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Batavia man convicted in check-cashing scheme

By Howard B. Owens

Today, a jury took less than 30 minutes to decide the case of Leon C. Bloom, 27, of Batavia.

The jury found Bloom guilty of grand larceny, 4th.

According to District Attorney Lawrence Friedman, Bloom cashed two checks, and attempted a third, from a closed HSBC account at Tonawanda Valley Federal Credit Union on March 17, 2009.

The checks came from a closed account belonging to Jessica Langmaid-Culver, who distributed the checks to friends. Langmaid-Culver pled guilty last week to grand larceny, 3rd. The cashed checks that came from her account exceeded $6,000.

A total of 10 checks were cashed from the closed account.

Langmaid-Culver's husband, Thomas Culver, is charged with grand larceny, 4th. His trial is set for July, with a plea cutoff date of May 14.

Friedman said that Bloom entered the credit union three times on March 19, dressed slightly differently each time, and presented checks in numerical sequence, 164, 165 and 166. On this third attempt, a teller became suspicious and went to get a manager, at which time Bloom left the building.

This is Bloom's second felony conviction. He faces a possible prison term of one-and-a-third-to three years, or a two- to four-year term.

Sentencing is scheduled for June 3.

Police Beat: Woman accused of not supervising children

By Howard B. Owens

Julie B. Wescott, 27, of 335 Bank St., Apt. B3, Batavia, is charged with endangering the welfare of a child and unlawful possession of marijuana. Wescott was arrested at 3:50 p.m., Tuesday, by Officer Matt Baldwin after an investigation revealed Wescott allegedly failed to provide adequate supervision for two children.

Keith Joseph Lyman, 36, of 217 Bank St., Batavia, is charged with criminal contempt. Lyman is accused of violating an order of protection. He was arraigned in Town of Oakfield Court and jailed on $500 bail.

Ranzenhofer and Hawley support Leandra's Law, but recognize new burden on county

By Howard B. Owens

Genesee County's two elected state legislators applaud the get-tough-on-drunken-driving provisions in Leandra's Law, even while saying they need to work toward making the new law less burdensome on local government.

While county officials raised a number of objections to a provision of the law that will require all drivers convicted of DWI to install an ignition interlock device, both Sen. Mike Ranzenhofer and Assemblyman Steve Hawley said that was an aspect of the new law they fully supported.

Razenhofer pointed to the county probation's chief, Julie Smith, who said interlock devices are effective at stopping drunk drivers from getting behind the wheel.

"I knew it (the provision) was in there and I thought it was a good idea," said Ranzenhofer. "It's supposed to be a deterrent to keep drunks off the road. The point is to keep the person off the road so he doesn't kill, maim or harm other individuals."

Hawley said if people are going to drink and drive, when they're convicted, the need to "pay the price."

"The alternative," he said, "is to go to jail, and that is an alternative."

Both Ranzenhofer and Hawley said they are talking with Genesee County officials and trying to find ways to address their concerns, but Hawley also said of all the counties he represents, only Genesee is raising vocal objections. The other counties, he said, indicated they can find a way to accommodate the provisions of the law.

Hawley said he wants to see if it's possible to delay implimenation so counties with concerns can find ways to get them addressed.

Neither Hawley nor Ranzenhofer expressed a lot of sympathy for the spouse of a person convicted of DWI who might also be required to start blowing into a tube to start his or her car.

"My sympathies lie with the victims, the people who are hurt or killed by drunken drivers," Ranzenhofer said.

As for the cost, Hawley said the county shouldn't pay for these devices if someone convicted of DWI can't afford it.

"If they can afford the alcohol, and they can afford the insurance, and they can afford the car, then they can certainly afford the device," Hawley said. "If not, they have to get rid of their cars."

Mother and grandmother accused of keeping child in squalor appear to be working toward clean up

By Howard B. Owens

Two women who are charged with endangering the welfare of a child for allegedly having a 2-year-old living in squalor are apparently being given a chance to clean up their act.

A neighbor says the child appears to be still living at the home on 3181 Dodgeson Road, Alexander, which yesterday had a Dumpster filled with trash parked in the driveway.

