crime

David J. Swartz, 49, of 313 Washington Ave., Batavia, is charged with petit larceny and trespass. Swartz was reportedly found on CSX Railroad property Wortendyke Road in the Town of Batavia. Sheriff's deputies and a CSX Railroad police officer responded to the area at 9:30 p.m., Tuesday, after receiving a report of a suspicious vehicle. Swartz was allegedly stealing items from CSX.

Joshua S. Bettilyon, 22, of 26 Maple St., Apt. A, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Bettilyon was stopped by Deputy Chad Minuto in the Village of Oakfield at 8:45 p.m., Wednesday, for allegedly speeding.

Yusuf A. Hassem told Judge Robert Noonan today that's he's not an evil man.

"Most of those things on my record are misdemeanors," said the 69-year-old con man who's criminal history dates back to 1957.

Noonan wasn't buying it.

"I'm imposing the maximum sentence and I know there is a prosecutor in Albany looking to do the same," Noonan said. "I don't know if you are going to live long enough to see daylight again or not, but society would certainly be safer if you don't."

Hassem, aka Louis L. Reed, was convicted by a jury Feb. 3 of grand larceny, 4th.

The maximum sentence Noonan could impose was two to four years in state prison.

The swindler stole $2,000 from a Batavia woman after meeting her at Tonawanda Valley Federal Credit Union. That day Hassem was dressed in suit that made him look like a possible African visitor and spoke to the woman in a fake Nigerian accent. He said he was new to the country and needed help with a banking transaction. Somehow, he managed to switch packages with her, handing her a pile of paper in a handkerchief, and walking off with her money.

The mother of three was working three jobs at the time, 70 hours a week, and the $2,000 represented her entire savings.

In court today (she asked that I not us her name and I agreed), the woman described how angry she was and how foolish she felt when she realized her money had been stolen.

"I had to rethink the situation and realize I was just being me -- helpful and good-hearted, and I got taken advantage of by a criminal that had sadly made a career out of taking from people," the woman told Noonan.

She said Hassem should be locked away forever and asked Noonan to throw the book at him.

District Attorney Lawrence Friedman pointed out that Hassem has made contradictory statements about the events of that day and most recently told pre-sentence investigators that he didn't steal the victim's money.

"It’s clear this defendant can’t tell the truth," Friedman said. "We can't really protect society from him long enough because eventually he will get out and he will victimize people again. The maximum isn’t long enough, but let’s at least protect society for as long as we can."

Friedman noted that the Buffalo resident's rap sheet is 23 pages long and spans multiple decades, multiple states and multiple aliases.

His defense attorney asked for some a minimum sentence because of health issues and Hassem's age.

When it came time for Hassem to speak, he blamed the victim. He claimed that he flirted with the woman and she flirted back and that they had made a date for later.

"This is really about she couldn't get a dime from me," Hassem said.

When the aging grifter finished his disjointed speech, Noonan laid into him.

"Well, sir, it's hard to imagine that somebody could get to be nearly 70, and to be as intelligent a person as you seem, and then be so detached from reality," Noonan said.  "For you to think that this young woman would be attracted to you and that you could get a date with her, while it may have been in your mind that she was flirting back, while you're all dressed up in your funny little African costume, and that you could win her over as a little old man who needed her help, is hard to believe."

Noonan also ordered Hassem to pay restitution of $2,000, which Hassem also tried to dispute saying his family tried to pay restitution previously, but Friedman turned it down.

Noonan shut him off with a terse, "you also could have accepted a plea before this case went to trial for one and a half years. Those times are long gone. This case is over. The matter is adjourned."

At which point, Hassem was asked to sign some papers and he started to speak again, but his deputy escort said, "Do you want to add contempt of court to your charges?"

Louis M. Reeb IV has been charged with DWI, unlawfully fleeing a police officer, speeding and reckless driving, among other charges.

The 19-year-old is accused of leading law enforcement on a 100-mph chase through the town and city of Batavia on March 8 before slamming his truck into a house on South Main Street.

