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Le Roy man accused of failing to obey police orders after being spotted with gun near treatment plant

By Howard B. Owens

A 26-year-old Le Roy resident was arrested today after allegedly failing to obey a police officer's orders when he was spotted in the area of the Le Roy Sewage Treatment Plant on Red Mill Road.

Zachary R. Reed, of Britt Road, Le Roy, is charged with one count of obstructing governmental administration.

Police responded to the plant at 2:28 p.m. to investigate a report of a man with a long gun at the facility.

A person with a gun was spotted going into the nearby woods and the police officer reportedly ordered him to come out of the woods with his hands up. According to Le Roy PD, the person did not comply with the order.

Other law enforcement agencies were summoned for backup, a K-9 patrol responded, and a perimeter was set up.

During the search, police officers obtained Reed's mobile number and called him. He agreed to come out of the woods, meeting officers on North Street, but he didn't have his gun with him.

After a search, the gun, a .22-caliber rifle, was located in an area of tall weeds.

Assisting Le Roy PD were the Sheriff's Office and State Police.

Reed was issued an appearance ticket.

(initial report)

Law and Order: Covington teen charged with felony for allegedly damaging basketball backboard in Bergen

By Billie Owens

Blake Michael Toal, 18, of Old State Road, Covington, is charged with third degree criminal mischief. On Sept. 25, the Genesee County Sheriff's Office received a report of criminal mischief to a basketball backboard in the Village of Bergen Park. The deputy assigned to the Village of Bergen conducted a thorough investigation and numerous individuals were interviewed. The defendant was located and arrested and charged with the Class E felony. He was issued an appearance ticket and taken to jail for prints and photos. He is due in Town of Bergen Court at 3 p.m. on Wednesday, Oct. 19. The case was handled by Sheriff's Deputy Ryan DeLong.

Deputies investigation pair of overnight assaults in Byron and Bergen

By Howard B. Owens

Three people were assaulted in two separate incidents overnight in the Byron and Bergen areas, and both attacks may have been perpetrated by the same suspects, and those suspects may have been identified. 

The first attack was reported at 1:42 a.m. in the parking lot of Playmates in Byron. 

The victim was reportedly Elliot P. Arnold, 29. Investigators say he was jumped by two males and was left bleeding and semiconscious. He was transported to Strong with facial cuts and other injuries.

The second incident was reported at 1:52 a.m. at the 7-Eleven in Bergen. 

That incident is believed to have involved the same two suspects.

Attacked were Natalie M. Mazurzak, 18, and Zachary M. Bower, 20, who were punched several times by the suspects.

No information provided on a possible motive or if robbery was involved.

The investigation is ongoing and being handled by Deputy Howard Carlson, Deputy Ryan Young, Sgt. John Baiocco and the State Police.

Law and Order: Former resident of Le Roy and Pavilion area arrested for burglaries after lengthy investigation

By Billie Owens
park_thomas_amug.jpg
      Thomas A. Park

A five-month investigation into three residential burglaries in the West Main Street area of the Village of Le Roy concluded on Oct. 4 with the arrest of 48-year-old Thomas A. Park by the Le Roy Police Department. Park is from the Le Roy/Pavilion area but is currently living in the City of Rochester. It is alleged that during the months of April, May and June, Park unlawfully entered three different residences in Le Roy and stole items from each consisting of cash, jewelry and a crossbow. It is further alleged that Park then pawned some of the property in Batavia. Park was charged with three counts of burglary in the second degree, a Class C felony, and three counts of petit larceny, a Class A misdemeanor. Park was arraigned before the Le Roy Town Court and released RUS as he is being overseen by Genesee Justice and the Rochester City Drug Court. 

