crime

Erika L. Brumsted, 24, of 5079 Batavia-Bethany Townline Road, East Bethany, and Steven C. Shaw, 24, of 2692 Dunham Road, Varysburg, are charged with petit larceny. Brumsted and Shaw are accused of shoplifting from Tops Market.

Terry David Czworka, 48, of Black St. Road, Pavilion, is charged with DWI, aggravated driving with a BAC of .18 or greater, failure to keep right, moved from lane unsafely, possession/consumption of alcohol in a motor vehicle. Czworka was stopped at 1:19 a.m., Saturday, on Asbury Road, Pavilion, by Sgt. Brian Frieday.

Timothy John Hagen, 27, of Walden Creek, Batavia, is charged with criminal contempt, 2nd. Hagen is accused of violating and order of protection.

Brian P. O'Grady, 46, of Lymon Road, Bergen, is charged with criminal contempt, 2nd. O'Grady is accused of violating an order of protection. O'Grady allegedly made several phone calls to his estranged wife that did not pertain to their child.

Robert K. Geandreau, 38, of 404 Ellicott St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right and consuming alcohol in a motor vehicle. Geandreau was stopped at 7:54 p.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Brenden M. Mullen, 26, of 11 Holmes Ave., Batavia, is charged with DWI, no inspection and refusal to take a breath test. Mullen was stopped at 2:38 a.m., Saturday, by Officer Eric Dibble.

A trailer owned by an ardent Jack Davis supporter in Darien that was badly damaged in a fire on May 9 is being investigated as an arson, according to Chief Deputy Jerome Brewster.

But the torching is not considered a political act, Brewster said.

It's probably related to an April 1 fire in an unoccupied fire at 9427 Alexander Road, Alexander.

In both cases, holes were found in the floors of the trailers, which is consistent with somebody setting a fire and using an accelerant.

In both cases, no other cause -- electrical, natural gas, lightning, etc. -- could be uncovered.

"When there's nothing there that is believed to have been able to cause it to catch fire, then we have to look at possible human involvement," Brewster said.

No suspects have been identified.  

Brewster said investigators have little to go on -- no gas can left behind with finger prints, no witnesses, no physical evidence.

"Bottom line, unless you have something that connects somebody to that fire, you’re stuck," Brewster said. "It's very difficult. Arsons are very difficult."

Brewster said investigators have been canvassing the neighborhoods looking for witnesses.

He said there's no indication the owner of either trailer had somebody motivated to damage their property for personal reasons.

The May 9 fire was at 11198 Tinkham Road, Darien. The property is owned by Charlie Flagg, a local artist who had planted 5,000 Jack Davis signs in his yard.

"When you have a structure that is not being used and all the sudden it catches on fire, all the sudden your eyebrows are going to go up," Brewster said.

Anybody with information that might assist in the investigation are asked to call the Sheriff's Office at 343-5000.

A reward offered for the arrest the person suspected of tagging downtown buildings won't be collected because none of the tips that led to the arrest of an Albion man came from people who seemed aware of the reward offer.

In fact, the primary witness in the case wasn't even somebody who came forward, according to Det. Todd Crossett.

Police found the witness through a tip from a community member and made the arrest after getting a statement from the witness, Crossett said.

Taken into custody Wednesday evening was Mark Shareiko Jr., 23, of 413 W. Bank St., Albion.

While Shareiko wasn't living in Batavia at the time of the alleged tagging, around Feb. 15, he was spending a lot of time in town at the time, according to Crossett.

While graffiti can be associated with gang members, Crossett said Shareiko has no known gang affiliation.

Ken Mistler, a downtown business owner who offered a $500 reward for information leading to the arrest and conviction of the tagger, said that even though no reward will be claimed, he's glad a suspect was caught.

"I'm glad to hear it," Mistler said. "It's too bad it didn't happen sooner."

Even though none of the community members who offered information in the case mentioned the reward, Crossett said, "I'm sure they would all be interested in the reward."

Mark Shareiko Jr., 23, of 413 W. Bank St., Albion, is charged with six counts of making graffiti. Shareiko was taken into custody Wednesday and accused of tagging several downtown businesses on Feb. 15. Det. Todd Crossett requests any other downtown business owners who wish to press charges call him at 345-6353.