Reeb appeared voluntarily in Town of Batavia court with his family this morning to answer to seven charges filed in the town's jurisdiction. He also faces three charges in the city.

The young man was released from the hospital yesterday.

The other town charges include unsafe passing, driving left of pavement markers and failure to yield to an emergency vehicle.

He was issued an appearance ticket for the City of Batavia charges, which are: reckless endangerment, criminal mischief and speeding. He is scheduled to appear in City Court at 9 a.m., March 31.

No bail was set for Reeb by Justice Tom Williams. He was released under the supervision of Genesee Justice. He is to appear in town court again at 1:30 p.m., April 27.

A 47-year-old Bergen man suspected of DWI died shortly after being arrested Tuesday evening, despite the best efforts of Sheriff's deputies and EMS personnel to revive him.

Richard Fox, of 7936 Swamp Road, was pronounced dead at UMMC at 7:33 p.m.

The incident started at 5:59 p.m. when Deputy Timothy Wescott was dispatched to the Fox residence after a 9-1-1 call reported that Fox had just gotten in his car while intoxicated and driven off.

When Wescott arrived at the address, he reportedly found Fox's car in the driveway and Fox was in his residence, so Wescott questioned him about the alleged drinking and driving.

Based on the interview, Wescott conducted a field sobriety test. Fox reportedly failed the test and was placed into custody.

After Fox was handcuffed and placed in a patrol vehicle, he asked to speak to his wife.

Fox is described in a Sheriff's Office press release as cooperative throughout the entire process.

After Fox finished talking with his wife, Wescott noticed that Fox had become unresponsive. About this time, Deputy Chris Parker arrived on scene.

Wescott and Parker began to administer CPR to Fox and the Bergen Volunteer Fire Department ambulance was dispatched to the location.

The medics took over resuscitation procedures and began the transport to UMMC.

Efforts to revive Fox at UMMC were unsuccessful and he was pronounced dead.

The investigation into his death is ongoing by the Sheriff's Office, Coroner Robert Yungfleisch and the Monroe County Medical Examiner's Office.

BATAVIA, NY -- Scott Doll didn't kill Joseph Benaquist. That's the defense attorney Paul Cambria said he will present at the Corfu man's murder trial starting May 3.

Cambria won't rely on expert psychological testimony to try and explain Doll's actions or statements, Cambria said at a hearing in Genesee County Court this morning.

"There is no such defense," Cambria told Judge Robert Noonan after District Attorney Lawrence Friedman asked for the results of any psychological evaluation of Doll. Cambria said no such evaluation has been done because Doll's state of mind won't be an issue in the trial.

"The defense is the defendant is not guilty. That’s the defense. We do not intend to offer any sort of psychological testimony. He didn't do it. That’s the the defense of the case."

Today's hearing was primarily to give Doll a chance to accept any plea offer before the trial date is confirmed, but Friedman hasn't made a plea offer to Doll.

"It has been the understanding from the start of this case that it had to be tried and Mr. Cambria agreed with that assessment," Friedman said.

The two attorneys, as well as Cambria's co-counsel, Daniel Killelea, discussed various issues regarding evidence in the case.

Killelea raised a concern about the prosecution's inability, so far, to narrow the time of Benaquist's death further than some time between 4:45 p.m. and 1:30 a.m. p.m., Feb. 16-17, 2009 (the prosecution puts the time of attack at between 4:45 p.m. and 8:45 p.m.).

"Obviously, a more narrow time is important to us as we prepare our defense, and at trial, to effectively represent Mr. Doll," Killelea said.

Judge Noonan said he couldn't really order the prosecution to name a more particular  time if Friedman doesn't have the evidence to draw that conclusion.

Outside of court, Cambria said the Sheriff's Office and District Attorney reached a hasty conclusion that Doll killed the 66-year-old Benaquist, who was found bludgeoned to death in the driveway of his Pembroke home. Cambria said they concluded Doll was the killer even before all of the forensic evidence was gathered.

