crime

Kerry Hoffmann, the 27-year-old former band teacher from Oakfield-Alabama accused of sexually abusing a student, will take his case to trial, according to his attorney.

Hoffman appeared in Oakfield Town Court this evening to set a trial date.

"People will be surprised," said his attorney, Thomas D. Calandra. "We will be bringing up issues that will surprise people."

Hoffman turned down a plea offer this evening, according to Assistant District Attorney Kevin Finnell.

"We talked about a plea, but it didn't come to fruition," Finnell said. "I don't know how close it was, but it was being considered up until tonight and then it was rejected."

Hoffman has until 24 hours before the scheduled trial date, 9:30 a.m. March 23, to accept any plea offer.

All six charges against Hoffman, five counts of sexual abuse and one count of endangering the welfare of a child, are misdemeanors.

UPDATE: 13WHAM reporter Sean Carroll says that Finnell told him Hoffman faces a 7th charge -- this one, official misconduct.

Photo: Kerry Hoffman outside of court this evening. Photo courtesy 13WHAM.

The man accused of driving Kid Rock's tour bus while drunk entered a not guilty plea to three DWI charges during an arraignment this morning in Genesee County Court.

Joseph S. Devlin, 37, St. Augustine, Fla., was arrested July 15 after Sheriff's deputies spotted the bus on Route 77 in Pembroke, they say, operating erratically.

Devlin was employed at the time by a company contracted to provide transportation for Kid Rock and his entourage.

He faces two felony counts of DWI.

Devlin posted the $10,000 bail set in the case immediately.

Previously:

• Driver of Kid Rock crew busted for alleged DWI
• Kid Rock bus driver not drinking Tuesday night, Buffalo attorney says

An employee of a restaurant in the Village of Le Roy is accused of stealing food and possibly other items over a period of time from his employer.

Arrested was Shawn D. "Bucky" McCumiskey, 38, of 24 North Genesee St., Fillmore.

He is charged with one count of petit larceny.

McCumiskey was allegedly caught by another employee at 2:30 p.m. Dec. 23 removing product from the restaurant.

Det. John Condidorio investigated the alleged crime.

Stuart P. Newbould, 43, of 15959 Bridge Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to stop for a stop sign. Newbould was arrested by Deputy John Weis after he was allegedly involved in a property damage accident on Friday at the intersection of South Holley and North Bergen roads. Newbould was also accused of driving at an unreasonable speed.

David W. Pape Jr., 22, of 32 Alpine Lane, Caledonia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Pape was arrested after his car reportedly went off the edge of the road on Route 19 in Bergen at 2:42 a.m. Saturday. Deputy John Weis also issued Pape a ticket for alleged unlawful possession of marijuana.

Corey Jamed Hemmer, 23, of 91 S. Main St., Apt. B, Elba, is charged with failure to pay a fine. Hemmer was arrested following a NYS parole check, when parole officers realized there was an outstanding Genesee County warrant for his arrest.

An Erie County man has been accused of selling narcotics to a Genesee County undercover agent.

John L. Tillman, 34, of 87 Phyllis Ave., Buffalo, was picked up by the Erie County Warrants Office and turned over to the Genesee County Sheriff's Office today.

Tillman is charged with two counts of criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd.

The Genesee County Local Drug Enforcement Task Force received a sealed indictment against Tillman after he allegedly sold crack cocaine in the City of Batavia to an undercover agent.

Tillman was arraigned in Genesee County Court and jailed without bail.

A 20-year-old Stafford man has been arrested following an investigation into the theft of more than $7,000 worth of construction tools in 2008.

John R. Testa, of 6005 Bartof Road, was arrested Wednesday by the Genesee County Sheriff's Office and charged with one count of criminal possession of stolen property in the 3rd degree, a class D felony.

He is accused of allegedly taking about $7,331 in tools reported stolen from trailers at the Lowe's construction site on Veteran's Memorial Drive in Batavia. The goods were believed to have been taken during the night hours June 25 - 26, 2008.

