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Convicted Elcon embezzler in substance abuse program pending sentencing

By Howard B. Owens

Ryan Tenney, who admitted to embezzling more than $100,000 from his former employer, Elcon, Inc., still hasn't been sentenced for his crimes.

While his attorney would like to delay his sentencing at least one more time, Judge Robert Noonan ruled this morning that the sentencing scheduled for 9 a.m. Jan. 4 will stay on the court calender.

"I'm not yet certain Mr. Tenney should be out (of incarceration) in long-term treatment," Noonan said. "It won't take much from Hope Haven to report a rules violation to go straight to sentencing."

Tenney was released from jail on Dec. 2 to enter substance abuse treatment at Hope Haven. A report on his progress was not available to Noonan this morning, so even though Hope Haven is recommending Tenney now be placed in Trapping Brook, another treatment house, Noonan didn't want to delay the scheduled sentencing.

Tenney's attorney Gary Horton said after court that a bed could open for Tenney at Trapping Brook within days.

Previously:

Two people charged with dealing cocaine following arrests at Days Inn

By Howard B. Owens

Two people accused of dealing cocaine were arrested at the Days Inn at 200 Oak St., Batavia, early this morning.

Both were arraigned in City Court at 11 a.m.

Taheed M. Moffett and Lekisha M. Avant are both charged with criminal possession with intent to sell and criminal possession of a controlled substance.

Judge Robert Balbick set bail for Moffett at $50,000 and for Avant at $15,000.

According to First Assistant District Attorney David Gann, if convicted, Moffett will have a second felony conviction. He also has a pending robbery charge.

Moffett, who was not represented in court by an attorney, which is common at this stage of criminal procedures, asked for reduced bail.

"I've been at every court date and haven't been late for one court date," Moffett said. "I hope that can be taken into consideration. I'm not a flight risk. I have family in the area and I've been coming to court."

Later, Moffett said he didn't understand why he was arrested.

"I know you've got nothing to do with this, Judge Balbick, but I didn't possess anything," Moffett said. "The other person had it."

Balbick explained that the state will have to prove its case at a preliminary hearing, but for now he was being arraigned on these charges.

Avant said she's only had a prior disorderly conduct charge, and that she lives with her mother and recently completed Job Corps.

If convicted, Moffett could be sentenced from two to 12 years, according to Gann. Avant's possible sentence is nine years.

Earlier today, Sheriff Gary Maha said there will be a press release forthcoming about the raid at the Days Inn at 12:30 a.m.  At this time, we don't know if any other individuals were involved.

UPDATE 12:30 p.m.: The Sheriff's Office has issued a press release on this case:

Moffett is 25 and a resident of 33 Turner St., Rochester. 

Avant is 22 and a resident of 314 Woodbine St., Rochester.

Members of the Genesee County Local Drug Enforcement Task Force executed a search warrant over night on Room 121 of the Days Inn.  Batavia Police received a tip about crack cocaine sales at the hotel. The Sheriff's Office says more than $1,000 in crack cocaine was found in the search.

Police Beat: Arrest for alleged DWI in Bethany

By Howard B. Owens

Gregory M. Brew, 24, of 4799 Linden Road, E. Bethany, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, operation on a conditional-use permit. Brew was arrested by Deputy Frank Bordonaro after it was determined he had allegedly been driving a car found at the edge of the road on Bethany Center Road at 2:30 a.m. yesterday.

Sath Paul Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with harassment, criminal mischief and disorderly conduct. Dhanda was arrested Christmas Eve at 10:36 a.m. after Deputy James Diehl responded to a call of a reported disturbance at the Travel Lodge. Dhanda allegedly spit on someone. He also allegedly damaged a TV set at the hotel.

Apparent drug arrests made at Days Inn

By Howard B. Owens

Witnesses tell us they saw Batavia Police and Genesee County Sheriff's patrols as well as other vehicles show up in force at the Days Inn in Batavia about 12:30 this morning.

