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Subject of 20-hour standoff came close to release from jail without bail under new state rules

By Howard B. Owens
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       Daniel Wolfe

Despite holding police officers at bay for 20 hours a week ago, despite a prior felony conviction, despite alleged mental health and substance abuse issues, under the state's new bail reform rules, Daniel Wolfe could have gotten out of jail today at no cost.

Judge Charles Zambito was only able to set bail in the case because Wolfe allegedly violated a stay-away order of protection by twice trying to contact his girlfriend, whom he allegedly abused Nov. 18 before barricading himself in his apartment at 209 Liberty St., Batavia.

Without the allegation of those phone calls, Zambito would have been forced to release Wolfe under terms of the new bail standards.

The new bail reform guidelines -- designed primarily to address pretrial confinement issues in New York City -- don't take effect until Jan. 1. But First Assistant District Attorney Melissa Cianfrini made her request for bail under the new rules because otherwise Wolfe would be entitled to a bail review Jan. 1, when he's still likely to be in pretrial status awaiting further court proceedings in his case.

In setting the amount of bail, Zambito was allowed to consider other factors in the case that indicate Wolfe's potential to flee the court's jurisdiction. These include: the 20-hour standoff; the potential for a harsher sentence because of Wolfe's 2012 felony conviction; his potential for untreated mental health and substance abuse issues; and the fact he has a relative in Alaska, where he lived for a while in 2012.

Zambito also could take into account the fact that Wolfe doesn't have an apparent place to live now that his apartment is destroyed, though he also needed to consider Wolfe's inability to pay cash bail because he isn't employed.

Zambito set bail at $10,000 cash, $25,000 insurance bond, or $50,000 partially secured bond. Cianfrini requested $25,000 cash bail and Public Defender Jerry Ader requested $5,000 bail.

Previously:

Law and Order: South Swan Street woman accused of criminal contempt and assault

By Billie Owens

Cynthia M. Mack, 52, of South Swan Street, Batavia, is charged with first-degree criminal contempt and third-degree assault. Mack was arrested at about 8 p.m. on Nov. 15 after an incident at a residence on South Swan Street. She allegedly punched a person in the face, causing a laceration. Mack has an order of protection against her. She was arraigned in Batavia City Court and jailed without bail. She was due to return to court on Nov. 18. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Wesley Rissinger.

Christina Elaine Taylor, 38, of South Academy Street, Medina, is charged with driving while intoxicated and speeding -- exceeding 55 mph. She was arrested at 12:50 a.m. on Nov. 21 on Alleghany Road in Alabama following a traffic stop. Taylor was issued appearance tickets and is due in Alabama Town Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Austin Heberlein.

Defendant in 20-hour standoff appears in court, case continued to Dec. 12

By Howard B. Owens
wolfedanielmugnov2019.jpg
       Daniel Wolfe

Daniel Wolfe, the man accused of hitting his girlfriend before barricading himself in his apartment on Liberty Street, made a routine follow-up appearance in Batavia City Court this morning.

Wolfe had previously pled not guilty at his initial appearance to charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Today he was represented by public defender Jerry Ader.

Ader preserved his client's right to a felony hearing at a later date, and said his office is still investigating the case so he has no motions to make at this time. He asked that the case be continued in City Court until Dec. 12.

Judge Robert Balbick granted all of Ader's requests.

Wolfe, shackled and in an orange jail jumpsuit, said nothing while standing before Balbick.

Subject of 20-hour standoff on Liberty Street facing at least five criminal charges

By Howard B. Owens

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         Daniel Wolfe

Press release:

On Monday, Nov. 18 at approximately 1:18 p.m., the Genesee County Dispatch Center received a domestic call at 209 Liberty St.

The caller reported that an intoxicated male struck a female and the male was in possession of a sword. It was also reported that the female was able to escape the residence.

Officers from the Batavia Police Department arrived on scene and encountered the male, who had barricaded himself inside the residence. The female was located and found safe at a neighbor’s home.

The suspect, who remained inside the house, began shooting at officers with a BB rifle.

Immediately, the Batavia Police Department set up a perimeter around the residence and neighbors were told to shelter in place. The Batavia City School District was informed of the incident so appropriate measures could be taken to ensure the safety of the students, including students attending the Jackson Primary School, located a few blocks away.

Batavia Police negotiators were called to the scene along with the Batavia Police Emergency Response Team (ERT), the New York State Police, and the Genesee County Sheriff’s Office / K-9 Unit and the New York State Department of Environmental Conservation K-9 Unit.

