crime

Zoe A. McClure, 48, of Bank Street, Batavia, is charged with identity theft, 2nd. McClure is accused of opening a credit card account in the name of another person and using that card to charge more than $500. McClure was arraigned in City Court and released under supervision of Genesee Justice.

William Gordon Schultz Sr., 43, no permanent address, is charged with petit larceny. Schultz is accused of shoplifting from Walmart at 3:20 a.m. Wednesday. He was jailed on $250 bail, $2,000 bond. Schultz was also arrested on a warrant for an unspecified violation of a family court act. He was jailed on $250 bail, $2,000 bond on this charge.

Samuel R. Thompson, 62, of York Street, Rochester, is charged with criminal mischief, 4th. Thompson is accused of writing on the outside of the building of Kwik Fill, 99 Jackson St., Batavia, at 3:38 p.m., Dec. 1, in permanent marker. He was jailed on $1,500 bond.

Christopher J. Campbell, 39, of Batavia, is charged with false personation. Campbell was arrested by State Police in relation to an incident reported at 5:15 p.m., Tuesday. No further details released.

       Phillip Muzzy

A Lackawanna resident has been identified as a suspect in a pair of "smash and grab" burglaries in Pavilion on Oct. 22.

Phillip S. Muzzy Jr. is accused of burglaries at Crosby's and Pavilion Farms.

Muzzy, who is currently an inmate in the Erie County Holding Center on unrelated charges,  was charged with two counts of third-degree burglary, second-degree criminal mischief, third-degree criminal mischief, and grand larceny, 4th.

Bail was set at $15,000 or a $20,000 bond.

The burglaries were investigated by Investigator Chad Minuto with assistance from Deputy Travis Demuth, Deputy Jenna Ferrando, Sgt. John Baiocco, the Warsaw Police Department, and the Erie County Sheriff's Office.

Brandon Seppe, who had pled guilty to a burglary reported in July, was sentenced today to one-and-a-half to three years in state prison under what is known as a "Willard" sentence, giving him a chance to complete a drug treatment program.

The 33-year-old Batavia resident was also involved in an accident in June on Veterans Memorial Drive where he was found to be driving while impaired by drugs.

Under today's sentence in County Court on the burglary guilty plea, the Department of Corrections will send Seppe to a Willard drug treatment program and if he completes it successfully, he will be released on parole.

A 22-year-old Darien Center resident involved in a rollover accident yesterday morning has been charged with driving while impaired by drugs.

Devon M. Lennon is accused of driving his 2001 Toyota sedan east on Bowen Road at 11:54 a.m. when he missed a curve and left the roadway along the left shoulder of Bowen Road. The vehicle struck a mailbox and rolled over down a hill. The car came to rest on its roof.

According to the accident report by Deputy Lonnie Nati, Lennon said he looked down to light a cigarette, causing him to miss the curve.

Lennon, who was not injured, was also charged with driving left of pavement markings in a no-passing zone.

The Church Road resident was released on an appearance ticket.

Karrie Morrow-Paine

Karrie Morrow-Paine, 34, of South Main Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Morrow-Paine allegedly sold a quantity of crack cocaine on two occasions to an agent of the Local Drug Task Force.

She was arrested on a warrant stemming from a sealed Grand Jury indictment during an investigation into an unrelated complaint in Batavia by Batavia police officers.

The arrest is the result of an investigation by the task force into the transportation, sale, and possession of crack cocaine in the Town of Batavia.

She was jailed without bail pending arraignment Monday.

       Amy Murray

Amy L. Murray, 43, of Roosevelt Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Murray is accused of selling pills of what authorities identify as a controlled substance to an agent of the Local Drug Task Force on two occasions in October.

The name of the substance was not released. 

Murray was arrested on a sealed Grand Jury indictment following an investigation by the task force into the sale of controlled substances around the Town of Batavia.

Following arraignment, Murray was released to the supervision of Genesee Justice.

The task force was assisted in the case by Batavia PD, uniformed deputies, and the District Attorney's Office.

  Lionel Anderson Jr.

Lionel Anderson Jr., a 16-year-old resident of Oak Street in Batavia, is charged with second-degree assault, a felony.

He was arrested following a fight at 8:10 p.m. on Nov. 28 at 16 Highland Park, Batavia.