Sheriff Gary Maha confirmed this morning that there was a drug raid at the location in execution of a search warrant, but said no further details are available until later today, when a press release comes out.

The subjects have not been arraigned yet.

Batavia woman faces felony DWI charge under new law

By Howard B. Owens

A Batavia woman is the first person in Western New York charged with an enhanced felony DWI under a new statute that took effect Dec. 18 known as "Leandra's Law."

The law turns a misdemeanor DWI into a felony DWI if children are in the car.

Michelle T. Crawford, 24, was reportedly picked up by State Police in the Town of Marilla in Erie County.

Troopers were alerted Sunday afternoon to a domestic dispute in the Town of West Seneca in which the woman involved drove away with her three children, and she was reportedly agitated and had been drinking. The initial report had her heading back to Batavia.

Shortly after the initial report reached State Police, a trooper spotted a vehicle matching the description of the one that left West Seneca on Clinton Street near Two Rod Road.

Following a traffic stop, Crawford was charged with felony DWI, three counts of endangering the welfare of a child and other traffic offenses. Crawford allegedly refused a breath test.

She was jailed in the Erie County Holding Center on $25,000 bail.

The children, ages 4, 3 and 17 months, were picked up by a relative.

Batavia police looking for suspect in Tracy Avenue shooting

By Howard B. Owens

Police now have a suspect in the case of shots fired on Tracy Avenue last Wednesday. It's the same person they've been looking for all along; he's now formally a suspect.

And he's also suspected of stealing a truck from Western NY Concrete on East Main Street prior to the shooting.

The truck was found on Ellicott Avenue about three hours after the shooting, according to Det. Richard Schauf, and police believe it's the same truck used by the alleged shooter on Wednesday. The truck is being checked for evidence.

There's no new information available on the suspect.

Police are also not saying how many shots were fired, just that several hit the car.

Detectives now want to talk to a third person they believe was in the car with the two 18-year-olds mentioned in previous reports. The third person is male and a teenager. He has not made himself available for an interview. It's not believed he was wounded during the attack.

Law enforcement agencies throughout Western New York have been advised to be on the lookout for the shooting suspect.

Police also continue to try and retrace the steps of the occupants of the car in an attempt to further the case.

Police Beat: DWI arrest on Christmas morning

By Howard B. Owens

Joel Moreles-Cruz, 35, of 13 Jackson St., Apt. 2B, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Moreles-Cruz was stopped by officer Darryle Streeter at 1:54 a.m. on Christmas on Ellicott Street after police received a report that Moreles-Cruz was allegedly driving without a license.

Sharnice S. Gibson, 18, of 21 Wood St., Batavia, is charged with criminal attempt in the 1st degree. Gibson allegedly approached a woman she was barred from contacting and threatened her.

Steven Michael Chauncy, 19, of 10637 Pavilion Center Road, Pavilion, is charged with unlawful dealing with a child in the 1st degree. Chauncy is accused of hosting an under-age drinking party. He was arrested at 2:30 a.m. on Saturday.

Travis G. Hawley, 18, of Bergen, is charged with an alcohol control violation and petit larceny. Hawley was arrested by State Police for an alleged violation on Dec. 4. No further details were released.

Trailer broken into at St. Jerome's construction site

By Howard B. Owens

Batavia Police are looking into a report that somebody broke into a construction trailer at 16 Bank St. and made himself a pot of coffee.

There is photographic evidence.

The suspect may be a homeless man asked to move along from the Post Office building yesterday.

Nothing, other than some coffee, appears to be missing from the construction trailer.

Batavia police looking for person of interest in Tracy Avenue shooting

By Howard B. Owens

Last night's shots fired on Tracy Avenue was likely no random act of violence, according to Batavia Police Det. Richard Schauf.

"Our investigation right now is leading us toward a possible relationship as opposed to a road rage incident," Schauf said during a press conference this morning. "Based on early investigation and comments that were made, it's looking more pointed than random."