A 17-year-old who lives on Myrtle Street in Le Roy is charged with two counts of third-degree burglary. Following an investigation in the Town of Le Roy, it is alleged that at 12:45 p.m. on July 20 the defendant entered a garage in the 8000 block of Route 5, without the owner's consent, and stole a 17-caliber long gun. It is further alleged that on the same day, the defendant entered another garage in the vicinity on Route 5, without the owner's consent, and stole a pellet gun. The defendant was arraigned in Le Roy Town Court and released under supervision of Genesee Justice. The investigation was conducted by Sheriff's Deputy Andrew Hale and Investigator Bradley Mazur.

Dolores M. Urban, 50, of Goodrich Road, Clarence, is charged with first-degree aggravated unlicensed operator, a felony, misdemeanor DWI, misdemeanor aggravated DWI (with a BAC of .21 percent), and having an inadequate muffler. On Oct. 6 at 114 Route 77 in Corfu, Urban was stopped for having an inadequate muffler. According to the report of the Viilage of Corfu Police Department: "Upon activating patrols emergency lights to affect the stop, the driver pulled off the east shoulder of the roadway, striking the bridge over the creek." After interviewing Urban and having her perform field sobriety tests, she was arrested. She was released on appearance tickets and is due in Village Court on Oct. 24.

Dean D. Root, 35, of 40 Main St., Apt. # 2, Le Roy, was arrested on Oct. 7 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that on that day Root shoplifted an item from a pharmacy in the Village. Root was issued an appearance ticket and is to appear in the Le Roy Town Court on Oct. 17 to answer the charge.

Law and Order: Alexander mother charged after son comes home from school to find her allegedly OD'd on heroin

By Billie Owens

Jill Louise Hanlin, 39, of Alexander Road, Alexander, is charged with endangering the welfare of a child. On Oct. 4 at 2:30 p.m., while investigating an overdose, it was determined that the subject allegedly overdosed on heroin, had passed out, and had to be transported to UMMC. The subject was found by her son after he came home from school. The subject was the only adult home and was responsible for the care of her child. The subject was arrested, issued an appearance ticket for Alexander Town Court at 5 p.m. on Oct. 25. Medical staff on scene notified Child Protective Services. The case was handled by Sheriff's Deputy Kevin Forsyth, assisted by Sgt. Jason Saile.

Linda A. Kupka, 49, of 940 Hardy Road, Cadiz, Ky., is charged with: first-degree falsification of business records; second-degree endangering the welfare of a physically disabled person; willful violation of health laws; and physical abuse/neglect/mistreatment. The incident(s) allegedly occurred at 3 p.m. on Jan. 12 at the GC Nursing Home, 278 Bank St. in the City of Batavia. NYS Attorney General's Office requested assistance from City of Batavia Police Department in arresting Kupka, a previously employed healthcare worker at the Nursing Home. She was arraigned at 2 p.m. on Sept. 27 before City Court Judge Balbick and put in GC Jail in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Klimjack.

Robert M. Schryver, 53, of North Spruce Street, Batavia, is charged with forcible touching. He allegedly touched the intimate parts of another person without that person's consent at 5:45 p.m. on Sept. 28. He was arraigned and jailed in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Kilmjack.

Darleen Ann McComb, 58, of East Main Street, Batavia, is charged with second-degree harassment. At 7:05 p.m. on Oct. 3, Batavia Police were called the Emergency Room at UMMC after McComb, who was a patient, allegedly kicked a hospital employee. She was arrested and issued an appearance ticket for City Court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins.

Salvatore M. Schwable, 19, of South Pearl Street, Oakfield, is charged with: resisting arrest, second-degree obstruction of governmental administration; trespass; and unlawful possession of marijuana. The subject was arrest at 3:01 a.m. on Sept. 29 on Bank Street following an investigation into a trespass complaint on State Street a short time earlier. He was jailed on $2,500 cash bail and was due in City Court Sept. 29. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Darrin Mitchell Brown Sr., 27, of Platten Road, Albion, is charged with failure to obey a child support order, which was issued Aug. 2. The subject was turned over to the Genesee County Sheriff's Office on an arrest warrant out of Batavia Town Court after allegedly being involved in a larceny at Walmart in Orleans County. He was arraigned in Town of Batavia Court at 3:30 p.m. on Oct. 3 and put in jail in lieu of $1,000 cash or $2,000 bond. He was due in court on Oct. 4. The case was handled by Sheriff's Deputy Chris Parker.

