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Law and Order: Accident in Elba leads to DWI arrest

By Howard B. Owens

Laura Del Carmen Vazquez Coronado, 38, of North Byron Road, Elba, is charged with DWI, unsafe backing, moving from lane unsafely, driving on the shoulder. Vazquez Coronado was charged following a motor-vehicle accident reported at 7:06 a.m. Thursday on North Byron Road, Elba. The accident was investigated by Deputy James Stack.

Devon Robert Peters, 23, of Franklin Street, Batavia, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and failure to notify DMV of an address change. Peters was stopped at 9:26 a.m. Sunday on Route 33, Bergen, by Deputy Kyle Krzemien.

Joseph Earnest Marr, 39, of Nesbitt Road, Attica, and Jenna L. Josephite, 29, of Main Street Road, Batavia, are charged with endangering the welfare of a child. Marr and Josephite are accused of using cocaine while in the presence of a 1-year-old child before driving the child from Attica to Batavia while under the influence of drugs.

Douglas Brian Uberty, 45, of North Main Street, Warsaw, is charged with unlawful surveillance, 2nd. Uberty is accused of using a mobile phone to take pictures under the clothes of a person while at Walmart.

Marlek Holmes back in court today after appearing to back out of sentencing deal

By Howard B. Owens

A deal that capped the prison term for Marlek Holmes at 25 years and saved the county the expense of another trial almost came apart after Holmes appeared to renege on the agreement.

As part of the deal, Holmes had to agree to drop an appeal related to his conviction on sexual assault, and everybody -- District Attorney Lawrence Friedman, Defense Attorney Fred Rarick, appeals attorney Timothy Murphy, and Holmes himself -- all signed the document Murphy was supposed to send to the appeals court informing the justices that the appeal was dropped.

Then Holmes wrote Murphy and said he changed his mind.

Today, Holmes was transported from Auburn, where he is serving his sentence, to Batavia, and after meeting with Rarick and Murphy for 30 minutes, agreed to stick by his original agreement to drop the appeal.

Friedman said he wanted to make clear on the record, however, that there is little to prevent Holmes from just changing his mind again later, and creating an endless loop of back-and-forth over the case.

If Holmes does back out of the deal again, Friedman said as far as he's concerned, there won't be a second chance. He will make motions to proceed with a trial on the charges against Holmes that he failed to register a change of address as a convicted sex offender in 2016. He would also want to proceed with a hearing on whether Holmes is a persistent violent felony offender, which would expose Holmes to a potentially harsher prison sentence on his conviction of assault on fellow inmates at the Genesee County Jail.

Zambito indicated he would be inclined to entertain those motions if Holmes again changed his mind.

Teen from Basom sent to prison for threatening deputies and others

By Howard B. Owens

In determining how to sentence 17-year-old Isaac Abrams of Basom, Judge Charles Zambito said there conflicting viewpoints to consider.

As a 17-year-old, in a couple of years under recent reforms in New York criminal law, Abrams would perhaps be considered a juvenile and wouldn't even appear in County Court and would be presumed to be not responsible for his actions. 

However, Abrams admitted to serious offenses that could have led to the loss of life and in just five short months has established a pattern of repeated offenses and disregard for authority.

Zambito said he's concerned about the direction Abrams seems to have chosen for his life recently.

In December, Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony. The charges stem from incidents where he threatened to kill Sheriff's deputies during a confrontation on the Tonawanda Indian Reservation and appeared to try and run over pedestrians at a fast food restaurant in Batavia.

"I understand you have a child and that is important to you," Zambito said. "But if you continue on this path, you won't see your child again, if you even survive."

Zambito sentenced Abrams to one-and-a-third to four years in prison followed by parole until he's 21.

Abrams was granted youthful offender status, which will expunge his record once he's an adult if he stays out trouble. 

He said the sentence, he felt, balanced protecting the community, serving justice, and won't prevent Abrams from living life as a productive member of society once he's out of the criminal justice system.

First Assistant District Attorney Melissa Cianfrini argued against granting Abrams Y.O. status. She said he has engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," Cianfrini said. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Defense Attorney Vanessa Guite suggested that Zambito take into account his age and the fact that before this rash of incidents started, he had no criminal charges in his life.