Negotiators were able to make verbal contact with the suspect who was identified as Daniel Wolfe, 45, who resided at 209 Liberty St. in the upstairs apartment. Wolfe repeatedly told negotiators that he wanted officers to kill him. He refused officers' commands to come out of the house.  

The Genesee County Sheriff’s K-9 handler attempted to send "Frankie" inside to safely take Wolfe into custody. Wolfe then attempted to slash Frankie with a knife, and the handler pulled Frankie back to safety.

Wolfe continued to tell officers throughout the incident that he wanted officers to kill him, and he threatened to shoot officers.

Several options were tried to get Wolfe to surrender that included the launching of chemical agents into the residence and the use of robots/drones to determine where he was in the residence. Other negotiating and swat teams were called in to assist.

After approximately 20 hours, Wolfe exited the residence and surrendered to Detective Sargent Kevin Czora of the Batavia Police Department.

Wolfe was transported to Strong Memorial Hospital for injuries he sustained during the incident. These injuries were self-inflicted. All officers on the scene and civilians in the neighborhood were unharmed during this incident.

Wolfe was later released from Strong hospital, at which time he was arrested by Batavia Police Department on charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Wolfe was arraigned in Batavia City Court on Nov. 19 and is being held without bail at the Genesee County Jail.  He will reappear in Batavia City Court at 11 a.m. tomorrow (Nov. 21). Additional charges are pending.

The Batavia Police Department would like to thank: the Genesee County Sheriff’s Office; Orleans County SWAT; New York State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the New York State Department of Environmental Conservation K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City of Batavia Fire Department; Mercy EMS; and the numerous citizens who supported the efforts, both on the scene and in the days following this incident.

Photos: Top photo: still from the video shot yesterday of Wolfe and Det. Kevin Czora and an unidentified plainclothes State Trooper slowly walking Wolfe from the apartment where he had been barricaded to a waiting ambulance. Bottom photo, still from a previously unreleased portion of the video where Wolfe turned to look down the street, and pulled back slightly, as Czora and the trooper tried to coax him into the ambulance.

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Video: End of the 20-hour standoff on Liberty Street

By Howard B. Owens
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At 8:42 a.m., after barricading himself in his apartment for 20 hours while SWAT teams swarmed around his residence, a Batavia man was finally coaxed out of his dwelling by a detective who managed to gain his trust over the course of the ordeal.

The resident, whose name has not yet been released, was gently escorted by Det. Kevin Czora and a plainclothes state trooper to a waiting ambulance five houses down the block, just north of Cherry Street.

Assistant Chief Todd Crossett said the man is facing criminal charges and his name and the exact nature of the charges will be released later today.

The Batavian captured exclusive video of the subject being escorted from the house and down Liberty Street.

Liberty Street standoff ends; suspect being transported by ambulance

By Mike Pettinella

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PHOTO (9:32 a.m.): Det. Kevin Czora worked into the evening to establish a relationship with the man who had barricaded himself in an apartment on Liberty Street and came back this morning and resumed the conversation. He spent at least 90 minutes talking to the man before the subject slowly came out and Czora then coaxed him around the corner of the house and then walked him down the street, with the assistance of only one other officer, and into a waiting ambulance. The man was clearly fearful of both the other people around and the environment (he looked up at the sky and all around him at least once).

UPDATE 9:21 a.m. (By Billie): City fire units on Liberty Street are clearing the scene; back in service.

BREAKING -- 8:50 a.m., Nov. 19

Howard Owens has just reported that the suspect is out of the house and is being placed into an ambulance by law enforcement and EMT personnel.

Also, Jackson Primary School is in session; school official reports "business as usual."

Prior to the end of the standoff, the school district sent a telephone message to parents informing them of the situation, noting that bus service would be at St. Anthony's for those living on Liberty Street.

Watch for more updates and photos. The Batavian will have exclusive video of the subject being coaxed by Det. Kevin Czora from the house and walked to an ambulance.

----------------

Previously:

Nov. 18, 4:18 p.m.

Batavia City Police Chief Shawn Heubusch reported that the man barricaded inside of a house at 209 Liberty St. has fired several shots at police with a pellet gun and is refusing to come out peacefully.

"Our patrols responded to an address (about two hours ago) on Liberty Street for a domestic disturbance situation," Heubusch said. "Upon arrival, there's this male subject in the upstairs apartment that has barricaded himself in and is refusing to come out. He has a pellet rifle or pellet gun that he is shooting at us, if you will.

"Right now we're working through the process of trying to get him to come out and talk to us."

