crime

A Batavia man who admitted to assaulting a Sheriff's deputy and escaping arrest will serve four years in state prison for the assault.

Ryan L. Krupp, 24, will serve a concurrent 2-4 year term on the escape 2nd charge.

The maximum sentence Judge Robert C. Noonan could have imposed was seven years. Defense Attorney Jerry Ader asked for a minimum sentence of three years.

Ader noted that Krupp has previously completed substance abuse treatment and held a job, making him a candidate for a minimum sentence.

"When he makes the right decisions, they’re good decisions," Ader said.

If Krupp were not a second felony offender, the minimum sentence would have been two years.

Krupp said he was very sorry.

"If I could take it back, I sure would," Krupp said.

Noonan made very little comment before imposing the sentence.

Deputy Patrick Reeves suffered a minor ankle injury when Krupp reportedly shoved him out of the way while Reeves was arresting him on a warrant last October.

William G. Cummings, 59, of 9815 Lake St., Pavilion, is charged with menacing 2nd. Cummings was arrested at 2:58 a.m. Friday after allegedly threatening another man by brandishing a baseball bat.

Roy R. Bell, 29, of 283 Seneca Manor, Rochester, is charged with forcible touching and endangering the welfare of a child. Bell is accused of inappropriate contact with a 16-year-old girl.

Woodrow C. Horseman, 33, of 3 Lewis Place, Batavia, is charged with petit larceny. Horseman is accused of stealing two 18-packs of beer from Tops.

Timothy E. Moon, 35, of 315 Bank St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater, inadequate headlamps, failure to notify DMV of an address change and having an open container. Officer Eric Bolles reportedly observed Moon operating a motor vehicle with inadequate headlights at 1:22 a.m. Sunday.

Jaclyn E. Spiegel, 23, of 147 Ross St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater and moving from lane unsafely. Spiegel was stopped by Officer Kevin Defelice at 1:38 Saturday morning for an alleged unsafe lane change on E. Main Street at Bank.

John Francis Biegas, 19, of 6496 Clinton St. Road, Stafford, is charged with criminal nuisance 2nd, unlawful possession of marijuana and unlawful possession of alcohol with intent to consume. Biegas is accused of hosting an underage drinking party at his home.

A 17-year-old girl from Batavia is charged with aggravated harassment 2nd. The youth reportedly contacted another person in Pembroke via MySpace several times after being told not to.

Gerald E. Buchinger, 60, of 5159 Ellicott St. Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Buchinger was identified as a suspect by Deputy James Diehl after a driver on Batavia Stafford Townload Road left the roadway and struck shrubs and trees and a residence.

A 17-year-old student of Pavilion School is charged with unlawful possession of marijuana. During an invited canine sniff search of school grounds, the K9 alerted on a car in the parking lot. Upon investigation Deputy Brian Thompson allegedly found marijuana, drug paraphernalia and a realistic looking C02 pistol.

Ami Lou Blackmore, 48, of 30 Exchange St., Attica, is charged with DWI, felony aggravated DWI for driving with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Deputy Jason Saile, at 5:08 a.m. on Friday, investigated a report of trespass at 650 Bloomingdale Road in Alabama. Saile came into contact with Blackmore and arrested her for the alleged offenses.

Joshua C. Mciver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with unlawful possession of marijuana. Mciver was arrested at 11:24 p.m. Thursday at College Village by Deputy Jason Saile.

Michael L. Milroy, 43, of Bethany, is charged with torture/injure/not feed an animal, menacing 2nd and reckless endangerment 1st. Milroy was arrested by State Police at 12:07 a.m. today at 5461 Mclernon Road, Bethany. No further details are available.

Brett W. Short, 23, of Stafford, is charged by State Police with endangering the welfare of a child. Short was arrested at 2:29 p.m. Saturday. The alleged incident occurred Dec. 23. No further details are available.

David G. Duignan, 43, of Batavia, is charged by State Police with DWI, driving with a BAC of .08 or greater, and failure to keep right. Duignan was stopped in Albion at 8:57 p.m. Friday.

Accidents reported in the State Police blotter:

8:26 p.m., Jan. 23, Bank Street Road, Batavia, one vehicle; Driver 1: Christopher J. Byers, 19, of Brockport. No injuries. No citations.

Le Roy police are continuing to investigate a possible fight in the area of 31 Myrtle Street early Saturday morning.

The initial reports of the 1:15 a.m. incident indicated there may have been shots fired, but none of the three men injured in the fracas suffered gunshot wounds.