"To a certain degree his actions are the result of immaturity and the role alcohol played in his conduct," Guite said. "His criminal history started only five months ago. There are many people with worse histories walking the streets right now."

She said from her viewpoint, the prosecution was trying to make Abrams out as the worst criminal in history, which she said she understood was the prosecution's job, and she suggested that Cianfrini overstated the weight Zambito should give to the RUS violations.

"Their recommendation is for substantial prison time for what amounts to using marijuana and staying out late," Guite said.

After Guite's remarks to Zambito, Abrams had his turn to make a statement on his behalf. After a whispered exchange with his attorney, Abrams said, "I'm sorry for my actions."

Civilian response training in active shooter situations is focus of event Saturday at St. Paul's church in Batavia

By Billie Owens

Batavia's St. Paul Lutheran Church will cap off a week that has focused the nation's attention once again on the tragedy of mass shootings by hosting a special countywide training event tomorrow at its Washington Avenue church.

The Genesee County Sheriff's Office was invited to present training in CRASE -- Civilian Response to Active Shooter Events. Starting at 10 a.m. Saturday, congregation leaders will learn how to prepare and respond to an active shooter situation, should one occur at their respective houses of worship.

St. Paul Pastor Allen Werk, who has also served as the Sheriff's Office chaplain for about five years, attended national training in order to return to his community and in turn help train others. It is useful for schools, congregations and businesses alike -- open places that may be easily accessed by someone intending to harm people.

"This training affords congregation leaders the opportunity to come together to talk about ideas they may want to implement in their own churches should the unthinkable occur," Werk said in a press release. "We pray this will help all our churches be better prepared if the inconceivable happens."

CRASE Training addresses individual responses as well as group preparations. It has been developed in partnership with Texas State University and is funded in part by the U.S. Department of Justice.

Werk says the cornerstones are ADD -- Avoid / Deny / Defend. Participants are taught to quickly recognize a threat and to take evasive action by getting away swiftly or rapidly taking steps to deny access to a shooter, then defending lives in any way necessary.

"The training teaches you what happens, what to expect in an active shooter situation," Werk said, adding that it is beneficial in getting larger groups to think about this, to be aware of the potential, and what steps to take in response.

For example, the leaders of a congregation may want to limit access to worship services to one or two entryways, effectively funneling the foot traffic. They may consider the benefit of having greeters and ushers who are trained to keep an eye on who's coming and going in the building throughout the service; noticing and greeting a person -- a signal they have been seen -- in itself could be a deterrent in some cases, the pastor noted.

Taking cues from how others are responding in a public space is important.

"If you see something that could be a danger -- step up -- make the congregation aware, help provide safety," Werk said.

Asked if certain individuals should be armed, like a security detail, to counter an active shooter, Werk said that is not part of CRASE Training; and although it's widely argued that "a good guy with a gun" is what you want to have when a bad guy is wielding a firearm, Werk said that is something the organization itself must decide.

"We are pleased to assist Pastor Werk in educating congregation leaders on the appropriate actions to take should an active shooter situation arise," said Sheriff William A. Sheron Jr. in a press release.

Our news partner WBTA contributed to this story.

Contractor who failed to build fence for Batavia customer given intermittent jail term

By Howard B. Owens

An Erie County construction worker will spend weekends in the Genesee County Jail for the next four months, starting tonight, for defrauding a Batavia resident on a contracting job.

Matthew B. Hardesty, 24, of Blasdell, was originally charged with fourth-degree grand larceny. He was allowed to plead guilty to a misdemeanor charge after paying restitution to the victim, who hired him to construct a fence at his residence on Narramore Drive.

According to court proceedings this morning, Hardesty is facing a similar complaint in Buffalo.

Before sentencing, Hardesty apologized for his actions and said it was the result of being a young and inexperienced businessman; that he had taken on a contract that was too big and had a payout too far in advance, and rather than notify customers of his difficulties, he didn't respond to their complaints.

After becoming embroiled in financial difficulties, Hardesty gave up his contracting business and went to work for another construction contractor.

District Attorney Lawrence Friedman rarely responds to the statements defendants make at their sentencing, but this morning he stood up and said he was going to make a rare response.