Heubusch said that the victim of the alleged dispute (the man's girlfriend) is no longer inside the house and the downstairs neighbor also has been evacuated.

He added that police are "working with the (Batavia City) school district, busing the children from Jackson (School) and making sure the kids stay safe and there's no traffic in the area."

"We're keeping the kids away from the area and keeping the neighbors indoors at this point until we can get the subject in custody."

According to David Zanghi, the downstairs tenant, the incident started when the upstairs tenant (name being withheld at this time) punched his girlfriend in the right eye and took some of her prescription drugs. Zanghi said the suspect also is in an intoxicated state.

"He's got a sword and a BB gun, and he's already shot out a couple windows," Zanghi said. "They (police) won't go in there until they get a warrant; that's what the police told me."

Previously (3:12 p.m.) (by Billie):

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a perimeter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

UPDATE 9:30 p.m. (by Howard): The standoff continues. Chief Shawn Heubusch said a little while ago that law enforcement is prepared at this point to wait as long as they must for the man in the house to exit on his own safely. The Orleans County SWAT team responded to the incident about 7:30 p.m. and at about 8 p.m., once in position around the house, fired a volley of CS gas canisters into the house. The suspect did not exit the house and there was no communication between law enforcement and the subject for at least 45 minutes, at which point negotiations began again. Heubusch said he's reluctant to send in officers to try and apprehend the suspect because that could lead to serious consequences for either the suspect or an officer and the goal is to ensure there are no serious injuries or fatalities. Trying to make entry could force a confrontation that would require an officer to take decisive action. (We'll post a video and photos later.)

UPDATE 10:53 p.m. (by Howard): Heubusch just confirmed that about three hours ago the suspect tried to stab "Frankie," the K-9 of Deputy Chris Erion. The attempt was unsuccessful. Frankie was not injured.

UPDATE 6:09 a.m. Nov. 19 (by Howard): The individual is still barricaded in the apartment. Law enforcement is still waiting him out. The Monroe County Sheriff's Office has provided additional manpower to provide relief for officers who had been on scene for hours. The contingent from MCSO includes a negotiator who has been trying to talk with the subject. From about 2:20 a.m. to 3 a.m., he did not respond to repeated requests to speak and shortly after 3 a.m. he responded to the officer. The Batavian is continuing to withhold publication of photos and video until the situation is resolved.

Man reportedly carrying sword barricaded in house on Liberty Street surrounded by police

By Billie Owens

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a parameter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

Law and Order: Bergen man accused of tampering with electric meter after power was shut off

By Billie Owens

Stephen Anthony Marazita, 37, of North Lake Avenue, Bergen, is charged with criminal tampering in the second degree. Marazita was arrested at 8:49 p.m. on Nov. 14. It is alleged that he tampered with his electric meter to turn power back on at his residence after it was shut off. He was arraigned in Bergen Town Court and released on an appearance ticket. He is due to return to court on Nov. 20. The case was handled by Genesee County Sheriff's Deputy David Moore.

Phillip Sanders Brunson, 32, of an unspecified address in Gowanda, is charged with two counts of second-degree harassment. Brunson was arrested on  Nov. 14 in regard to an incident that occurred on Nov. 24, 2016. He allegedly slapped and spit in a female's face and shoved another female during a domestic incident on Maple Street in the City of Batavia. He was arraigned in Batavia City Court. (His disposition afterward was not provided.) The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

A 17-year-old female who lives in Batavia was arrested on Nov. 7 after an incident that occurred the day before outside a residence on Hutchins Place in Batavia. The girl allegedly threatened to harm people while holding a baseball bat. She was issued an appearance ticket and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree criminal contempt. Following an investigation of phone calls made from recorded jail phones, Bobzien was arrested on Nov. 18. It is alleged that he violated a stay away order of protection issued by Batavia City Court. He is due back in court on Nov. 26. The case was handled by Batavia Police Officer James Stack, assisted by Officer Dennis Bartholomew.

Jahmaal Lee Barnes, 19, of Batavia Stafford Townline Road, Batavia, is charged with third-degree burglary and fourth-degree grand larceny. Barnes was arrested at about 8 p.m. on Nov. 16 and arraigned in Batavia Town Court. It is alleged that at 11 a.m. on Nov. 14 that Barnes entered an apartment on Batavia Stafford Townline Road and stole the resident's debit card. Barnes was released under supervision of Genesee Justice and is due back in Batavia Town Court on Dec. 16. The case was investigated by Genesee County Sheriff's Deputy Nicholas Chamoun.

