crime

Press release:

The Batavia Police Department would like to remind citizens of its Batavia SafeCam Registration Program. The program allows citizens / businesses to register their camera systems with the police department to aid in crime prevention strategies and investigations which may occur in the proximity of their cameras.

The registration process is very easy and free. Simply go to http://www.batavianewyork.com/police-department/webforms/batavia-safecam-program and fill out the form. 

Surveillance cameras have been an integral part of fighting crime in Batavia. Privately owned camera footage has helped solve a variety of serious offenses in Batavia over the years, including various burglaries, a fatal hit-and-run accident, and even a homicide. Working together, we can keep Batavia a safe place to live and work.

Please note that the police department will not have the ability to freely or remotely access your cameras, claim ownership, or dictate the camera systems functions. This program is simply a database that will allow the Batavia Police Department to see who might have captured footage related to a particular crime.

Thank you for signing up and joining us in the fight to keep our city safe!

Press release:

The Batavia Police Department has been made aware of a scam in which suspects will contact immigrants claiming to be government agents.

The suspects will inform the individuals that their accounts have been flagged for sending money to terrorist organizations and demand that the individuals send them gift cards to correct the issue. The suspects will threaten to have the individuals deported if they do not comply.

The United States Government will never require the purchasing of gift cards to clear any issues. Citizens who receive these calls should never comply and not provide any personal information to the suspects.

Follows these tips from the Federal Trade Commission to help avoid fraud:

1. Spot imposters. Scammers often pretend to be someone you trust, like a government official, a family member, a charity, or a company you do business with. Don’t send money or give out personal information in response to an unexpected request — whether it comes as a text, a phone call, or an email.
2. Do online searches. Type a company or product name into your favorite search engine with words like “review,” “complaint” or “scam.” Or search for a phrase that describes your situation, like “IRS call.” You can even search for phone numbers to see if other people have reported them as scams.
3. Don’t believe your caller ID. Technology makes it easy for scammers to fake caller ID information, so the name and number you see aren’t always real. If someone calls asking for money or personal information, hang up. If you think the caller might be telling the truth, call back to a number you know is genuine.

Don’t pay upfront for a promise. Someone might ask you to pay in advance for things like debt relief, credit and loan offers, mortgage assistance, or a job.

1. They might even say you’ve won a prize, but first you have to pay taxes or fees. If you do, they will probably take the money and disappear.
2. Consider how you pay. Credit cards have significant fraud protection built in, but some payment methods don’t. Wiring money through services like Western Union or MoneyGram is risky because it’s nearly impossible to get your money back. That’s also true for reloadable cards (like MoneyPak or Reloadit) and gift cards (like iTunes or Google Play). Government offices and honest companies won’t require you to use these payment methods.
3. Talk to someone. Before you give up your money or personal information, talk to someone you trust. Con artists want you to make decisions in a hurry. They might even threaten you. Slow down, check out the story, do an online search, consult an expert — or just tell a friend.
4. Hang up on robocalls. If you answer the phone and hear a recorded sales pitch, hang up and report it to the FTC. These calls are illegal, and often the products are bogus. Don’t press 1 to speak to a person or to be taken off the list. That could lead to more calls.
5. Be skeptical about free trial offers. Some companies use free trials to sign you up for products and bill you every month until you cancel. Before you agree to a free trial, research the company and read the cancellation policy. And always review your monthly statements for charges you don’t recognize.
6. Don’t deposit a check and wire money back. By law, banks must make funds from deposited checks available within days, but uncovering a fake check can take weeks. If a check you deposit turns out to be a fake, you’re responsible for repaying the bank.
7. Sign up for free scam alerts from the FTC at ftc.gov/scams. Get the latest tips and advice about scams sent right to your inbox.

If you spot a scam, report it at ftc.gov/complaint. Your reports help the FTC and other law enforcement investigate scams and bring crooks to justice.

A man from Rochester and another from Batavia are facing narcotics dealing charges following a raid by the Local Drug Task Force on Wednesday morning of residence at 22 Hutchins Place, Batavia.

Donald Brown, 46, of Liberty Pole Way, Rochester, is charged with: two counts of criminal possession of controlled substance, 3rd; criminal possession of a controlled substance, 4th; criminal using drug paraphernalia, 2nd; criminal possession of a controlled substance, 7th; criminal mischief, 4th; and unlawful possession of marijuana.

Ronnie K. Johnson, 50, of Hutchins Place, is charged with two counts of criminal possession of controlled substance, 3rd.