The home is owned by Lynda Rae Morrill, the 44-year-old grandmother charged in the case. She purchased the 1,288-square-foot home from Habitat for Humanity in October, 2003, according to public records. The home, which sits on more than an acre of land, is assessed at $131,900.

A neighbor, who said the yard was quite a mess before the clean up started -- she doesn't know what it was like inside -- said she believes six adults have been living there. She said she was told that Morrill and her daughter, Lisa Rene Richmond, 22, have been given 30 days to clean up the residence.

Eileen Kirkpatrick, commission of the Department of Social Services, said she can't discuss the specific case, but she did talk about general practice in child-welfare cases.

She said when a complaint comes in, there is an investigation, with Child Protective Services trying to determine whether the issue of the complaint -- such as a child not showing up for school -- is the extent of the problem, or if there are other issues in the home, such as abuse.

Child Protective Services does try to work with parents to correct problems, she said, rather than just take the child away.

"It's our job to try and fix the problem," Kirkpatrick said. "We make all attempts to try and keep the child in the home. We try to keep families intact."

If the problem isn't fixed, then the issue can be brought to Family Court.

Jessica M. Maguire-Tomidy, executive director of Habitat for Humanity of Genesee County, said prospective Habitat home recipients go through an extensive background check. Not only must the applicant meet financial requirements, but references -- including landlords -- are checked.

"After their application is taken, we do a credit check, a criminal background check, a home visit, and send out landlord and employment references to be completed by individuals the family works for and has rented from," Maguire-Tomidy said in an e-mail. "We review all of the above to determine need for decent housing, and willingness to partner with us. Should we feel that they would be a good match for our program, we ultimately take our recommendation to the Board of Directors for a voted approval as a Habitat partner family."

Home recipients do more than pay for the house, they must also work 300-500 hours on the construction of the building.

She said she couldn't discuss any specific recipient.

"We try very diligently to pick the right families, and this is a stringent screening process," Maguire-Tomidy said. "For about every 15 families that come to apply to our program only one will ultimately qualify for recommendation to the Board of Directors."

Police Beat: Man arrested for second time for allegedly trespassing at College Village

By Howard B. Owens

Joshua Cordero McIver, 22, of 130 Third Ave., Apt. 18H, Brooklyn, is charge with criminal trespass, 3rd. McIver was reportedly barred from College Village on Feb. 22. He was reportedly arrested for trespassing on April 1. Then, on Monday, Mciver was allegedly found again at College Village, this time hiding under a desk covered by a bed comforter in Pine Hall.

Nicholas A. Darrow, 19, of 13192 Broadway Road, Alden, is charged with petit larceny. Darrow is accused of shoplifting from The Rez Smoke Shop.

County faced with big expense related to new drunken driving law

By Howard B. Owens

Starting in August, any driver convicted in New York of driving drunk will have to install a device that prevents the car from starting if he or she can't pass a breathalyzer test.

The new requirement was apparently a provision in Leandra’s Law, the legislation passed and signed into law last fall in less than 30 days following the death of a young girl who was a passenger in a car driven by a drunken driver.

Not only will the device be required in the primary car of the convicted drunken driver, but also any car that the driver might even occasionally drive, or have access to drive (work vehicles are exempted).

That means, husband gets convicted of DWI, both his wife's car and his teenage daughter still living at home will need to have the devices installed. The interlock-ignition device is designed to prevent a car from starting if the driver blows a .02 or higher. It will also randomly require a driver to blow in the device as the person is driving to help ensure a friend didn't blow in it to get the car started initially (example photo here).

"Since when do we start punishing innocent people?" said Assistant County Manager Frank V. Ciaccia during the Monday meeting of the Public Safety Committee. "These are people who weren’t convicted of anything. Now every morning they get in a vehicle they’ve got to blow into this thing to get the car to start?"

County officials are most concerned about the additional costs associated with the legislation, which could reach into the hundreds of thousands of dollars.

There are some 360 DWI convictions in Genesee County each year, according to County Manager Jay Gsell. Only about 40 percent of those drivers convicted are placed on probation. The rest are given a conditional release.

While those on probation will mean additional supervisory responsibility for the county's probation department, the other 60 percent on conditional release will now require additional supervision for which there is little provision in the county budget to provide.