Francis Carr, 50, of Washington Avenue, Batavia, is charged with obstructing governmental administration. Carr was also arrested on a parole warrant. NYS Parole officers located Carr on Washington Avenue near Willow Street and allegedly observed Carr flee into a residence on Washington Avenue. Batavia PD and Deputy Chris Parker responded. As Parker arrived on scene, he observed the suspect attempting to exit from a second story window. Parker established a perimeter with the assistance of Officer Jay Andrews. After an extensive search of the residence by parole officers and Lt. Eugene Jankowski, Det. Todd Crossett and Det. Kevin Czora, Carr was located by Officer Dan Coffey hiding underneath the porch. Carr was jailed without bail.

Gregory Joseph Warfle, 41, of Chapel Street, lower, Elba, is charged with assault, 3rd, and endangering the welfare of a child. Warfle is accused of striking his 15-year-old son several times in the face with his open hand during a domestic dispute. The alleged incident took place in the presence of his 8-year-old daughter. Warfle was jailed on $1,000 bail.

A 16-year-old resident of Transit Road, Elba, is charged with harassment, 2nd. The youth allegedly threw a pair of glasses at another male striking that person on the side of the neck during an argument. 

John Terry Boyce Jr., 22, of Maple Avenue, Oakfield, is charged with criminal contempt, 2nd. Boyce is accused of sending text messages to his estranged girlfriend in violation of an order of protection.

Justin Robert Dunn, 20, of Indian Falls Road, Akron, and Jennifer Marie Dauer, 36, of North Lake Street, Bergen, are charged with nine counts of grand larceny, 4th, and petit larceny. Dunn and Dauer are accused of purse snatching at 4133 Veterans Memorial Drive at 2:30 p.m., May 12. For Dunn, bail was set at $10,000 and bail for Dauer was set at $5,000.

A Level 3 sex offender accused of sexually abusing a child under 11, less than four months after being released from prison, turned down a plea offer today that would have given him the minimum sentence available under statute.

Ronald Smith, 18, last of 679 E. Main St., Batavia, turned down both plea offers.

Smith is charged with three counts of sexual abuse and failure to register a change of address.

The two sets of charges have been separated and today was the plea cutoff for the failure to register charge.

By turning down the plea offer, Smith will go to trial on the failure to register charge on June 20.

The offer was for one-and-a-half to two years in state prison on the failure to register charge and five years minimum on the sex abuse charges with the sentences served concurrently.

After Smith's attorney, Public Defender Gary Horton, told District Attorney Lawrence Friedman that Smith wouldn't accept the offer, Friedman offered one-and-half to three years on the failure to register charge.

Today, Smith turned down that offer with an admonishment from Judge Robert Noonan that once he walked out of the court there would be no second chance to accept the offer. His case would proceed to trial.

No court date has been set yet for the sexual abuse charges.

• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender out of prison less than four months before new allegation
• Grand Jury Report: Level 3 sex offender indicted on new charges
• Level 3 offender pleads not guilty to new abuse charges

A Le Roy resident caught dealing methamphetamine from his home during a multi-agency law enforcement investigation will spend 210 months in a federal penitentiary.

Donald G. Vanelli II, 48, was sentenced to 17-and-a-half years in a Rochester federal court today.

Vanelli had previous entered a guilty plea to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine.

Documents released by federal authorities at the time of his arrest indicated that Vanelli, president of the Road Agents Motorcycle Club, was head of a meth ring involved in acquiring meth in Monroe County and distributing in Genesee County.

The operation, headed by the FBI with assistance for the Local Drug Enforcement Task Force, included wiretaps and a video camera positioned on a pole near his house and well as the use of an informant.

As a result of the investigation, authorities concluded that Vanelli obtained between five and 15 kilograms of methamphetamine from drug suppliers.

Arrested the same day -- July 13, 2010 -- as Vanelli were David H. Cohen, 49, of 918 Goodman St., Rochester, Donna L. Boon (aka Donna McAuley), 44, of 3658 Batavia-Oakfield Townline Road; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom.