The alleged fight seems to have involved five or six young men.

All three men who were injured were cut by a sharp object. One man was cut in the chest and treated at UMMC. Two other men were treated at Strong Memorial Hospital, one for a neck wound and the other for an arm wound.

No names have been released and no arrests have been reported.

Det. John Condidorio said in a statement:

As of this time it has been determined that there were two groups involved in an altercation in the area of 31 Myrtle Street, however the investigation is continuing to attempt to determine what actually transpired and no further information is available for release at this time.

The Le Roy Police Department is being assisted in the investigation by the Genesee County Sheriff’s Department, Genesee County Drug Task Force, New York State Police and the Genesee County District Attorney’s Office.

Anyone having any information relating to this investigation is encouraged to contact the Village of Le Roy Police Department.

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There was apparently a report of shots fired on or around Clay Street in Le Roy last night -- according to readers who contacted The Batavian -- at about 1:30 a.m.

Chief Chris Hayward of the Le Roy Police Department responded to our request for more information with this message: "We are currently conducting an investigation but at this point I have no further comment."

In a follow up e-mail, Chief Hayward confirmed that two people were taken to the hospital, but they did not have gunshot wounds.

"Can't tell you a lot at this point because we are getting different stories," Hayward wrote.

UPDATE 4:21 p.m.: Det. John Condidorio issued the following statement on behalf of the Le Roy Police Department:

On 01/23/2010 at about 1:15 A.M., The LeRoy Police Department received a report of a disturbance or break-in at a residence in the Village. Subsequently three persons required medical assistance and were sent to the hospital for treatment. Two of the three have been released and the status of the third is unknown.

The final two defendants suspected of taking part in a meth lab operation at 28 Clay St., Le Roy, have gotten their get-out-jail-free cards.

Christopher J. Elmore and Koree R. Stephenson appeared in court this afternoon and Judge Robert C. Noonan granted First Assistant District Attorney David Gann's request to release both pending dismissal of the State charges against them by a lower court.

Like their three other co-defendants, Elmore and Stephenson are facing Federal drug charges and will be on supervised release under Federal jurisdiction. Elmore is also facing charges out of Le Roy for allegedly passing fake $10 bills. No bail had been set in that case, and it was not a factor in today's short hearing.

Bail had originally been set at $75,000 on all five defendants. The original state charge against all five was criminal possession of a controlled substance 2nd.

Yesterday afternoon Kari L. Riggi was released in the afternoon and Nathan D. Bernard was granted release in the morning on the State drug charges, though he's still serving a 90-day sentence on another charge. Joshua A. Miller, who appeared in court with his attorney, was already free pending trial but under a noon to 8 a.m. home curfew, which only allows him time to go to work.

At the federal level, all five are charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore also faces an enhanced weapons charge.

NOTE: This post confirms what we first reported yesterday that all five were due for release and that local charges are in the process of being dismissed.

(Billie Owens contributed to this story.)

A Rochester man with 12 prior convictions, including five felonies, rejected a plea offer Wednesday from the Genesee County District Attorney and will go to trial instead.

Reginald Wilson was arrested back in September for allegedly breaking into a home on State Street and was charged with burglary in the 2nd and criminal possession of stolen property. He was reportedly caught driving a vehicle stolen from the residence.

Because of his priors, Judge Robert Noonan initially refused bail to Wilson. But in November, Noonan offered him $100,000 bail or $200,000 bond. He remains in custody.

Yesterday, District Attorney Lawrence Friedman offered Wilson the chance to plead guilty to a class D violent felony in the second degree with sentencing as a second felony offender instead of a persistent offender. If convicted as a persistent offender, Wilson could serve a life sentence.

Wilson nixed the offer and a trial date was set for March 29, with a pretrial conference at 9:30 a.m. and jury selection at 10.

Shackled, wearing orange jail garb, his hair in tiny dreadlock braids, Wilson looked over his right shoulder a couple of times during his brief courtroom appearance. He scanned the gallery for friends or family but there were none.

The judge set a cut-off time at which the DA's offer is off the table for good. It's 11 a.m. Feb. 26.

BATAVIA, NY -- A Town of Pembroke board member was fined $200 yesterday following a bench trial in City Court for allowing fireworks to be detonated during a party at his house in June.

Several hundred people attended the party at Gary DeWind's house, according to Michael Mohun, his attorney. Mohun said the party was thrown in honor of DeWind's son, a major in the Army who was being sent to Afghanistan.