Additionally, judges will be asked to make a determination -- based on state-provided guidelines -- on whether a convicted drunken driver can afford the device. If he can't, the county will pick up the tab.

Each device costs $100 to install and $100 per month to maintain.

In Genesee County, there could be as many as 450 to 500 of these devices installed, and nobody can estimate at this time how many will be paid for by taxpayers.

Funded or not, all will need to be monitored by county probation, Genesee Justice or some other county agency (the new law doesn't specify who will be responsible for monitoring compliance).

Gsell said Assembly and Senate representatives throughout the state are crying ignorance of these new provisions -- they just thought they were cracking down on drunken drivers with kids in the car.

"What apparently most of the legislators did not know is that this law went beyond just DWIs with a 15-year-old or younger in their car," Gsell said. "It applies to all DWIs. None of the legislators we've talked to understood when we've asked them to please look at this. They were clueless almost to a statewide unanimous number."

It's hard to believe, though, that legislators in Albany weren't fully aware of these provisions. The bill, Govenor's Program Bill 204 (pdf), is only 25 pages long with all of the new provisions conveniently underlined. Most of code section being amended deals with ignition locks and the new language clearly specifies both the "owner or operator" aspect and numerous times the additional phrase "conditional release" is added. The only way to miss its full scope, is to not read the bill at all.

Even if a legislator just read the cover memo (pdf), the first paragraph clearly states, "In addition, this bill requires all individuals convicted of a misdemeanor or felony DWI offense to install and maintain an interlock device."

Julie Smith, director of County Probation, said the devices are effective deterrents to drunken driving -- there are a few in use in the county now -- but it's unclear how much of an extra burden the revised law will put on her department. She also pointed out that all enforcement action the courts and probation take are based on statistical evidence about risk levels and the nature of the crimes. This new law doesn't make those distinctions.

“Here we have something that uses no evidence based practice," Smith said. "Whether it’s your first DWI or your fifth, you’re getting it.”

Gsell said that while there may be complaints about spouses being required to blow into a machine to start their cars, the loudest complaints will when somebody who was supposed to be prevented from driving, manages to drive drunk anyway.

"When someone doesn’t get the notification (the device manufacturer may not be able to notify the county of a device failure for five to 10 days), and two days after it failed to operate, disables the device and goes out, still gets drunk, still kills someone -- that’s when all hell is going to break loose," Gsell said.

The committee asked that a resolution asking for the law to be amended be presented at Wednesday's Ways and Means Committee meeting.

Such a resolution would mirror what is happening elsewhere in the state, where county legislatures, as they learn about the law, are taking steps to oppose some of its provisions. Examples can be found in Greene County and Essex County.

Legislator Jay Grasso, a former Sheriff's deputy, said he made more than 300 DWI arrests in his law enforcement career, but he doesn't see the need to put these devices in the cars of first-time, misdemeanor DWI offenders.

“I have no objection, in theory, to an interlock device for the multiple offender, for the felony offender," Grasso said. "To do this for that first-time offender – and I’m not excusing them, because I certainly locked them all up – who goes to the wine tasting, who goes to the carnival, and has a few too many and gets arrested, he's not gong to be your repeat offender. But that multiple guy, yeah, let’s put the interlock device on him."

Legislator Ray Cianfrini wanted to know if there was any way the county could just not enforce this "unfunded mandate," but, he was told, there's probably no way around it.

“This is a perfect example of a good law gone wild," Cianfrini said. "I’m so angry when I hear this now."

Pictured are Julie Smith and Frank Ciaccia

Grand Jury Report: Bank teller indicted on grand larceny, other charges

By Howard B. Owens

Tracy L. Smith, is charged with 12 counts resulting from an alleged scheme to steal money from the Bank of Castile in Le Roy.

