crime

Christopher James Borsella, 23, of Beaver Street, Thorold, Ontario, Canada, is charged with driving while intoxicated and aggravated driving while intoxicated -- with a BAC of .18 percent or higher. On Sept. 23, Borsella was arrested following a driving complaint at 11:46 p.m. on Sept. 22 at Darien Lake Theme Park, 9993 Alleghany Road, Darien. Borsella allegedly was driving in the parking lot and almost struck several pedestrians. He was issued an appearance ticket for Darien Town Court on Oct. 18. The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Joseph R. Powell,  29, of Rochester,  was arrested by State Troopers in Batavia for driving while intoxicated following a traffic stop on Route 33 in the Town of Batavia. He allegedy crossed the pavement markings into oncoming traffic. Powell was transported to the Batavia barracks where he allegedly submitted to a positive breath test resulting in a BAC of .10-percent. Powell was processed for DWI and released with traffic tickets returnable to the Town of Batavia Court on a later date.

Thomas Joseph Gravanda Jr., 23, of Holley Street, Brockport, is charged with unlawful possession of marijuana and speed in excess of 55 MPH. Following a traffic stop at 8 a.m. on Sept. 22 on Clinton Street Road, Stafford, Gravanda was found to allegedly be in possession of marijuana. He was arrested for that and also cited for speeding. He is due in Stafford Town Court on Oct. 20. The case was handled by Sheriff's Deputy Eric Meyer.

The following arrests were made by the Sheriff's Office during the Jason Aldean concert at Darien Lake on Thursday:

Ashley M. Riber, 23, of Walnut Street, Perry, is charged with unlawful possession of marijuana.

Sydney A. Wilson, 18, of Eastham Court, Webster, is charged with unlawful possession of marijuana.

Steven M. Campbell Jr., 29, of Walnut Street, Perry, is charged with trespass for allegedly entering the concert venue after being ejected and told not to return.

Daniel A. Carnes, 69, of Story Road, Dansville, is charged with third-degree criminal mischief. He was arrested at 3:32 p.m. on Aug. 8 after he allegedly damaged a car intentionally by scratching it in the Batavia Downs parking lot, causing in excess of $2,000 worth of damage. The alleged incident stems from a dispute over a parking spot. He was issued an appearance ticket for Town of Batavia Court and is due there at 1 p.m. on Thursday, Oct. 20. The case was handled by Sheriff's Deputy Christopher Erion.

Bonnie Louise Cortright, 29, of Summit Street, Batavia, was arrested on Sept. 20 on a bench warrant for failure to appear after she was located hiding in an attic under a rug. She was arraigned in City Court and jailed in lieu of $100,000. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

Eric M. Smith, 30, of Iroquois Road, Caledonia, was turned over to Batavia PD by Gates PD and arrested on bench warrants from Batavia City Court. He was jailed in lieu of $20,000 bail or $40,000 bond. The warrants stem from an unspecified incident at 1:30 p.m. at 207 Ross St. in Batavia. Smith was due in City Court today (Sept. 22). The case was handled by Batavia Police Officer Stephen Cronmiller.

Daniel Harold Mooney Jr., 30, of Cone Street, Batavia, is charged with petit larceny. He was arrested at 3:37 p.m. on Sept. 21 on Veterans Memorial Drive following an incident wherein Mooney allegedly stole merchandise from a local retail store. He is due in Batavia Town Court on Sept. 27. The case was handled by Sheriff's Deputy Michael Lute.

Nathen Edward Donald Brege, 24, of South Main Street, Batavia, was taken into custody while incarcerated at the Orleans County Jail on a bench warrant issued by Batavia City Court. After consulting with the judge, Brege was issued an appearance ticket and is due back in court Sept. 28. The warrant stems from an unspecified incident on April 5 on West Main Street in Batavia. The case was handled by Sheriff's Deputy Arick Perkins.