Dawshawn A. Suber, 23, of East Main Street, Batavia, is charged with third-degree identity theft, third-degree forgery, and petit larceny. It is alleged that Suber stole a paycheck from a coworker at 5 p.m. on Sept. 16 and cashed the check at a local business. Suber was issued an appearance ticket and is due in City Court on Oct. 25. The case was handled by Batavia Police Officer Christopher Linsday, assisted by Officer Arick Perkins.

Annette Joy Waleski, 50, of South Pearl Street, Oakfield, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and unsafe tires. Waleski was arrested at 5:31 p.m. on Oct. 2 on Main Street in Oakfield after a motor-vehicle accident in the Village. She was released on appearance tickets for Oakfield Town Court on Nov. 14. The case was handled by Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Melynda M. Gayhart, 28, of North Avenue, Le Roy, is charged with: DWI -- common law; aggravated DWI with a BAC of .18 percent or greater; and failure to yield right-of-way on left turn. Batavia Police responded to Oak Street at 1 a.m. on Oct. 1 after receiving a complaint about erractic operation. Gayhard was arrested following a traffic stop, then released on appearance tickets for City Court on Oct. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Wojtaszczyk.

Katelyn L. Walsh, 21, of Redfield Parkway, Batavia, is charged with DWI -- common law, DWI with a BAC of .08 percent or more, and having no tail lamps. At about 2:26 a.m. on Sept. 25, Batavia Police conducted a traffic stop on a Jeep with no tail lamps on Main Street in the City of Batavia. Upon further investigation, Walsh was arrested for allegedly operating the vehicle while in an intoxicated condition. She is due in City Court on Oct. 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Joel Sebastian Puma, 41, of Walnut Street, Batavia, is charged with third-degree criminal mischief. At 10:35 p.m. on Sept. 27, Batavia Police responded to a residence on Walnut Street for the report of a male/female physical altercation. Following an investigation, it was revealed that during an argument, Joel Puma allegedly damaged the female's phone, which was valued greater than $250. He was arrested, arraigned and released on his own recognizance. He was due back in City Court on Sept. 28. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Mark E. Green, 34, of 75 Center Street, Warsaw, is charged with fourth-degree criminal mischief. He had an active arrest warrant out of Batavia City Court and was located at the old GC Courthouse and taken into custody. It is alleged that on June 25 Green removed a vehicle from a driveway on East Main Street in the City and in doing so caused damage to the driveway. He was arraigned and released on his own recognnizance and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Sgt. Matthew Lutey.

Jacqueline Michelle Bigelow, 51, of Prune Street, Batavia, is charge with dog running at large. At 11:18 a.m. on Oct. 4, Batavia Police responded to the area of South Spruce Street for the report of a large tan and black dog running loose. Police and Animal Control attempted to capture the dog for more than 30 minutes and found that the dog was owned by Bigelow. She was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by OfficerJames Sheflin.

Robert M. Freeman, 24, of State Street, Batavia, is charged with petit larceny. He allegedly stole a bottle of alcohol from a business on West Main Street in Batavia on Sept. 28. He was arrested at 3:24 p.m. on 8351 Lewiston Road. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Shane Zimblis, 45, of East Main Street, Le Roy, is charged with criminal mischief. Zimblis turned himself in at Batavia Police Headquarters on an arrest warrant out of Batavia City Court for a criminal mischief charge, which stemmed from an unspecified incident on West Main Street, Batavia, on Oct. 3. He was issued appearance ticket and was due in City Court Oct. 4. The case was handled by Batavia Police Officer Jason Davis.

