of interest and probably can't judge the case impartially. A peremptory challenge is one in which the prosecution or defense deems a particular juror just isn't suitable for the case, for any reason.

"It's a combination of everything, what they know, what you hear -- it's just a gut reaction in the end," Friedman said, adding that "Both sides are being very careful about who goes on this jury."

Doll, a Corfu resident, is accused of murdering Joseph Benaquist of Pembroke in February, 2009. Doll and Benaquist were apparently in business together selling used cars.

Nicholas A. Thurley, 25, of Lake Street, Apt. B, Le Roy, is charged with endangering the welfare of a child. Thurley was arrested after police received a complaint of 7-month-old baby with a heavily bruised buttocks. He is accused of striking the child on his face and buttocks while babysitting for a friend over the weekend. He was jailed on $2,500 bail. Det. John Candidorio and Officer Daryl Robb handled the investigation.

A 17-year-old from Batavia is charged with sexual misconduct. He is accused of engaging in intercourse with a 16-year-old girl from Batavia.

A 17-year-old from Le Roy was arrested on a warrant from the New York Office of Children and Family Services. The youth had been wanted by OCFS since October. He was found in an apartment in the Village of Le Roy.

Farah St. Cloud, 18, of Rochester, is charged with criminal trespass. St. Cloud was apprehended after allegedly trying to flee through a bedroom window at College Village, where she once lived, but had been allegedly banned from the property.

Wyatt Jeremiah Becker, 19, of Darien, is charged with trespass and unlawful possession of marijuana. Becker is accused of entering another person's property after being told not to do so. At the time of his arrest, he was allegedly found in possession of marijuana. He was jailed on $500 bail.

Accidents from the State Police blotter:

2:54 p.m., May 2, Lewiston Road, Town of Batavia, two vehicles; Driver 1: Michael A. Witkop, 18, of Batavia; Driver 2: Ronald J. Beardsley, 51, of Nunda. No injuries reported.

BATAVIA, NY -- Scott Doll's defense attorneys renewed motions today, prior to jury selection in his murder trial, to suppress key evidence and some of the statements he made during the initial investigation into the death of Joseph Benaquist.

Jury selection is expected to take as long as three days, with groups of 40 people being called in today, tomorrow and Wednesday, in the hopes of finding 12 impartial jurors and four to six alternates.

Daniel Killelea, who is assisting defense attorney Paul Cambria, argued this morning that introducing as evidence the disputed ownership of two cars in the case would unfairly prejudice the jury without establishing sufficient value to prove the murder charge.

The cars are a 2006 Chevy Malibu and 2008 Pontiac G6.

There is some question as to how Doll came into possession of the Malibu, which apparently was owned, at least at one time, by Benaquist, and there's also a question about who paid for the G6 and to what purpose.

Benaquist and Doll were apparently partners in a used car business.

District Attorney Lawrence Friedman said he intends to show that Doll forged the title on the Malibu so he could sell it to a financing company in Buffalo.

Killelea's position is that there can't be any proof that Doll didn't obtain title to the Malibu legitimately.

He argued that presenting the status of the Malibu as evidence would unfairly prejudice the jury that he committed an uncharged crime, fraud.

As for the G6, the prosecution contends that Benaquist bought the car for himself -- though using the dealership license for SF Enterprises -- and gave Doll $10,000 as a down payment on the $13,300 car, but that the money never reached the financing company.

According to Killelea, there is insufficient evidence that the transaction wasn't for the company and the implication otherwise would prejudice the jury.

Friedman said the two cars, and the ownership dispute is key to the case.

"We anticipate that it will be established that it was these very cars that led to the murder of Joseph Benaquist," Friedman said.

On his other motion, Killelea said that statements made by Doll the night of the alleged murder cannot be admitted because he had asked for an attorney.

The prosecution contends that under the "emergency doctrine," police can try to obtain relevant information that needs to be known immediately and can continue questioning or taking statements even after a suspect has asked for an attorney.

Killelea cited at least three cases that say Doll was entitled to an attorney. But Assistant D.A. Will Zickl countered that there are cases allowing "emergency doctrine" statements to remain admissible, just as he'd argued the first time around on the same motion.

Judge Robert Noonan said he will reserve a ruling on the motions until just before opening arguments.

A man accused of assaulting and stealing three guns from a Byron resident last week has a chance to make bail despite a lengthy criminal history.