"He's a scam artist," Friedman said. "He's trying to con the court now."  

Friedman said Hardesty already got a substantial break on his potential sentence by being allowed to plead guilty to a misdemeanor and didn't deserve any further consideration because he was clearly trying to scam people.

Judge Charles Zambito agreed. He said considering the length that his victim had to go to in order to get his money back indicates Hardesty was trying to evade paying back the money. It was only after he was facing potential jail time that he made restitution.

"The message needs to be clear to the public that you can't do this kind of thing here," Zambito said. "When you start a business, you take on a responsibility. You take on a burden. You can't take people's hard-earned money and just walk away with it."

Grand Jury: Woman accused of using stolen credit card at Rite Aid in Attica

By Billie Owens

Leah R. Wimmer is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 17 at the Rite Aid store on Prospect Avenue in the Village of Attica, Genesee County, that she knowingly possessed stolen property -- a Visa debit card belonging to another person. In count two, she is accused of second-degree forgery, a Class D felony. It is alleged in count two that Wimmer falsely signed two debit/credit card receipts in the name of the victim, one for $186.95 and another for $105.95.

Beau T. Bressler is indicted for the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. It is alleged that on Oct. 29 in the Town of Le Roy that Bressler drove a 2006 Pontiac on West Main Street (Route 5) while his ability to do so was impaired by the combined influence of drugs or  of alcohol and any drug or drugs. In count two, the defendant is accused of circumvention of an interlock device, a Class A misdemeanor. It is alleged in count two that on Oct. 29, while subject to a court-ordered ignition interlock device, Bressler drove the Pontiac, which was not equipped with an ignition interlock device. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing or having reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count three that Bressler was operating the vehicle while under the influence of alcohol or a drug at the time.

Law and Order: Batavia man accused of driving car without permission, wanted on several warrants

By Howard B. Owens

Thomas Jacob Wolcott, 33, no permanent address, Batavia, is charged with unauthorized use of a vehicle, 3rd, unlicensed operation of a motor vehicle, and aggravated unlicensed operation, 2nd. Wolcott is accused of taking and driving another person's vehicle without permission. Wolcott was also taken into custody on warrants from the State Police, Rochester PD, Ogden PD, and Gates PD. He was jailed on $1,500 bail.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, was arrested on a warrant for alleged failure to appear. Freeman was jailed on an unspecified amount of bail.

Julia B. Wescott, 35, of South Main Street, Batavia, is charged with unlawful possession of marijuana. Wescott was stopped at 12:10 a.m. Saturday on East Main Street, Batavia, by Officer Peter Flanagan.

Nicole K. Casey, 30, of West Main Street, Batavia, is charged with petit larceny. Casey is accused of shoplifting from Tops at 3:57 p.m., Feb. 7.

Tonya M. Ficarella, 31, Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of shoplifting from Tops at 11:50 a.m., Feb. 7.

Stephanie G. Pelkey, 23, of Masse Place, Batavia, is charged with endangering the welfare of a child, resisting arrest, reckless endangerment of property, and unlawful imprisonment, 2nd. Pelkey is accused of restricting the movement of another person inside a residence, throwing property outside of the residence, and resisting arrest in the presence of a child. Pelkey was ordered held on $1,500 bail.

Aaron M. Mucher, 30, of Lewiston Road, Batavia, is charged with harassment, 2nd. Mucher is accused of making verbal threats against an employee at a local government office.

Joshua G. Bachorski, 35, of South Spruce Street, Batavia, is charged with criminal possession of stolen property, 5th. Bachorski was arrested on a warrant. He is accused of taking stolen property to Pawn King in Batavia. He was arraigned and ordered held on bail.