The casings for a total of eight rocket-type fireworks were recovered, Mohun said. "Not hundreds, but eight."

The trial was moved from Town of Pembroke Court to City Court because of DeWind's status as a board member and to avoid any possible conflict of interest. Judge Robert Balbick presided.

The charge was an infraction and carried fine of $80 plus a $120 surcharge.

"There was no property damage and nobody was hurt," Mohun said.

Bret L. Bellacosa, 51, of 7852 Hewes Road, Bergen, is charged with grand larceny 4th. Bellacosa is accused of allegedly using his employer's credit card to fill up his personal vehicle with gas on several occasions. The total amount purchased reportedly exceeded $1,000. The case was investigated by Det. Charles Dudek of the Batavia Police Department.

Sean Douglas Lacy, 23, of 7248 W. Bergen Road, Bergen, is charged with harassment 2nd. Lacy was arrested late last night for allegedly punching another person in the face.

Lisa M. Smith, 37, of 5 Thorpe St., Batavia, is charged with criminal contempt 2nd. Smith allegedly called another person in violation of an order of protection.

John T. Kingsley, 32, of Stafford, is charged with 30 counts of petit larceny. Kingsley was arrested Jan. 14 by State Police for allegedly stealing from a business on Veterans Memorial Drive. No further details were released.

Accident reports from the State Police blotter:

8:54 a.m., Jan. 19, Route 77, Pembroke, two vehicles; Driver 1: Tammy M. Corbin, 29, of Batavia; Driver 2: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

A former Le Roy Fire Department chief was sentenced this afternoon to 90 days in jail and five years probation for misappropriating public funds in 2006. He must also pay fees and fines totaling more than $2,500, plus adhere to a number of other stipulations.

Stephen C. Smith appeared in Genesee County Court wearing white sneakers, black slacks, a light gray sweater and shirt, with bandages on his right hand. He offered no comment when Judge Robert Noonan asked him if he had anything to say for himself.

Smith pled guilty in mid-October to forgery in the second degree.

He served as Le Roy's fire chief from 2004-08, and four more as an assistant chief.

"You certainly should be ashamed for what's brought you here today," Noonan told Smith, while acknowleging that part of Smith's punishment has already been self-inflicted.

"It's a blow to remove you from something you've long been associated with," Noonan said.

Genesee County Justice will supervise Smith's probation. He must provide a DNA sample and pay a $50 fee to be registered in the criminal DNA database. He can drink no alcohol and must submit to random testing. He must get a substance-abuse evaluation and write a letter of apology to those affected by his actions. He cannot associate with scofflaws and convicts.

Smith's Attorney Thomas Burns' asked that his client be allowed to pay his restitution at a rate of $50 a month, and Noonan agreed. The judge also agreed to a jail sentence of 90 days, instead of the six months sought by the Prosecutor Kevin Finnell.

Smith will serve the sentence at a rate of 48-hours weekly, from 10 a.m. Mondays until 10 a.m. Wednesdays.

Diane G. Geary, 44, of 4036 West Main St., Apt. #8, Batavia, is charged with two counts of petit larceny and possession of stolen property. Geary was arrested by Det. Kevin Czora following an investigation into the theft of prescription hydrocodone (pain pills) and a social services check from another individual. Geary was jailed on $1,000 bail.

David W. Wells, 21, of 6962 Townline Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operation, improper left turn and failure to stop. Wells was stopped at 1:44 a.m. Saturday by Deputy Jason Saile on Route 19 in Bergen.

Gene Robert Schmidt, 42, of 3150 Dodgeson Road, Alexander, was picked up on a warrant for an alleged violation of probation. Schmidt was stopped for an alleged traffic violation on Dodgeson Road by Deputy Jason Saile and it was discovered there was a warrant for his arrest. Schmidt was jailed on $5,000 bail.

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with petit larceny. Cornell allegedly left the Target store in Batavia without paying for $101 worth of merchandise.

Robert M. Hopkins, 27, of 234 North Spruce St., Batavia, and Jason W. Lebar, 24, of 8170 Batavia-Stafford Townline Road, Batavia, are charged with trespass. Hopkins and Lebar were reportedly on the grounds of the New York State Veterans Home without permission. They were jailed on $250 each.

Kimberly A. Brodsky, 18, of 4 Elm St., Batavia, is charged with DWI, driving with a BAC of .08 or more, operating with one headlight, operating with one headlamp and unlawful possession of marijuana. Brodsky was stopped by Officer Dan Coffey at 2:44 a.m. Sunday on Jackson Street.