Highland Park teen accused of stealing cash and harassing minor

By Billie Owens

Devon A. Wright, 18, of Highland Park, Batavia is charged with: second-degree harassment -- physical contact; fourth-degree grand larceny -- taking property from a person; and endangering the welfare of a child less than 17. Wright was arrested on Nov. 10 following an incident with a juvenile that occurred at Batavia City Centre at 10 a.m. that day. Wright allegedly stole an envelope containing cash from the pant pocket of a juvenile, and then grabbed the person by the wrist, causing them to feel threatened and fear physical harm. Wright was arraigned at 9:37 p.m. in Batavia City Court and jailed without bail. Wright was due back in city court on Nov. 12. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Sean Wilson.

Casey Lynn Fitch, 30, of North Spruce Street, Batavia, is charged with: having unsafe tires; moving from lane unsafely; leaving the scene of a property damage accident; driving while intooxicated; and DWI with a BAC of .08 percent or higher. Fitch was arrested following a hit-and-run property damage accident that occurred at 9:11 p.m. on Nov. 7 on Naramore Drive in Batavia. Fitch was transported to Batavia Police Department and processed, then issued traffic tickets. She is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

William C. Hofert, 60, of Dewey Avenue, Batavia, is charged with driving while intoxicated and refusal to take a breath test. Hofert was arrested on Nov. 5 following an accident that occurred at 10:03 p.m. on Dewey Avenue. He allegedly drove a vehicle while intoxicated and struck parked cars. He was issued traffic tickets and released and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Miah Stevens.

Thomas Scott Flower, 47, of West County House Road, Albion, is charged with: aggravated unlicensed operation in the first degree; operating a motor vehicle with a BAC of .08 percent or more; driving while intoxicated; and speed not reasonable and prudent. At 9:08 a.m. on Nov. 12, following the investigation into a one-car accident on Knowlesville Road in Alabama, Flower was arrested on the charges. He was released on appearance tickets and   is due in Alabama Town Court on Nov. 27. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Alexandrea Lea Fitzwater, 33, of Church Street, Medina, is charged with aggravated unlicensed operation of a motor vehicle in the third degree, petit larceny and sixth-degree conspiracy. Fitzwater was arrested on Nov. 12 following in investigation into a larceny that occurred at Kohl's department store in Batavia during the afternoon of Sept. 8. She was issued appearance tickets and is due in Town of Batavia Court on Dec. 5. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon.

Law and order: Maple Street mom accused of resisting arrest, endangering her children, harassment and criminal contempt

By Billie Owens

Amanda M. Webb, 30, of Maple Street, Batavia, was charged on Nov. 3 with: resisting arrest; two counts of endangering the welfare of a child less than 17; criminal contempt in the first degree -- physical contact; and two counts of second-degree harassment -- physical contact; and third-degree criminal mischief. At 11:01 a.m. on Nov. 3, Webb was arrested following a traffic stop on Bank Street in Batavia. She allegedly violated a stay away order of protection and hit the protected party. Then Webb allegedly physically resisted officers during her arrest while her two children were in the vehicle. She was arraigned in Batavia City Court, jailed without bail and was due back in court on Nov. 4. That's when the third-degree criminal mischief charge was added following an investigation of an incident that took place at 11:40 a.m. on Nov. 1 outside a residence on Wood Street in the city. Webb was due in Batavia City Court Nov. 8 in that matter (which also includes one of the two second-degree harassment charges). The cases were handled by Batavia police officers Joshua Girvin, Arick Perkins, Jordan McGinnis and Wesley Rissinger. 

Lawrence A. Guy, 43, of East Main Street, Batavia, is charged with second-degree attempted assault and fourth-degree criminal mischief. Guy was arrested at 1:17 a.m. Nov. 11 following a domestic dispute. He was arraigned in Batavia City Court and put in Genesee County Jail without bail. He is due to return to city court on Nov. 14. The case was handled by Batavia Police Officer Peter Flanagan and Officer Adam Tucker.

Charles L. Stiles, 44, of Otis Street, Batavia, is charged with third degree assault and criminal mischief. He was arrested at 8 p.m. on Oct. 19 following q domestic dispute. He was arraigned Oct. 20 in Batavia City Court and jailed in lieu of $1,000 cash or bond. He was due to return to court Oct. 21. The case was handled by Bataiva Police Officer Peter Post, assisted by Officer Sean Wilson.