Lily has been granted clemency, at least for now.

Public Defender Jerry Ader, attorney David Fitch, representing the city, and City Court Judge Durin Rogers held meetings over the past two days and came to an agreement that will spare Lily her life, potentially, while the conviction of Duty Caswell for harboring a vicious dog will stand.

As part of the agreement, Ader withdraws his motion challenging Caswell's conviction and will file a new motion to vacate the sentence. That should happen in about two weeks.

In the meantime, Fitch must find a dog behavioral specialist who can certify that Lily is redeemable.

Rogers issued an order in May to have Lily put down as a vicious dog because of an incident on Hutchins Place on March 7 where she bit a 13-year-old boy.

She didn't help her case when she bit the Sheriff's K-9 deputy.

But folks at the Animal Shelter believe Lily is worth saving and rallied to her cause. They secured space for her with the Kramer Foundation, which specializes in rehabilitating dogs declared vicious and slated for euthanasia. 

Previous: Lily's fate hangs in the balance as City Court judge set to hear appeal tomorrow

Lily, who likes to chase bubbles, has her life on the line.

In May, Judge Durin Rogers declared Lily a vicious dog and ordered her destroyed within 30 days.

Lily has had a stay of execution, so to speak, as volunteers and others have taken up Lily's cause, and the cause of her previous owner, Duty Caswell, to try and save her life.

Caswell has already surrendered ownership of Lily, and the Kramer Foundation, which specializes in rehabilitating dogs deemed vicious, has written to Rogers and confirmed an interest in obtaining Lily.

Lily's fate may rest on a hearing in City Court tomorrow (Thursday) on an appeal of Caswell's conviction of harboring a vicious dog.

The appeal was written by Public Defender Jerry Ader who stepped in after Caswell's conviction.

Ader's appeal rests on two primary points:

• Caswell was not represented by counsel. He was not granted assigned counsel and did not hire his own attorney.
• Caswell was convicted under Batavia's Municipal Law. A case in 2010 overturned a similar conviction because that local law, in Nassau County, was deemed void by conflicting with state law. Under state law, Lily would not be considered a candidate for euthanasia. 

Lily was taken into Animal Control custody on March 7 after she bit a 13-year-old boy on Hutchins Place while keeping a frightened woman pinned down as she screamed and Lily circled her.

At Caswell's hearing, the prosecution called three witnesses and Caswell produced no witnesses or testimony on his behalf. Rogers issued his decision after a short recess.

At some point, K-9 Deputy Chris Erion was called in to evaluate Lily. Lily bit him.

Erion confirmed he was bitten (his duty pants have a small tear, but he wasn't hurt) and said that Lily, with her current behavior, wouldn't be a good candidate as a family dog or a police dog. 

Volunteers with Volunteers for Animals believe that with proper training and socialization, she is redeemable. She is high energy and can't be trusted unsupervised, but they said she's fine when given a job to do, such as chase bubbles.

"Having a young, high-strung dog is difficult for anybody," said one volunteer. "Give her something to do and she's fine."

Another person at the shelter said, "With proper exercise and mental stimulation she is fine."

Erion, among others, said it was later learned that Lily may have given birth to a puppy prior to the March 7 incident, and her puppy was taken away from her. That would typically cause behavioral issues, both folks at the shelter and Erion said.

The hearing is tomorrow at 1:15 p.m.

File photo from March 7. The gentleman with Lily is a friend of Caswell's.