Nathan Samuel Love, 23, of Montclair Avenue, is charged with failure to appear. He was arrested on an active bench warrant out of Batavia City Court for allegedly failing to appear for a court date. He was issued an appearance ticket and turned over to another jurisdiction on a warrant for a separate matter. He was due in City Court Oct. 5. The case was handled by Batavia Police Officer Chad Richards.

Attorney will seek probation for woman who went along with robbery attempt at smoke shop

By Howard B. Owens

A second person involved an attempted robbery of a smoke shop in May where the employees fought back and the suspects fled, leading to a regionwide manhunt, entered a felony guilty plea in County Court today.

Misty Dawn Souza, 26, of St. Johnsville, entered a guilty plea to the first count of a five-count grand jury indictment, for attempted robbery in the second degree.

Last week, Jeremy J. Reynolds, 34, of Johnstown, also accepted a plea deal.

The duo was arrested after the Genesee County Sheriff's Office sought leads on the suspects in a robbery of the Smoke Rings Smoke Shop on the Tonawanda Indian Reservation. The man and woman entered the shop with what appeared to be guns, but only the man tried to continue with the robbery after his partner fled. He was confronted by an employee he didn't initially know was in the store and briefly detained in a back room before managing to escape through a window, dangling from the window, held by one leg by an employee, for a time.

Without a plea agreement for Souza, the Class D violent felony carries a maximum penalty of seven years in prison. The plea deal caps Souza's possible sentence to three and a half years, provided she stays out of trouble between now and sentencing at 9:30 a.m., Jan. 4.

At sentencing, her attorney, Fred Rarick, will argue that Souza should receive a sentence of probation with no prison term. He said in court today that he believes he can make a convincing case.

As discussed in court today, and as Souza volunteered while sitting in a Town of Alabama courtroom following her arrest in May, Souza suffers from a series of mental health issues and is required to take multiple medications.

In court May 21, Souza was frazzled and disheveled and rambled on about her concerns, the crime itself and her mental health issues while sitting in court. She said she had been off her medication since prior to the robbery attempt. 

Today, in court, she was a different person -- calm, well-spoken and polite as she answered questions from Interim Judge Micheal Pietruszka.

These factors will be part of Rarick's attempt to help Souza avoid a prison term. 

Rarick will also need to make the case that the robbery attempt was really the idea of Reynolds and that Reynolds misled Souza into participating and that while she participated briefly, she fled the scene almost immediately.

Rarick will need to successfully argue that Souza does not present a danger to the community.

She has no prior criminal record -- in the Alabama court, she said she never even had a traffic ticket before. She also has no history of use or abuse of illicit drugs.

She also has five children.

Souza's mother was in court with her today. Rarick told Pietruszka that his client has been nothing but cooperative and timely in her communications and court appearances.

She is out of jail on $50,000 bond.

Pietruszka noted that it will be up to the new county judge, likely Charles Zambito, to decide on Souza's sentencing on Jan. 4.

Previously:

Law and Order: Pavilion man accused of stalking family in local stores

By Billie Owens

On Oct. 1, SP Batavia Troopers arrested William A. Lane Jr., 63, of Pavilion, and charged him with fourth-degree stalking.

The arrest came after Lane allegedly followed a family throughout local stores.

Lane was arraigned in the Town of Batavia Court and put in Genesee County Jail pending a future court date.



 

On Oct. 1, 2016 SP Batavia Troopers arrested Nathan Constantino, 20, of Batavia, for driving while ability impaired by drugs and for possession of marijuana. Following a traffic stop on Route 33 in the Town of Stafford, Constantino was allegedly found to be in possession of marijuana and failed field sobriety tests; he was subsequently arrested. Constantino was processed and released on appearance tickets returnable to the Town of Stafford Court.