At 10:30 p.m., two 18-year-old men were driving on Tracy Avenue being followed by a truck, when they pulled into a driveway to try and evade the tail, somebody in the truck opened fire on the car. The car, a 1999 Mazda 626, managed to plow through a snow bank and escape the scene of the shooting.

Neither occupant was injured. One of the victims is a Town of Batavia resident and the other is from the Village of Albion.

Police are looking for a person of interest and have sent bulletins to law enforcement agencies throughout New York.

Schauf said that based on the number of shots fired at the car, the shooting was intended to actually cause harm instead of just intimidating the young men. The two people may still be in some degree of danger with the shooter still at large.

The police have the name of the person of interest, but are not releasing that information.

While the 18-year-olds are being cooperative, Schauf said, their first statements were the most useful in identifying the person of interest.

"Initially in the excitement of it, there were some statements made by the victims that led to a person who might be of interest," Schauff said. "As the investigation has gone on it hasn't been as clear as it was during the initial excitement."

To help identify the likely shooter and uncover a connection, police are interviewing the youths as well as their friends to try and retrace their steps yesterday.

There is no definitive description of the shooter's truck, if it was indeed a truck. Police are unsure if  there was one person or more than one person in the vehicle.

Police would like residents to report any unusual driving they saw last night in the area of Tracy and East avenues. 

Police Beat: Accident investigation in Bethany leads to DWI arrest

By Howard B. Owens

Shauna L. McDonough, 39, 504 West Center St., Beech Haven, N.J. is charged with DWI, aggravated driving with a BAC of .18 or greater and unlicensed operation. Sheriff's deputies responded to a report of a single-car accident on Route 63 off Fargo Road. The car was reportedly well off the roadway. Sgt. Greg Walker investigated the accident and determined that McDonough was traveling at an unsafe speed and was allegedly driving drunk.

A 17-year-old girl from Batavia has been charged with petit larceny. She allegedly stole from her employer, Kmart.

Tammy J. Alexyn, 34, of 48 Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. Alexyn was stopped on Brown Road in the Town of Batavia by Deputy Jason Saile at 1:34 a.m. today.

Kristy L. Sherman, 23, of Bloomfield, has been charged by State Police with harassment. The alleged harassment took place in Le Roy Dec. 18 at 8:31 p.m. No further information available.

Man allegedly attacked girlfriend in car and at Batavia police station

By Howard B. Owens

An Oak Street resident is accused of assaulting his girlfriend both in her car and later at the Batavia Police station, where she had gone to report the first alleged attack.

Michael P. Gattuso, 28, of 108 Oak St., upper, was jailed on $1,000 bail after being charged with assault in the 3rd degree and criminal mischief in the 4th degree.

Gattuso is accused of punching out the windshield of his girlfriend's car, hitting her in the head and then following her into the police station after she drove there to report the crime. Once inside the police station, while his girlfriend was on the phone with Genesee County dispatchers, Gattuso reportedly started punching her in the head again.

The alleged attack occurred at 5:50 p.m. yesterday.

Several police officers responded to the station and took Gattuso into custody.

Person sought following report of shots fired in Batavia

By Howard B. Owens

Police responded to a report of shots fired in the City of Batavia at 10:30 last night and say that a car was struck by the bullets.

Investigators reportedly have identified a person of interest in the case.

There were no injuries reported.

Area law enforcement agencies have been notified to be on the look out for the person of interest and warned that the person may be armed.

UPDATE 8:54 a.m.: Police have released additional information about the case.

The car that was shot at was occupied by two 18-year-old men. They reported being followed by what appeared to be a pickup truck on Tracy Avenue.

In an attempt to get away from the pickup truck, the driver pulled into a driveway. It was then that a person in the truck fired at the car. The driver plowed through a snow bank to try and get away.

Neither occupant was struck, but the car was damaged. Police are examining the car in an attempt to recover any evidence.

Batavia Police are planning at press conference at 11 a.m. to answer media questions and release any new information, if available.