"They rushed to judgement here," Cambria said. "In two days they had an indictment. We’re getting reports now (from the forensics lab). We just got one last week. And here they are rushing to judgment two days after it’s over. As far as we’re concerned, they have their opinion and when they get to court and they get crossed examined and we put in our evidence, then the jury will make a determination."

Sheriff's Office investigators say Doll was found covered with blood wandering on the east side of North Lake Road. 

The trial is expected to last three weeks.

For previous coverage, click here.

Photos: Cambria, back left, Killelea, and Doll exit the court house. Inset: Paul Cambria talks with the media.

It started out as a simple shoplifting accusation against a 16-year-old girl in Le Roy and wound up leading to a series of arrests including charges of assault, underage drinking and stealing.

The initial complaint came in on Feb. 27, when Le Roy Police were called to a local business that alleged a 16-year-old Village girl had stolen items and when confronted by management, the girl fought with them causing injury.

The girl was charged with petit larceny and assault, 3rd. She was jailed on an unspecified amount of bail.

During the investigation, police found two people under age 21 in possession of alcohol. Charged with unlawful possession of alcohol were Kenneth Michael Gray, 18, of 77 Myrtle St., Le Roy, and Nicholas A. Thurley, 19, of 61 Myrtle St., Apt. A-7, Le Roy.

Another person, Alan J. Delano, 19, of 556 Peck Road, Spencerport, was arrested on a warrant out of Monroe County. He allegedly gave a false name to police. He was charged with one count of criminal impersonation, 2nd.

Delano was jailed, but posted bail and was released from Genesee County custody and immediately picked up by Monroe County on the outstanding warrant.

Detective John Condidorio then determined that a coat containing a wallet and three credit cards found inside of a car was stolen from a house in Brockport. On Sunday, Condidorio relocated Delano and he was charged with three counts of criminal possession of stolen property, 4th. He was jailed on $2,500 bail.

John P. Richter, 57, of East Amherst, is charged with DWI, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Richter was stopped by state police on Route 77 in Alabama at 2:35 a.m., Monday. No further details were released.

Kyler S. Hapeman, 19, of 306 Caroline St., Albion, is charged with unlawful possession of marijuana. Hapeman was allegedly found in possession of marijuana during a traffic stop by Deputy Kevin McCarthy at 7:16 p.m., Monday, on Knowlesville Road in Alabama.

Linda M. Clemens, 49, of Batavia, is charged with criminal mischief and harassment, 2nd. Clemens was arrested by state police at 11 Mix Place, Batavia, at 7:30 p.m, Sunday in connection with an alleged incident in Stafford. No further details were released.

Accidents from the state police blotter:

8:35 a.m., Sunday, Thruway, Le Roy, mile marker 379.6, one vehicle; Driver 1: Patrick D. McCarthy, 41, of Stratford. No injuries reported.

Charles Daniel Bucci, 34, of 22219 Judge Road, Oakfield, is charged with criminal trespass, 2nd, and criminal mischief. Bucci is accused of kicking in the basement door of his ex-girlfriend's house, breaking the glass in the process. He was reportedly found at 2:49 a.m., Saturday, sleeping in the basement.

Sara Jo Likus, 24, of School Street, East Pembroke, is charged with endangering the welfare of a child and criminal trespass. Likus is accused of entering a residence in Le Roy without permission on Wednesday evening and getting in a fight with a woman at that residence. A 5-year-old child was home at the time.

Malik I. Ayala, 18, of 44 Walnut St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Ayala is accused of stealing an MP3 player from a 15-year-old youth in the parking lot of MacArthur Park. Another suspect has been identified and is being sought by police. Ayala was jailed without bail.

Amy Lynn Showler, 34, of 9 Pearl St., lower, Batavia, is charged with petit larceny. Showler is accused of shoplifting from Kmart.

Wendelyn Leigh Ruiz, 48, of 177 Menard Drive, Rochester, is charged with DWI and reckless driving. After receiving a report of a vehicle operating erratically and forcing oncoming vehicles on to the shoulder on Route 33 in the Town of Batavia, Sgt. Thomas Sanfratello made contact with a vehicle allegedly driven by Ruiz. Upon investigation, Sgt. Sanfratello concluded that Ruiz was allegedly operating under the influence of prescription drugs.