Zachary M. Bower, 19, of Shady Lane, Batavia, is charged with unlawful possession of marijuana. The defendant was allegedly found in possession of marijuana while a deputy was investigating a suspicious vehicle near the Village of Bergen Park at 2:36 p.m. on Sept. 29. He was issued an appearance ticket returnable to Bergen Town Court on Nov. 2. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Michael Robert Simcick, 22, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was arrested after the strong odor of marijuana was allegedly detected emanating from his vehicle during a traffic stop at 5:44 p.m. on Oct. 3 on West Main Street in Le Roy. He is due in Le Roy Town Court on Oct. 20. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Alexander couple arrested after car accident in Village of Attica

By Billie Owens

From the Attica Police Department:

On Sept. 29, Officer Phillips of the Attica Police Department responded to a motor-vehicle accident at 4:47 p.m. on Market Street in the Village of Attica.

During the investigation of the accident, Victoria Bakos, 46, of Seward Road, Alexander, initially told the officer that she had been driving and was arrested for DWI. After further investigation it was determined Bakos was not the driver and was covering up for her boyfriend -- 44-year-old Robert Geandreau, also of Seward Road, Alexander, who had multiple DWIs in the past and a suspended driver's license.

Bakos was arrested for hindering prosecution in the third degree and Geandreau was arrested for DWI, first-degree aggravated unlicensed operation, operating a motor vehicle without an ignition interlock device, unlicensed operator, refusal to take breath test and fail to yield right of way. Bakos was issued an appearance ticket to appear in person at the Attica Village Court at 10 a.m. on Nov. 14.

Geandreau was put in Wyoming County Jail on $10,000 cash or $20,000 bond. He was to appear at the Attica Village Court at 10 a.m. this morning (Oct. 3). Officer Phillips was assisted by NYS Trooper Lunser and Officer Zufall from the Attica Police Department.

Grand Jury: Accused smoke shop robber indicted on five violent felonies

By Billie Owens

Misty Dawn Souza, AKA Misty Dawn Smith, is indicted for the crime attemped second-degree robbery, a Class D violent felony. She is accused of going into the Smoke Rings Smoke Shop, located at 449 Shanks Road, in the Town of Alabama, on May 20 with the intent of forcibly stealing property, engaging in conduct which "tended to effect the commission of such crime," while aided by another person who was present. In count two, she is accused of the same and in the comission of the crime or the flight from it, causing physical injury to a person who was not a participant in the crime. In count three, she is accused of the same, while displaying what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. In count four, she is accused of second-degree assault, a Class D violent felony, for intending to cause physical injury to another person, causing such injury to such person or to a third person by means of a dangerous instrument. In count five, she is accused of the same crime as in count four, and in the course of and futherance of the commission or attempted commission of a felony or the immediate flight thereafter causing phsical injury to a person other than one of the participants.

Patrick D. Neaverth is indicted for the crime of second-degree burglary, a Class C violent felony. He is accused of knowingly entering or remaining unlawfully in a house on Kingsbury Avenue in the City of Batavia on Aug. 13 with the intent to commit a crime therein. (In July, he was indicted for the same crime at the same location, which occurred in March.)

Law and Order: East Pembroke man accused of stealing money from his employer's cash register

By Billie Owens

Jason Eric Jones, 42, of Main Road, East Pembroke, is charged with petit larceny. Jones was arrested following the investigation into an employee theft at 9:34 p.m. on Sept. 23 on Main Road in East Pembroke. Jones allegedly stole money from the cash register at a business. He was arraigned in Pembroke Town Court and in to appear there again on Oct. 11. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Deputy Kyle Krzemien.

Nivek Quadir Tisdale, 19, of Albemarle Street, Rochester, is charged with trespass. Tisdale was arrested at 4:34 this morning (Oct. 1) on a bench warrant out of Town of Batavia Court for failure to appear. He was jailed on $250 cash bail or $2,000 bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor and Deputy Chad Cummings.