The counts:

  • Grand larceny, 3rd, for allegedly stealing $20,000 from a Brinks delivery some time between Sept. 13, 2005 and June 12, 2008.
  • Forgery, 2nd, for allegedly altering a savings withdrawal slip of a bank customer on Nov. 16, 2009.
  • Grand larceny, 3rd, for allegedly stealing $7,000 from the same bank customer.
  • Forgery, 2nd, for allegedly altering a check written by a bank customer on Nov. 19, 2009.
  • Grand larceny, 4th, for allegedly stealing $3,000 from the same bank customer.
  • Forgery, 2nd, for allegedly altering a check written by a bank customer on Nov. 19.
  • Forgery, 2nd, for allegedly altering a deposit slip written by the same bank customer on Nov. 19.
  • Falsifying business records, 1st, for allegedly making a false entry in the daily night deposit log on Nov. 30, 2009.
  • Grand larceny, 3rd, for allegedly stealing $10,000 on Dec. 16, 2009.
  • Falsifying business records, 1st, for allegedly using a bank instrument illegally on Dec. 16, 2009 to withdraw $10,000.
  • Falsifying business records, 1st, for allegedly making a false vault inventory log on Dec. 16, 2009.
  • Grand larceny, 3rd, for allegedly stealing $5,000 some time between Sept. 14 and Dec. 22, 2009.

For previous coverage, click here.

Stuart P. Newbould, is indicated on a felony count of DWI and with  a felony count of driving with a BAC of .08 or greater. Newbould is accused of driving drunk on Jan. 8, 2010, on South Holley Road, Byron.

Darryl J. Lippert is indicated on felony count of DWI and a felony count of driving with a BAC. of .08 or greater. Lippert is accused of driving drunk on Jan. 2, 2010 on Route 20 in Alexander.

Two men indicted on theft charges enter not guilty pleas

By Howard B. Owens

Two men recently indicted by the Grand Jury of alleged property crimes entered not guilty pleas today.

Bryan M. Hargrave is charged with three counts of burglary, 3rd, criminal mischief and petit larceny.

Hargrave is accused of breaking into businesses in Pavilion and the Town of Batavia on Sept. 23.

Carl Rivers, is accused of stealing a 2000 Chevrolet Silverado on March 19, 2009, in Oakfield. He is charged with one count of grand larceny, 3rd.

Hargrave is out of jail under supervision of Genesee Justice. 

Rivers is in jail without bail, but will have a bail review on Thursday. He has prior felony convictions, according to his attorney, Gary Horton. 

Hargrave and Rivers are accused of completely unrelated crimes. Their cases happened to be on the docket back-to-back today.

Police Beat: Grandmother and mother accused of keeping child in squalor

By Howard B. Owens

Lisa Rene Richmond, 22, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Richmond is accused of maintaining squalid living conditions with her 2-year-old son living at the house. Department of Social Services and Child Protective Services are following up on the case.

Lynda Rae Morrill, 44, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Morrill is accused of allowing her 2-year-old grandson to live in squalor.

Leslie G. Cannon, 46, of 9022 Linwood Road, Le Roy, is charged with unauthorized use of a vehicle, 3rd. Cannon is accused of borrowing a car and then refusing to return it at the agreed upon time.

Shannon Victoria Albano, 25,  of 1523 Friedman Road, Darien, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Albano was stopped at 1:03 a.m., Monday, on Griswold Road in Darien by Deputy Jason Saile.

Javonie E. McKinney, 36, of 705 Viking Way, Brockport, is charged with DWI, aggravated unlicensed operation, improper lane change and leaving the scene of an accident. McKinney was driving on Bank Street in Batavia at 12:40 a.m., Saturday, when he allegedly struck a utility pole. He then allegedly drove from the scene and was located later at Bank and North streets.

Brandon C. Dodd, 23, of 41 Maple St., Batavia, is charged with harassment, 2nd, Dodd is accused of going to the house of a woman and threatening to hurt her. He was jailed on $2,000 bail.

Summer Marie Morley, 26, of 36 Exchange St., Apt. C, Attica, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morley was stopped at 12:45 a.m., Saturday, by Deputy Jason Saile on Route 238 in Darien.

Tiffany M. Miller, 20, of Rochester, is charged of petit larceny. Miller was arrested by State Police at 2:11 p.m., Friday, at Kmart.

A 17-year-old from Batavia is charged with criminal mischief and criminal contempt. The youth was arrested in Batavia by State Police at 6:50 p.m., Friday.

Brandon M. Culliton, 23, of Batavia, is charged with unlawful possession of marijuana and DWI. Culliton was stopped by State Police at 9:10 p.m., Thursday, on Route 262 and Bank Street Road, Byron.