Judge Robert C. Noonan, after saying he would have set bail higher had the prosecution request a higher bail, said Darrell Bruce Reid, 45, of 4 N. Main St., Holley, can get out of jail if he can come up with $50,000 cash or bond.

"I don’t think I’ve ever had anybody in who’s been arrested over 100 times before," Noonan said.

Reid is accused of hitting a Byron resident at 3:30 a.m., April 24, and stealing three long guns. The victim reportedly had only met Reid recently. He was hospitalized with a broken nose and cuts.

According to attorney William Tedford, from the public defenders office, Reid has spent most of his life in Western New York, except for three years in South Dakota. He has a child living in Chili and a mother, who has breast cancer, living in Rochester. Tedford said Reid was the only child living in the region who could help care for his mother.

Tedford asked for $15,000 bail.

District Attorney Kevin Finnell asked for $50,000 after stating that Reid had two prior parole and two prior probation revocations.

Reid is charged with with robbery, 2nd, assault, 2nd, and three counts of grand larceny.

Scott C. Stine, 48, of York, Pa., is charged with DWI, refusal to take a breath test and moving from lane unsafely. Stine is accused driving drunk after being involved in a single-vehicle accident in the area of 8936 Lovers Lane Road, Pembroke, at 2:32 p.m., Saturday. He was jailed on $20,000 bail. Initial Report.

Jonathan D. Chapman, 40, of Le Roy, is charged with disorderly conduct and resisting arrest. Chapman was taken into custody by Village of Le Roy Police following an alleged domestic dispute on Myrtle Street on Friday night. Chapman was jailed on $500 bail.

Brandy L. Osmancikli, 36, of Alabama, is charged with harassment, 2nd. Osmancikli was arrested by State Police at 11:32 p.m., Saturday, on Lewiston Road in Alabama. No further details were released.

A dog has been struck on Colorado Avenue.

The driver did not stop.

No description of the hit-and-run vehicle is available.

A person is on scene awaiting police in order to help identify and notify the owner.

A 35-year-old Batavia man reported being shot and his wallet stolen as he walked down what he thinks was Indian Falls Road about 5:30 p.m., Saturday.

After being shot and robbed, Carlos Torres called a friend for assistance, who drove him to UMMC. He was transferred from UMMC to Strong Memorial Hospital by Mercy Flight, according to the Sheriff's Office.

He was in surgery at the time the Sheriff's Office released information on the incident at 11:23 p.m., Saturday.

Torres told officials, according to the release, that he believes he was walking on Indian Falls Road when a car pulled up behind him and somebody demanded his wallet. He was then shot in the back and his wallet was taken.

After the suspects left, he continued walking to Route 5, where he called a friend for help.

The Sheriff's Office says Torres was shot twice with a small caliber weapon. His injuries are not believed to be life threatening.

Anyone with information is asked to call the Sheriff's Office at 345-3000.

Police have responded to a report of a fight at the carnival in downtown Batavia.

When the first unit he arrived, the officer reported "quite a fight." He immediately called for an ambulance for a person having a seizure.

A subject was reportedly seen fleeing west on Ellicott Street and crossing the street toward Della Penna's. Police are looking for two white males, with one wearing a white T-shirt.

UPDATE 10:04 p.m.: One of the subjects who fled reportedly dropped a knife. A second fight has reportedly broken out. Two State Police units have been called in to back up Batavia Police.

UPDATE 10:11 p.m.: Mercy EMS was requested to check on a male down behind Alberty's. He reportedly has a head laceration. There is also a report of "all suspects are black males." It's unclear if that's related to all fights or just one of the fights.

UPDATE 10:29 p.m.: One patient transported to UMMC. Police units going back in service. 

UPDATE 8 a.m. Sunday: Reader Adam Lowder submitted the photo above. His description of events follows after the jump:

Adam Lowder's description of events:

I was at the carnival when the fight took place, and I have attached a photo of the aftermath.

First off I would like to say that this carnival was just plain disgusting. The majority of the ride attendants I witnessed were interacting with the patrons; using foul language, leaving their stations for minutes at a time, and one was even smoking a swisher sweet style cigar that he passed to a young patron to hold onto and smoke for a few minutes.

There were groups of unsupervised middle-school aged kids all over.

We were getting ready to leave around ten o'clock when I saw the ride attendant from the “vehicles that go in a circle” kids' ride (black male 20's red hat with goatee) wrap his arms around a black male, belly to belly, and slowly but forcefully push him across the grounds. The attendant was making statements along the lines of, "just leave" and the male being forced back was saying, "did you hear what he said" repeatedly.