Robert Lawrence Drozdowski Sr., 34, Main St., Alexander, is charged with unlawful possession of marijuana. At 10:45 a.m. on Sept. 28, Sheriff's deputies responded to Drozdowski's residence for a report of a disturbance. After a brief investigation into the complaint, Drozdowski was allegedly found to be in possession of a glass smoking pipe containing burnt marijuana residue. He was issued an appearance ticket and is due in Town of Alexander Court on Oct. 11. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Kyle Krzemien.

Randolph Zickl given five years probation, ordered to pay $400 a month in restitution

By Billie Owens

Our news partner WBTA contributed to this story.

Prominent 81-year-old attorney Randolph Zickl was sentenced to five years probation in Genesee County Court today and ordered to pay $400 a month in restitution to his victim, the widow of a former client.

Zickl admitted stealing $75,398 dollars from the woman, who is "well into her 80s," and on June 24th he pled guilty to second-degree grand larceny, a Class-C felony punishable by up to 15 years in prison.

Prosecuting attorney Candice Vogel, an assistant DA in Erie County, said after today's proceedings: “The sentencing order was for five years probation. During that five years of probation the defendant was ordered to make restitution payments at the rate of $400 a month through the Probation Department here in Genesee County. He had already made a payment of $11,300 before we arrived here today.”

That leaves a remainder of $64,098 in restitution to be repaid to the victim. At the rate set today, she will not see the full restitution payment for approximately 14 years.

Zickl was once one of the most respected attorneys in the county, heading up the County’s Office of Legal Assistance. He also has two sons currently working in the Genesee County District Attorney’s Office.

One of Randolph Zickl’s defense attorneys said before sentencing that his client “feels horrible” about his crime; Zickl declined to speak before sentencing.

His defense also requested that he be given 60 days before continuing restitution payments as he has already paid a large sum of the amount and is currently living off of Social Security.

Presiding Judge James Bargnesi gave Zickl 30 days before the resumption of monthly restitution.

Vogel said that the perpetrator's age, the victim's age, the sizable amount of restitution paid to date and Zickl's assets and capability of paying the remaining amount all factored into the judge's decision to grant probation and determine the amount of monthly restitution. Vogel said the victim's family is aware of the terms and indicate they are comfortable with them.

Asked about the likelihood that the victim will live to reap the benefits of full restitution, Vogel said: "This is one of the biggest issues of financial exploitation of the elderly. It's kind of a race..." to try and prosecute such crimes and recoup what was stolen before the victim dies.

Vogel said, technically, if Randolph Zickl dies before he completes restitution, the balance will be the liability of his estate and its heirs.

Conspirator in massive credit card fraud scheme run in part out of Batavia home sentenced to federal prision

By Howard B. Owens

One of the six Cuban nationals who operated out of Batavia and Lockport to run a massive credit card fraud operation was sentenced today to 12 months in federal prison for his part in the scam.

Yasser Carrillo Chartrand, 24, who previously pled guilty to a charge of conspiracy to commit wire fraud, was also ordered to pay $13,786 in restitution. 

Previously convicted co-conspirators were Eduardo Hernandez Quinones, Claudia Diaz Diaz, Yaily Santurio Milian, Jose Valdivia Quinones and Misael Toledo Rios, all citizens of Cuba.

Chartrand and his cohorts acquired the credit card numbers of real people, including at least two Genesee County residents, from online databases of stolen data and by using card skimmers placed on gas station credit card readers. They then created new, authentic-looking credit cards, which they used in stores throughout the Western New York region.

Investigation of the case began with a complaint to State Police in Batavia of fraudulent credit card transactions. The case expanded from there to include law enforcement in other jurisdictions and federal investigators.

A home on Batavia-Oakfield Townline Road that was used as a base of operation by the group was raided in January 2015.