Both men were arraigned in Batavia City Court and ordered held without bail.

The press release from the Genesee County Sheriff's Office doesn't state what drugs the two men were suspected of selling.  

Also arrested was Madalyn R. Muntz, 34, of Hutchins Place. She is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. She was released on an appearance ticket.

Assisting in the investigation and raid were Batavia PD, the Sheriff's Office, State Police, City fire, Batavia Code Enforcement, and the District Attorney's Office.

Top photo: Reader-submitted photo.

Edward George Ruckdeschel, 58, of Liberty Street, Batavia, is charged with third-degree grand larceny, a Class D felony. The defendant was arrested after an investigation into the theft of a vehicle at 8:54 p.m. on Jan. 13 on Genesee Street in Pembroke. He was arraigned in Pembroke Town Court at 11 a.m. Aug. 11 and ordered held on cash bail (unspecified) and put in jail "where he is currently residing." He is due in Genesee County Court at a later date. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson.

Edward George Ruckdeschel, 58, of Liberty Street, Batavia is charged with fourth-degree grand larceny, and third-degree criminal trespass. On Aug. 10, the defendant was arrested after an investigation into the theft of a vehicle at 1:05 a.m. on Dec. 10 from West Main Street Road in Batavia. He was released on an appearance ticket and is due in Town of Batavia Court on Sept. 24. The case was investigated by Genesee County Sheriff's Deputy Kevin Forsyth.

Brian L. Dutton, 62, of Pavilion, is charged with unlawfully growing cannabis (marijuana) and unlawful possession of marijuana in the second degree. He was arrested Aug. 12 following a joint investigation by the U.S. Border Patrol and the Wyoming County Sheriff's Office. A U.S. Border Patrol helicopter allegedly located cannabis growing inside a metal enclosure behind Dutton's residence on Aug. 7, and the pilot led deputies to the location. The plants, allegedly grown by Dutton, were seized and destroyed. Dutton was issued an appearance ticket and is due in Town of Covington Court on Aug. 31. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, Deputy John Button, and Investigator Aaron Anderson.

An investigation has concluded that a residential fire at 13 Hutchins St. on July 4, 2019, was intentionally set but police do not yet have a suspect and are looking for information from the public that might help them solve the crime.

The fire was reported at 2:45 a.m.

At the time of the fire, all four apartments in the building were occupied. Residents on the second floor became trapped and needed to be rescued. One person sustained a serious injury.

The Batavia Police Department can be reached at (585) 345-6350; the confidential tip line at (585) 345-6370.

Previously: City PD assisting in investigation into Hutchins Street fire

With the assistance of the Emergency Response Team and City fire, Batavia PD executed a search warrant this morning at a residence on Hutchins Place.

Chief Shawn Heubusch said Batavia PD will issue a press release this afternoon with more information about the situation.

Reader-submitted photo.

Two people who were located with a disabled vehicle on Clinton Street Road, Stafford, at 6 p.m., Friday, are facing multiple charges including drug dealing and assault.

During an interaction with the subjects, deputies determined that Shonje Kaliq Jefferson, 22, of Norton Street, Rochester, might be in possession of drugs. A subsequent search revealed he allegedly had a quantity of crack cocaine on his person.

Due to the amount of crack cocaine deputies believe they located, Jefferson was arrested on a count of criminal possession of a narcotic drug with an intent to sell.

Deputy Erik Andre and Investigator Chris Parker arrested Jefferson on charges of criminal use of drug paraphernalia, aggravated unlicensed operation, 2nd, unlicensed operator, and pedestrian failed to walk facing traffic.

A passenger in the vehicle, Chaniah Lache Wellington-Martino, 19, of Danforth Street, Rochester, was interviewed by Parker and Sgt. Andrew Hale. She allegedly threw her purse over a guardrail and an attempt to destroy evidence in the purse while fighting with the officers. She is also accused of attempting several times to bite the officers.

She is charged with attempted assault, 2nd, resisting arrest, obstructing governmental administration, tampering with physical evidence, and unlawful possession of marijuana.

Jefferson was arraigned in Genesee County Court and ordered held on $2,000 cash bail or $5,000 bond. The release status of Wellington-Martino was not included in the press release.