The cases against the other defendants are still pending.

In late April, Boon's husband, James Henry McAuley Jr. (aka "Mitch"), 62, was accused by federal authorities of being a leader in the Rochester Hells Angels and charged with racketeering.

A Batavia man is accused of entering the home of a friend on Washington Avenue and trying to steal booze, and when confronted, the man allegedly returned to the house with a shotgun.

Taken into custody early Sunday morning was Andrew J. Rock, 24, of 206 State St. Batavia.

Rock is charged with burglary, 2nd, criminal possession of a weapon, criminal criminal use of a firearm, 2nd, and menacing, 2nd.

According to Batavia police, Rock entered the home on Washington Avenue, took alcohol and then was confronted by the resident outside. The resident retrieved his property.

A short time later, a little before 1 a.m., Rock allegedly returned to the residence and knocked on the door and when the resident opened the door, Rock was standing on the porch holding a shotgun.

Rock fled the scene before police arrived and was arrested at his house soon afterward.

He was jailed without bail.

Eric J. Bratcher, 22, of North Street, Le Roy, is charged with disorderly conduct. Bratcher is accused of shouting numerous profanities while outside a residence. At the time, there were many other individuals, according to Le Roy police, who were capable of overhearing the vulgar language Bratcher was allegedly using.

Ryan Thomas Covell, 20, of Polish Place, Buffalo, is charged with unlawful possession of marijuana. Covell was allegedly found in possession of a partially smoked marijuana blunt during a traffic stop on Route 63 in Pavilion at 11:35 p.m., Friday, by Deputy Chad Minuto.

Kenyon Hanks Barnes, 26, of Clinton Street, Batavia, and Lisa Marie Horn, 21, of Clinton Street, Batavia, are charged with endangering the welfare of a child and unlawfully dealing with a child. Barnes and Horn are accused of providing alcohol to a 17-year-old girl while at their residence, 5100 Clinton St., Lot #4.

Stephany Marie Demorcy, 21, of East 161 St., Bronx, is charged with petit larceny. Demorcy is accused of shoplifting at Walmart.

Mazariegos Rene Roblero, 26, of McGregor Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights, unlicensed driver and unsafe tire. Roblero was stopped at 2:20 a.m., Saturday, on Main Street, Village of Oakfield, by Deputy Patrick Reeves.

Timothy Wood, 22, of North Spruce Street, Batavia, is charged with harassment, 2nd. Wood is accused of threatening to harm a woman.

Woodrow C. Horseman, 35, no permanent address, is charged with petit larceny. Horseman is accused of shoplifting from the Wilson Farms on East Main Street, Batavia. He was jailed on $2,500 bail.

State troopers are converging on the Pawn King shop at 4140 Veterans Memorial Drive in Batavia following a report of a customer threatening the cashier. Allegedly, the cashier displayed a weapon to the person to abate the threat.

Press release from Batavia Police Department:

The Batavia Police Department is investigating the larceny of several credit cards from the Dollar Tree located on West Main Street on April 20th. One of the cards was then used at another business in the area.

If anyone recognizes the subjects in the photos, or has any information related to this case, please contact Det. Kevin Czora at 585-345-6311.  Information may also be left on the police department’s Confidential Tip Line at 585-345-6370.

Shyqwan D. Foster, 20, of 188 Elmdorf Ave., Rochester, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and moving from lane unsafely. Foster was stopped at 3:21 a.m. on West Main Street by Officer Darryl Streeter.

Ryan Charles Bishop, 20, of 9 Lathrop Ave., Le Roy, is charged with DWI and aggravated driving with a BAC of .18 or greater. Bishop was stopped Friday morning in the Village of Le Roy by Le Roy Police.

Lakeshia Marie Pratt, 20, of Hazlewood Terrace, Rochester, is charged with petit larceny. Pratt is accused of shoplifting from Kmart.

Nadine Marie McClurg, 24, of Dewey Avenue, Batavia, is charged with petit larceny and unlawful possession of marijuana. McClurg is accused of shoplifting from Kmart. During her arrest, she was allegedly found in possession of marijuana.