Eric J. McGill, 36, of Hutchins Place, Batavia, is charged with second-degree menacing and criminal possession of a weapon in the third degree. He is accused of using a baseball bat to menace a person on Hutchins Place in Batavia. He was arrested at 2:34 p.m. on Nov. 5, arraigned in Batavia City Court and jailed in lieu of $2,500 cash or bond. McGill was due to return to city court Nov. 7. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Joshua A. Aughenbaugh, 25, of Seven Springs Road, Batavia, is charged with aggravated unlicensed operation in the second degree and driving while intoxicated. He was arrested at 2:12 a.m. Nov. 10 on Ross Street in Batavia. He was released to a sober third party and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Arick Perkins.

Aaron David Mee, 56, of Liberty Street, Batavia, is charged with aggravated unlicensed operation in the second degree and trespass. Mee was arrested at 3:52 p.m. Nov. 5 in the 8900 block of Alexander Road (Route 98) in Batavia following the investigation of a trepass complaint. He was issued appearance tickets and is due in Batavia Town Court on Nov. 25. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Eric Meyer.

Salvatore M. Tornabene, 27, of Montclair Avenue, Batavia, is charged with second-degree criminal contempt. At 3:14 p.m. on Nov. 11 Tornabene was arrested for violating an order of protection. He is accused of being at the residence of a protected party on Ross Street in Batavia at 2:54 p.m. on Nov. 11. He was released with an appearance ticket and is due in Batavia City Court today (Nov. 12). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Devon A. Wright, 18, of Highland Park, Batavia, is charged with second-degree criminal contempt. Wright was arrested and arraigned in Batavia City Court Nov. 10 after a complaint alleging the violation of an order of protection at 8:16 p.m. on Nov. 5 on Harvester Avenue. Wright was due in city court today (Nov. 12) to answer the charge. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Stephen Quider.

Derrick Roy Kio, 28, or Minard Road, Portageville, is charged with second-degree criminal contempt. He was arrested at 4:50 p.m. on Nov. 9 for allegedly violating a court order of protection on Oct. 8 on West Main Street Road in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 14. The case was handled by Genesee County Sheriff's Deputy David Moore.

Robert Leon Murray, 43, of Bay Lane, Cheektowaga, is charged with second-degree criminal contempt. Murray was arrested for allegedly having third-party contact with a protected person at 4:24 p.m. on Sept. 10 on Sumner Road in Darien, in violation of an order of protection. He is due in Darien Town Court on Nov. 19. The  case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Frank James Capen, 27, of Church Street, Medina, is charged with petit larceny and sixth-degree conspiracy. He was arrested Nov. 10 following the investigation of a larceny at Kohl's department store in Batavia at 4:55 p.m. on Sept. 8. He was issued an appearance ticket and is due in Batavia Town Court on Nov. 28. The case was handled by Batavia Police Officer Joshua Brabon.

Jakob M. Kosiorek, 26, of Harvester Avenue, Batavia, is charged with petit larceny. He was arrested at 3:34 p.m. on Nov. 6 following a shoplifting investigation at a business on East Main Street in Batavia. He was issued an appearance ticket and was due in Batavia City Court today (Nov. 12). The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin DeFelice.

Morgan Lee Cox, 27, of Hutchins Place, Batavia, is charged with tampering with physical evidence and promoting prison contraband in the second degree. Following an investigation at the Genesee County Jail, Cox was arrested at 2 p.m. on Nov. 4. He allegedly possessed contraband inside the jail and attempted to conceal it from jail staff. He was due in Batavia City Court Nov. 5. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon.

Benjamin Santiago Jr., 30, of South Lyon Street, Batavia, is charged with promoting prison contraband in the second degree. On Nov. 4, following an investigation at the Genesee County Jail, Santiago was arrested at 2 p.m. on Nov. 4. He was due in Batavia City Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon.

Scott Eric Hodgins, 55, of West Main Street, Batavia, is charged with possession of contraband while in prison. On Nov. 4, following an investigation of drug paraphernalia located in the Genesee County Jail, Hodgins was arrested at 5:04 p.m. on Nov. 4. He was issued an appearance ticket and was due in Batavia City Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Rebecca S. Kepner, 36, of Bank Street, Batavia, is charged with failure to appear after an appearance ticket was served. She was arrested at 6:57 a.m. on Nov. 9 at her residence on Bank Street and released on her own recognizance. She was due in Batavia City Court today (Nov. 12). The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Arick Perkins.