The tools were allegedly found in Testa's possession on July 1, 2008 at a location in the Town of Stafford. They were recovered by the Sheriff's Office, with the exception of two saw-alls and a cordless drill, which are still missing.

Testa was arraigned before Stafford Town Justice Call and released under the supervision of Genesee Justice. His next court date is set for 1 p.m. on Feb. 2.

Investigator Timothy Weis handled the case, with assistance from Deputy Daniel Vanvalkenburg and Deputy Ronald Meides.

Wanted by the Genesee County Sheriff's Office: Gene S. Schmidt. The Sheriff's Office has two warrants for Schmidt: Alleged violation of probation and alleged harassment 2nd. Any information on his whereabouts can be provided to the Sheriff's Office at (585) 343-5000.

A 43-year-old teller for Bank of Castile is accused of stealing $45,000 from the Le Roy branch where she worked.

Tracy L. Smith, of 77 Rochester St., Bergen, was arrested by Le Roy Police Detective John Condidorio after a lengthy investigation.

Condidorio says that Smith's alleged thefts began in 2007 when she stole $20,000 from her cash drawer over a period of time. Smith allegedly manipulated the accounting system to cover up the theft.

Then, starting in June 2008 and continuing until December, Smith allegedly forged checks and deposit slips to steal another $25,000.

An alleged attempt by Smith to cover her tracks by removing a $20,000 lump sum from a cash delivery is what caused an investigation into her conduct to begin.

Smith is charged with two counts of grand larceny 3rd and four counts of forgery 2nd.

The Bank of Castile, through the Le Roy Police Department, is asking customers to review bank statements and notify the bank immediately if any unusual activity is found.

Assisting in the investigation was the Buffalo office of the FBI and the Bank of Castile.

Jeffery Owen Coats, 45, of 10553 Bethany Center Road, Bethany, is charged with stalking 4th. Coats is accused to sending text messages to his ex-wife after State Police ordered him to stop texting her.

A 16-year-old from Batavia has been charged with menacing 2nd. The boy is accused of brandishing a large kitchen knife during a domestic dispute.

The Genesee County Department of Social Services reports that a former Batavia resident, Alexis Oberlander, now residing in Buffalo, was sentenced in Genesee County Court on Monday on welfare fraud charges.

She bilked the Genesee County Department of Social Services out of $60,523.50 and was sentenced as a second-felony offender and will serve one-and-a-half to 3 years in prison.

The case has a long history.

Oberlander was originally arrested on March 23, 2006 and charged and convicted in December 2006 on 12 counts of Offering a False Instrument for Filing in the 1st Degree and one count of Grand Larceny in the 2nd Degree.

She filed an appeal and was given a stay on her sentence. In March 2009 the Appellate Division overturned 12 of the 13 counts and granted her a new trial on the remaining count of Offering a False Instrument for Filing in the 1st Degree.

After a jury trial, she was convicted last August of one count of Offering a False Instrument for Filing in the 1st Degree.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services at (585) 344-2580 ext 6417 or 6416. All calls are confidential.

A 21-year-old Batavia mother is accused of hurting her baby after the infant would not stop crying.

Nikki Stonebraker, of 25 Vine St., is charged with assault 2nd and endangering the welfare of a child.

She was jailed on $10,000 bail.

Stonebraker allegedly placed her hand over the 6-month-old infant's mouth and pushed down after the baby's cries awoke her around 11 a.m. on Dec. 21.

Batavia Police say the baby is doing fine now and has been placed with the father.

An Alexander woman who reportedly fled after she got wind of deputies going to her residence to arrest her on a warrant, entered a guilty plea today to a probation violation.

Brittany L. Frey failed to appear at Genesee Justice on four occasions under terms of her probation, so Judge Robert Noonan issued an arrest warrant.

According to a Sheriff's Office release in November, Frey heard deputies were looking for her, so she parked her car on Attica Road and fled into the woods. She was later found at a Batavia apartment.