Previously: Group of Cubans running massive credit card fraud ring had base in Batavia

Disgraced Pavilion PTO treasurer sentenced after judge rejects plea deal

By Billie Owens

From our news partner WBTA:

Cynthia Eggleston told the judge she was “very, very, very regretful” for stealing more than $40,000 from Pavilion’s Parent Teacher Organization in Genesee County Court Tuesday morning. She was the PTA's treasurer.

Eggleston’s last appearance in court made news as Judge Michael Pietruszka rejected an agreement in which Eggleston would plead guilty to fourth-degree grand larceny and receive a probation only sentence after it was revealed she was accused of stealing from yet another organization.

Those allegations were never brought to fruition and no additional charges were filed.

However, Eggleston maintained her guilty plea and was sentenced to five years probation and four months of weekend work release in the County Jail.

State police arrest Alabama resident suspected in battery thefts

By Billie Owens

From our news partner WBTA:

State Troopers arrested 48-year-old Bart Towne, of Alleghany Road in Alabama, and charged him with two counts of felony grand larceny along with one count of petit larceny for allegedly stealing batteries in Batavia and Oakfield.

Towne was arrested just one day after the Genesee County Sheriff’s Office issued a press release asking for public assistance in identifying the party responsible for burglarizing batteries from several businesses in the county. 

There were more than a dozen "Type 31"batteries stolen from large vehicles and heavy equipment in Alexander, Alabama, Byron and Elba as well as Batavia and Oakfield. The batteries can cost up to $300 each.

Towne had only been out of prison for a year and has prior convictions of grand larceny, forgery and possession of stolen property from 2010.

Currently he has only been charged by State Police, however the Genesee County Sheriff’s Office is expected to also pursue charges. Towne was put in Genesee County Jail and the investigation remains ongoing.

Grand Jury indicts convicted sexual predator for failing to register new address on Gibson Street in Oakfield

By Billie Owens

Marlek E. Holmes, a convicted sex offender, is indicted for the crime of failure to register a change of address, a Class D felony. Holmes is accused of moving to 9 Gibson St. in the Town of Oakfield in March and failing to register his change of address with the NYS Division of Criminal Justice Services within 10 days as required by law. In Special Information filed in the indictment by District Attorney Lawrence Friedman, Holmes is accused of previously having been convicted of: (1) failing to report a change of address, a Class E felony, and (2) as a Level 3/Sexual Predator, failing to verify his address every 90 days, also a Class E felony, as required by law. The convictions were handed down on Dec. 5, 2011, in Genesee County Court.

Law and Order: Pair of teens arrested for allegedly stealing from department store

By Billie Owens

Craig None McKenzie Jr., 19, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Rahmel Hakeem Thompson, 18, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Man admits to burning cat to death

By Howard B. Owens

A 400 Towers resident admitted in County Court yesterday that he placed a live cat in his apartment's oven and baked it to death.

If the case had gone to trial 42-year-old Darren Annovi could have faced a maximum sentence of two years in county jail, but with the plea deal his sentence will be capped at five years probation and six months in jail.

He will be sentenced Nov. 29.

District Attorney Lawrence Friedman said he believed there was strong evidence against Annovi and that is presumably why he agreed to plead guilty, but he wouldn't discuss any possible statements Annovi may have made and didn't know why Annovi killed the cat.

"I don't think there is any rational explanation for why (he did it)," Friedman said.

Wendy Castleman, with Volunteers for Animals, who assisted in the investigation by paying for the cat's autopsy, said outside of court that she thought Annovi should be barred from ever owning pets again.

Friedman said he recommended to her that she contact the probation department prior to Annovi's sentencing and suggest that as a sentencing option, but that any such prohibition of pet ownership could not extend beyond the term of Annovi's probation.

Typically, county jail sentences can't be longer than a year; otherwise. inmates are sent to a state prison, but the Ag and Market Law this case was prosecuted under allows for a two-year maximum county sentence.

Annovi is out on bail of $5,000 bail.