Joshua R. Gebhard, 22, of 279 Palmer Road, Churchville, is charged with unlawful possession of marijuana. Officer Dan Coffey reported finding a small quantity of marijuana during a traffic stop.

Reported accidents from the State Police blotter:

4:34 p.m., Jan. 10, Route 98, Batavia, one vehicle; Driver 1: Susan A. Haight, 20, of Albion. No injuries. No citations.

4:00 a.m., Jan. 11, Route 5, Indian Falls, one vehicle: Driver 1: C.C. Bennett, 23, of Corfu. No injuries. No citations.

1:40 p.m., Jan 15, T/A Truck Stop, Route 77, Pembroke, two vehicles; Driver 1: John R. Stellingwerf, 41, Fulton; Driver 2: Murphy Maurice, 44, of Denver, Colo. No injuries. No citations.

5:41 p.m., Jan. 15, Roanoke Road, Stafford, one vehicle; Driver 1: Kevin P. Heiman, 27, of Pavilion. No injuries. No citations.

6:34 p.m., Jan. 15, Shanks Road, Alabama, one vehicle: Driver 1: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

An Akron man faces six criminal charges and has been jailed on $50,000 following an alleged domestic dispute with his ex-girlfriend in Pembroke.

Charles William Schilling, 26, of 9 Exchange St., Akron, is accused is of breaking into his ex-girlfriend's home at 6 a.m. today and assaulting and threatening her in front of her 7-year-old son.

Schilling was arraigned on three felony and three misdemeanor charges.

He is charged with burglary 2nd, coercion 1st, criminal mischief 1st, menacing 3rd, endangering the welfare of a child and resisting arrest.

Five people arrested in early December in connection with a suspected methamphetamine lab at 28 Clay St., Le Roy, now face federal charges as well.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arraigned in Federal Court in Buffalo on a charge of conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug-trafficking crime.

Besides the Genesee County charges resulting from the meth lab raid Dec. 10, Elmore was accused a week later by Le Roy Police with passing fake $10 bills.

Also charged were manufacturing and distribution were:

• Kari L. Riggi, 21, of 28 Clay St.
• Koree R. Stephenson, 22, 6539 Dodson Road, Wyoming
• Nathan D. Bernard, 21, 28 Clay St.
• Joshua A. Miller, 20, 51 Myrtle St.

None of those four defendants face the additional weapons charge, which is an enhancement that can lead to more time in a federal penitentiary.

Elmore, Stephenson, Riggi and Bernard remained jailed in Genesee County on $75,000 bail.

Miller is out of jail under the supervision of Genesee County Justice.

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

Seven months into her pregnancy, a Caledonia woman who admitted to stealing jewelry and guns from a Le Roy Home this summer, has been released from jail until after the birth of her baby.

Nicole L. Green, 23, was scheduled for sentencing today on her burglary 2nd conviction, but Judge Robert C. Noonan delayed sentencing and released Green to the care and custody of her parents for the final months of her pregnancy.

"I'm counting on your parents who I assume have the same concern for your baby as I do, and that if you violate any the terms of your release, you be taken away from your baby for a very long time," Noonan said.

Green was jailed without bail in November following a reported violation of the terms of her release while awaiting sentencing on her conviction. Green reportedly failed a test for substance use.

The young woman, visibly pregnant and dressed in orange jail garb, agreed with Noonan repeatedly that her parents would ensure she obeyed the terms of her release.

Noonan called her parents to the bench and asked them both if they would ensure that she stayed in their house 24/7 and report any violation immediately to the court. They said they would.

If Green abides by the terms of her release, rather than a prison sentence, Noonan could release her on a lengthy probation term.

The attorney for an Oakfield man accused of burglary and larceny at Holland High Lift in Bethany withdrew a series of motions today and set his client's case for trial.

Unless a plea agreement is reached before Feb. 26, the case of Michael L. Jackson will go to trial April 19.

Jackson is accused of burglary 3rd, two counts of grand larceny 3rd, and two counts criminal mischief 2nd.

The case was set for a hearing today on Public Defender Gary Horton's motions to suppress Jackson's post arrest statements, but Horton withdrew those motions, according to Assistant District Attorney Will Zickl, and instead asked that a trial be scheduled.

For previous coverage, click here.