Holden W. Byer, 25, of East Main Street, Batavia, is charged with: unlawful possession of marijuana; second-degree obstruction of government administration; resisting arrest; and criminal mischief in the fourth degree. He was arrested at 8:42 p.m. on Sept. 10 on East Main Street in Batavia following a "check-the-welfare" complaint. While being interviewed by police, Byer allegedly attempted to run from police and resisted arrest by pushing and punching police while thrashing about. He was taken to UMMC for a medical evaluation and while in the emergency room he allegedly caused damage to a wall by punching, kicking and slamming furniture into it. He was jailed on $1,000 bail and was due in City Court on Sept. 12. The case was handled by Batavia Police Officers Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher J. Rockefeller, 35, of North Spruce Street, Batavia, is charged with second-degree assault with a dangerous instrument. He allegedly struck a female in the face with a fan at 9:45 p.m. on Sept. 17 on North Spruce Street. He was arrested, arraigned in City Court and jailed without bail. He was due in court Monday (Sept. 19). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Cirlio Martinez-Jose, 29, of Federal Road, Piffard, is charged with second-degree harassment and criminal obstruction of breathing or circulation. He was arrested at midnight on Sept. 18 following a domestic incident at an apartment on Maple Street in Batavia wherein he allegedly pushed and grabbed the victim by the neck and obstructed her breath. He was jailed on $2,500 cash bail or bond. He was due in City Court on Sept. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, is charged with second-degree harassment and thrid-degree menacing. Bartz was arrested at 5:20 p.m. on Aug. 28 on Trumbull Parkway following a physical altercation in which he allegedly physically menaced and attempted to punch another male. He was issued an appearance ticket and is due in City Court on Sept. 27. The case was handled by Batavia Police Officer Arick Perkins.

Keanon S. Williams, 39, of West Main Street, Batavia, is charged with two counts of second-degree criminal contempt. He was arrested on Sept. 18 following an investigation into two incidents in Batavia wherein Williams allegedly violated an order of protection by contacting the protected party. The first incident occured at 4:38 p.m. on Sept. 1 on Harvester Avenue. The second incident occured at 2 p.m. on Sept. 7 on West Main Street. He was arraigned in City Court, then jailed in lieu of $2,500 bail. He was due in court Sept. 19. The cases were handled by Batavia Police Officer Stephen Cronmiller.

Kamre H. Green, 18, of Elm Street, Batavia, is charged with: driving while intoxicated; reckless driving; unauthorized use of a vehicle; unlicensed operator; and following too closely.  Green was arrested at 1:22 p.m. Sept. 13 on Oak Street after allegedly operating a motor vehicle, which he did not have permission to take or use, while intoxicated. Green struck a motor coach bus which was stopped in traffic after making an unsafe U-turn and traveling at an excessive speed, according to the police report. A small amount of marijuana was also allegedly found in the vehicle. Green was arraigned in City Court and jailed in lieu of $1,000 bail. He was due back in court on Sept. 15. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey. 

Randall James Draper, 30, of Adeline Road, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and operating a motor vehicle with an insufficient exhaust. Draper was arrested at 8:45 p.m. on Route 77 in the Town of Pembroke following a traffic stop. He was arraigned in Town of Pembroke Court and jailed in lieu of $1,500 cash bail. The case was handled by Sheriff's Deputy Eric Meyer.

Bryan D. Bates, 37, of Mill Street, Batavia, was arrested Sept. 19 on a bench warrant out of Batavia City Court for failure to appear. He was arraigned in City Court then released. He is set to return on Sept. 22. The warrant stems from an unspecified incident which occurred at 1:47 a.m. on Nov. 9, 2014. The case was handled by Batavia Police Officer Jamie Givens.

Tyler A. Stoddard, 21, of Meiser Road, Corfu, is charged with failure to appear. He was arrested this morning on a warrant out of Batavia City Court. He was issued an appearance ticket for City Court and released. The charge stems from an unspecified incident which occurred at 8:05 p.m. on July 16 at 300 Ellicott St. in Batavia. The case was handled by Batavia Police Officer Stephen Cronmiller.

Press release from Village of Le Roy Police Department:

A call from an alert citizen Monday morning (Sept.19) assisted police in catching two subjects who allegedly went on a crime spree in the Village, allegedly damaging numerous vehicles.