David R. Elliott, 20, of Wyoming, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and possession alcohol by a person under 21. Elliott was arrested by Le Roy Patrolman Daryl Robb following an accident in which a car reportedly driven by Elliott struck a utility pole on South Street.

Police Beat: Three Clinton Street residents arrested following child-welfare investigation

By Howard B. Owens

Cassi Ann Schutt, 23, of 111 Washington Ave., lower, Batavia, is accused of criminal possession of a controlled substance and endangering the welfare of a child. Deputies came into contact with Schutt as the result of an investigation into two young children found wondering on Route 33 at 9:05 a.m., Wednesday. Schutt is accused of keeping the children in a situation that was unfit and improperly supervised.

Lonnie Ann Fairbanks, 43, of 5263 Clinton St., Apt. 1, Batavia, is charged with criminal possession of a controlled substance and unlawful possession of marijuana. Deputies came into contact with Fairbanks while investigating a possible endangering-the-welfare -of-a-child case at 5263 Clinton St. Road. Deputy Brian Thompson reports that he found Fairbanks allegedly in possession of Schedule IV Propoxyphene and marijuana both in the residence and in her car. Thompson reports the alleged drugs were in plain sight.

Jay Daniel Lucas Schutt, 22, of 2 Gas Lite Lane, Batavia, is charged with criminal impersonation. Schutt allegedly gave deputies a false identity and fake birth date during an investigation on Clinton Street Road into a case of two children found wandering on Route 33. Schutt allegedly gave a false identity because he is accused of deserting from the Army. Schutt was turned over to the Army for transport to Fort Drum.

Jacob James Meinhold, 19, of 2537 Dodgeson Road, Darien, is charged with burglary, 3rd. Meinhold is accused of gaining forced entry to the Oil Doctor and stealing NYS certificates of inspection.

Edward Frank Finnin, 43, of 4063 W. Main St. Road, Room 6, Batavia, is charged with exposure of a person. Finnin is accused of urinating in public at 12:55 p.m., March 20, outside the Metro Mattress store on Veterans Memorial Drive.

Tonya E. Smith, 38, 3582 Lockport Road, Oakfield, is charged with criminal contempt, 2nd. Smith is accused of sending letters to a protected person in violation of a stay-away order.

Grand Jury Report: Three counts of burglary brought against Le Roy man

By Howard B. Owens

Bryan M. Hargrave is indicted on three counts of burglary, 3rd, criminal mischief and petit larceny.

Hargrave is accused of the following crimes:

  • On Sept. 23, breaking into Pavilion Drainage, 6630 Route 63, Pavilion, and stealing $60.
  • On Sept. 23, breaking into B.W.'s Bar, 11070 Perry Road, Pavilion, and stealing an iPod, laptop computer and money.
  • On Sept. 23, breaking into the Willow Bend Inn, 3489 W. Main Street Road, Batavia, and stealing $75 and two bottles of liquor.

For previous coverage of Hargrave, click here.

Carl Rivers is indicted on one count of grand larceny, 3rd. Rivers is accused of stealing a 2000 Chevrolet Silverado on March 19, 2009, in Oakfield.

Youth who allegedly ran from police admits to violation of probation

By Howard B. Owens

Christopher A. Laird faces a possible three years in state prison after pleading guilty today to a violation of probation.

Local law enforcement had been looking for the 17-year-old since he failed to report to Office of Children and Family Services on Jan. 4. He was listed as "wanted" by the Genesee County Sheriff's Office on Feb. 2.

On April 2, Laird was reportedly spotted in the State Street and North Avenue area of Batavia, which led to a multi-agency search for him, including use of the State Police helicopter.

In accepting Laird's plea, Judge Robert C. Noonan informed the youth that the maximum sentence available under terms of a plea agreement with the District Attorney's office is a revocation of probation and a one- to three-year prison term.

Laird may still face a charge filed last week of obstruction of governmental administration for allegedly running from police on April 2. Public Defender Gary Horton said he believes that charge will be wrapped into the violation of probation case.

At one time, Laird was charged with burglary, 2nd, according to the Sheriff's Office. He is on probation for a case that was adjudicated as "youthful offender," which means whatever crime Laird may have admitted to that led to his probation doesn't stand as a criminal conviction. Horton said he wouldn't discuss the matter because of the youthful offender status, so it's unclear if the probation stems from that burglary, 2nd, charge or some other possible offense.