Clyde Devonte Hoskins Jr., 28, of Genesee Street, Buffalo, is charged with: unlawful fleeing a police officer in a motor vehicle in the third degree; reckless driving; speeding -- in excess of 55 mph; unsafe turn/failure to signal; drinking alcohol in a motor vehicle. Hoskins was arrested at 12:25 a.m. Aug. 8 on Route 33 in Bergen. It is alleged that Hoskins failed to stop for a violation of NYS vehicle and traffic law on Clinton Street Road in the Town of Bergen. After a pursuit, Genesee County Sheriff's deputies were able to take Hoskins into custody in the Town of Stafford. He was released on appearance tickets and is due in Bergen Town Court at 5 p.m. on Sept. 17. The case was investigated by Deputy Kenneth Quackenbush, assisted by Deputy Jordan Alejandro.

Elon A. Seeger is indicted for the crime of attempted assault in the second degree, a Class E felony. It is alleged that on Dec. 15 in the Town of Bergen that, with intent to cause physical injury to another person, he engaged in conduct for which he is now indicted. He is accused of attempting to strike a deputy with his motor vehicle. In count two, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that on that day Seeger intentionally obstructed, impaired or perverted the administration of law or other government function, or prevented or attempted to prevent a public servant from performing an official duty. This was allegedly done by means of intimidation, physical force or interference or by means of any independently unlawful act: he ignored multiple police commands to turn off his vehicle and, instead, turned it toward the deputy -- almost striking him -- and then he fled the area at a high rate of speed. In count three, Seeger is accused of unlawful fleeing a police officer in the third degree, also a Class A misdemeanor. It is alleged in count three that while knowing he had been directed to stop, he instead attempted to flee at speeds of 25 mph or more. In count four, Seeger is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property -- a debit card.

Ronald P. Dixon Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Dec. 20 in the City of Batavia that Dixon drove a 2008 Kia on East Avenue while he was intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that Dixon drove the vehicle while under the influence of alcohol or a drug and while there were three or more suspensions imposed on him on at least three dates: Nov. 21, 2015; July 7 and July 22, 2016; and Aug. 18, 2017. These were for failure to answer, appear or pay a fine. In count three, Dixon is accused of second-degree harassment. It is alleged in count three that on Dec. 20 in the City of Batavia that with the intent to harass, annoy or alarm another person, Dixon subjected a person to physical contact. In count four, he is accused of the same crime involving a second person. In count five, Dixon is accused of first-degree attempted assault. It is alleged in count five that Dixon, with intent to cause serious physical injury to another person, attempted to cause such injury by means of a dangerous instrument -- a motor vehicle.

Stormy M. Watts is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Dec. 22 while at Walmart in the Town of Batavia that she knowingly possessed stolen property consisting of a Capital One Walmart credit card in the name of another person. In count two, Watts is accused of attempted petit larceny, a Class B misdemeanor, for allegedly attempting to steal property from another person valued at $27.72.

Jordan R. Difilippo, 27, of Pratt Road, Pembroke, is charged with possessing sexual performance of a child less than 16 years old. Difilippo was arrested for allegedly possessing three images of a sexual performance of a child under age 16, a Class E felony, at 2 p.m. on Jan. 11, 2017. He was issued an appearance ticket to be in Pembroke Town Court at 1 p.m. on Sept. 9. The case was investigated by the Genesee County Sheriff's Office personnel -- Youth Officer Timothy Wescott, Chief Deputy Joseph Graff. They were assisted by the FBI, the Chesterfield, Va., Police Department, and the Genesee County District Attorney's Office.

Robin S. Brooks, 58, of Hutchins Place, Batavia, is charged with second-degree assault. The defendant was arrested after an investigation of an incident at 8 p.m. July 27 on Hutchins Place in which Brooks allegedly kicked a door shut on a female's hand, causing serious physical injury. Brooks was arraigned at 9:30 a.m. July 31 in Batavia City Court and jailed on $2,500 cash bail or $10,000 bond. Brooks was due to return to city court on Aug. 5. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Samuel Freeman.

David P. Grossman Sr., 37, of Maple Street, Batavia, (below left inset photo) is charged with second-degree harassment. He was arrested at 8:32 p.m. Aug. 3 on Maple Street after a harassment complaint that alleges he struck two different males during an altercation. He was arraigned in Batavia City Court and released with a return date of Aug. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Paul James Feitshans, 22, Siehl Road, Akron, is charged with: endangering the welfare of a child; harassment; and criminal obstruction of breathing. Feitshans was arrested at 5:59 p.m. Aug. 5 following the investigation of a disturbance on Coe Avenue in the Village of Oakfield. He allegedly struck a person and obstructed their breathing while in the presence of a child. He was arraigned in Genesee County Court and released on his own recognizance. He is due in court at a later date (unspecified). The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Mathew Clor.

