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Law enforcement activity on Ross Street, Batavia, tonight

By Howard B. Owens

Witnesses reported seeing several law enforcement units, SWAT, a Hazmat unit and the County Command Post vehicle either heading to or on Ross Street next to the Richmond Memorial Library tonight.

Batavia Police referred questions to Sgt. Steve Mullen of the Local Drug Enforcement Task Force.

Another county official said he wasn't at liberty to discuss the activity and referred questions to either the Police or Sheriff's Office.

Sgt. Mullen responded to an e-mail with, "more to follow."

The activity occurred roughly between 7 and 7:30 p.m. By the time we arrived on Ross Street at 7:40 p.m., all law enforcement and emergency personnel had cleared the scene.

Admitted crack dealer given more than four years in prison

By Howard B. Owens

A 28-year-old Batavia man, who admitted to selling drugs last fall, is going to prison.

Timothy Lee, who also goes by the name “Cricket,” was sentenced in Genesee County Court this afternoon to four-and-a-half years behind bars.

Lee had pled guilty to selling crack cocaine to a member of the Genesee County Local Drug Task Force.

Judge Robert Noonan told Lee this afternoon he was an “opportunist” and only very belatedly did he show an inclination to enter treatment.

“You don’t need treatment,” the Judge told Lee, “you need jail time, and that’s what you are going to get."

Lee’s fiancé, who is four-months pregnant, wept in court as the sentence was pronounced.

(Story by Dan Fischer, of The Batavian's news partner, WBTA.)

Wanted: Batavia police looking for two men

By Howard B. Owens

Batavia Police have issued wanted notices for two men sought for unrelated crimes.

Jeremiah Williams, 18, is a Level 3 sex offender who has allegedly failed to comply with his restrictions. There is an active felony arrest warrant for Williams. His last known address was 9 Raymond Ave. in Batavia. He is also known to frequent the Albion area. Williams is described as 5'10" and 135 lbs. with brown hair and brown eyes.

Dajuandrick Gardner, 33, is an alleged parole violator. His last known address is 6863 Byron Holley Road, Byron. Gardner is 5'10" and 210 lbs. with brown hair and brown eyes. He wears glasses. Gardner is also known as "Juan" and "Omega."

Anyone with information is asked to call 345-6370.

Alleged drunken driver's defense may depend on expert witness he can't afford

By Howard B. Owens

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

Man admits to attempted burglary at Fairway Drive home, Batavia

By Howard B. Owens

A local man admitted in court yesterday to attempted burglary, 3rd, in connection with a break-in at a home at 15 Fairway Drive, Batavia, on Oct. 22.

Chad M. Johnston, 23, told Judge Robert Noonan that he did knowingly enter the residence without permission of the owner and attempt to steal items from the house.

Johnston was in the process of stealing more than $1,000 in household items, including appliances, from the residence, according to Asst. District Attorney Will Zickl, at the time of his arrest.

With a prior felony conviction, Johnston, under terms of a plea agreement, will be sentenced to one-and-a-half to three years in prison.

UPDATE: The Sheriff's Office has provided a little more information on this arrest.

Johnston was charged Oct. 23 with burglary 2nd and criminal possession of stolen property. He entered the residence at 15 Fairway Drive in the Town of Batavia and stole a Maytag washer and dryer, a Whirpool refrigerator and Cub Cadet lawn mower. Upon his arrest, he was found in possession of the stolen property along with a small safe containing paperwork from the residence. All of the items were recovered.

There was also an outstanding parole warrant for Johnston at the time of his arrest.

Police Beat: Woman allegedly strikes store clerk with coffee mug

By Howard B. Owens

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

Wallet snatcher pleads guilty today

By Billie Owens

A 23-year-old former Batavia resident who snatched a wallet from a fast-food patron last fall pled guilty this afternoon to attempted robbery in the third degree.

Misty Guadagno -- who used to live on State Street, but now resides at 1713 Lake Road, Apt. 2, in Hamlin -- admitted to Judge Robert Noonan in Genesee County Court that she forcibly stole a wallet from a Batavia woman on Nov. 13.

The victim was waiting at the counter to place an order at Wendy's when Guadagno pushed against her, took her wallet and ran out, heading toward Genesee Country Mall. A man who'd been eating lunch in the parking lot saw the commotion and chased her down. The citizen, along with two others, kept custody of the thief until police arrived.

The wallet and its contents were retrieved, except for the money, which seemed to have just dispappeared.