After a minute of this and after a few other people involved yelled towards the two men, the ride attendant in red let go of the male who took off towards Jackson St. Seconds later a group of people (prominently if not all black males) took off running in the same direction.

Ten to fifteen seconds later a few more males ran passed me in the same direction. That is when I saw a crowd of observers gathering on Jackson St. and people screaming and yelling.

As I approached the area, I could see a large group of people involved in physical actions (some jumping around, some swinging their arms, some taking pictures with their phones) in the middle of the street.

An officer in a SUV pulled up with his lights flashing and the group quickly scattered. A few more police cruisers quickly arrived on the seen. I did not see the police apprehend any of those involved, or really even attempt to do so. They all came to the man that was left lying in the middle of the street.

A few minutes later, two of the cruisers rushed over towards Rt. 63, and one stopped next to the Salvation Army.

One thing that I am certain of is that some of the ride attendants were involved in this. The one that I mentioned earlier who was smoking the cigar was in the group that ran past me. He was a black male wearing a Kobe Bryant Lakers jersey, and he was running the “Rio Grande Train” kids’ ride.

I stopped to snap this photo as I walked back to my car parked across from O’Lacy’s Bar.

At this point, the injured male was still lying in the road, paramedics had arrived, there was a crowd of people watching, and a couple of officers were standing near the victim watching.

A Batavia man with at least five arrests for various alleged crimes in the past two years now faces a burglary, 2nd, charge for allegedly participating in a home-invasion burglary March 18.

Brandon C. Dodd, 23, who police say does not now list a permanent address, is accused of forcing his way into the home on Vine Street, wearing a bandanna to cover his face, with an accomplice.

Police at the time said the residents of the home fought back, and investigators did not believe the home was selected at random.

Dodd was arraigned and jailed today on $25,000 bail.

His alleged accomplice, Robert D. Wright, 18, of 149 Ross St., was arrested March 26 and charged with burglary, 2nd. At the time of his arrest, he was jailed without bail. His current status is not immediately available.

Dodd's previously reported arrests:

• Aug. 27, 2008: Alleged DWI.
• Feb. 10, 2008: Alleged promoting prison contraband.
• Dec. 23, 2009: Accused of stealing video games from a roommate.
• April 19, 2010: Accused of going to a woman's house and threatening her.
• March 5, 2010: Accused of hitting another man on the side of his head.

David J. Balonek, Jr., 34, of 209 Ross St., Batavia, is charged with criminal mischief, 4th, harassment, 2nd and endangering the welfare of a child. Balonek is accused of getting in a fight with a family member while a child was nearby.

James Edward Brown, 29, of Oakfield, is charged with failure to obey court order, coercion, 2nd and petit larceny. Brown is accused of stealing a mobile phone as part of a domestic incident at 2 a.m., Thursday. He also allegedly violated an order of protection.

Robert R. Richmond, 46, of 250 Ross St., Batavia, is charged with petit larceny. Richmond is accused of stealing money from the cafeteria at UMMC.

Mykeal Bryan Myers, 20, of Alexander, is charged with criminal trespass, criminal mischief and petit larceny. Myers is accused of stealing fuel from the U.S. Gypsum facility at 2754 Pike Road, Alexander.

Daryl Duane Scott, 29, of Rochester, is charged with criminal contempt and aggravated harassment. Scott is accused of calling and texting an ex-girlfriend, violating an order of protection.

Eric D. Johnston, 31, of Batavia, is charged with conspiracy, 6th, and petit larceny; Matthew J. Long, 20, of Le Roy, is charged with conspiracy, 6th, petit larceny and violation of probation. Johnston and Long were arrested by State Police earlier this week in connection from an unspecified incident on March 9. No further details are available.

Jillian A. Schmidt, 19, of Byron, is charged with unlawful possession of alcohol by a person under 21. Schmidt was arrested by State Police for an incident on March 12. No further details are available.

Sherry L. Lewis, 25, of Alabama, is charged with conspiracy, 6th, petit larceny and endangering the welfare of a child; Shannon L. Amidon, 30, of Akron, is charged with conspiracy, 6th, petit larceny and endangering the welfare of a child. Lewis and Amidon were arrested at 5:40 p.m., Wednesday, on Veterans Memorial Drive. No further details available.

Le Roy Police are looking for leads in two residential burglaries on East Main Street in the village over the weekend.