Devon Paul Leach, 25, of Torrey Road, Bethany, is charged with unlawful possession of marijuana in the second degree. Leach was arrested following a traffic stop at 12:56 a.m. on Nov. 6 on East Main Street in Batavia. Leach was released on an appearance ticket and was due in Batavia Cioty Court today (Nov. 12). The case was handled by Batavia Police Officer Peter Post, assisted by Officer Peter Flanagan.

Suspect shot in home invasion robbery identified

By Howard B. Owens
mugcharlescooper2019arrest.jpg
     Charles Cooper

A 36-year-old resident of Lodi, Charles E. Cooper, is accused of forcing his way into a home at 6735 Clinton Street Road, Stafford, at 9 p.m., Tuesday, and demanding cash before he was shot by one of the residents of the home.

Cooper is in critical condition at Strong Memorial Hospital. He has not yet been charged with a crime. The investigation remains active.

The Sheriff's Office reports that the suspect appears to have targeted the specific residence.

"This was not a random act," the Genesee County Sheriff's Office said in a press release. "(There) is no reason to believe there is further concern for public safety of residents in the area."

It's believed that Cooper acted alone.

According to the Sheriff's Office, it appeared that Cooper held a pistol when he entered the home.

One of the two residents of the home managed to grab his long gun and shot Cooper with a single round of ammunition and incapacitated him.

A short time later, deputies and troopers arrived on the scene and took Cooper into custody without incident. He was treated at the scene by medics from Mercy EMS and then transported to Strong by Mercy EMS.

The Sheriff's Office says charges are pending.

Cooper, 35, was arrested in February along with Joshua Cooper, 32, of Ovid, in Darien for allegedly doing unauthorized repair work on a driveway of a residence and then demanding money. They were charged with soliciting without a permit, fraud and conspiracy. 

The mug shot is from an arrest in February in Darien.

Home-invasion robbery suspect shot by homeowner in Stafford

By Billie Owens
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A home-invasion robbery suspect in Stafford was reportedly shot by a homeowner tonight and airlifted by Mercy Flight to Strong Memorial Hospital in Rochester.

The Genesee County Emergency Dispatch Center received a call at about 9:08 p.m. of a possible shooting at 6731 Clinton Street Road in Stafford. Law enforcement was dispatched and Mercy medics were requested to stage in the area.

Subsequently, it was reported that a suspect, who appeared to possess a firearm, forced his way into the residence and demanded cash. Genesee County Sheriff's Office Undersheriff Brad Mazur said the homeowner was able to retrieve a long gun and shoot the intruder.

The condition of the patient has not yet been released.

Video: New book tells the tale of 10 murders in Genesee County and the executions that followed

By Howard B. Owens
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Local Author Rob Thompson, whose 16 books include "Linden Murders: Solved," has a new book out on the 10 murder committed in Genesee County and the men who committed them and were eventually executed (seven hung in Genesee County).

The book, "Swinging in the Rain," will soon be available at the Holland Land Office Museum, at book signings Thompson attends, and on Amazon.

Law and Order: Liberty Street woman arrested for conspiracy and larceny where she once worked

By Billie Owens

Stacy J. Watson, 43, of Liberty Street, Batavia, and Jennifer A. Mcauley, 46, of Shelby Basin Road, Medina, were arrested on Oct. 29 on misdemeanor charges following a larceny complaint at the Home Depot on Veterans Memorial Drive in Batavia. At 2:56 p.m. deputies responded to the store in the Town of Batavia for an investigation. Watson is charged with two counts of petit larceny and two counts of sixth-degree conspiracy. Mcauley is charged with two counts of petit larceny. It is alleged that Watson, a former Home Depot employee, conspired with Mcauley to steal merchandise from the store. Both subjects were issued appearance tickets and are due in Batavia Town Court on Nov. 14. The case was investigated by Genesee County Sheriff's Deputy Erik Andre.

Steven B. Nesbitt, 34, of Holland Avenue, Batavia, is charged with second-degree harassment and first degree criminal contempt. Nesbitt was arrested 2:22 p.m. on Oct. 24 after an incident that occurred at a residence on Holland Avenue. It is alleged that Nesbitt had physical contact with a person who had a "refrain from order of protection" against Nesbitt. He is due Batavia City Court on Nov. 7. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Melissa A. Wetmore, 47, of Main Road, Corfu, is charged with driving while intoxicated and operating a motor vehicle while having a BAC of .08 percent or more. Wetmore was arrested at 8:11 p.m. on Oct. 26 on North Lyon Street in Batavia after an accident investigation. She is due in Batavia City Court on Nov. 6. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Tyler Lee Walls, 23, of Upper Holley Road, Clarendon, is charged with: unlawful possession of marijuana; operating a motor vehicle with a suspended registration; aggravated unlicensed operation in the second degree; and operating a motor vehicle with no headlamps. At 4:49 p.m. on Nov. 1, Walls was arrested following a traffic stop on Lake Street (Route 19) in Le Roy. It is alleged Walls was driving a vehicle without headlights while having a suspended driver's license and suspended registration. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Travis DeMuth.