Robert W. Devos, 28, of 66 Lake St. in Le Roy, and 27-year old Katrina M. Klaich, of 47 Spring St. in Lackawanna, are each charged with one count of felony criminal mischief in the second degree.

It is alleged that Devos and Klaich did damage to the rear windows of three vehicles and damage to the trunk of another vehicle that were parked on village streets.  In addition, Klaich was charged with DWI, DWI -- BAC .08 percent or more, and driving an uninspected vehicle. 

Both subjects were arraigned in the Town of Le Roy Court by the Hon. Darryl Sehm. Klaich was put in Genesee County Jail in lieu of $5,000 cash bail and Devos was  jailed without bail. Both subjects are due back in Court at 1 p.m. on Oct.27^th.

Also assisting with the investigation was the Genesee County Sheriff’s Department.

William Glenn Walters, 37, of Wolcott Street, Le Roy, is charged with disobeying a court mandate. Walters was arrested at 6:37 p.m. on Sept. 19 following a domestic incident on Warsaw Road in the Town of Le Roy. Walters allegedly violated a Family Court stay away order of protection. He was released on an appearance ticket returnable to Town of Le Roy Court on Oct. 17. The case was handled by Sheriff's Deputy Michael Lute.

Amber Meadows, 25, of Canandaigua, was arrested on Sept. 16 by SP Batavia Troopers on a warrant issued by the Town of Batavia Court for petit larceny. She is accused of stealing $638 worth of merchandise from the Target store in Batavia on Aug. 8. Meadows was arraigned in the Town of Batavia Court and released with a return court date. Troopers then turned Meadows over to the Ontario County Sheriffs Office where she was wanted on another warrant.

A caller reports a fight just breaking up on Highland Park, Batavia.

Eight to nine people were reportedly involved.

There is a report of a possible injury.

Police are responding.

One person who ran from the scene has been identified by a witness.

UPDATE 11:18 a.m.: Police transmissions have gone encrypted.

Matthew Arthur Harder, 19, of Geddes Street, Holley, is charged with fourth degree criminal mischief. Harder was arrested following an investigation into damaged property in the parking lot of Genesee Community College at 9:15 a.m. on Sept. 9. He was arraigned on Sept. 15 in Town of Batavia Court and is to appear there at a later date. He was also issued an Order of Protection to stay away from the victim whose property was damaged. The case was handled by Sheriff's Deputy Ryan DeLong.

Richard Todd Harter, 40, of Townline Road, Byron, is charged with second-degree harassment. On Sept. 15, Harter was arrested on a bench warrant for the charge, out of Holley, and turned over to Holley PD. The case was handled by Sheriff's Deputy Chad Cummings.

Julie L. Dutton was indicted Sept. 14 for the crime of fourth-degree grand larceny, a Class E felony. She is accused of stealing U.S. currency having a value in excess of $1,000 on April 21. 

Elizabeth Michelle Grattan, 26, of Wood Street, Batavia, is charged with unauthorized use of a motor vehicle in the third degree, leaving the scene of a property damage accident and unsafe backing. Grattan was arrested on a warrant after being located at a residence in the City of Batavia by Genesee County Probation. An arrest warrant was issued by the Town of Alabama Court to answer the charges stemming from an incident at 1 a.m. on Aug. 1 on Judge Road. She was arraigned  Sept. 14 in Town of Oakfield Court and put in jail on $500 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

City police are responding to an apartment in the 100 block of South Main Street for the larceny "... of cigarettes."

Andrew C. Webster, 23, of Martin Road, Akron, is charged with fourth-degree criminal mischief and second-degree harassment. Webster was arrested at 7:30 p.m. on Sept. 10 on West Main Street Road, Batavia, after allegedly punching and pushing a female acquaintance and damaging her property. He was arraigned in Town of Batavia Court and released on his own recognizance. The judge issued an order of protection and Webster is to have no contact with the alleged victim. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Christopher Erion.