In the first, case a burglar broke into a house while the residents were sleeping. He apparently fled the scene when the residents awoke, but did manage to grab a purse before leaving.

In the second break-in, on Sunday night, the owners were not home. The burglar stole paintings, sports cards and jerseys.

The Le Roy Police are investigating a possible link between these burglaries and a burglary in the town of Williamson in Wayne County and are coordinating with the New York State Police in Wayne County. Evidence and manner of the crimes have led law enforcement to link the burglaries.

Two vehicles were seen in the area that may have been involved. They are a black pickup truck with a cap and a gray minivan seen sitting in the area earlier in the week with two occupants.

Witnesses who have information to share should contact the Le Roy Police Department.

A 45-year-old Holley man is accused of assaulting and robbing a Byron resident of three long guns while in his home at 3:30 a.m., Saturday.

Taken into custody yesterday was Darrell Bruce Reid, of 4 N. Main St., Holley.

Chief Deputy Jerome Brewster said the victim had met Reid a short time before Saturday and the two men were talking in the victim's apartment when Reid allegedly assaulted the victim.

The victim suffered a broken nose and cut above his eye that required stitches.

While the victim had met Reid, he didn't know his full name, which led to the Sheriff's Office taking a couple of days to track down the suspect, Brewster said.

Reid, who was jailed without bail, is charged with robbery, 2nd, assault, 2nd, and three counts of grand larceny.

He is scheduled to return to Byron Town Court at 5 p.m., May 17.

A 19-year-old man is being accused of participating in nine burglaries in Le Roy over the past two months.

Michael J. Hilton, who reportedly has no permanent residence, is charged with one count of burglary, 2nd, two counts of petit larceny, three counts of burglary, 3rd, criminal mischief and attempted petit larceny

The alleged break-ins occurred on Myrtle Street and in two apartment complexes on West Main Street.

The investigation by Det. John Condidorio began in March after a computer, game system and military clothing were reported stolen.

The break-ins apparently took place in the basements of buildings.

Several items have been recovered, according to village police, and the investigation is ongoing. Police are attempting to match the recovered items with the proper owners.

Hilton was jailed on $10,000 cash bail or $20,000 bond.

Jacob James Meinhold, 19, of 2537 Dodgeson Road, Alexander, is charged with two counts each of petit larceny, criminal trespass and criminal mischief. Meinhold is accused of trespassing on the property of U.S. Gypsum, 2754 Pike Road, Alexander, and on two separate occasions, of breaking a lock and stealing fuel. The first alleged incident was on March 23 and the second on March 28. On April 16, it was reported that Meinhold was involved in an alleged burglary.

An Elmira woman accused of killing a toddler from Batavia has been indicted by a Chemung County grand jury on a charge of murder, 2nd.

Melissa S. Englehardt, 24, is also charged with manslaughter, 1st.

Twenty-one-month old Andrew John Cianfrini died while allegedly in Englehardt's care. He was found dead Nov. 10, 2009.

Englehardt is his stepmother, and she allegedly slipped methanol into his drink cup, causing his death.

The grand jury indictment says Englehard showed "a grave indifference to human life" as part of the murder, 2nd count.

She remains in a Chemung County jail and her bail has been increased from $20,000 to $100,000.

Andrew lived with his mother, Kristen Cianfrini, in Batavia.

The child's father is George Englehardt.

Joshua Cordero McIver, 22, of 130 Third Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver is accused of entering Pine Hall at College Village after being banned from the premises. He was jailed on $1,000 bail. Last week, McIver was arrested for allegedly trespassing at College Village. At the beginning of April, McIver was arrested for allegedly trespassing at College Village. In January, a Joshua C. McIver was arrested at College Village and charged with unlawful possession of marijuana.

Devonte Andreas Rolle, 18, of 136 Bank St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Rolle allegedly made a threatening phone call to a person. After the phone call, Rolle allegedly punched that same person in the face several times. Rolle was arrested by Deputy Frank Bordonaro on Haven Lane in the Town of Batavia at 6:40 p.m., Saturday.

Ryan David Wood, 18, of 6 Prospect Ave., Batavia, is charged with unlawful dealing with a child. Wood is accused of hosting an underage drinking party at 8219 Prole Road Extension, Stafford. He was arrested at 1:04 a.m., Saturday by Deputy Jason Saile.