Isaac J. Floyd Jr., 56, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree, menacing in the second degree, and obstruction of governmental administration in the second degree. Floyd was arrested after an investigation into a disturbance that occurred at 7:07 p.m. July 26 on State Street. He was arraigned in Batavia City Court and put in jail (bail status not provided). He is due back in court Aug. 27. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

William J. Hixenbaugh, 30, of School Street, Batavia, is charged with criminal mischief in the fourth degree and criminal contempt in the second degree. He was arrested Aug. 1 after an investigation of a domestic incident July 29 on School Street. It is alleged he damaged another person's property. He was released with an appearance ticket and is due in Batavia City Court on Nov. 3. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Janice Lynn McGuire, 46, of Galloway Road, Batavia, is charged with: driving while intoxicated, first offense; operating a motor vehicle while having a BAC of .08 percent or more, first offense; speed not reasonable under special hazard; moving from lane unsafely; consumption of alcohol in a motor vehicle on a highway; and failure to notify the DMV of an address change within 10 days. After a personal injury accident on Cleveland Road in Pembroke at 9:28 p.m. on Aug. 5, McGuire was arrested for allegedly driving while intoxicated. She was released with appearance tickets and is due in Pembroke Town Court on Sept. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Matthew Clor.

Press release:

U.S. Attorney James P. Kennedy Jr. announced today that Daryl Sumeriski, 52, of Batavia, who was convicted of possession of child pornography, was sentenced to serve 60 months -- a total of five years -- in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Sumeriski was residing in a halfway house in Bath, when fellow residents expressed concern about certain images they observed on the defendant’s cell phone and alerted authorities.

As a result, a search warrant was executed and investigators found more than 3,000 images of child pornography on Sumeriski’s phone. Some of the images depicted the violent abuse of infants and toddlers.

The sentencing is the result of an investigation by the Department of Homeland Security, under the direction of Special Agent-in-Charge Kevin Kelly.

Joanne Merica Pangrazio, 49, of South Street Road, Le Roy, is charged with criminal obstruction of breathing, two counts of endangering the welfare of a child, and criminal mischief. On Aug. 2, Pangrazio was arrested and arraigned in Bergen Town Court. The charges stem from a domestic incident reported about 1:50 p.m. on Aug. 2 on South Street Road. She was arrested at the scene and transported to Genesee County Jail for processing and virtual arraignment. She was released on her own recognizance and is due in Genesee County Court at 10 a.m. on Sept. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen.

Judd Allen Farewell Jr., 29, of Maltby Road, Oakfield, is charged with criminal mischief -- intentionally damaging property. On Aug. 3, Farewell was arrested after he allegedly intentionally damaged the toilet in his jail cell at the Genesee County Jail. He was issued an appearance ticket and is due in Batavia City Court to answer the charge on Aug. 18. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Nelson E. Figueroa Jr. is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on May 1 in the City of Batavia, the defendant -- who is 18 or older -- committed the crime of criminal sexual act in the first degree by engaging in oral sexual conduct with another person who was less that 13 years old. In count two, he is accused of the same crime. It is alleged that from Jan. 1 through April 30, he committed the crime of course of sexual conduct against a child in the first degree by engaging in two or more acts of sexual conduct, which included at least one act of oral sexual conduct with a child under age 13, over a period of time not less that three months in duration. In count three, Figueroa is accused of the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that on May 1 Figueroa was age 21 or older and subjected a person less than 13 years old to sexual contact. In count four, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count four that Figueroa, from Jan. 1 through April 30, knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Daniel J. Wolfe is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 18 on Liberty Street in Batavia that he violated an order of protection by threatening to punch the protected party. In count two, he is accused of the same crime for allegedly punching the victim. In count three, he is accused of the same crime for allegedly threatening serious physical injury or death by displaying a dangerous instrument -- a sword. In count four, he is accused of second-degree harassment. It is alleged in count four that on Nov. 18 he intentionally harassed, annoyed or alarmed another person by striking, shoving, kicking or subjecting a person to physical contact, or attempting or threatening to do so. In count five, he is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death -- or attempting to do so -- by displaying a dangerous instrument -- a sword. In count six, Wolfe is accused of the crime of menacing a police officer, a Class D violent felony, for allegedly intentionally placing or attempting to place a police officer in reasonable fear of physical injury, serious physical injury or death by displaying a knife when the officer was performing official duties. In count seven, Wolfe is accused of the same crime as in count six but is accused of displaying a BB rifle. In counts eight, nine and 10, Wolfe is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in counts eight, nine and 10, respectively, that on Nov. 19 on Liberty Street in Batavia that he possessed dangerous instruments -- a knife, a samurai sword, and a BB rifle, with intent to use them unlawfully against a person. In count 10, Wolfe is accused of the crime of attempted killing of a police work dog, a Class E felony. It is alleged in count 10, that on Nov. 19, Wolfe attempted to kill Genesee County Sheriff's Office K-9 Frankie by swinging a knife at K-9 Frankie. In count 12, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property belonging to another person in the City of Batavia; he is accused of breaking two windows. In Special Information filed by the District Attorney, Wolfe is accused of having been convicted of petit larceny, a Class A misdemeanor, on Feb. 20, 2014 in the City of Batavia Court and that conviction forms the basis for elevating counts eight, nine and 10 in the current indictment to criminal possession of a weapon in the third degree -- class D felonies.