Law and Order: Holley woman accused of making fraudulent vehicle purchase with conspirators

By Howard B. Owens
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       Linda Feeley

Linda C. Feeley, 59, of Hulberton Road, Holley, is charged with third-degree grand larceny, first-degree identify theft, two counts of first-degree forgery, four counts of second-degree forgery, two counts of fourth-degree conspiracy, and four counts of fifth-degree conspiracy. Feeley is accused of participating in a fraudulent purchase of a vehicle at 4300 Veterans Memorial Drive, Batavia, March 28. Feeley, along with her boyfriend David Gurgir and with Eric Holliday, a car salesman, allegedly conspired to complete paperwork to facilitate the transfer of a vehicle under a forged identity, namely, Feeley's mother. Gurgir and Holliday were previously arrested as a result of the investigation by Investigator Christopher Parker and Detective John Condidorio. UPDATE: We've clarified the charges against Holliday. He is charged with four counts of conspiracy 5th and two felony counts of conspiracy 4th. Gurgir is charged with is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. The alleged conspiracy began at a local car dealership. Investigators say the final transaction took place in the parking lot of a department store.

Jay Markle, 60, of Batavia, is charged with DWI, and Darlene Martaus, 58, of Batavia is charged with DWI. Markle was stopped at 10:30 p.m. Tuesday for allegedly speeding on Route 33 in Bergen by State Police. He reportedly failed a field sobriety test. He was processed at the Batavia barracks where he was allegedly found to have a BAC of .12 percent. Maurtaus arrived at the barracks at 12:33 a.m. Wednesday to pick up Markle and a trooper detected the odor of alcohol. Martaus allegedly failed a field sobriety test. She was also charged with aggravated unlicensed operation; 1st, driving without an interlock device, and other vehicle and traffic violations. Her BAC was allegedly .12 percent. She was arraigned and jailed.

Brandon C. Morgan, 24, of Pittsford, Samantha R. Smallidge, 23, of Rochester, and Kyle Z. Morgan, 21, of Rochester, are charged with criminal possession of marijuana, more than 16 ounces. Morgan, Smallidge, and Morgan were arrested by State Police at 9:38 p.m. Tuesday in the Town of Stafford. No further details released.

Thomas J. Wolcott, 33, of Batavia, and Ashlee E. Corter, 32, of Kent, are charged with petit larceny. Wolcott and Corter are accused of shoplifting in the Village of Oakfield at 2:10 p.m. on Nov. 7. They were arrested by State Police on Tuesday. No further details released.

Law and Order: Batavia resident accused of selling heroin in Wyoming County

By Howard B. Owens
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     Jason Giuliani

Jason M. Giuliani, 39, of Batavia, is charged with criminal possession of a controlled substance, 3rd, and Ian K Leblanc-Chatt, 32, of Batavia, is charged with driving while ability impaired by drugs, possession of a controlled substance, 7th, criminal using drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and moving from lane unsafely. Sgt. Colin Reagan and Deputy Amy Nowak, of the Wyoming County Sheriff's Office, initiated a traffic stop on Route 19 in the Village of Wyoming, at an unspecified time on Sunday. Giuliani was a passenger in the vehicle. During the investigation he was allegedly found in possession of 60 bags of heroin, leading to a felony charge related to the intent to sell narcotics. Leblanc-Chatt was allegedly under the influence of multiple narcotics while driving by a drug recognition expert. Giuliani was jailed on $25,000 bail. Leblanc-Chatt was released to a family member.

Nicholas John Stefaniak, 36, of Westview Drive, Perry, is charged with assault, 2nd, and criminal mischief, 4th. Stefaniak is accused of seriously injuring another person during an incident reported at 8:18 p.m. Thursday in Byron, and of damaging property of that person. Stefaniak was jailed on $5,000 bail or $10,000 bond.

 

Law and Order: DSS investigation leads to drug charges against Walnut Street resident

By Howard B. Owens

Jaylinn M. Oneil, 27, of Walnut Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and endangering the welfare of a child. Oneil was arrested by members of the Local Drug Task Force following a search of his residence as the result of an investigation initiated by the Department of Social Services. Following arraignment, Oneil was released under supervision of Genesee Justice.

Timothy James Hodgins, 32, of Lewiston Road, Batavia, is charged with unlawful possession of marijuana and inadequate headlamps. Hodgins was stopped at 7:48 p.m. Thursday on Lewiston Road, Batavia, by Deputy Kyle Krzemien.