Adam A. Fusco, 28, of 3613 Retsof Road, Retsof, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fusco was reportedly stopped by Deputy Patrick Reeves at 9:58 p.m., Friday, in the area of 675 Main Road, Pembroke.

Kurt Walter Guhman, 37, of 6213 Route 5, Stafford, is charged with criminal mischief, 4th. Guhman is accused of taking his wife's mobile phone during a domestic dispute, preventing her from making a call for help. Guhman was arrested at 8:15 p.m., Friday. He was jailed on $500.

William Holtz McGorray, 44, of 237 Wright Road, Alabama, is charged with DWI, driving with a BAC of .08, and unsafe turn/failure to signal. McGorray was reportedly stopped by Deputy Jason Saile on Wright Road 2:44 a.m., Friday.

Joseph Nicholas Striegel, 19, of 509 Main Road, Pembroke, is charged with unlawful dealing with a child. Striegel is accused of hosting an underage drinking party. He was arrested at 1:14 a.m., Sunday.

Matthew Scott Williams, 22, of 5012 Hundredmark Road, Elba, is charged with grand larceny, 4th. Williams is accused of stealing a shotgun.

Matthew Legler, 20, of 736 Paul Road, Chili, is charged with grand larceny, 4th. Legler is accused of stealing a shotgun.

Andrew Steven Novak, 47, 7235 Telephone Road, Le Roy, is charged with DWI as a felony and driving with a BAC of .08 or greater as a felony. Novak was reportedly involved in a car accident on Linwood Road, Le Roy, at 5:58 p.m., Sunday. Novak was also issued tickets for alleged failure to keep right and moving from lane unsafely.

Jason M. Wolf, 46, of 8770 Wenner Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, speeding and passing in a no-passing zone. Wolf was stopped by Deputy Patrick Reeves at 6:30 p.m., Sunday, on West Main Street Road, Pembroke, after the Sheriff's Office received a complaint of an erratic driver on Route 5, who was allegedly driving at a high rate of speed and passing other cars illegally.

Karri A. Kunst, 36, of 43 Ballantyne Road, Rochester, is charged with DWI, aggravated DWI, operating with a BAC of .08 or greater. Kunst was stopped at the intersection of Clinton Street and East Main Street in Batavia by Officer Matthew W. Baldwin after the dispatch center received a report of an erratic driver on Clinton Street Road, Town of Batavia.

Steen L. Bordonaro, 43, of 30 Woodcrest Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater, possession of an open alcoholic beverage in a vehicle and unlawful possession of marijuana. Bordonaro was stopped by Officer Frank Klimjack, who was following up on a report of a subject getting involved in a fight at a bar in Oakfield and driving to the city. Klimjack reportedly stopped Bordonaro's vehicle on Lewiston Road in the City of Batavia. Bordonaro was arrested at 12:24 a.m., Sunday.

James N. Lauricella, 23, of Le Roy, is charged with unlawful possession of marijuana, equipment violation and a license plate violation. Lauricella was arrested by state police at 7:30 p.m., Saturday.

Scott B. Humel, 23, of Pembroke, is charged with disorderly conduct (creating a hazardous condition). Humel was arrested by state police at 12:49 a.m., Sunday. No further details available.

Accidents reported on the state police blotter:

8:41 p.m., Saturday, at Park Road, Batavia, two vehicles; Driver 1: Not identified (apparent hit-and-run); Driver 2: Margaret V. Janus, 39, of Albion. One injury reported.

5:36 p.m., March 12, parking lot of 48 Deli Express, Town of Batavia, two vehicles; Driver 1: Mark J. Geitner, 40, of Attica; Driver 2: Marsha K. Barton, 71, of Batavia. No injuries reported.