Guadagno appeared in court by herself, wearing tight, faded jeans and a tight, light gray hoodie. Her straight blond hair was pulled back in a ponytail. As always, the judge asked the defendant what was the last year of school completed. She told him she graduated high school with a diploma and has completed one and a half years of community college.

When questioned about the crime, Gaudagno told Noonan that she "took several pills that day" and she was "coming off a lot of drugs."

"The whole day was actually a blur," she said.

At this point, Noonan enlightened her about the ramifications of this contention. He said this was an intentional crime and that if it went to a jury, the People would have to prove, not just the theft, but the intention to commit the crime.

But if she were to maintain that being under the influence of drugs impacted her thought process, and the jury thereby found her unable to show intent, the case could be dismissed. So in pleading guilty, she gives up the drugs-made-me-do-it defense and the possibility of dismissal.

District Attorney Lawrence Friedman said the paperwork from the arresting officer states the defendant explained her actions in detail and when asked if she was on drugs, she said, no, she didn't have the money (to buy them).

A recess was declared so counsel Melissa Cianfrini, who is temporarily handling the case for Public Defender Gary Horton, could explain the legal points. They left the courtroom for three minutes and returned. While waiting for the judge to return, Guadagno sat with Cianfrini. They chatted, the defendant re-wrapped her ponytail, appeared at ease, animated and giggling at times.

After Noonan returned, he accepted her plea, wherein she waived indictment by a Grand Jury and said she was guilty of attempted robbery in the third degree, a Class E felony.

She faces up to six months in jail, five years probation, a $5,000 fine, a mandatory $350 surcharge, $50 DNA data base fee, restitution and a 10-percent penalty fee is she fails to pay the unspecified restitution on time. A one-year order of protection was issued for her to stay far and away from the victim in the case.

Her next court appearance is called a pre-sentence investigation, set for 9:15 a.m. on June 17.

She was free to leave until then, despite Friedman's concern about her ability to appear again as promised, based on her actions Monday.

It seems that her case was originally set for 11 a.m. and she didn't show, but called to say she had car trouble and would be there later, at 4:30. The prosecution submitted a petition for a bench warrant, but since the judge wasn't going to be available that late in the afternoon, he rescheduled the case for 2:30 today.

"It was the worst possible time for her to have car trouble," Cianfrini told Noonan.

Previously: Suspected purse snatcher nabbed in Batavia

Fourth suspect charged with burglary on State Street last September

By Howard B. Owens

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

Man who threw chair and hurt son pleads guilty to three charges

By Howard B. Owens

A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.

Police Beat: Following accident, man accused of taking car without permission

By Howard B. Owens

Michael A. Jamil, 26, of 10 Prospect Ave., Batavia, is charged with following too closely, aggravated unlicensed operation 3rd, uninspected motor vehicle and unauthorized use of a vehicle 3rd. Jamil was arrested following a three-car accident at 11:40 a.m. Thursday. Jamil was reportedly driving westbound on Main Street and struck another car, which pushed that car into a third vehicle. A passenger in one of the vehicles, Amber L. Blanco, 19, was transported by ambulance to UMMC, complaining of abdomenal pain. Further investigation by Officer Jason Davis revealed that Jamil allegedly took the vehicle he was driving without the owner's permission.

Cole Y. Holstein, 25, of 2129 Angling Road, Pembroke, is charged with unlawful dealing with a minor. Holstein is accused of hosting a large underage drinking party. He was arrested at 12:30 this morning.

Jenna J. Condoluci, 19, of 230-A W. State St., Albion, is charged with petit larceny. Condoluci was arrested on a failure to appear warrant out of Batavia City Court after she had been scheduled for arraignment on Jan. 5 on a petit larceny charge. Condoluci was in Monroe County Jail on an unrelated charge and was taken into custody by Officer Kevin Defelice upon her release. Condoluci was jailed on $500 bail.

Stephen C. Hawley, 22, of 775 Main St., Apt. 509, Buffalo, is charged with DWI, aggravated DWI (operating with a BAC of .08 or greater), operating on median, speed not reasonable and prudent. Hawley was taken into cusody following a property damage accident near the intersection of East Main Street and Clinton Street. Hawley allegedly made a left-hand turn onto Clinton, driving onto the median and striking a pedestrian crossing light pole. Neither Hawley nor his female passenger were injured in the accident.

Michael R. Malicki, 19, of 9620 Vermont View Road, Machias, is charged with unlawful possession of marijuana. Malicki was arrested at 1:07 a.m. Saturday, by Officer Frank Klimjack.