Andrew Charles McGiveron, 29, of Walkers Corners Road, Byron, is charged with unlawful possession of marijuana. McGiveron was stopped at 7:52 p.m. Feb. 2 on Clinton Street Road, Stafford, by Investigator Christopher Parker. McGiveron was allegedly found in possession of a glass pipe and a small quantity of marijuana during a traffic stop.

Paul Donald Fields Jr., 48, of Pearl Street Road, Batavia, is charged with DWI, driving with a BAC of .8 or greater, aggravated unlicensed operation, 1st, criminal possession of a controlled substance, and moving from lane unsafely. Fields was charged following an investigation by Deputy Travis DeMuth into a motor-vehicle accident reported at 10:46 p.m. Wednesday on Indian Falls Road, Pembroke.

Abrain D. Wright, 33, of Rochester, is charged with unlawful possession of marijuana. Wright was stopped by State Police at 11:07 p.m. Thursday on Route 33 in Bergen.

Grand Jury: Man indicted for allegedly selling cocaine in the city

By Billie Owens

Jaomi Delgado 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 Dec. 20 in the City of Batavia that the defendant knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds or mixtures or substances containing a narcotic drug, cocaine, and these were of an aggregate weight of one-half ounce or more. In count three, Delgado is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly selling cocaine in the City of Batavia on Dec. 20.

Samuel R. Baudanza is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 22 in the Town of Pavilion that he knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it.

Isaac C. King is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on July 31, having been charged or convicted of a crime and while confined in a correctional facility -- the Genesee County Jail at 14 W. Main St., Batavia -- that he intentionally caused physical injury to another person. In count two, the District Attorney accused King of fourth-degree grand larceny and alleged that on that date he stole property from a person at the jail.

Law and Order: Akron man accused of hitting another person with baseball bat, causing serious injuries

By Howard B. Owens
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      Ismael Laffosse

Ismael L. Laffosse, 31, Fisk Road, Akron, is charged with second-degree attempted assault, second-degree menacing, third-degree criminal mischief, and criminal possession of a weapon, 4th. Laffosse is accused of striking another person with a baseball bat and damaging that person's personal property. The incident was reported at 6:54 p.m., Jan. 29, at a location on Apollo Drive, Batavia. The victim suffered serious injuries but has been released from the hospital.

Armando L. Carrion-Rojas, 23, of McCall Road, Greece, is charged with criminal mischief. Carrion-Rojas is accused of breaking the driver's side mirror of his girlfriend's car at 1:50 p.m. Monday at a location in Le Roy, and of damaging a residence door after his girlfriend locked him outside the residence. He was jailed on $500 bail or $4,000 bond.

Derek James Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd. Wert allegedly contacted by electronic means a person he was ordered by a judge not to contact. Wert was jailed on $1,000 bail.

Ronald F. Ratulowski, 44, of Eleanor Place, Batavia, is charged with third-degree assault. Ratulowski was arrested on a warrant. The original incident was reported at 11 p.m. Sept. 10 at a location on Eleanor Place. No further details released.

Bonnie L. Cortright, 30, West Main Street, Batavia, was arrested on two City Court warrants. The reason for the warrants was not released. She was released on her own recognizance.

Kevin Andrew Rivera, 23, of Batavia Stafford Townline Road, Batavia, is charged with third-degree criminal mischief. Rivera allegedly broke the window of a College Village dorm room at 10:56 p.m. Monday.

Nicholas Gerald Schafer, 19, of Broadway Road, Darien, is charged with DWI, driving while impaired by drugs, driving while ability impaired by the combined influence of drugs and alcohol, and parking violation on a highway. Deputy Kyle Krzemien was dispatched at 4:17 p.m. June 30 to Batavia Elba Townline Road, Elba, to investigate a complaint of a subject passed out in a vehicle. Following an investigation, Schafer was charged.

Jeremiah D. Williams, 26, of Batavia, was arrested by State Police following a revocation of parole. He was ordered held in jail.

An 18-year-old resident of Batavia is charged with petit larceny. The defendant was arrested on Goade Park. The incident was reported at 6:17 p.m. Monday in Kendall. The arrest was made by State Police at 6:10 a.m. Tuesday. No further details released.

Katrina P. Giummo, 29, of Corfu, is charged with petit larceny. Giummo is accused of a theft reported in Corfu at 1:18 p.m. Monday. She was arrested by State Police. No further details released.