Brittanee Justine Hooten, 27, of Gibson Street, Oakfield, is charged with second-degree harassment. She was arrested following the investigation into a domestic incident that occurred on Gibson Street in the Village of Oakfield at 10:13 p.m. on Sept. 9. Hooten allegedly pushed another subject during the incident. She was arraigned in Village of Oakfield Court and was released on her own recognizance. She is due in Oakfield Town Court on Oct. 3. The case was handled by Sheriff's Deputy Rachel Diehl, assisted by Deputy Kevin Forsyth.

Steven R. Colombo, 30, of East Main Street, Batavia, is charged with first-degree criminal contempt. He was arrested following a domestic incident at 2:09 a.m. today (Sept. 13) wherein he allegedly violated an order of protection. He was jailed without bail and is due back in court this afternoon. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Patrick Thomas Vanbortle, 22, of Ellicott Street, Batavia, is charged with second-degree criminal nuisance. He was arrested at 12:17 a.m. on Sept. 11 following an investigation into a large party that occurred on South Swan Street a short time earlier. He was processed and issued an appearance ticket. He is due in City Court on Sept. 20. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Felicia DeGroot.

Benjamin D. Tyson, 19, of Clifton Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs -- first offense, and unlawful possession of marijuana. Tyson was arrested following the investigation into a civilian complaint of the erratic operation of a motor vehicle on Union Street in the City. Tyson was located in a deli parking lot and was issued three traffic tickets and one appearance ticket. He is due in City Court on Sept. 28. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Marc Lawrence.

Tiffany D. Norton, 41, of Holland Avenue, Batavia, was arrested Sept. 11 on a bench warrant after she failed to appear and pay a fine associated with a conviction for aggravated unlicensed operation in the third degree. She was located by State Police while driving in the Village of Bergen and then turned over to BPD. She was put in jail on $250 bail and is due back in court Sept. 12. The case was handled by Batavia Police Officer Jason Ivison.

Nathan Samuel Love, 23, of South Main Street Road, Batavia, was arrested Sept. 11 on an outstanding bench warrant out of Batavia City Court. It stems from an incident on Feb. 27 on Ellicott Street, Batavia. He was taken to BPD Headquarters and processed and arraigned in City Court, then jailed on $100 bail. He was due to return to City Court on Sept. 12. The case was handled by Batavia Police Officer Kevin DeFelice.

Richard E. Stafford, 75, of Orange Grove Drive, Batavia, turned himself in on an active bench warrant for failure to appear in Batavia City Court on a vehicle and traffic summons issued May 9 on East Main Street in Batavia. Stafford posted $500 cash bail and was ordered to return to City Court on Sept. 14 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack.

It is alleged that she sold a quantity of heroin and oxycodone, a controlled substance, to an agent of the task force. She was put in jail and was arraigned in Genesee County Court today.

Dutton is charged with criminal sale of a controlled substance and criminal possession of a controlled substance. Both are third-degree Class B felonies.

The task force is comprised on police officers from the Genesee County Sheriff's Office, Batavia Police NET, and Le Roy Village Police Department. Task Force members were assisted by uniformed deputies of the Sheriff's Office and the District Attorney's Office.

Clifford Adam Keene, 38, of Pratt Road, Batavia, is charged with three counts of second-degree burglary. Keene was arrested following an investigation into two residential burglaries. It is alleged that Keene is responsible for a burglary in the Town of Batavia which occurred at noon on March 8 on West Main Street Road. He is accused of entering a residence and stealing a television. It is also alleged that he entered a residence on Marble Road in the Town of Pembroke on two separate occasions on March 4, stealing a crossbow and long guns. Keene was arrested and arraigned Sept. 8 and is due to return to Batavia Town Court Sept. 27 and to Pembroke Town Court Oct. 6. He is presently incarcerated in Genesee County Jail on unrelated charges. The case was handled by Sheriff's deputy Joseph Graff, assisted by Deputy Brad Mazur.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with depositing trash and having an open container of alcohol. At 9:11 a.m. on Sept. 8, Derenzo was arrested on Ellicott Street for allegedly consuming an open container of Coors Light beer while walking on the sidewalk. Derenzo allegedly also threw the beer can, causing litter. Derenzo was issued two appearance tickets for City Court on Sept. 27. The case was handled by Batavia Police Officer Jason Davis.