Kyle Ramone Lewis, 23, of 253 Albermarle St., Rochester, is charged with aggravated unlicensed operation, 3rd. Lewis was turned over to the Genesee County Sheriff's Office by Erie County Correctional Dept. to answer charges out of the town of Batavia and Byron. Following arraignment in Byron, he was arraigned in Batavia. Byron Court set bail at $250 and Batavia set bail at $100.

Andrew John Rock, 23, of 7 Fisher Park, upper, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and controlled substance not in the original container. Rock was stopped by Deputy Patrick Reeves at 8:06 p.m., Friday, on Route 33, Stafford. Reeves found Rock allegedly in possession of hallucinogenic mushrooms, hydrocodone and marijuana.

Jacob Edmend Lamberston, 21, no permanent address, is accused of being a fugitive from justice. Lamberston was arrested by Le Roy Police after being found in an apartment by Sgt .Michael Hare, who was investigating an unrelated matter. A check of records found that Lamberston is allegedly wanted in Seminole, Fla., for a violation of probation.

Jesse Eric Reidel, 18, of 2605 Dodgeson Road, Alexander, is charged with burglary, 3rd. Reidel is accused of using force to enter the Oil Doctor, 4003 W. Main St. Road, Batavia, where he allegedly stole vehicle-inspection stickers. The alleged break-in occurred on Dec. 7 around 10 p.m.

Michael J. Walters, 49, of Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Walters was stopped by State Police at 9:46 p.m., Saturday, on Angling Road in Pembroke.

Lindsey L. Palmeri, 20, of Rochester, and Richard L. Jackson, 22, of Rochester, are both charged with unlawful possession of marijuana. Palmeri and Jackson were stopped by State Police on Route 77, Pembroke, at 4:05 p.m., Friday.

Accidents from the State Police blotter:

5:50 p.m., April 24, Sandpit Road, Alexander, one vehicle; Driver 1: Melissa Sachanowski, 26, of Alexander. No injuries reported.

10:59 a.m., April 23, Batavia-Oakfield Townline Road, Batavia, two vehicles: Driver 1: Aken V. Wariebi, 44, of Rochester; Driver 2: David M. Baran, 44, of Williamsville. One injury reported.

6:16 p.m., April 24, mile marker 401.5, eastbound Thruway, Pembroke, one vehicle; Driver 1: Thomas A. LaBelle, 41, of Wynanstkill. No injuries reported.

12:23 a.m., April 25, mile marker 384.4, westbound Thruway, Stafford, one vehicle; Driver 1: Mark A. Halla, 53, of Amherst.

Because state law already regulates the residency of convicted sex offenders, Batavia cannot legally enact its own residency restriction, City Attorney George Van Nest informed the City Council this week.

In a memo included in the agenda package for Monday's City Council meeting, Van Nest said that because state law gives the Division of Parole and Division of Probation the responsibility of establishing residency restrictions, local governments are preempted from establishing their own rules.

The state Constitution specifically prohibits local governments from passing laws that are already covered in New York statutes.

Van Nest cited several cases that have invalidated local laws for sex offender residency, and noted that none of the cases have been heard by an appeals court.

"Based on the foregoing," Van Nest writes in the conclusion, "although passage of a local law may be viewed in isolation to have merit, a comprehensive scheme of New York State statutes already exist in this area and such State legislation will be viewed as a basis to find preemption. In addition, there are significant constitutional challenges that might be brought against a local law adopting residency restrictions.

"Therefore, in the event the law is passed, enforcement action is taken by the City and a third party challenges the law, it is likely that the City will be forced to expend resources defending a local law that will ultimately be deemed in effective by a reviewing court."

A man with a lengthy criminal record will need to come up with $250,000 if he wants to get out of Genesee County jail while waiting for his criminal case on a stolen truck charge to proceed.

Judge Robert Noonan said grand larceny, 3rd, charge normally warrants a chance for a defendant to make bail, but given the criminal record of Carl Rivers, a pretty stiff bail or bond is in order.

Rivers can either post $250,000 cash or get a bond for $500,000, Noonan said.

The tall, lanky defendant, dressed in orange jail garb and shackles, was clearly not pleased in court today when Noonan issued the bail order. He flipped his head and shoulders back and made a kind of clucking sound.

Prior to imposing bail, Noonan read a bit of his criminal history -- five felony convictions in New York and criminal convictions in four other states, Noonan said.

Assistant District Attorney Kevin Fennel said Rivers has a history of not following release orders when he has been let out of jail.

On March 19, a pickup truck in Oakfield was reportedly stolen and Rivers is the suspect.