A dozen people accused of entering illegally picked up on Bank Street this morning

By Howard B. Owens

A traffic stop by State Police on Bank Street near College Road about 7:30 this morning led to the detention of 12 individuals who may have entered the country illegally.

All 12 are from Mexico, according Mike Gilhooly, spokesman for Immigration Control Enforcement.

Ten of the individuals were turned over to the U.S. District Attorney for criminal prosecution, one suspect is already awaiting a court hearing on a previous charge of entering the country illegally and the 12th was a minor who was turned over to the Office of Refugee Resettlement for processing.

One of the group had previously been deported, Gilhooly said.

The names of the individuals were not immediately available.

The driver of the white van was not picked up by immigration, Gilhooly said. He referred us back to State Police for information on that person and we are awaiting an answer to our e-mail on that subject.

Thank you to a reader tip for bringing this item to our attention.

Police Beat: Man accused of stealing video games from roommate

By Howard B. Owens

Brandon C. Dodd, 23, of 128 1/2 State St., Batavia, is charged with petit larceny. Dodd is accused of stealing two video games from his roommate and selling them for cash at a local video game store.

Edwin Morales, 52, of 11293 Ridge Road, Medina, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morales was stopped on Route 63 in Alabama after Deputy C.J. Minuto observed Morales's vehicle allegedly cross the center double yellow line.

Kenneth W. Bater, 18, of 7795 Creamery Road, Bergen, is charged with DWI, consumption of alcohol in a vehicle and driving with a BAC of .08 or greater. Bater was arrested after Deputy Frank Bordonaro responded to a report of a suspicious vehicle at the side of the road on Creamery Road in Bergen. A passenger in the car, Kenneth E. Hale, 18, of 6101 North Lake Road, Bergen, was also charged with consumption of alcohol in a motor vehicle.

UPDATE The following is additional information on an accident we reported previously, and we just received the information from the State Police:

Steven M. Smith, 21, of Batavia, is charged with DWI and aggravated DWI. Smith reportedly hit two parked cars in the area of the old 84 Lumber store on Ellicott Street at 12:58 p.m., Sunday.

Alexander teacher accused of forcibly touching a student

By Howard B. Owens

An Alexander Central School District teacher has been accused of conducting an inappropriate relationship with a student.

He's been charged with three misdemeanor counts, which are official misconduct, endangering the welfare of a child and forcible touching.

Sheriff's investigators say they found mobile phone data and phone records linking Mark R. Hamilton, 49, of 8011 Caswell Road, Stafford, with the alleged inappropriate relationship with the student.

Sheriff's Office Youth Officer C.M. Erion obtained data from Verizon Wireless as part of his investigation, which was assisted by Western New York Regional Computer Forensics Laboratory in Buffalo.

Hamilton, a graduate of Geneseo State College, was hired in 2000 by the Alexander Central School District as an elementary school teacher. While the Sheriff's Office press release lists him as a high school teacher, the district's Web site indicates he was most recently a science teacher in the middle school. He coached Batavia girls basketball from at least 2000 until 2008. WBTA reports he's been on adminisrative leave for a month.

Suspect accused of bringing needle into jail

By Howard B. Owens

A Le Roy man jailed for allegedly writing $1,000 in bad checks now faces contraband charges.

Aaron L. Heale, 28, is accused of bringing a hypodermic needle into jail with him.

He is charged with promoting prison contraband in the 1st degree and criminal possession of a hypodermic instrument.

Further charges are pending a toxicology report on the needle.

Heale was arrested previously for allegedly using checks from a closed bank account to purchase more than $1,000 worth of items from a Le Roy store.  During the search of his apartment, investigators allegedly found drug paraphernalia.  He faces grand larceny and criminal possession of a controlled substance charges.

Batavia executive admits to skipping taxes for 4 years

By Howard B. Owens

Joseph P. Ryan, 52, a Batavia resident, admitted in an Albany court yesterday that he failed to file an income tax returns from 2004 through 2008.