According to Det. Eric Hill, the youth is suspected of injuring a 13-year-old victim who was slammed to the ground, face first, then the victim was struck in the face, twice, with a metal belt buckle. No information about the victim is being released.

Lionel was arrested after the alleged attack and initially charged with endangering the welfare of a child and harassment, 2nd. The upgraded charge comes after additional investigation. He was already in custody on the first charges when he was arraigned on the felony.

He was ordered held on $25,000 bail. He is due back in City Court at 11 a.m. on Thursday, Dec. 7.

Press release from State Police:

The New York State Police in the Western NY area, including Batavia residents and Niagara County Sheriffs Dispatch, are receiving IRS phone scams and money donation scams. Recently some of the calls have a return number to a New York State Police Barracks. The New York State Police are looking into these incidents.

The IRS does not contact the public over the phone to discuss tax payment issues. The NYSP do not call and collect money from anyone.

Other phone scams include a fictitious police officer calling you over the phone demanding money to help bail out a loved one that just got arrested.

Law Enforcement agencies do NOT call family members to take bail money or gift cards from a retail store to pay off a bail.

If you have an elderly member in your family warn them of these phone scams.

If you are a victim of a phone scam call the appropriate police agency in the area you reside or the State Police at 585-344-6200.

Joshua G. Bachorski, 34, of South Spruce Street, Batavia, is charged with petit larceny. Bachorski allegedly stole $370.82 in merchandise from Tops Market in Batavia.

Ricky A. Marceill, 53, of South Main Street, Batavia, was arrested on two warrants out of City Court for alleged failure to appear. He was held on bail.

James E. Porter, 66, of Clinton Street Road, Batavia, is charged with unlawful possession of marijuana. Porter was allegedly found in possession of marijuana at 11:22 p.m. Nov. 22 at a location on Clinton Street, Batavia.

Cody J. Dioguardi, 18, of Shepard Road, Batavia, is charged with unlawful possession of marijuana. Dioguardi was allegedly found in possession of marijuana at 11:07 p.m. Nov. 22 at a location on Clinton Street, Batavia.

Nancy E. Chatt, 72, of Prestige Crossing, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Chatt was charged following an investigation into a complaint of erratic driving at 7:24 p.m. Nov. 26 on West Main Street, Batavia. Chatt was stopped by Officer Stephen Cronmiller.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with criminal mischief and criminal contempt, 2nd. Dhanda was charged following an investigation into an alleged domestic incident reported at 7:52 p.m. at a location on Ellicott Street, Batavia. He was held on $2,000 bail.

Trisha M. Craig, 24, of Bergen, is charged with offering a false written statement and falsely reporting an incident. Craig was arrested by State Police related to an incident reported at 3:54 p.m. Nov. 27 in Bergen. No further information released.

     Sean Semprie

Sean A. Semprie Jr., 25, no permanent address, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Semprie allegedly sold crack cocaine to an agent of the Local Drug Task Force.

He was charged under a Grand Jury indictment and extradited back to Genesee County from Augusta, Maine, where was being held on unrelated charges. 

He was jailed on $10,000 bail.

       Marcos Torres

A suspected drug dealer from Batavia was stopped by a deputy today on suspicion of driving on a suspended license and at the time of the stop he was allegedly smoking marijuana with a child in the car.

Marcos A. Torres, 35, of South Main Street, now not only faces drug dealing charges but also charges of unlawful possession of marijuana, endangering the welfare of a child, and aggravated unlicensed operation, 3rd.

When Torres was stopped by Deputy Ryan DeLong, he was already wanted on a sealed grand jury indictment on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Torres is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions in the past four months.

Torres was jailed without bail.

       Timothy Lee

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

A 46-year-old Bergen man has been charged with driving while ability impaired by drugs after the truck he was driving yesterday was struck by a train near Buffalo Street Road.

Donald R. Read reportedly fell asleep while behind the wheel of his 2000 Ford F250.

The truck traveled off the north shoulder of the road, down an embankment, and across the south side and north side tracks of the CSX line.

It came to rest near the north-side tracks.

An eastbound train on the north side tracks struck the rear of the pickup truck. The accident was reported at 6:50 p.m.

Both Read and his passenger, Frank L. Morrison, had gotten out of the truck before it was struck.