Brianna Marie Kruppenbacher, 19, of Hutton Road, Oakfield, is charged with petit larceny. Kruppenbacher is accused of shoplifting from Kmart.

Ronald M. Gervase, 66, of 242 N. Spruce St., Batavia, is charged with DWI, aggravated DWI and improper turn. Gervase was stopped on Swan Street at 5 p.m., Wednesday, by Officer Chris Camp.

Robert G. Whitehead, 20, of 143 Walnut St., Batavia, is charged with harassment, 2nd. Whitehead is accused of harassing an acquaintance. He posted $100 bail.

James D. Qutermous, 52, of 9484 Putnam Road, Batavia, is charged with grand larceny, 4th. Qutermous is accused of accepting a $1,500 down payment to paint a house in Le Roy, and cashing the check, but never returning to start the work or return the money.

Troy Anthony Hokenson, 42, of Wood Street, Batavia, is charged with petit larceny. Hokenson is accused of stealing $49.11 worth of merchandise from Kmart.

Rachellyn G. Burek, 29, of 4131 Broadway Road, Apt. #4, Darien, is charged with identity theft in the third degree. Burek is accused of using the identity of another person from December 2006 to August 2007 to obtain service from Time Warner Cable. Burek allegedly received more than $900 in services. The case was investigated by Det. Pat Corona, Batavia PD.

Kelly J. McMurty, 34, of Benedict Street, Perry, and Linda L. McMurty, 55, of Embury Avenue, Silver Lake, are each charged with petit larceny. The women are accused of stuffing clothing items in their purses and then walking past the last point of purchase without paying for the items. 

Edward S. Wiosinski, 60, of 1364 Rush Henrietta Townline Road, Rush, is charged with aggravated harassment, 2nd. Wioskinski was arrested by Le Roy Police for allegedly harassing another person.

A Le Roy mother accused of stealing $6,200 from a nursery school where she served as treasurer will spend five years on probation, Judge Robert C. Noonan ruled this morning.

Jennifer M. Riggi, 29, of 47 Lake St., Le Roy, will also serve on community work details each weekend for the next two months.

Riggi, speaking hoarsely and softly, said in halting sentences, "I admit it was wrong. I feel awful that it happened. It's a mistake I made."

On Feb. 27, Riggi plead guilty to grand larceny, 4th. As part of her plea deal, she was required to make restitution prior to sentencing, which she did.

Meg Roberts, president of the board of directors for the school, said Riggi's actions were harmful to the school.

"We trusted you to help run the school for our children and your children as well," Roberts said. "You completely misled us that you had the best interest of the children at heart.

"You had direct knowledge about how misappropriating funds would hurt the school and our ability to pay our teachers. I never would have expected another mother to steal from our school."

Noonan said he really didn't understand Riggi's motivation.

"When I read the presentence investigation on somebody who violated the trust of an institution or organization that vested them with (financial responsibility), I'm really trying to look for a reason why," Noonan said.

"Some would do it often times because of drug or other substance abuse issues. Sometimes it's a gambling problem. Sometimes it's a drastic change in financial circumstances. Often times people say, as you did, that they intended at the time to return what they took and just got in over their heads.

"But with a spouse who has adequate income so that you're not forced into the position where you must steal to feed your children, it does suggest a real character flaw. That is something you are going to have to deal with, not just for the period of probation term, but for the rest of your life.

"What could make you feel that you could go and take money just because it was available to you, I don't understand," Noonan concluded. "It's not my job to understand it. It's just a curiosity to me."

Michelle DiFalco, 22, no permanent address, is charged with unlawful imprisonment, 1st, reckless endangerment, 1st, strangulation, 2nd and criminal mischief, 4th. DiFalco is accused of being involved in an incident at 3 a.m., Saturday, in which she allegedly damaged personal property, choked another person and would not allow that person to leave the residence. DiFalco was jailed without bail.

A 16-year-old from Wyoming Road, Wyoming, is charged with unlawful possession of marijuana. The youth, a student at Pavilion High School, was found allegedly in possession of marijuana while in the school.