Tammy Jean Wolfley, 41, of 3021 Sprague Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, and throwing refuse on a highway. Wolfley was arrested at 3:21 a.m. Sunday, following a traffic stop by Deputy Jason Saile.

Bradley C. Frederick, 47, of 500 Walnut St., Lockport, is charged with DWI, driving with a BAC of .08 or greater, speeding (67 mph in 40 mph zone). Frederick was stopped by Deputy Tim Wescott at 8:40 p.m. Friday, or allegedly failing to dim headlines and speeding on Route 63 in Alabama.

Wayne M. Smith, 59, of 9780 Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and driving with no or inadequate headlights. Smith was stopped at 10:44 p.m. Friday, by Deputy James Diehl on West Main Street Road, Batavia.

Accidents from the State Police blotter:

1:27 p.m. Feb. 20, Walmart parking lot, Batavia, two vehicles; Driver 1: Daniel W. Shea, 49, of Batavia; Driver 2: Lloyd E. Hall, 56, Le Roy. No injuries reported.

Police Beat: Woman accused of violating order of protection

By Howard B. Owens

Lori A. Brickwood-Coles, 31, of 219 Liberty St., Batavia, is charged with criminal contempt 2nd. Brickwood-Coles is accused of violating an order of protection. She was ordered to stay away from the work place of an acquaintance and allegedly did not.

Accidents from the State Police blotter:

2:52 p.m., Feb. 17, Maple St., Alabama, one vehicle; Driver 1: David L. Tyler, 58, of Le Roy. No injuries.

4:17 p.m., Feb. 17, Gabby Road, Pembroke, two vehicles; Driver 1: Tiffany L. George, 23, of Basom; Driver 2: James L. Keyes, 48, of Buffalo. No injuries.

7:32 p.m., Feb. 17, Steven Hawley Drive and Bank St. Road, one vehicle; Driver 1: Kathy A. Saeli, 47, of N. Chili. No injuries.

8:38 p.m., Feb. 17, East Main St., Town of Batavia, one vehicle; Driver 1: Dimitrios G. Manou, 19, of Webster. No injuries.

8:28 p.m., Feb. 16, Route 63, Alabama, one vehicle; Driver 1: Jeffery A. Luxon, 25, of Middleport. No injuries.

Police Beat: Driver accused of flashing fake Colorado license

By Howard B. Owens

Alexander John Delahanty, 20, of 29 Woodstock Lane, Brockport, is charged with criminal possession of a forged instrument. During a traffic stop in Bergen at 6:10 p.m., Sunday, by Deputy Matthew Butler, Delahanty was allegedly found in possession of a fake Colorado driver's license.

Accidents reported on the state police blotter:

12:55 p.m., Feb. 14, Broadway, Town of Darien, two vehicles; Driver 1: Scott R. Dalba, 44, of Oakfield; Driver 2: Steve M. Trader, 35, of Attica. One reported injury.

2:30 p.m., Feb. 14, Phelps Road, North Pembroke, one vehicle; Driver 1: Joseph A. Dicenso, 49, of Oakfield. No injuries.

11: 32 p.m., Feb. 14, E. Main and Ross streets, City of Batavia, two vehicles; Driver 1: Charles A. Ledger, 21, of Medina; Driver 2: Thomas E. Wolfe, 32, of Batavia. No injuries.

Police Beat: Man accused of causing disturbance at Batavia Downs

By Howard B. Owens

Charles M. Blatt, III, 47, of 317 E. Main St., upper, Batavia, is charged with harassment 2nd and disorderly conduct. Blatt is accused of becoming disruptive at 9:15 p.m. on Saturday inside Batavia Downs Casino. When he was approached by security personnel, he allegedly attempted to strike a security officer. He also allegedly became verbally abusive. He's also accused of flipping over a security desk. Blatt was jailed on $1,500 bail.

James A. Hancock, 40, of 8289 Lewiston Road, Batavia, is charged with harassment 2nd and criminal contempt 1st. Hancock is accused of going to his ex-girlfriend's house on Elm Street on Feb. 4 and hitting her in the head. In doing so, Hancock allegedly violated an order of protection that prohibited contact with the ex-girlfriend and to engage in no offensive conduct. Hancock was jailed without bail.