William T. Hughes is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 25 at an address on South Spruce Street in the City of Batavia, Hughes violated an order of protection issued in February by striking, kicking or shoving a victim protected by the order, or he attempted or threatened to do so. In count two, Hughes is accused of first-degree criminal contempt, also a Class E felony, for placing a person with an order of protection against him in reasonable fear of death, imminent serious physical injury or physical injury. In count three, Hughes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that the defendant intended to impede normal breathing or blood circulation of the victim by applying pressure on their throat or neck. In count four, Hughes is accused of second-degree criminal contempt, also a Class A misdemeanor, for allegedly intentionally disobeying a mandate of the court in violation of an order of protection by telephoning the victim July 20. In count five, Hughes is accused of a second count of second-degree criminal contempt for allegedly phoning the victim in February in violation of an order of protection. In count six, the defendant is accused of a second count of first-degree criminal contempt for violating an order of protection by failing to stay away from the protected person as required by the court.

Franklin D. Cook is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Jan. 8 in the Town of Elba, Cook intentionally disobeyed a family offense stay away order of protection by being in the presence of the protected party. In count two, Cook is accused of the same crime on March 27. In count three, the defendant is accused of the same crime for a third time for allegedly harassing, annoying, threatening or alarming the protected party and subjecting the person to physical contact. In count four, Cook is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly appying pressure on the throat or neck of the victim. In Special Information filed by the District Attorney, Cook is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 in Town of Elba Court and that conviction is within five years of the crimes alleged in the current indictment.

Roy L. Watson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 4 in the City of Batavia that Watson knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures of substances containing cocaine, and these had an aggregate weight of an eighth of an ounce or more.

David J. Reschke is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged in counts one through six that on Nov. 30 in the Town of Le Roy that Reschke stole, respectively per count: a Syrchony credit card; a Citi Simplicity credit card; a Chase credit card; Discover Business credit card; a Le Roy Sports Boosters debit card; and a Five Star Bank debit card. In count seven, the defendant is accused of a seventh count of fourth-degree grand larceny for allegedly stealing property having a value exceeding $1,000, in this case about $2,400 in U.S. currency. In count eight, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing a purse and its contents that day in the Town of Le Roy.

Judd A. Farewell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between the late evening hours of Jan. 16 and the early morning hours of Jan. 17, that Farewell knowingly and unlawfully entered a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, Farewell is accused of second-degree criminal mischief. It is alleged in count two that he intentionally damaged the property of another person in an amount exceeding $1,500. The property consisted of various copper piping and a valve on a boiler system on Lake Street in the Town of Le Roy. In count three, Farewell is accused of petit larceny, a Class A misdemeanor, for allegedly stealing an Xbox, Xbox controller and 15 Xbox games. In count four, he is again accused of petit larceny for allegedly stealing two blue totes containing miscellaneous tools.

Mark R. Ogee is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Feb. 24 in the Village of Le Roy, that Ogee drove a 2001 Chevrolet on state routes 5 and 19 while in an intoxicated condition. In count two, Ogee is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 percent at the time, as shown by a chemical breath analysis. In count three, Ogee is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for knowing or having reason to know that his driver's license was revoked by authorities in New York at the time of this incident and while he was under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Ogee is accused of having been convicted of DWI, as a misdemeanor, on Oct. 15, 2018 in Town of Caledonia Court. The conviction forms the basis of count three in the current indictment.