Le Roy man accused of keeping friend's car without permission

By Howard B. Owens

A Le Roy man who allegedly borrowed a car from a friend and didn't return has been arrested and charged with unauthorized use of a motor vehicle.

Taken into custody on a warrant issued on Feb. 5 was Michael J. Vanbuskirk, 36, of 7930 E. Main Road, Le Roy.

He's also been charged with criminal possession of a controlled substance after a search. Det. John Condidorio said the man allegedly possessed crack cocaine in a backpack he was carrying at the time of his arrest.

Condidorio said he found Vanbuskirk on Munson Street yesterday.

Police Beat: Witness follows alleged erratic driver to Elba, leads to arrest

By Howard B. Owens

Emily Rose Wells, 25, of 139 S. Main St, Apt. #1, Albion, is charged with driving while impaired by drugs and moving from lane unsafely. Wells was stopped at the Yellow Goose in Elba after a witness phoned in a complaint about an erratic driver on Route 98 in Barre. The driver allegedly struck a guardrail. The witness followed the car to Elba.

Kate Elizabeth Brozic, 26, of 671 Ogden-Parma Townline Road, Spencerport, is charged with DWI and aggravated DWI (driving with a BAC of .18 or greater). Brozic was arrested after Deputy Eric Seppela was dispatched to Route 33 in Stafford to check on a vehicle parked on the roadside.

Accidents reported on the State Police blotter:

8:36 p.m., April 11, Coe Avenue, Oakfield, two vehicles; Driver 1: Christopher M. Ames, 38, of Oakfield; second car was parked. No injuries reported.

8:19 p.m, April 11, Thruway, mile marker 384.5, Stafford, one vehicle; Driver 1: Steven J. Flowers, 19, of Cheektowaga. No injuries reported.

12:23 a.m., April 12, Thruway, mile marker 380, Le Roy, one vehicle; Driver 1: Adam D. Thurman, 29, of Tonawanda. No injuries reported.

Batavia merchants hit by rash of fake $50 bills

By Howard B. Owens

It's a growing problem around the United States -- criminals have figured out how to chemically wash the ink off of $5 bills and reprint them as $20, $50 and $100 bills.

Now the crime has come to Batavia.

Det. Kevin Czora said that nine local businesses have been hit by bogus $50 bills. He expects more reports to come in.

It's early in the investigation, Czora said, so he doesn't yet have a total of how much fake currency has been passed in the city.

The bills get by some employees and shop owners because they will pass a pen test -- they are, after all, printed on legitimate U.S. currency paper.

The fake bills, however, are not completely undetectable. There remains a security strip embedded in the bill that says USAFIVE.

The U.S. Treasury Department also maintains a Web site with information on currency printing and how to detect fakes.

One alleged counterfeiter in the Dallas-Fort Worth area reportedly said he produced more than $10,000 in fake bills.

He even bragged about how good the bills looked.

"These bills here are good enough that I think they could have passed," Runge said. "Some of these bills will stay in circulation for quite a while."

A Google search shows that such fake bills are showing up all around the country. There was an arrest recently in Buffalo of a person who allegedly used a fake $50 bill, but the Buffalo News story doesn't mention whether the bill was a washed $5 bill or if some other method was used.

Det. Czora said businesses owners and employees should be extra vigilant when accepting large denominations and to report any suspicious transactions to the City of Batavia Police Department at 345-6350. Descriptions of suspects and their vehicles should be reported as soon as possible to assist the investigation.

Photos: Above, one of the fake $50 bills passed at a local business; below, a surveillance-camera picture of a subject wanted for questioning in the case.

Second check of fingerprints turns up Le Roy burglary suspect

By Howard B. Owens

A former Le Roy resident is accused of breaking into a business in the village 11 months ago and stealing money.

Det. John Condidorio made the arrested based on fingerprints the alleged burglar left behind.

Eleven months ago, investigators could not find a match in the State Police database for the latent prints lifted from the scene of the burglary.

But a second check recently found an apparent match to Nicholas S. Dellarocco, 22, currently residing at 1232 Latta Road, Greece.