Sidney M. Jonathan, 44, of 6988 Meadville Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, improper left turn, failure to yield half the roadway, operating with a cell phone, unregistered motor vehicle, uninspected motor vehicle and aggravated unlicensed operation. Jonathan was reportedly involved in a property damage accident at 12:14 a.m., Saturday, at the intersection of Judge and Poodry roads.

Timothy J. Stephens, 28, of 3 Norris Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Stephens was reportedly stopped by Officer Kevin DeFelice at 1:47 a.m., Saturday.

Kernardo R. Fields, 19, of 67 Walden Creek Drive, Batavia, is charged with unlawful possession of marijuana. Fields was cited by Officer Dan Coffey at 2:10 a.m., Saturday.

Sath P. Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with disorderly conduct. At 10:48 p.m., Thursday, Dhanda was reportedly at Larry's Steakhouse, 60 Main St., Batavia, when he allegedly caused a disturbance by shouting obscenities in a public place. He was jailed on $1,000 bail.

Joseph C. Barone, 30, of 317 E. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Barone was reportedly involved in a minor accident at 1:10 a.m., Saturday, on Route 33 in Bergen.

William R. Crosby, Jr., 29, of 2717 Marshall Road, Medina, is charged with unlawful possession of marijuana and inadequate tail lamp. Crosby was stopped by Deputy Chris Parker at 11:14 p.m., Saturday on Route 77 in Alabama. Crosby was allegedly found in possession of a pipe and a grinder and both allegedly had marijuana in them.

Teresa Ka Yan Tam, 26, of 416 Lafayette Ave., Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Ka Yan Tam was stopped at 1:35 a.m., Saturday, by Deputy James Diehl on Route 5 in Pembroke for allegedly speeding.

Michael W. Smith, 31, of Batavia, is charged with assault 3rd. Smith was arrested by State Police at 11:32 a.m., Saturday, in the Town of Batavia. No further details were released.

Andrew L. Kosiorek, 38, of Batavia, is charged with DWI, unlawful possession of marijuana and aggravated unlicensed operation. Kosiorek was apparently involved in a  traffic accident (no details provided) and was arrested by state police at 12:19 a.m., Sunday.

Matthew C. Cardinale, 30, of 18 Miller St., Seneca Falls, is charged with disorderly conduct. Cardinale allegedly caused a disturbance in the bar of the Holiday Inn at 2:10 a.m., Monday. Cardinale was allegedly swearing in public and refused to listen to hotel staff. After deputies arrived, they told Cardinale to leave the bar and he reportedly would not comply, and continued to swear in public, "causing alarm and annoyance." Cardinale was jailed on $500 bail.

Nocole Kate Hagadorn, 31, of 18 Miller St. Seneca Falls, is charged with disorderly conduct. Hagadorn was arrested at 2:39 a.m., Monday, in the lobby of the Holiday Inn for allegedly causing a disturbance. Hagadorn was jailed on $500 bail.

Anthony Christopher Sistrunk, 19, of 309 E. Glen Ave., Syracuse, is charged with menacing 3rd and harassment 2nd. At 11:52 p.m., Sunday, deputies responded to an alleged physical domestic fight at College Village. Sistrunk was arrested and charged with the listed offenses.

Accidents from the state police blotter:

2:20 p.m., Feb. 13, Bloomingdale Road, Alabama, two vehicles; Driver 1: Jacob J. Everett, 29, of Williamsville; Driver 2: Laura L. Vosburgh, 30, of Lancaster. No injuries reported.

12:58 p.m., Feb. 11, Asbury Road, Town of Le Roy, one vehicle; Driver 1: Jordan D. Boyd, 17, of Le Roy. No injuries reported.

Police Beat: Man accused of trespass in Bergen

By Howard B. Owens

Jason Robert Baker, 28, of 18 N. Main St., Churchville, is charged with trespass. Baker is accused of being in the yard of a residence in Bergen on Jan. 25 and refusing to leave while trying to engage a person there in a fight.

Accidents from the State Police blotter:

1:52 p.m., Feb. 10, Bloomingdale Road, Alabama, two vehicles; Driver 1: Michael Jay Dietz, 31, of Lockport; Driver 2: Nicole L. Dioguardi, 32, of Mt. Morris. No injuries.

Man accused of stealing pot from alleged dealer officially charged

By Howard B. Owens

James J. Santiago Jr. was formally charged yesterday with stealing pot from an alleged drug dealer. After a sealed Grand Jury indictment was opened, Santiago was arranged on three felony counts and he entered a non-guilty plea to each count.

Count one of the indictment alleges that Santiago "forcibly stole property from Eric Merritt."