Joshua L. Baltz is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony. it is alleged that on May 23 in the Town of Alexander, that Baltz drove a 2019 Ford on Route 98 while knowing or having reason to know that his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, Baltz is accused of driving while ability impaired by drugs at the time. In Special Information filed by the District Attorney, Baltz is accused of having been convicted of DWI on March 3, 2008 in Town of Warsaw Court and that conviction forms the basis for the suspension or revocation referred to in count one. Furthermore, the District Attorney states that Baltz knew of the prior conviction and that his suspension or revocation was still in effect.

James J. Bartosik Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 15 that Bartosik drove a 2005 Dodge on the Genesee County Fairgrounds parking lot while he was intoxicated. In Special Information filed by the District Attorney, Bartosik is accused of having been convicted of DWI, per se, as a felony, on Nov. 24, 2014 in Orleans County Court. The conviction was within 10 years of the crime alleged in the current indictment.

David Vega is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 8 in the City of Batavia, that Vega drove a 2008 Chevrolet on Clinton Street while his driver's license was suspended or revoked. It is further alleged that he had 10 or more suspensions (14) imposed on at least 10 separate dates for failure to answer, appear in court or pay a fine: June 12, 1996 in the City of Canandaigua, Ontario County; March 10, 2009 in the Town of Ontario, Wayne County; April 14, May 19, June 2, July 28, Aug. 22, 2015, Rochester Administrative Adjudication Bureau, Monroe County; June 7 and July 8, 2015, Town of Gates, Monroe County; Nov. 18, 2015, Town of Irondequoit, Monroe County; Dec. 19, Dec. 25, 2015 and Feb. 11, 2016, and Aug. 5, 2018 -- City of Rochester, Monroe County.

James William Cason, 64, of West Main Street, Batavia, is charged with second-degree aggravated harassment. At 11:42 a.m. on July 24, the Genesee County Dispatch Center received a report of a harassment at an address on West Main Street in the Town of Batavia. Following an investigation into the incident, Cason was arrested for allegedly threatening harm to another person because of a belief regarding their race, color and nationality. He was arraigned in Batavia City Court July 29 and an order of protection was issued for the victim. He was released and will be scheduled to appear in Town of Batavia Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Wilson.

Jacob L. Hernandez, 25, of Lewis Place, Batavia, is charged with second-degree harassment -- physical contact and two counts of second-degree harassment -- following a person. Hernandez was arrested on July 24 on an arrest warrant out of Batavia City Court. He is accused of following a person and striking another at 8 p.m. June 21 on Lewis Place in Batavia. He is also accused of failing to comply with court-ordered programs. Hernandez was processed at Batavia Police headquarters and released with an appearance ticket for July 28 in city court. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Booker T. Ricks III, 48, of North Lyon Street, Batavia, is charged with endangering the welfare of a child. Ricks was arrested after an incident on North Lyon Street at 7:47 p.m. July 18 where a child was allegedly left unsupervised and was found hanging out of a window at the residence. Ricks was released on an appearance ticket for Oct. 21 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Mitchell Cowen.

Jose A. Rivera, 34, of Swan Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary. Rivera was arrested at 5:59 a.m. July 27 at an apartment on Swan Street in Batavia and allegedly being found in the presence of a protected person who had a stay away order of protection against him. He was arraigned in Batavia City Court and put in Genesee County Jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. He was due back in court that morning at 11 a.m. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Joshua Girvin.

Lyndsay T. Young, 37, of Ross Street, Batavia, is charged with attempted assault in the third degree. Young was arrested after an investigation into a domestic incident that occurred at 7:13 p.m. July 18 on MacArthur Drive, Batavia. Young was released with an appearance ticket returnable to Batavia City Court on Oct. 20. The case was handled by Batavia Police Officer Sean Wilson.

Amy A. Potrzebowski, 34, of Burke Drive, Batavia, is charged with: leaving the scene of a property-damage accident; driving while intoxicated -- two previous convictions within 10 years; and moving from lane unsafely. Potrzebowski was arrested at 9:39 p.m. July 17 on Richmond Avenue in Batavia following an investigation into a motor-vehicle accident. Potrzebowski was issued traffic tickets and is due in Batavia City Court on Nov. 4. The case was handled by Batavia Police Officer Stephen Cronmiller.