Caller claims dog was taken from home on Griswold Road

By Billie Owens

A larceny of a canine just occurred on Griswold Road. The caller told a dispatcher that a gray vehicle pulled into the driveway and took the dog through a door and drove off.

The driver headed down Clinton Street Road and turned northbound onto Batavia Stafford Town Line Road.

The caller followed the suspect's vehicle and state troopers caught up with it on Bank Street south of West Saile Drive, where they now have it stopped.

UPDATE 1:44 p.m.: We are working to clarify some additional information. The dog's owner says the dog was outside when it was taken.

Law and Order: Batavia man accused of ignoring Grand Jury summons

By Howard B. Owens

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

Law and Order: Corfu woman accused of starting fire that destroyed Harley

By Howard B. Owens
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      Jacqueline Saeli

Jacqueline M. Saeli, 52, of North Lake Road, Corfu, is charged with two counts of third-degree arson and one count of second-degree criminal mischief. Saeli is accused of starting a fire at 5:33 a.m. Jan. 6 at 8455 North Lake Road, Pembroke. The fire destroyed a shed and a Harley-Davidson motorcycle. Investigators say the shed and motorcycle were the property of her ex-boyfriend. The incident was investigated by Deputy Ryan Young, Investigator Christopher Parker, with assistance from the Pembroke Volunteer Fire Department and the Emergency Management Office. Saeli was arraigned and released under supervision of Genesee Justice.

Darcia Marie Golda, 46, of West Main Street, Batavia, is charged with third-degree grand larceny. Golda is accused of stealing more than $31,000 from her employer, Rite Aid, at 4155 W. Main St., Batavia, between October 2016 and September 2017.

David Allen Gurgir, 56, of Hulberton Road, Holley, is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. Gurgir is accused of working with two accomplices to purchase a truck and complete all of the associated paperwork under false pretenses.

Daniel L. Schmiegel, 32, of Basom, is charged with two counts of criminal possession of a weapon, 3rd. Schmiegel is accused of possession of an assault rifle and an ammo clip. Schmiegel was arrested by State Police. No further details released.

Maurice G. Leach, 41, of Batavia, is charged with resisting arrest, unlawful possession of marijuana, endangering the welfare of a child, fleeing a police officer in a motor vehicle, 3rd, aggravated unlicensed operation, using a vehicle without an interlock device, reckless driving. Leach was arrested by State Police in relation to an incident reported at 8:42 p.m. Thursday. No further details released.

Woman arrested for smashing car window, stealing purse, enters guilty plea

By Howard B. Owens

A 37-year-old Batavia woman was caught smashing into a car window and stealing a purse, using credit cards from the purse, and later accused of using stolen checks, made a factual admission today to her crimes in Genesee County Court.

Brandi Marie Smith, of North Bennett Heights, entered a guilty plea to the Class E felony of grand larceny in the fourth degree.  

The plea satisfies all the charges against her and gives her a chance to avoid a prison term.

District Attorney Lawrence Friedman said if Smith abides by the court's orders while awaiting sentencing May 4, she will likely be given five years probation.

She is currently out of jail under supervision of Genesee Justice.

Smith was arrested in October and accused of smashing out the car window of a vehicle parked at a business, stealing the purse containing credit cards, debit cards and checks, and then using the items to make purchases at local stores.

She was charged with four counts of first-degree identify theft, four counts of forgery, three counts of second-degree identify theft, three counts of fourth-degree criminal possession of stolen property, and one count of fourth-degree grand larceny.

Later the same month, she was arrested again and charged with criminal possession of a forged instrument, 2nd. 

As part of her plea, Smith is required to pay restitution.

Law and Order: Employee accused of stealing from business

By Howard B. Owens

Shannon L. Klinkbell-Hayday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbell-Hayday allegedly made fraudulent return refunds at a business where she was working and then kept the return money.

Devin P. Hofert, 22, of Hutchins Street, Batavia, was arrested on a warrant. Police came into contact with Hofert during an investigation into a domestic incident. He was also allegedly found with a hypodermic instrument. He was jailed on $5,000 bail.