Paul Ryan Tenney, who admitted stealing more than $106,000 from Elcon, Inc., will spend at least a year and two-thirds in state prison and could be locked up for as long as five years.

Judge Robert Noonan imposed the sentence this morning after hearing a request by Public Defender Gary Horton and Tenney himself to allow Tenney to continue in a substance-abuse program.

Noonan said after reviewing Tenney's record and the number of probation violations, as well as Tenney's failure to comply with the terms of a supervised release after entering a guilty plea in September, that prison time was appropriate in this case.

"I have to measure past performance against any gleam of hope that you would complete conditions of a supervised release," Noonan said. "I came to the conclusion that what is right for you is to sentence you."

Before Noonan imposed his sentence, Tenney said he was sorry for what he did.

"I remember I would sit at the computer and I kept telling myself I can't do this, and I couldn't stop myself," Tenney said. "I never wanted to hurt anybody, especially Mr. Leising. ... I can't apologize enough."

The issue of restitution was delayed until next week, but Tenney said he intends to repay "every penny" he stole.

An Elba man is accused of hitting a Sheriff's deputy's car in Orleans County and is now in jail on $2,000 bail.

He and three passengers in the car are also facing an investigation by the Border Patrol of their immigration status.

Felix Ignacio-Castro, 19, is accused of DWI, aggravated DWI, resisting arrest and other traffic violations.

Ignacio-Castro was reportedly eastbound on Brown Schoolhouse Road in Clarendon when he crossed over the center line and struck a patrol car.

Deputy D.S. Foeller was driving the patrol car at the time.

After a brief foot chase, Ignacio-Castro was reportedly Tasered.

(via WBTA)

Michael V. Poleo, 26, of 3409 W. Main St., Batavia, is charged with criminal mischief 3rd, DWI, unlawful possession of marijuana and failure to keep right. Poleo was reportedly stopped by Deputy Patrick Reeves on Route 5 in the Town of Batavia following the report of an erratic driver. At the time of his arrest, he was reportedly found in possession of marijuana. Allegedly, upon arriving at the Genesee County Jail, Poleo became irate and kicked a holding cell door and cracked the window. The damage is estimated at more than $250.

Brittany L. Ellis, 20, of 15 Bostwic Place, Hornell, is charged with petit larceny. Ellis is accused of shoplifting from Famous Footware on Veteran's Memorial Drive in Batavia.

Zeke A. Gross, 38, 965 Avenue D St., Rochester, is charged with aggravated unlicensed operation 1st and speeding. Gross was reportedly stopped for speeding by Deputy Patrick Reeves on Route 5 in Pembroke. After the stop, it was found that Gross reportedly has 32 suspensions or revocations on his driver's license, including operating without insurance, failure to pay child support, dishonored check, failure to pay fines and failure to answer summons. Gross posted a $350 pre-arraignment bail and was released on an appearance ticket.

Martin F. Jones, 38, no permanent address, is charged with two counts of harassment 2nd. Jones allegedly hit two different women at two different locations. One alleged incident was at 10:30 p.m. Thursday at the other was at 3:30 p.m. Saturday. The alleged incidents are not related. Jones was jailed on $750 bail.

Jeffery J. Fisher II, 20, of 4940 Bigford Road, Medina, is charged with petit larceny. Fisher is accused of shoplifting alcohol from Tops Market.

A 17-year-old from Bergen was arrested by State Police at 9:15 a.m. Tuesday and charged with harassment 2nd and unlawful possession of alcohol by a person under 21. No further details were released.

Thomas S. Hallett, 31, of 383 Bloomingdale, Apt. 2, Akron, is charged with DWI, aggravated DWI and leaving the scene of a property damage accident. Hallett was allegedly involved in a disturbance at the Log Cabin, which lead to his ejection from the restaurant. Upon leaving, Hallett reportedly got into his car, backed up quickly, struck another car and then drove away quickly, spinning his wheels as he left. Deputy Kevin McCarthy contacted Hallett at his home and determined, based on the interview, that Hallett was allegedly driving drunk.