Brittany M. Smith, of Pringle Avenue, Batavia, was arrested the morning of Nov. 2 on active bench warrants out of Batavia City Court for failing to appear in court and failing to comply with the court. She was arraigned at 9:50 a.m. and put in jail in lieu of $2,500 cash bail or bond. She is due in Batavia City Court this afternoon (Nov. 4). The case was handled by Batavia Police Officer Peter Post, assisted by Officer Christopher Lindsay.

Jury finds Elba man not guilty of child sex abuse charges

By Billie Owens

A jury today declared Mark Daniel Tooley, 35, of Oak Orchard Road, Elba, not guilty of sex abuse charges involving a minor.

In January Tooley was arrested following a Grand Jury indictment stemming from a Sheriff's Office investigation. He was charged with: first-degree sexual abuse; acting in a manner injurious to a child less than 17; and first-degree criminal sex act.

He was accused of having sexual contact with a victim under the age of 13 on Main Road in Stafford on Dec. 24. The jurors acquitted him following a trial this week in Genesee County Court.

Law and Order: Bank Street woman accused of letting people sell crack out of her apartment

By Billie Owens

Marya B. Cole, 36, of Bank Street, Batavia, is charged with criminal nuisance. She was arrested on Oct. 23 after allegedly allowing people to sell crack cocaine out of her apartment between Sept. 9 and Sept. 28 in the City of Batavia. Cole was issued an appearance ticket and released. Cole is due in Batavia City Court at 1 p.m. on Nov. 12. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Mitchell Cowen.

Lizbet D. Cramer, 42, of Dellinger Avenue, Batavia, is charged with failure to exercise control of a minor. Cramer was arrested Sept. 9 after an investigation that alleges she allows a child to violate curfew and fails to abide by probation stipulations. She was issued an appearance ticket and is due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Sgt. Christopher Camp.

Aaron W. Clark, 30, of Oak Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 4:20 p.m. on Oct. 28 on Oak Street in Batavia after allegedly punching and damaging a wall at a residence. Clark was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Nov. 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

Bobby Lee Mobley, 34, no address provided, is charged with: obstruction of governmental administration; criminal possession of a controlled substance; and criminal contempt. Mobley was arrested at 11:54 p.m. on Oct. 27 on Maple Street in Batavia following a domestic incident. Mobley was arraigned in Batavia City Court on Oct. 28 and jailed in lieu of $5,000 cash or bond. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Arick Perkins.

Aaron M. Hatt, 23, of Broadway Road, Alexander, is charged with third-degree criminal trespass. Hatt was arrested on Oct. 19 after allegedly entering and remaining on private property without permission to do so at 9:07 a.m. that day on Howard Street in Batavia. He was processed at the scene and released with an appearance ticket for Oct. 29 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Ridge A. Bono, 28, of Ross Street, Batavia, is charged with trespass. Bono was arrested on Oct. 21 following a trespass complaint alleging he went on property on North Street in Batavia at 4 p.m. on Oct. 20 that he had previously been banned from. Bono received an appearance ticket and is due in Batavia City Court on Nov. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jason Ivison.

Woman in Batavia accused of selling drugs to Task Force agents

By Howard B. Owens
thomaslindamug2019.jpg
      Linda Thomas

A 64-year-old woman living in Batavia has been arrested on suspicion of selling controlled substances following an investigation by the Local Drug Task Force.

Linda P. Thomas, of West Main Street, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal sale of a controlled substance, 5th.

Thomas is accused of selling hydrocodone to an agent of the Local Drug Task Force and alprazolam to an agent on two other occasions.

Thomas was arraigned in County Court and released under supervision of Genesee Justice.

Murder suspect refuses to leave jail for court, judge tells deputies to bring him by force next time

By Howard B. Owens
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    Quinten Edmonds

A former parolee from Rochester accused of murdering a good Samaritan on Ross Street at the end of May refused to appear in court today for an evidentiary hearing and Judge Charles Zambito set a new hearing date and ordered deputies to bring him in by force next time if necessary.