Benjamin G. Evans, 21, of 23 Lincoln St., Le Roy, was arrested by Le Roy Police at 6:28 p.m., Thursday, on a bench warrant out of Batavia City Court. Evans reportedly failed to comply with the terms of a release-under-supervision agreement. Evans was originally charged with criminal possession of a controlled substance, 7th, in August 2009. Following his arrest by Le Roy Police, he was turned over to Batavia Police and jailed on $3,000 bail.

Summer Ogden, 33, of 112 State St., Apt. #2, Batavia, is charged with DWI, moving from lane unsafely, failure to notify DMV of address change and unsafe tires. Ogden was stopped at 1:45 a.m., Friday, by Officer Dan Coffey on West Main Street.

A Batavia mother who tried to kill her baby was sentenced to three-and-a-half years in prison yesterday in Erie County.

Marcia Mitchell tried to smother her baby while they were at an Erie County hospital following a house fire in 2008.

The Buffalo News reports:

“I realize I made a horrible mistake. I miss my children exponentially,” Mitchell told the judge.

Mitchell, 29, said that at the time of her crime, she was “under extreme stress,” with both of her daughters hospitalized. She said she got no help from family members after her Batavia flat was destroyed in an April 2008 fire.

Unless experts determine otherwise, Mitchell will not be able to see her baby until 2019.

Andrew John Cianfrini, 21 months, was supposed to spend the weekend of Nov. 8 with his father and stepmother in Elmira. He never came home.

The infant died Nov. 10. Elmira police now say the child's stepmother, Melissa S. Englehardt, 24, put Methanol, an ingredient in anti-freeze, in a drink and served it to him.

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

Englehardt has been charged with manslaughter, 1st.

The child's father is George Englehardt.

Reginald Wilson, charged with burglary, 2nd, and facing a possible life prison term for his alleged part in a break-in on State Street in September, has a new attorney.

Wilson has hired Fares Rumi of Batavia. In court this morning for the change of attorney notice, Rumi politely asked Judge Robert Noonan if his client might have a chance to reconsider a plea offer he turned down a week ago.

"No Mr. Rumi, it doesn’t work that way," Noonan said. "His time is gone."

Rumi replied, "we're ready to proceed to trial."

The trial is scheduled to begin with jury selection at 9 a.m., March 29.

Wilson will be tried on charges of burglary 2nd and criminal possession of stolen property. If convicted of either, District Attorney Lawrence Friedman could ask Noonan to impose a life sentence.

The 37-year-old Rochester resident have five prior felony convictions.

Three other individuals were reportedly involved in the alleged burglary, which frightened a woman who was home at the time. Two of the alleged cohorts have said in statements that Wilson did not participate in the burglary.  One individual will testify that Wilson was there.

Wilson was arrested, reportedly, after beging caught driving a car stolen from the residence.

Previously, Friedman offered Wilson a felony conviction of possession of stolen property and 2- to 4-years in state prison.

In other court news:

Warren T. Cotton, accused of operating a meth lab at 13 Ross St., Batavia, will be arraigned in Federal court this afternoon on a charge possession with the intent to manufacture substances with a detectable amount of methamphetamine. The local charges against Cotton will be dropped.

Chad M. Johnston, 23, who admitted Feb. 24 to attempted burglary, 3rd, for a break-in at 15 Fairway Drive, Batavia, was sentenced today. Johnston will serve 1 1/2 to 3 three years in supervised parole. Johnston will first serve six months in a drug rehab program at Willard Drug Treatment Campus.

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with trespass. Cornnell is accused of going into the Batavia Target store after being barred from the store for allegedly shoplifting in January.

Robert May, 66, of 9339 Warsaw Road, Le Roy, is charged with DWI, consumption of alcohol in a motor vehicle and no or inadequate headlights. May was stopped at 7:27 p.m., Wednesday on Park Road by Deputy Bradley Mazur.

Jessica L. Culver (a.k.a Jessica L. Langmaid) has been indicted on a charge of grand larceny, 3rd. Culver is accused of stealing property between Oct. 29, 2008 and March 17, 2009 from Tonawanda Valley Federal Credit Union with a value in excess of $3,000.