David Walter Cook, 46, of Lockport Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Cook was stopped on Maltby Road, Elba, at 1:55 a.m., Saturday, by Deputy Jason Saile.

Ryan Eugene Davis, 27, of Mashall Road, Medina, is charged with felony DWI, aggravated driving with a BAC of .18 or greater, felony aggravated unlicensed operation, 1st, driving without an interlock ignition. Davis was stopped at 3:48 p.m., Friday, on Park Road, by Sgt. Thomas Sanfratello. Davis was allegedly driving an other person's car without the owner's permission. He was jailed on $15,000 bail.

Martin F. Jones, 40, of 4036 W. Main St. Road, Batavia, is charged with petit larceny. Jones is accused of stealing beer from Hess Mart at 12:30 a.m., Sunday. Following a complaint, Officer Frank Klimjack reportedly located Jones walking on West Main with beer in his possession.

Trevor M. Rich, 30, of 8943 Creek Road, Batavia, is charged with aggravated harassment and criminal contempt. Rich is accused of sending annoying text messages to a person in violation of an order of protection. Rich was jailed on $1,000 bail.

Dashawn A. Butler, 30, of Batavia, is charged with four counts of acting in a manner injurious to a child less than 17 years old. Butler was arrested by State Police and jailed on $5,000 bail. No further details released.

Jodi L. Teed, 43, of 6785 Creek Road, Mt. Morris, is charged with operating a vehicle while impaired by drugs, unlawful possession of marijuana and inadequate headlights. Teed was stopped at 10:24 p.m., Saturday, on South Jackson Street, Batavia, by Officer Matt Fleming.

A report of an allegedly intoxicated man with a child at Walmart at 9:43 p.m., Friday, led to a traffic stop and the arrest of Cody A. Bush, of Bank Street, Batavia.

Bush, 25, was charged with felony driving while ability impaired by drugs, felony aggravated DWI with a child in the car (Leandra's Law), felony aggravated unlicensed operation, four counts criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

The child allegedly in the car is 2 years old.

He was allegedly in possession of four different types of controlled substances.

Bush was also charged with driving left of pavement markings, unsafe tires, uninspected motor vehicle and unlicensed operation.

Following arraignment before Justice Thomas Williams, Town of Batavia Court, Bush was jailed on $15,000 bail.

Just after midnight, a Kentucky man allegedly punched somebody in the face while on Main Street, Batavia, and took his wallet.

Officer Frank Klimjack was on patrol on Main Street when the incident occurred and immediately apprehended the suspect before the crime was even reported to the dispatch center.

Charged with robbery, 2nd, and assault, 2nd, was Patrick J. Ettleman, 43, of 1218 West Oak St., Louisville, Ky.

Ettleman was jailed without bail.

Luz J. Castro, 27, of 679 E. Main St., Batavia, is charged with theft of services. Castro was arrested following a complaint by Time Warner Cable.

Rebecca S. Hensel, 28, of 8311 Kelsey Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hensel was stopped at 1:03 a.m. on West Main Street in the area of Bogue Avenue for allegedly going 50 mph by Officer Darryle Streeter.

Robert C. Paris, 21, of 3469 W. Main St. Road, Batavia, is charged with harassment, 2nd. Paris is accused of harassing an acquaintance.

A 17-year-old resident of 41 S. Pearl St., Apt. 1, Oakfield, is charged with falsely reporting an incident, 3rd. The youth is accused of contacting the Genesee County Sheriff's Office on April 13 saying she was a victim of a crime. The reported incident allegedly did not occur.

A level 3 sex offender is in jail after being accused of sending indecent text messages to a minor and of not properly reporting a change of address.

Held on $50,000 bail is Marlek E. Holmes, 37, of 103 W. Main St., Batavia.

Holmes is charged with disseminating indecent material to a minor, endangering the welfare of a child and sex offender failure to notify change of address within 10 days.

The text messages were reported to Batavia Police on Feb. 19. That case was investigated by Det. Todd Crossett.

Det. Charles Dudek conducted the investigation into Holmes' residency.

Le Roy Police assisted in the investigations.