Quinten Edmonds is being held at the Genesee County Jail while awaiting trial. He is accused of killing Michael R. Paladino, 43, after Paladino reportedly saw Edmonds hitting a woman, who had been a passenger in the Rochester man's car, outside of Paladino's apartment on Ross Street.

A grand jury has indicted Edmunds on second-degree murder, a Class A-1 felony. 

Batavia Police Chief Shawn Heubusch said after the incident that their investigation indicated that Edmonds was in a vehicle in the City when an argument began between Edmonds and at least one of the two women in the vehicle with him. The vehicle stopped on Ross Street and the argument continued outside the vehicle.

Emergency dispatchers received a call of the disturbance at 5/7 Ross St. at 12:44 a.m.

Paladino suffered multiple stab and cut wounds to his upper torso and head and collapsed in the entryway of his apartment. He was transported by Mercy EMS to UMMC. He was pronounced dead at 5:05 a.m. by Coroner Don Coleman.

The women in the vehicle fled the scene right away and a police officer saw a vehicle driving erratically and stopped it in the parking lot just east of St. Joseph School.

Edmonds is next expected in court at 3 p.m., Dec. 12.

Man faces up to 20 years in prison after admitting to hammer attack on Ellicott Street resident

By Howard B. Owens
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Benjamin Santiago Jr.

A man accused of entering an apartment on Ellicott Street and attacking the resident with a hammer before stealing property and a credit card and then stealing a truck from another person appeared in Genesee County Court today and accepted a plea bargain he had previously turned down.

With the guilty plea in the assault and robbery case, Benjamin Santiago Jr., 30, is facing a prison term of eight to 20 years.

Sentencing is scheduled for Dec. 5 at 2 p.m.

At 9:15 p.m., June 2, Santiago entered the apartment of a person he knew on Ellicott Street and demanded money. When he didn't get it, he attacked the man with a hammer, then stole items and fled on a bicycle he had stolen earlier in the day from a location on Bank Street.

He then located a 2010 Ford F150 Lariat super cab truck belonging to a third victim and fled to Rochester, where he was located and arrested by police there.

Santiago had rejected a similar plea offer before the case was referred to the grand jury.

He came into court facing an eight-count indictment, including first-degree robbery and a first-degree assault, and with the previous plea offer no longer on the table; however, after a conference with Judge Charles Zambito, Santiago was allowed to enter the plea under the same conditions as the previous offer.

Santiago has been arrested previously in and around Batavia, including a case involving problems at a local hotel that led to a multi-agency manhunt 2011. The two brothers in the case were later accused of trying to hire somebody to kill Santiago. Eventually, that case led to a prison term for Santiago. He was most recently accused of stealing $800 in tools from Crocker's Ace Hardware in Le Roy.

Law and Order: Corfu sex offender accused of failing to register email address

By Billie Owens

Raymond Dennis Bieganski, 66, of Main Street, Corfu, a NYS Level 2 registered sex offender, is charged with failure to register an email address. He was arrested for violating NYS Correction Law by failing to register an email address on July 22. He was issued an appearance ticket for Nov. 4 in Village of Corfu Court. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Justin David Spilberg, 31, of Salt Works Road, Medina, is charged with: driving while intoxicated with a BAC of .18 percent or more; DWI; and speeding. Spilberg was arrested at 7:54 p.m. on Oct. 26 on North Lake Road in Bergen after a traffic stop for speeding. He was released on an appearance ticket and is due in Bergen Town Court on Nov. 6. The case was handled by Genesee County Sheriff's Deputy James Stack.

Cameron James Demaison, 23, of Trumbull Parkway, Batavia, is charged with aggravated driving while intoxicated and DWI. He was arrested at 9:32 p.m. Oct. 17 on North Street in Batavia following a traffic complaint. Demaison was released on appearance tickets and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jason Davis.

Joseph M. Dispenza, 46, of Maple Street, Batavia, is charged with aggravated driving while intoxicated and DWI. On Oct. 26, Batavia Police Officer Peter Post arrested Dispenza on the charges following an investigation into a one-vehicle accident involving a motorcycle on Bank Street in the city at 10:22 p.m. on Aug. 4. Dispenza was given uniform traffic tickets and is due in Batavia City Court on Nov. 6. Post was assisted by Officer Sean Wilson.

Brian Keith Dyer, 53, of North Street, Batavia, is charged with second-degree harassment. Dyer was arrested following an incident in which he allegedly pushed someone at 9:29 p.m. Oct. 22 on North Street in Batavia. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on Oct. 29. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Jason Davis.

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