John A. Snook, 29, of Oak Orchard, Albion, is charged with first-degree criminal contempt. Snook allegedly violated a stay away order of protection by going to the home of the protected person. He was jailed without bail.

Freddie L. Cunningham Jr., 56, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cunningham allegedly threatened harm to another person during an incident reported at 3:14 p.m. Tuesday.

Christopher Lynn Allison, 23, of Gaines Waterport Road, Albion, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana. Allison was arrested after Deputy Ryan Delong responded to a report at 3:20 p.m. Wednesday to the 7-Eleven in Oakfield of a male unconscious in a vehicle.

A pair of attempted break-ins reported in Bergen

By Howard B. Owens

The Sheriff's Office is investigating a pair of attempted break-ins to residences in Bergen, one in the Village and one in the Town, that occurred the night of Jan. 23.

In both cases, the would-be intruder or intruders failed to make entry into the homes.

One was an apartment on Gibson Place, the other a house on Creamery Road.

Investigator Andrew Hale said he believes the two attempted break-ins are related.

They happened within hours of each other.

There's little evidence at this point to identify a suspect.

What stopped the possible burglary on Gibson was a security chain on the kitchen door of the apartment. Whoever tried to break in got the door open but couldn't open it further because of the chain, Hale said. 

On Creamery Road, several windows were tried but none successfully opened.

Residents in the area are reminded to lock their doors and windows and be on the lookout for suspicious activity.

Anybody with information that may assist the investigation may call the Sheriff's Office at (585) 353-5000 and ask for extension 3570.

Law and Order: Batavia man accused of eating deli sandwich and not paying for it

By Howard B. Owens

Randy J. Heslor, 24 of 3991 Pearl Street Road, Batavia, is charged with petit larceny. Heslor is accused of eating a deli sandwich in a store on West Main Street, Le Roy, and leaving without paying for it.

Robert T. Hoffman, 38, 45 Gilbert St., Le Roy, is charged with criminal mischief, 4th, and three counts of endangering the welfare of a child. Hoffman allegedly pushed another person and stopped that person from calling police. He was jailed on an unspecified amount of bail. 

Aaron Maurice Jackson Jr., 27, of Andrews Avenue, Binghamton, is charged with aggravated unlicensed operation, 3rd, and speeding. Jackson was stopped at 1:14 a.m. Monday on Boardway Road, Bethany, by Deputy Jeremy McClellan.

Grand Jury Report: 

Foster M. Brandt is indicted on counts of felony DWI. Brandt was stopped Sept. 23 on Route 5 in the Town of Le Roy. He was convicted in 2013 on a charge of driving while ability impaired by drugs.

Grand Jury: Man accused of possessing stolen credit card at nursing home

By Billie Owens

Michael S. Ryan is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 25 at the Premier Genesee Nursing Home on Bank Street in Batavia, he knowingly possessed stolen property -- a credit or debit card belonging to a client of the Le Roy Federal Credit Union.

Kevin G. Viehdeffer is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that he did not personally appear in Genesee County Court on the required date of March 27, or voluntarily within 30 days thereafter. It is alleged in the indictment that Viehdeffer was released from custody or allowed to remain at liberty upon the condition that he would subsequently appear in Genesee County Court.

Ryan P. Isham is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 10 in the Town of Elba that Isham drove a 2011 Chevrolet on Route 262 in Elba while intoxicated. In count two, the defendant is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more. In Special Information filed with the indictment by the District Attorney, Isham is accused of having been convicted of DWI as a misdemeanor on Nov. 15, 2015, in Cambria, Niagara County. That conviction is within 10 years of the crimes alleged in the current indictment.

Danielle N. Webster is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 6 in the Town of Alabama that Webster drove a 2005 Chevrolet on Bloomingdale Road while knowing, or having reason to know, that her driver's license or privilege to operate a motor vehicle was suspended in New York on Aug. 25 pending prosecution. It is further alleged that she was under the influence of alcohol or a drug at a time. In count two, the defendant is accused of driving while intoxicated as a misdemeanor. In count three, she is accused of failure to keep right. In count four, the defendant is accused of moving from lane unsafely. In count five, Webster is accused of moving across hazard lines on the roadway. In count six, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle.

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