Merritt has been accused of bringing in friends from Batavia and Corfu and heading to Santiago's residence at 31 Myrtle St. in Le Roy and attempting to recover the marijuana. That attempt on Jan. 22 led to a fight that put three people in the hospital with apparent knife wounds.

The three counts against Santiago are: robbery 3rd, criminal possession of a weapon, 3rd, and assault 2nd.

Previously:

Le Roy Police looking for residential burglar from Hilltop Drive incident

By Howard B. Owens

A person checking on a neighbor's house Sunday in Le Roy was surprised to find an intruder hiding in the basement.

Nobody was hurt in the incident, but the Le Roy Police Department is looking for assistance from the public in identifying the burglar.

The incident occurred between 8:30 and 9 p.m. on Hilltop Drive after a person returned home from watching the Super Bowl half-time show at another location and noticed a suspicious person standing near a neighbor's house.

The suspicious person disappeared from sight and the resident checked his neighbor's door and found it ajar. The resident then checked the house and found the intruder in the basement.

The intruder pushed the resident out of the way and fled.

The police press release did not specify whether anything was stolen nor did it provide a description of the suspect.

Police investigators are asking that anybody who might have information related to this incident to call 768-2527.

Police Beat: Driver accused of possession after deputy reports smell of burnt pot in car

By Howard B. Owens

Taylor Dylan Carbonaro, 19, of 1044 Peck Road, Hilton, is charged with unlawful possession of marijuana. Carbonaro was stopped on Route 77 in Pembroke at 7:07 p.m. Monday by Deputy Patrick Reeves for an alleged traffic violation. Deputy Reeves reported smelling the odor of burnt marijuana emanating from the car and found Carbonaro allegedly in possession of cannabis. Carbonaro was also issued tickets for alleged failure to keep right and throwing refuse/cigarette on the highway.

Todd L. Fairbanks, 27, of 38 Prospect Ave., Batavia, is charged with aggravated harassment 2nd. Fairbanks is accused of making several unwanted and annoying telephone calls to a female acquaintance. He was jailed on $1,000 bail.

Rebecca L. Santiago, 23, of Stafford, was arrested Jan. 23 and charged with petit larceny. The arrested appeared in today's State Police blotter. She was also charged with criminal mischief. No further details provided.

A 17-year-old girl from Corfu is charged with harassment 2nd. She was arrested by State Police in Pembroke at 11 a.m. Monday. No further details provided.

Accidents from the State Police blotter:

6:22 p.m., Feb. 8, Weatherwax Road, Elba, one vehicle; Driver 1: Glenn J. Northup, 63, of Byron. No injuries reported.

Grand Jury Report: Indictment in Days Inn drug case

By Howard B. Owens

The Grand Jury has issued a two-count indictment against Lekisha M. Avant. Avant is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. The indictment alleges that on Feb. 8, 2005, Avant, while at the Days Inn, 200 Oak St., Batavia, did knowingly and unlawfully possess a narcotic drug, cocaine, with the intent to sell it. The indictment further alleges that on Dec. 29, 2009, Avant was again at the Days Inn and knowingly and unlawfully in possession one or more preparations, compounds, mixtures or substances containing a narcotic drug (cocaine) having an aggregate weight of one-eighth an ounce or more. (For initial arrest report, click here.)

The Grand Jury also issued a two-count indictment against Charles Brown. Brown is charged with aggravated unlicensed operation 1st and aggravated unlicensed operation 2nd. The indictment accuses Brown of driving on Aug. 20, 2009, on the Thruway through Le Roy when he knew, or had reason to know that his license was suspended. Brown allegedly was operating with 10 or more suspensions imposed on at least 10 separate dates. The alleged suspensions date back to Feb. 6, 2003.

Police Beat: Man accused of trying to return empty box to Walmart

By Howard B. Owens

Corey J. Hemmer, 23, of 91 S. Main Apt. B, Elba, is charged with petit larceny. Hemmer reportedly tried to return an empty box to Walmart at 6:41 p.m. Friday in exchange for a gift card. Hemmer reportedly received a gift card and after he left the customer service counter, employees reportedly discovered the box had no merchandise inside. Hemmer was located at a cash register attempting to purchase merchandise from the store.  When confronted by a loss prevention officer from the store, Hemmer allegedly ran from the store. When he was caught outside, Hemmer allegedly resisted detention. The loss prevention officer also reportedly spotted merchandise inside of Hemmer's jacket. Hemmer was eventually found hiding behind trees off Route 63.