Even so, Morrison suffered minor injuries and was transported by the Bergen Volunteer Ambulance to Unity Hospital in Rochester.

Read was also charged with moving from lane unsafely, unlawful possession of marijuana, and trespassing. Other charges are pending.

The accident was investigated by Sgt. Jason Saile, Deputy Rachel Diehl, Deputy James Stack, and Deputy Eric Meyer. Assisting at the scene were members of the Bergen Volunteer Fire Department and personnel from CSX.

(Initial Report)

A group of about 30 people are reportedly fighting outside at 16 Highland Park. Unknown if weapons are involved. Dispatch has received mutliple calls about it. City police are responding. Three people are detained on Central Avenue.

UPDATE 8:29 p.m.: Backup law enforcement is requested to respond to Central Avenue in response to the public fight that occurred in the area.

UPDATE 8:31 p.m.: Three units that were called were subsequently told to disregard.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

        Adner Davila

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.

Davon St. John, 19, of Oak Street, Batavia, is charged with five counts of second-degree burglary. St. John is accused of five residential burglaries at five locations on Ellicott Avenue, Montclair Avenue, and Union Street, Batavia. One house was burglarized three times and the other two, once each. St. John was jailed on $50,000 bail, $100,000 bond. The burglaries were investigated by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, Officer Mitchell Cowen.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with strangulation, 2nd. Eaton is accused of strangling another person at 4:23 a.m. Sunday at a location on Otis Street, Batavia. He was jailed without bail.

Natalie M. Cervone, 23, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Cervone was a passenger in a vehicle stopped for an alleged traffic violation at 8:30 p.m. Nov. 22 on Clinton Street by Officer Chad Richards.

Brandon J. Micucci, 18, of Main Street, Alexander, is charged with unlawful possession of marijuana. Micucci was allegedly found in possession of marijuana at 9:15 p.m. Nov. 20 at DeWitt Recreation Area by Officer Stephen Cronmiller.

D'andre J. Cramer, 18, of Maple Street, Batavia, is charged with unauthorized use of a vehicle, petit larceny, and criminal possession of stolen property, 5th. Cramer was arrested in connection with a report of a vehicle theft reported Sept. 4 from a location on Columbia Avenue. There was also an alleged theft from the vehicle. He was jailed on $1,000 bail.

Jason Scott Hall, 28, of Rochester Road, Gasport, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hall was arrested by Deputy Howard Wilson following a DEC license check on Feeder Road, Alabama, at 11 a.m. on Friday.

Jake T. Flick, 23, of Oakfield, is charged with unlawful imprisonment, 2nd, harassment 2nd, and acting in a manner injurious to a child under age 17. Flick was arrested in connection with an incident reported at 2:54 a.m. Saturday by State Police. No further information released.

Janet L. Gatley, 48, of Niagara Falls Boulevard, North Tonawanda, is charged with falsifying business records, 1st, criminal possession of a controlled substance, 7th, petit larceny, and violation of public health. Gatley is accused of stealing numerous controlled substances from UMMC, where she was employed. The alleged thefts were investigated by Batavia PD and the State Attorney General's Office.

Jordan J. Schunk, 18, of Alexander Road, of Alexander, is charged with unlawful possession of marijuana. Schunk was allegedly found in possession of marijuana while in DeWitt Recreation Area after hours, at 8:58 p.m. Monday.

Jammie Lee Brown, 26, of Gates-Greece Townline Road, Rochester, is charged with harassment, 2nd. Brown is accused of grabbing and pushing another person while at a gas station on Route 19, Town of Le Roy, at 4:31 p.m. Thursday. Brown was jailed on $250 bail.

Kenneth Carl Niles, 26, of Route 88 North, Newark, is charged with petit larceny. Niles is accused of shoplifting from Walmart. Also charged, Scott James Gunkel, 38, of North Main Street, Newark.

Collin Wickings, 24, of Bergen, is charged with first-degree sex abuse. Wickings is accused of sexual contact with a child less than 11 years old. Wickings was arrested as a result of an investigation by State Police. No further information released. The investigation is pending.

       Joseph James

Joseph B. James, 36, of Central Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

James is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions last month. 

Task Force members arrested James at the County Courts Facility while he was being sentenced in an unrelated case.

He was jailed without bail.

His arrest comes following an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

The District Attorney's Office assisted in the investigation.