Ashley S. Houck, 21, of 397 Magee Ave., Rochester, is charged with parking in a handicap space. Houck was picked up on a bench warrant at 2:20 p.m. yesterday stemming from a conviction in July. Houck was jailed on $120 bail.

Timothy W. Walton, 26, of 33 Washington Ave., Attica, is charged with criminal contempt 2nd. Walton allegedly sent a text message to an ex-girlfriend he was barred from contacting.

Deborah R. Vogel, 55, of Le Roy, is charged with harassment 2nd. Vogel was arrested by State Police at 11:11 a.m. yesterday in Pavilion. Not further details were released.

The Canandian woman who earlier this week was charged with a series of crimes in Genesee County stemming from a high-speed chase on Dec. 19 faced justice in Orleans County yesterday.

The Buffalo News reports that Crystal Pinnock appeared in Albion Town Court to answer to charges in Albion, Barre and Gaines. She also appeared later in Carlton. 

She was charged with reckless driving, speeding and failure to yield to a police vehicle, among other charges.

Albion Justice Kevin J. Howard committed her to jail without bail.

Michelle M. Kasper, 20, of 4591 Kams Road, Albion, is charged with DWI (as a felony under Leandra's Law), endangering the welfare of a child (three counts), and unlawful possession of marijuana. Kasper was stopped on Judge Road in Alabama by Deputy Tim Wescott at 9:30 p.m. yesterday who responded to a report of a car off the roadway. This is the second arrest of a WNY resident in the past week under terms of the recently enacted Leandra's Law.

Honour Haley Myers, 21, of 6392 Hamm Road, Lockport, is charged with unlawful possession of marijuana. Myers was arrested following the investigation of a reported domestic incident in Stafford.

Deputy Brad Mazur apparently makes for a convincing pizza delivery driver.

On Nov. 15, Mazur showed up at the home of a Byron woman with a fresh pizza from Fullerino's Pizza and asked her to sign the credit card slip.  The woman signed, just as she reportedly has before for orders from Fullerino's.

Mazur's ruse worked.

The credit card number used by the woman was allegedly stolen.

After Mazur identified himself he asked the lady a few questions. The interview led to the discovery of several such allegedly fraudulent transactions that began with the woman reportedly stealing credit card numbers while employed at Batavia Citgo.

Mazur delivered his pizza to Alisha A. Ballard, 21, of 7174 Byron Road.

Ballard faces several charges, including petit larceny, forgery 2nd, unlawful possession of a  personal ID, identify theft 2nd and falsifying business records 1st.

After being arraigned in Batavia City Court, Ballard was released under the supervision of Genesee Justice.

The investigation began Oct. 30 after a local resident complained that his credit card number had been used without his authorization to order food from Fullerino's. Mazur and Deputy John Duyssen conducted the investigation.

The alleged credit card thefts date back to Aug. 18.

The Canadian woman who allegedly led local law enforcement on a high speed chase through Genesee County and into Orleans County on Dec. 19 has been charged with a series of vehicle infractions and a misdemeanor steaming from the incident.

Crystal Pinnock was arraigned today in Stafford Town Court before being released to Orleans County for arraignment on charges in that county.

Pinnock was charged with:

• Town of Le Roy, speed over 55 mph and unsafe passing.
• Town of Stafford, unlawful fleeing of a police officer (a misdemeanor), speed over 55, failure to yield to emergency vehicle, driving left of pavement markings and a misdemeanor count of reckless driving.
• Town of Batavia, speed in zone, driving left of pavement markings.
• City of Batavia, speed in zone, reckless driving (misdemeanor) and three counts of passed red light.

State Police will also press charges for alleged infractions in Elba.

Previously:

• Woman who reportedly crashed through border crossing chased through Genesee County
• Border Patrol says it notified local law enforcement of alleged illegal border crossing