Devon A. Wright, 18, of Batavia, was arrested at 8:15 p.m. on July 24 on two outstanding bench warrants out of Batavia City Court. One warrant was for failure to pay a fine in connection with his conviction on: second-degree harassment; fourth-degree grand larceny; endangering the welfare of a child; and attempted grand larceny in the fourth degree. The other warrant was for failure to appear in court to answer a charge of second-degree criminal contempt. Wright was observed traveling in a vehicle in the area of State Street by Batavia Police officers Hedges and Borchert, who are assigned to the area on a special Neighborhood Engagement Team (NET) detail. Wright was taken into custody by officers Tucker, Hedges and Borchert on North Street in the city without incident. He was arraigned in city court and put in Genesee County Jail without bail to appear in city court at a later date.

Patricia A. Herzog, 53, of East Main Street, Batavia, is charged with trespass. At 3:23 p.m. on July 20, Herzog was arrested after allegedly entering a business on East Main Street that she is banned from. Herzog was issued an appearance ticket and is due in Batavia City Court on Oct. 20. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

A 15-year employee of Oliver's Candies attacked another employee with a knife yesterday afternoon and has been charged with attempted murder in the second degree.

The victim, a 59-year-old employee, suffered only minor injuries in the attack.

Owner Jeremy Liles said nothing seemed to precipitate yesterday's incident and there was no indication the woman would become violent.

State Police were called to the Oliver's location in Elba, where Oliver's runs the Sweet Life Country store on South Main Street and a production facility, for a report of a stabbing.  

Liles was not present during the incident but based on talking with employees and reviewing security footage, it appears the woman took a shop knife and randomly attacked the victim.

Nobody else was hurt in the incident.

"My crew did a phenomenal job," Liles said. "They remained calm. They got everyone out of the building, going person to person telling people to get out. It was a stressful situation and everyone remained calm. It was actually the person who got stabbed who started telling everyone to get out. He was a true leader. He made sure everyone got out of the building.

After the stabbing, the suspect threw the knife in the garbage, Liles said.

Troopers arrived on scene swiftly and took the woman into custody without incident.

"The whole thing was over pretty quickly," Liles said.

Colleen L. Nelson, 49, of Alabama, was taken into custody and besides the attempted murder charge, was charged with attempted assault in the first degree and criminal possession of a weapon, 4th.

State Police described the knife as "large."

Following arraignment, Nelson was ordered held by the Genesee County Jail.

Families who may have been defrauded by Michael S. Tomaszewski when they purchased prepaid funeral arrangements may want to consult with an attorney who is an expert in bankruptcy if they wish to recover any lost funds, according to a law school professor from the University at Buffalo.

S. Todd Brown is the vice dean for Academic Affairs for the UB School of Law and teaches bankruptcy law at the school.

"They would need to talk with someone to make sure their interests can be protected in the bankruptcy," Brown said. "I suspect there are lawyers who have been going around talking to different people, some people have probably already reached out to an attorney. This is an incredibly complex area of law."

Tomaszewski, both personally, and his company Acme Holdings of N.Y. filed for bankruptcy in Federal Court Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, 4th, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits form customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

That is a sum of money that people might expect a criminal court judge be repaid to victims once the defendant is convicted but it doesn't necessarily work that way, Brown said, when the criminal defendant has also filed for bankruptcy.

In general, bankruptcy allows an individual to discharge debts and get a fresh start. For businesses, Chapter 11 is a chance to reorganize debts. The judge may help the creditors and debtors work out a repayment plan that lowers the debt burden or if assets are liquidated, the bankruptcy judge will issue an order on how cash obtained during the liquidation is divided among creditors.

Creditors who provided secured loans -- meaning collateral for the money borrowed -- are top priority for repayment. If there is any money left over after secured loans have been paid off, the administrative creditors -- people handing the bankruptcy proceedings, such as attorneys -- are paid. Last in line are unsecured creditors. That is people or entities that are owed money but did not secure the debt with collateral.

The exception to this pecking order, Brown said, is when fraud can be proven.

A common example is if a person or business borrowed money under false pretenses, such as claiming assets that didn't exist or using the money for purposes other than promised.

For a funeral director, Brown used the example of borrowing money on the promise to build a new cemetery but then spending the cash on a new Ferrari or a monthlong trip to Las Vegas.

A funeral home director who accepts prepaid deposits for funeral arrangements could be considered a fiduciary (a person legally responsible for ensuring the money is handled only in the way specified by the contract and in the best interest of the person who owns the money). In order to determine whether Tomaszewski had a fiduciary responsibility to his clients, a lawyer would need to review any specific agreement along with applicable state and federal law.

A fiduciary who converts money to some other users cannot discharge the resulting debt in bankruptcy.