Dellarocco was reportedly arrested not long ago for another alleged burglary in Monroe County. At that time, he was fingerprinted and his prints added to the state database.

He's been charged in Le Roy with burglary, 3rd, petit larceny and criminal mischief.

The alleged break in occurred May 3, 2009. A local business owner reported that someone broke into the building, damaging doors to gain entry and damaging a cash register in a quest for money. Whomever broke in did find money in a second cash box inside the business.

Dellarocco was arraigned and jailed on $5,000 bail.

Another State Street burglar sent to prison

By Howard B. Owens

One of the group of men who admitted to breaking into a home on State Street in September is going prison for seven years.

Joseph D. Dash, 24, has an extensive criminal history going back to 2002, according to his defense attorney, Fred Rarick. As part of his plea agreement, Dash's participation in two other burglaries -- one on Maple Street and one on Pringle Avenue -- were not charged.

Rarick asked Noonan for a five-year sentence, saying that the sentence with a five-year supervised release would give Dash a chance to get his life back on track.

Noonan said that with Dash's prior violent felony conviction and the other two non-charged burglaries, the maximum sentence available to him was the appropriate option.

"You're lucky your attorney negotiated a good agreement so that all you’re charged with is a D felony, so the most I can impost is a seven-year sentence," Noonan said.

Dash and 18-year-old Dillon Brito admitted to their roles in the State Street burglary. Reginald M. Wilson, 37,was convicted by a jury last month. Brito was sentenced to three years in prison. Wilson is scheduled for sentencing on May 12.

A fourth suspect, Quentin L. Gibson, 25, still faces charges for his alleged participation in the State Street burglary.

Police Beat: Alleged underage drinking party leads to charges against seven people

By Howard B. Owens

Frankie McQueen, 19; Nickol Burnett, 19; Erick Horning, 20; David Klecker, 18; Joseph Striegil, 19; Christopher King, 18; Andrew Wright, 19, are charged with possession of alcohol under 21 years of age. Batavia Police reportedly responded to a complaint of a loud party with possible underage drinking at Woodstock Gardens Apartments. Allegedly, McQueen was hosting a party where people under 21 were consuming alcohol. McQueen was also charged with criminal nuisance.

Crystal L. Goodrich, 26, of 1090 Water St., Apt 1, Perry, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to stop at stop sign, operating while registration suspended, operating without insurance and unlicensed operator. Goodrich was stopped at 1:56 a.m., Saturday, on Perry Road in Pavilion by Deputy Howard Carlson.

Jared Christopher Dawe, 22, of 6469 Swamp Road, Lot #39, Byron, is charged with unlawful possession of marijuana. Dawe was allegedly involved in a domestic dispute at 1:54 a.m., Saturday, with his girlfriend. During the investigation by Deputy Frank Bordonaro, Dawe was allegedly found to possess marijuana.

Amy Lou Platten, 40, of 337 Main Road, Pembroke, is charged criminal contempt, 2nd. Platten is accused of contacting a person she was ordered not to contact.

Leon James Pocock, 36, of 83 S. Lake Ave., Studio 1, Bergen, is charged with criminal contempt, 2nd. Pocock is accused of violating an order of protection by texting a person he was ordered not to contact.

Bryan P. Umlauf, 24, of Batavia, is charged with unlawful possession of marijuana. Umlauf was issued a ticket by State Police in Le Roy at 2:10 p.m., Saturday.

Timothy J. Tryjankowski, 31, of Alabama, is charged with DWI and aggravated unlicensed operation. Tryjankowski was stopped by State Police at 5:30 a.m., Sunday. He was jailed on cash bail.

Jeremy D. Lyons, 25, of Oakfield, is charged with trespass and aggravated unlicensed operation, 2nd; and, Robert J. Spenton, 24, unknown address, is charged with trespass. Lyons and Spenton were charged by State Police for an alleged incident March 31 at Park Avenue and Route 63. No further details were released.

Patrick J. Puccio, 36, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Puccio was charged by State Police follow a one-vehicle accident 3:20 a.m., Saturday, on Reuben Road, Alabama.

Amy L. Brown, 37, of Batavia, is charged with grand larceny, 3rd. Brown was arrested by State Police on Thursday in connection with an alleged incident on Jan. 13. No further details are available.