Alice E. Coover, 34, of 112 Lake St., Apt. 1, Le Roy, is charged with three counts of unlawful dealing with a child 1st. Coover was arrested by Sgt. Michael J. Hare of the Le Roy Police Department for allegedly providing alcohol to three teenagers on Friday and Saturday nights.

Amy E. Loranty, 27, of 215 Bank St., Batavia, is charged with petit larceny. Loranty is accused of being in Target at 12:15 p.m. yesterday with her boyfriend and her two children when she allegedly stole articles of clothing.

Thomas C. Couse, 45, of 2728 Buffalo Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, failure to stop at stop sign and moving from lane unsafely. Couse was allegedly involved in a car accident at 3:20 a.m. Saturday at the intersection of Route 33 and 33A, Bergen. Couse allegedly left the scene of the accident and then was identified when he returned to the scene. The accident was investigated by Deputy John Weis.

Jason Norman Haacke, 32, of 47 Farnsworth Ave., Oakfield, is charged with DWI, driving with a BAC of .08 or greater and speeding. Haacke was stopped by at 8:59 p.m. Saturday by Deputy Jason Saile in Oakfield for allegedly speeding. He was then arrested on the alleged DWI charges.

Robert Alan Steavens, 41, of 3478 Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, failure to dim headlights.  Steavens was stopped at 2:13 a.m. Friday in Darien by Deputy Jason Saile.

Ryan M. Bobzin, 21, of Bergen, is charged with harassment 2nd. Bobzin was arrested by State Police at 11:17 p.m. Sunday. No further details were released.

Accidents from the State Police blotter:

2:37 p.m., Feb. 6, Judge Road, Alabama, two vehicles; Driver 1: Wendi L. Kavenagh, 34, of Le Roy; Driver 1: Daniel J. Davis, 43, of Middleport. No injuries reported.

Police Beat: Bergen man accused of overstaying welcome at neighbor's home

By Howard B. Owens

Gregory James Baker, 29, of 19 Rochester St., Bergen, is charged with criminal trespass 2nd and harassment 2nd. Baker is accused of remaining unlawfully at 17 Rochester St. on Jan. 25. Baker allegedly subjected somebody at that residence to physical contact. Baker was jailed on $1,000 bail.

Dustin David Say, 18, of 1952 North Java, Alden, is charged with criminal possession of stolen property 5th. Say was arrested in Alexander and accused of possessing stolen property stemming from a series of car larcenies in Alden.

Wesley Alan Ground, 33, of 411 Bloomingdale Road, Akron, is charged with felony DWI, driving with a BAC of .08 greater, aggravated unlicensed operation, failure to keep right and driving left of pavement markings. Ground was stopped by Deputy Jason Saile at 1:04 a.m. Wednesday on Akron Road in Pembroke. Ground was issued an appearance ticket.

Paul Mark Wieclaw, 20, of 31 Broadway St., Apt. #2, Oakfield, is charged with unlawful possession of marijuana. Wieclaw was stopped by Deputy Patrick Reeves at 7:39 p.m. on Jan. 30 in Batavia for an alleged traffic violation.

As a follow up to a previous item: On Sept. 4, the Elba Volunteer Fire Department was first responder to a roll-over accident on Oak Orchard Road. It turned out the accident was actually in Orleans County, Town of Barre. Abagail Buzard, 8, was ejected from the vehicle in that accident and was pronounced dead at UMMC. Today, Corey C. Buzard, 33, of Holley and Courtney L. Buzard, 17, of Brockport, were charged by the State Police with criminally negligent homicide.

Accidents from the State Police blotter:

7:16 p.m., Feb. 3, Wright Road, Alabama, one vehicle; Driver 1: Ricky R. Reiss, 27, of Akron. No injuries, no citations reported.

10:40 p.m., Feb. 3, Boyce Road, Pembroke, one vehicle; Driver 1: Melissa A. Chilano, 33, of Cowlesville. No injuries, no citations reported.

10:16 a.m., Feb. 2, Thruway entrance, Route 77, two vehicles. Driver 1: Cynthia S. Baase, 48, of Victor; Driver 2: Gwyn Moriarty, 50, of Chardon, Ohio. One injury, no citations reported.

12:59 p.m., Feb. 2, Lovers Lane, Town of Pembroke, two vehicles. Driver 1: Stephen J. Orel, 54, of Lancaster; Driver 2: Gene R. Uzar, 63, of Arcade. One injury, no citations reported.

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