Melissa Ellen Quigley, 30, of 6535 Main Road, Stafford, is charged with unauthorized use of a vehicle, operating a snowmobile while intoxicated and operating a snowmobile without a helmet. Quigley was arrested at 1:45 this morning by Deputy Frank Bordonaro on the listed charges.

Craig M. Meyer, 24, of 6611 Albion Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Meyer was stopped by Deputy Tim Wescott for allegedly driving 78 mph in a 55 mph zone on Route 63 in the Town of Batavia on Wednesday.

Cory R. Markidis, 20, of 2 Beechwood St., Rochester, is charged with unlawful possession of marijuana and unlicensed operation. Markidis was stopped by Deputy Matthew Butler on Route 33, Town of Stafford on Jan. 3.

A 17-year-old resident of Oakfield is charged with unlawful possession of marijuana. The youth was arrested at his home after allegedly being found in possession of a small quantity of marijuana.

A 17-year-old from Alexander is charged with unlawful possession of marijuana. The youth was arrested by State Police on Jan. 6. No further details available.

Jeffery R. Muntz, 26, of Bergen, is charged with aggravated unlicensed operation and false personation. Muntz was arrested by State Police at 3:10 p.m. Tuesday on Irving Parkway in Oakfield. He was jailed on an unspecified bail amount.

The following accidents were included on the State Police blotter:

9:03 a.m., Jan. 6, Town of Bergen, one vehicle; Driver: Mary E. West, 37, of Pallmetto, Fla. No injuries.

2:08 p.m., Jan 6, Fargo Road and Harlow Road, Town of Darien, two vehicles; Driver 1: Derek R. Long, 18, of Akron; Driver 2: James J. Lis, 22, of Darien Center. One reported injury.

2:55 p.m., Jan. 12, Brown Road, Town of Batavia, two vehicles; Driver 1: Timothy M. Zielinski, 40, of Attica; Driver 2: James J. Diabo, 59, of Batavia. No injuries.

3:59 p.m., Jan 12, Byron Holley Townline Road, Byron, one vehicle; Driver 1: Racheal J. Millspaugh, 26, of Bergen. No injuries.

(NOTE: One of the consistent bits of feedback from our survey is that we don't always follow up on accidents and other incidents we initially report off the scanner. We don't always get the reports in order to follow up. The State Police blotter includes some information about any accidents Troopers investigate. Rather than try to tie one particular blotter entry to something we may or may not have reported before, we thought we would start including all of the accidents from the blotter in Police Beat.)

Sheriff's deputies, State troopers and a State police helicopter have been in the area of Mullen Road in Stafford for the past 30 minutes or so looking for a possible burglary suspect.

Sgt. Greg Walker, on scene, said the original call came in with a suspect seen running from a house and that items were stolen from the house.

It's uncertain if the suspect is still in the area. The state helicopter is no longer part of the search, but deputies and troopers remain on scene on Mullen between Prole and Morganville roads.

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A man who admitted to raping a Genesee County girl will spend three years in state prison and 10 years on supervised probation, Judge Robert C. Noonan ruled this afternoon.

Thomas J. Preedom, 21, of Wyoming County, admitted to rape 2nd in November, as well as attempted escape 2nd.

Reference in court to the case today, indicates that Preedom engaged in consensual sex with an underage girl and the girl had a baby who may or may not have been fathered by Preedom.

Following his arrest, Preedom tried to escape from the State Police barracks in Batavia, where he fought with Troopers and damaged state property.

Defense Attorny Jerry Ader argued that a past probation violation notwithstanding, Preedom was a viable candidate for a probation sentence in this case.

"Despite his prior behavior, he deserves a chance at probation even given this serious charge," Ader said. "He readily admitted to police and to the court what he did and acknowledged that his behavior was wrong, even though it was consensual, it was wrong under the law."

Ader said Preedom has been studying for a career, spending more time hitting the books in jail then he ever has in his life, and that he's grown through the process. He is not the same person, Ader said, that he was as a youth when he was convicted of selling marijuana, and violated probation (which Ader characterized as a legitimate misunderstanding with the Town of Batavia court over the terms of his probation).

For his part, Preedom asked Noonan for probation.

"I'm not a bad kid," Preedom said. "I made some bad decisions in my past and I request a second chance. I'm just asking for a second chance. I think I can succeed on probation. If this child is mine or not, I will take care of it."

Noonan said he couldn't look past his prior probation violation.

"I think by your conduct, you violated your chance at probation," Noonan said.

The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.

District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.

The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.

Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.

"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes. 

Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.

Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."

Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.

The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.

Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.

Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.

Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.

For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").