Amanda J. Richardson is indicted on two counts for falsifying business records, 1st, and two counts of petit larceny. Richardson is accused of falsifying a money order record and of stealing $54 from the Mother Goose store in Elba on July 14. She's also accused of falsifying a deposit envelope and stealing $100 on July 24.

The Sheriff's Office is still looking for a man convicted of burglary, 2nd, who has allegedly violated his probation.

A "wanted" release was put out by the Sheriff's Office on Feb. 2 for Christopher A. Laird.

Warrant Officer Eric Olson says that Laird has likely exhausted his places to stay in Le Roy and is probably in the City of Batavia.

Olson asks that people with information on the whereabouts of Laird call 911.

Stephen J. Farrell, 43, of 8542 W. Bergen Road, Le Roy, is charged with robbery, 3rd. Farrell was arrested on a bench warrant 11:56 p.m., Friday. Farrell was located through a combined effort of the Sheriff's Office, the Le Roy Police Department, including Det. John Cordidorio, and the New York State Police. Farrell was reportedly found hiding under a bed at his residence. Law enforcement officers were conducting an investigation into an unrelated robbery at the Rite Aid in Le Roy.

Timothy R. Beszcynski, 22, of 11000 Townline Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and use of a portable electronic device (texting). Beszcynski was arrested by Deputy Howard Carlson after allegedly being involved in a single-car accident on Route 98 in the Town of Batavia at 12:15 a.m., Monday.

Juan Alberto Ramos, 20, of 5215 Clinton Street Road, Batavia, is charged with trespass.  Ramos was allegedly found in a building at College Village after being barred from the premises.

Charles H. Wroten, the Level 3 sex offender who lives at 214 S. Swan St., upper, was originally classified as a Level 2 offender at the time of his scheduled release from state prison for raping a 15-year-old girl.

But after the order was signed, prosecutors in the case learned that his prior conviction for burglary in South Carolina was a little more than breaking into the house.

According to court documents (PDF):

[Defendant] did enter into the residence of [the victim] with intent to commit a crime, in that he did enter into the bedroom of a 12 yr old female and did feel her body and did make an effort to get this 12 yr old girl to have sex with him.

Entrance into this residence was at 4:30 AM in the night time.

Wroten appealed the re-evaluation. The document linked above is from the appeals court that heard his case and ruled against him.

The risk level of sex offenders in New York is determined by a worksheet that assigns points for various factors to gauge the likelihood of a person repeating an offense. Wroten's points initially put him at the high end of a Level 2 sex offender, but when prosecutors found out the violent nature of his burglary conviction in South Carolina, it added 15 points to his evaluation, so they sought to have him immediately reclassified as Level 3.

Councilwoman Rose Mary Christian raised the issue of Wroten's residence at the Batavia City Council meeting last night, saying she had received numerous inquiries from citizens wondering what could be done about it.

At her request, an informational meeting has been scheduled for 7 p.m., March 16, with Police Chief Randy Baker and Det. Rich Schauf at the Batavia Police Station.

"It sounded like a bomb going off," said Robin Lewin minutes after a truck being pursued at high speed by local law enforcement slammed in her home at 28 South Main St. in the City of Batavia.

"You should see that one wall. All of my family’s pictures came flying at us. We were at the desk. The whole house shook. It was like, what’s going on?"

Lewin and her mother, Barbara Watyrstrew, who was visiting, her teenage daughter, Danielle (Danielle was not at home at the time) had to immediately evacuate the house, which was knocked off its foundation, causing a gas leak.

The driver of the black Chevy 4x4 pickup truck, who has not yet been identified, was taken by Mercy Flight to Strong Memorial Hospital.

Investigator Kris Kautz of the Sheriff's Office said Deputy Ronald E. Meides spotted the truck allegedly speeding eastbound on Route 33 just west of Reed Road and attempted to initiate a traffic stop.

The truck wouldn't stop, and may even have speed up, with speeds hitting "triple digits," according to law enforcement officials.