Jaime B. Janiga, 55, of Bank Street Road, Elba, is charged with failure to appear in connection with an incident which occurred at 1:28 a.m. on July 10 on Vine Street in the City of Batavia. Janiga was arrested following an accident investigation into an unrelated matter. Janiga was taken to BPD headquarters, processed, arraigned in City Court, and is due to return to court on Oct. 6. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

For 2017, the STOP-DWI program will spend a little more of its reserves, with the extra money allocated toward increased DWI enforcement and educational programs, Assistant County Manager Matt Landers told members of the County Legislature's Ways and Means Committee at Wednesday's meeting.

The increase in spending follows a year in which revenue from DWI fines lags behind the previous year, but the program has more than $200,000 in reserves against an approximate annual spending plan of $200,000 and the state agency that overseas STOP-DWI programs thinks that level of reserves is too high, so Genesee County needs to spend its program reserves down a bit.

The law enforcement leaders on the STOP-DWI committee also want to see an increase in spending on anti-drunk-driving efforts, so spending reserves now doesn't worry them.

"Everybody understands this could mean cuts in the future," Landers said.

The program is funded through fines paid by drivers convicted of DWI.

The number of arrests for DWI in the county declined steadily from the 1980s until 2014, when changes in laws brought about a slight uptick in arrests.

In 2015 there were 228 arrests, generating $190,000 in paid fines. For 2016, the fine revenue is projected to be $183,000.

The projected revenue for 2017 is $190,000. Landers is proposing a 2017 budget of $226,000.

That would require transferring $36,000 from reserves.

The portion of reserves earmarked for law enforcement is $16,000.

Spending more on enforcement could mean more arrests, which means more revenue, but that really isn't the goal, Landers said after the meeting.

"It’s both sides," Landers said. "Obviously when arrests are up, it generates more revenue and it shows that we’re getting drunks off the road, but then again, when arrests are up, it shows there are more drunks out there. The idea is that in a perfect world the program would go away someday because there are no more drunks on the road.

"So, yes, it’s a double-edged sword. It’s good when arrests are up for revenue purposes. We can do more initiatives, but it means there are more drunks out there and it shows there is more work to be done."

Erik Robert Motquin, 34, of Route 5, Batavia, is charged with one count of second-degree burglary and two counts of third-degree burglary.  Motquin was arrested following an investigation in the Town of Darien regarding an incident which occurred at 9 a.m. on Aug. 15 on Harper Road. Motquin allegedly entered a residence and a storage shed on the property on Harper Road and stole several items. He was jailed in lieu of $25,000 cash bail. The case was handled by Genesee County Sheriff's Deputy Bradley Mazur

Oliver Thomas, 25, of Dellinger Avenue, Batavia, is charged with second-degree harassment. He was arrested at 10:38 a.m. on Sept. 4 on Summit Street after allegedly sending threatening / alarming text messages to another person. He was jailed on $500 cash bail or bond. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Rebecca E. Hershey, 18, of East Main Road, Le Roy, is charged with petit larceny and unlawful possession of alcohol by a person under 21. Hershey was arrested at 2:15 a.m. on Sept. 3 on Park Road in Batavia after she allegedly stole alcohol from a business while in an intoxicated condition. Hershey was issued an appearance ticket for City Court on Sept. 6. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

A deputy has been dispatched to the Mount Rest Cemetery in Bergen, Route 262 and Route 19, to investigate a complaint of damage to headstones.