Using pre-need funds for other expenses in violation of the pre-need contract may also be considered fraud and fraud can't be discharged.

In either case, a bankruptcy court judge would need to make the determination on the debtor's obligation based on the case presented by an attorney representing such victims.

"This is really important," Brown said. "If they think they've been defrauded by this individual, they need someone who knows how the process works guiding them through it."

He added, "I tell my students when they enter my Intro to Bankruptcy class, I tell them, most of what we cover is general bankruptcy law. Unless you're working under the guidance of a talented and experienced bankruptcy attorney for at least two or three years, you're to commit malpractice if you go out and practice on your own right away because this is a very technical and complicated area of law. The importance of that story is to stress how easy it is for trained attorneys to mess up if they aren't practicing bankruptcy law regularly."

Brown also noted that a person who filed for bankruptcy can't make any payments on debt without the judge's authorization, even to creditors not listed in the bankruptcy. That rule applies for all debts paid for 90 days prior to filing for bankruptcy and until the bankruptcy case is resolved. The bankruptcy trustee has the option to recover any unauthorized payments from the creditors who received them.

Asked if a County Court judge to order restitution paid first, Brown gave an emphatic, "no."

"In terms of who gets paid when that's entirely the role of the bankruptcy court," Brown said.

For anybody who allegedly lost money to Tomaszewski through means other than fraud -- consider the petit theft charges he's facing -- any potential restitution there will be considered unsecured debt, meaning those possible victims will be among the last to get repaid, Brown said.

"People who have been defrauded need to have someone who is expert in bankruptcy law who is keeping a close on out for their interest in this case," Brown said but also acknowledge that for many people in a case such as this, they haven't lost enough money to interest an attorney taking on their case.

Previously:

• Local funeral director charged with stealing money from customers
• Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

Catherine Klinkbell, 52, of Bethany Center Road, Bethany, is charged with confinement with extreme temperature of companion animal in vehicle. At 1:08 p.m. on July 27, the Genesee County Emergency Dispatch Center received a report of a canine inside a vehicle in the Walmart parking lot on Veterans Memorial Drive. The outside termperature was 84 degrees. Genesee County Animal Control was dispatched and reported that the canine was in distress and found that the temperature inside the vehicle was harmful to the canine. The canine was removed from the vehicle and transported to the Genesee County Animal Shelter. The registered owner of the vehicle, Klinkbell, was located and charged with one count of violating Section 353-D of the NYS Agriculture & Markets Law. If found guilty, the violation is punishable with a fine $50 to $100 for a first offense (and up to $250 maximum for subsequent offenses). She is due in Town of Batavia Court at 1 p.m. on Aug. 20. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Animal Control Officer Ann Marie Brade.

Heidi Nicole Pitcher, 27, of Parkedge Street, Rochester, is charged with reckless endangerment in the second degree and endangering the welfare of a child. At 7:19 a.m. July 28, the Genesee County Emergency Dispatch Center received a report of a domestic incident on Route 237 in the Town of Stafford. Following an investigation into the incident, it is alleged that Pitcher drove the vehicle recklessly, creating a substantial risk of serious physical injury to another person while in the presence of children. She was issued an appearance ticket and is due in Town of Stafford Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

His attorney, Thomas Burns, asked Judge Charles Zambito to make Torres-Acevedo's sentence in state prison concurrent with his Federal term but Zambito decided the defendant shouldn't get that benefit while also denying the prosecution's request to lock Torres-Acevedo away for up to six years in state prison.

Torres-Acevedo entered a guilty plea in County Court in December to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

Earlier that month, Torres-Acevedo entered a guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

Torres-Acevedo was arrested in November 2018 following an Amber Alert for his victim. They were eventually located in a Walmart in Pennsylvania when authorities were able to locate the girl's phone at that location.

A retired emergency dispatcher entered a guilty plea today one count of possession of sexual performance by a child less than than 16 years old, a Class E felony.

Under terms of the plea deal, James E. Tripp, 58, of Batavia, will be sentenced at a later date to 90 days in jail and 10 years of probation. He was also required to forfeit devices seized by law enforcement during the investigation.

Tripp will also become a registered sex offender.

State Police arrested Tripp in January following a more-than-two-year investigation that included interviews and a search of his residence. Today's plea satisfies three counts of possession of sexual performance by a child.

During his career as a dispatcher -- he worked full-time for 22 years and part-time after 2016 -- Tripp was honored multiple times for his service, including named the state's top dispatcher in 2015.