Accidents from the State Police Blotter:

2:17 p.m., April 9, Thruway, mile marker 375.5, two vehicles; Driver 1: Jennifer P. Gebbie, 42, of Rochester Hills, Mi.; Judith E. Corbin, 55, of Springwater. No injuries reported.

Sliding Otter News- Reconsidering The Crime Of Punishment

By Joseph Langen

 

Tower of London

~The danger is that, instead of understanding, we only seek to quell~
Karl Menninger

Should we lock up criminals so they can’t offend again? Should we penalize them so they learn from their mistakes? Should we punish them to make up for what they did to others? Carl Menninger considered these and other questions when he took stock of the criminal justice system, psychiatry and our national response to crime and criminals in 1966.

His book, The Crime of Punishment, was recently republished. Has anything changed since 1966? In some ways, yes. Prisons have been modernized. Alternatives to incarceration have appeared. Specialized courts seek to understand the needs of the chemically addicted, the mentally ill and veterans among others. But do we know any more about crime and criminals than we did in the nineteen sixties?

Despite his exhaustive treatment of the topic, Menninger admitted that he was not capable of saying what motivated criminal acts and doubted whether anyone else could either. When asked, the best criminals can manage is, “It seemed like a good idea at the time.”

If we don’t know what motivates crime, how can we prevent or minimize it? A good question but one which does not trouble most of us. As a society, we think more about the deeds than those who commit them. We quickly turn our thoughts to the best punishment for each crime.

But what does punishment accomplish? We hope to deter future crime by the threat of punishment. We hope convicts will mend their ways. We hope victims will feel vindicated. Unfortunately none of these seems to happen as a result of the noble efforts of our criminal justice system on our behalf.

If punishment does not work, what does? Maybe we need to return to where crime begins, in the human mind. What happens in the minds of criminals remains largely a mystery, even to themselves. We do have some hints though.

We know that many criminals feel powerless, hopeless and frustrated. They have very little sense of personal value. Crime, particularly the violent type, gives criminals at least a fleeting sense of power and control in their lives. For a few minutes they feel competent. Long term consequences don’t enter the picture since the future is usually bleak for them anyway.

I don’t suggest that we excuse criminals’ actions due to their shortcomings or release them from responsibility for their actions. But crushing their spirit only increases their tendency toward continued violence. Killing them only makes us a more violent society.

We love to hate those who get caught committing crimes. We see it a little differently if we know the person involved, or if by some chance it is us. We make allowances for their life situation or difficulties. Specialized courts for certain populations have lowered recidivism rates considerably among these groups. Perhaps understanding the circumstances of other criminals can reduce our overall crime rate.

Life Lab Lessons

  • What keeps you within legal boundaries?
  • What would push you over the edge?
  • Do you seek vengeance for being wronged?
  • What does it do to your spirit?
  • Try letting go and living in the present.

Police Beat: Rochester man accused of carrying crack cocaine in the city

By Howard B. Owens

Joshua K. Williams, 18, of 4 Laura St., Rochester, is charged with criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana. Williams was reportedly a passenger in a car stopped for alleged traffic violations at 12:50 a.m., Thursday, by Officers Daniel Coffey and Frank Klimjack on Clinton Street. During the stop, it was discovered that Williams allegedly had three outstanding arrest warrants. During a search, officers say they found crack cocaine and marijuana. Possession of controlled substance in the third degree carries the allegation that there was an intent to sell the substance.

Michael Lynn Bropst, 39, 3 1/2 Tracy Ave., upper, Batavia, is charged with unlawful possession of marijuana. Bropst was stopped by Deputy Brian Thompson at 12:45 p.m. on March 26 on Route 33 for alleged tailgating. Bropst was allegedly found in possession of marijuana during the traffic stop.

Thomas F. Rudolph, 18, of Batavia, is charged with unlawful possession marijuana. Rudolph was arrested at 4:36 p.m., Wednesday, by State Police in the Town of Batavia. No further details were released.

Billy J. Johnson, 32, of Oakfield, is charged with harassment, 2nd. Johnson was arrested at 8:37 p.m., Wednesday, in the Village of Oakfield by State Police. No further details available.

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