The driver, identified by police after the chase (though his identity is not yet being released), had no known outstanding warrants, according to Det. Rich Schauf of the Batavia Police Department.

When it was apparent Deputy Meides was involved in a high-speed chase, more law enforcement joined in the persuit. Officer John Zola and Deputy Chris Parker managed to get spike strips down on Route 33 at Pearl Street Road moments before the truck arrived.

The strips, according to Parker and Zola, are designed to deflate car tires gradually so that hitting the spikes doesn't cause an immediate accident. By the time the truck hit the Oak Street Roundabout, its tires would have deflated to some extent.

Spikes were found in each of the truck's front tires, Parker and Zola said.

Said Kautz, “The operator refused to stop and the vehicle obviously came through here at too high of a speed to maintain control.”

Luz Castro was standing in front of 28 South Main -- she lives in the upper apartment -- waiting for her daughter's school bus when she saw a deputy and a police car whiz by heading westbound. Minutes later she saw the truck come flying through the roundabout, heading east, and as it came out of the curve at South Main, it was clear the truck was headed right for her. So she jumped out of the way just before the truck rammed the building right at the entrance to her apartment.

"It was just shock. Surreal. Crying. Just too much going on at once," Castro said.

Red Cross has been called in to assist Luz, Robin and Danielle. A city inspector is on scene determining how to safely remove the truck, which is may be the only thing holding up the house at this point.

"Life is a matter of seconds and inches and luckily her (Castro's) child wasn’t here getting off the bus at that moment," said Kautz.

UPDATE 8:13 p.m.: The driver of the truck has been identified as Louis M. Reeb, 19, of 40 E. Main St., Corfu. His injuries are described as non-life threatening. The house is owned by Charles Keif of Batavia. No charges have been filed, pending further investigation.

Darshawn T. Johnson, 30, of 106 Lake Street, Le Roy, is charged by a Monroe County Grand Jury with failing to register a change of address, a Class D felony. Johnson, a convicted rapist, allegedly failed to notify New York State of his change of address. Det. John Condidorio reports that a member of the community tipped Le Roy Police to Johnson's status. After further investigation, Condidorio located Johnson walking on Lake Street and arrested him. Johnson is a Level 2 sex offender. He was convicted of sexual abuse, 1st. Following his arrest, Johnson was transferred to the Monroe County Sheriff's Department.

Robert J. Macklem, 20, 1 Prospect Ave., Batavia, is charged with DWI, aggravated DWI (driving with a BAC of .08 or greater) and moving from lane unsafely. Macklem was taken into custody by Officer Thad Mart at 9:50 p.m., Thursday.

Jolin Nicholas Donnelly, 21, 1925 Nesbitt Road, Attica, is charged with unlawful possession of marijuana. Following a traffic stop at 8:19 p.m., Sunday, by Deputy Patrick Reeves, Donnelly was allegedly found in possession of a small quantity of marijuana.

Brian K. Dyer, 43, of 106 North Street, Batavia, is charged with two counts of criminal contempt, 2nd, harassment, 2nd, and endangering the welfare of a child. Dyer was taken into custody at 4:47 p.m., Sunday, by Officer Thad Mart, after Dyer allegedly became involved in a fight with a woman reportedly protected by a court order from "offensive conduct" by him. There was reportedly a child present during the altercation. Dyer was also arrested on an outstanding warrant for allegedly violating a "stay away" order on Feb. 23 during an incident on Dewey Avenue, regarding the same woman. Dyer was jailed on $1,000 bail.

Kenneth M. Gray, Jr., 18, of 77 Myrtle St., Le Roy, is charged with unlawful possession of alcohol under 21. Gray was reportedly found by Officer Dan Coffey in the area of 500 East Street in a state of intoxication. Gray was reportedly carrying seven cans of beer at the time.

Timothy P. Dailey, 40, of Rochester, is charged with criminal mischief. Dailey was arrested by state police in Elba at 2:29 a.m., Saturday. Dailey was jailed. No further details available.