The charge of failing to file is a misdemeanor.

Ryan is a vice president of Brighton Securities, which has an office in Batavia, but is headquartered in Brighton, a suburb of Rochester.

Before entering the plea, Ryan paid the state $57,749 in back taxes.

He was sentenced to one-year conditional release and a $5,000 fine.

(Source: Democrat and Chronicle).

'Shaken baby' defendant pleads guilty to attempted assault

By Howard B. Owens

A Batavia man accused of shaking a baby and hitting the infant's head on a hard surface, pled guilty this afternoon to one count of attempted assault in the 1st degree.

Dietrich Williams faces a sentence of three-and-a-half  to 15 years in prison, said District Attorney Lawrence Friedman, as part of a plea agreement.

Williams was charged with assault in the 1st degree and reckless endangerment of a child.

"Rather than take a chance on the more serious charge, we decided to get a plea on the Class C violent felony and give the judge the latitude to sentence him up to 15 years," Friedman said.

The higher class felony carried a maximum sentence of 25 years.

The baby is doing much better, according to the mother, who recently e-mailed The Batavian about the child's condition.

Two Elba bank robbers sent to state prison for their violent crime

By Howard B. Owens

Judge Robert Noonan said he still doesn't understand why Dennis M. Abrams decided to rob a bank in Elba on June 18, but even with the defendant's "Boy Scout" background, the violent nature of the crime compelled the judge to impose a serious prison sentence.

Abarams can expect to be separated from his wife and newborn baby in state prison for up to 13-and-a-half years.

When Noonan imposed sentence, a young woman sitting in the fourth row of the courtroom burst into tears, moaned, "thirteen and a half years," jumped from her seat and rushed toward the hallway doors.

As with the sentencing of accomplice Michael J. Wells 11 days ago, two former M&T employees spoke in court about the trauma of the bank robbery and how the events changed their lives.

"I would like Mr. Abrams to close his eyes and imagine what it would be like if his wife or his mother were on the floor with a gun to her head," said Patty Hackett, who was working as a teller the day of the robbery.

Both Hackett and former branch manager Theresa Claybourn read statements similar to their Dec. 10 testimony at the Wells sentencing (for audio of those statements, click here). And both had messages directly addressing Abarams and co-defendant Damone Dillon, who was also sentenced today.

Dillon, who acted as a lookout for Abrams and Wells, received the maximum term under his plea agreement, 10 years.

While Dillon had a prior criminal convection for dealing drugs, Abrams entered the Elba bank branch in June with a spotless record. According to his attorney, Daniel M. Killelea, Abrams was literally a Boy Scout, even while growing up in Buffalo's rough East Side.

"For lack of a better term," Killelea said, "he was a nerd."

"Dennis should not have come anywhere near anything like this in his life," Killelea said. "This was not a person heading down the road of committing a violent criminal offense. This is somebody who was held out as a person of achievement in his community."

At one time, Abrams was on track to become a cop in Atlanta, until a hiring freeze derailed his plans. Meanwhile, he took a job in a collections agency, which is where he met his wife. Together, they earned more than $150,000 a year. At the time he entered the Elba M&T Bank branch, Abrams had $2,000 in cash in his pocket.

Yet, Abrams conceived of the robbery, convinced his buddies to join him, carried his own registered handgun, drove his car from Buffalo to Elba, switched license plates on the car and drove himself , Wells and Dillon to the bank. After the robbery, he drove during the getaway attempt. At best, for his part in the actual robbery, he came in waving his loaded gun "Rambo style" (as Patty Hackett put it) and at worst, he held that same gun to Hackett's head (Killelea suggested that it was Wells who held a pellet gun to Hackett's head, not Abrams).

"Judge," said Killelea, "this is somebody who was so naïve of the process, so unsophisticated, that I've asked and I know we've discussed (motioning toward District Attorney Lawrence Friedman), why, if he needed money, didn't he simply just embezzle from his employer, a collection agency?