Our news partner, WBTA, provided information for this story.

Bergen man accused of growing marijuana

By Howard B. Owens

A Bergen resident has been arrested on suspicion of operating an unlawful marijuana growing operation out of his home, according to the Sheriff's Office.

David M. Campuzano, 24, of South Lake Road, was jailed on $15,000 bail or $30,000 bond following his arrest and arraignment.

He is charged with criminal possession in the second degree, a Class D felony, unlicensed growing of cannabis, a Class A misdemeanor, and violation of a restricted driver's license.

Campuzano was arrested by members of the Local Drug Task Force following the execution of a search warrant on his home and car.

He was allegedly found in possession of a pound of marijuana, equipment used to grow marijuana and paraphernalia. He is also suspected of driving outside of restrictions on his license. 

The District Attorney's Office and uniformed deputies assisted in the investigation and arrest.

Law and Order: Attica teen arrested after investigation into fight on Trumbull Parkway

By Billie Owens

Dylan L. Snyder, 18, of Exchange Street, Attica, is charged with second-degree harassment. He was arrested on Sept. 26 following an investigation into a physical altercation which occurred at 5:20 p.m. Aug. 28 on Trumbull Parkway, Batavia. Snyder allegedly punched another individual. He was issued an appearance ticket for Oct. 4 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Cheryl M. Lyons, 50, of Tracy Avenue, Batavia, is charged with second degree harassment -- physical contact. At 4:45 a.m. on Sept. 24 she was arrested after allegedly shoving another family member during a domestic incident. She was arraigned in City Court and released on her own recognizance and was due in court on Sept. 26. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Jorge Rodriquez Martinez, 33, of Bank Street, Batavia, is charged with petit larceny and trespass. He was arrested at 1:32 a.m. on Sept. 20 after allegedly stealing a 30-pack of beer from a convenience store on East Main Street, Batavia. This allegedly occurred after he had been told he was not allowed on the property. Martinez was issued an appearance ticket this afternoon in City Court. He was subsequently transported and turned over to Gates PD on an outstanding warrant in their jurisdiction. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Eric Foels.

Stephen John Turkasz, 26, of Brookhaven Lane, Lancaster, is charged with fourth-degree criminal mischief. He was arrested at 8 p.m. on Sept. 23 after a domestic incident in which he allegedly kicked and damaged a small fence. He was taken to jail for prints and photographs and then issued a computer-generated appearance ticket for City Court on Oct. 4. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Frank Klimjack.

Patrick T. Vanbortle, 22, of Ellicott Street, Batavia, is charged with failure to appear after an appearance ticket was issued. He was found hiding in his basement and arrested at 12:35 a.m. on Sept. 24 on a Batavia City Court arrest warrant for failure to appear after an appearance ticket was served upon him for a separate charge on Sept. 11. He was released on an appearance ticket per Judge Balbick via a phone call at 1:25 a.m. on Sept. 24. Vanbortle is scheduled to be in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels.

Richard E. Stafford, 75, of Orange Grove Drive, Batavia, is charged with failure to appear. He was arrested at 1:29 p.m. on Sept 23 on a bench warrant for failure to appear in court on a charge of third-degree aggravated unlicensed operation. He was released on his own recognizance and is due in City Court on Oct. 22. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Kevin DeFelice.

Sheriff's Office investigating series of battery thefts

By Howard B. Owens

Somebody is stealing batteries from large trucks, buses, and heavy equipment and the Genesee County Sheriff's Office is looking for the public's help in identifying the culprit.

These are known as Type 31 batteries. They retail for as much as $300 and have resale and recycling value.

Investigators say the series of thefts seem confined to Genesee County, particularly in Elba, Oakfield, Batavia, Byron, Alabama and Alexander.

The Sheriff's Office has received more than a dozen complaints of such thefts, which occur overnight.

Anyone with information that may pertain to the case can call (585) 343-5000.

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