"The simplest explanation I can think of is that there is no movie or TV show about somebody embezzling from an office like that. He must have gotten the idea from movies or television, and he didn't associate with people doing that sort of thing."

Before imposing sentence, Judge Noonan spoke at some length about how puzzled he remains about this case.

"This case reaches out to hyperbole to say that this may go down as the most puzzling case I've ever heard," Noonan said. "I can't find anything about you that wouldn't say that you would not have been voted in high school the person least likely to rob a bank."

Noonan said he will probably wonder for years about why Abrams decided to violently rob a bank.

For their part, both Abrams and Dillon turned to Hackett and Claybourn and said they apologized.

Dillon, sentenced first without Abrams in the room, made near a full turn toward the first row of the courtroom and seemed to look both Hacket and Claybourn in the eyes when he spoke.

"I did wrong," Dillon said. "I apologize. I'm sorry that happened to you all. I wish I could take it all back. I can't, so all I can say is I'm sorry."

His contrite body language, however, turned to visible agitation when Noonan pronounced his maximum available sentence. Dillon immediately folded his arms tightly and his facial expression was tense.

When Abrams was asked to speak, he never fully turned toward the first row, and would look away occasionally.

"I'm sorry. I honestly had no intention of hurting anyone," Abrams said. "I'm sorry once again for causing this stressful...I'm sorry from the bottom of my heart. I didn't mean to put you through anything like that."

After court, his uncle, John Abrams, who works in law enforcement in the City of Buffalo, said the entire Abrams family feels remorseful for what the bank employees went through that day.

"Our family is very remorseful," John Abrams said. "We hope they can get on with their lives. As a family, we are very remorseful that it happened."

Abrams added that Dennis is also remorseful and has fully cooperated with law enforcement since his arrest.

"We still support him as we always have as a family," Abrams said. "And we want to thank the judge for giving him a chance to express his remorse."

Claybourn and Hackett left the courtroom through another exit and were not available for comment following the sentencing.

Border Patrol says it notified local law enforcement of alleged illegal border crossing

By Howard B. Owens

The driver who crossed into the U.S. from Canada on Saturday morning simply did not stop at the border crossing, a U.S. Border Patrol spokesman said today.

Border Patrol agents and other law enforcement agencies in the border region were immediately notified of the 6:30 a.m. border crossing and a description of the car was transmitted to patrols. 

"We made an attempt to locate (the car)," said Kevin Corsaro. "She took a road we didn't take."

It wasn't until 7:45 a.m., when a Genesee County Sheriff's deputy clocked a car allegedly speeding at 90 mph on Route 5 in Le Roy, that U.S. law enforcement found the possible suspect vehicle.

That interception started a high-speed chase that involved a half-dozen law enforcement agencies and passed through Downtown Batavia and the Village of Albion before the driver lost control of her car on Route 18.

It wasn't until after the crash, according to Sheriff Gary Maha, that his office became aware of the alleged illegal border crossing and that the car his deputies just spent 15 minutes chasing, matched the description of the suspect vehicle.

Deputy J.L. Baiocco didn't know, according to Maha, that a car had zipped through the border without stopping or that the car he observed allegedly driving erratically on Route 5 might be driven by a suspect who allegedly entered the country illegally.

Lt. Eugene Jankowski of the Batavia Police Department also told us Saturday morning that the police department received no notification of an alleged illegal border crossing and that a suspect was on the loose somewhere in Western New York.

Corsaro was adamant, however, that standard procedures were followed and that all law enforcement agencies in the region were duly notified and that a description of the suspect vehicle was distributed to area law enforcement.

Corsaro was also careful to note that the woman who was eventually arrested at the end of a chase that exceeded 100 mph at times may not be the same driver who crashed through the border.

"We have not had a chance to interview her yet," Corsaro said. "She's still in the hospital."

In fact, Crystal Pinnock, 23, of Ontario, Canada, the suspect driver, is listed in satisfactory condition at Strong Memorial Hospital.

Previously:

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