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Byron resident pleads to attempted murder for firing gun at deputy's vehicle

By Howard B. Owens

A 55-year-old Byron resident can expect to spend 12 and a half years in state prison after entering a guilty plea to attempted murder today in Genesee County Court.

David O'Connor entered his plea on an Alford basis, which means he isn't admitting to the factual claim underlying the attempted murder charge, but that he would likely have been found guilty at trial.

According to District Attorney Lawrence Friedman, O'Connor denies that he was firing his rifle from the second floor of the Byron Hotel at Deputy Andrew Hale, attempting to kill him, on March 7. O'Connor maintains that he was aiming at the tires of the deputy's patrol vehicle.

The shot blew out the back windows of Hale's SUV.

The plea was part of an agreement that will cap O'Connor's prison term to 12 and a half years and avoids a trial.

Sentencing is scheduled for Aug. 30.

O'Connor made no statements in court today.

Previously:

Fifteen arrests repprted G-Eazy concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the G-Eazy concert at Darien Lake Performing Arts Center on Friday:

Colt D. Agnew, 19 of Potter Hill Road, Cattaraugus, is charged with criminal trespass 3rd and criminal possession of a forged Instrument, 2nd. Agnew allegedly entered Darien Lake after being told to leave and was found in possession of a fraudulent Maryland license. Agnew was arraigned in Darien Court and put in jail in lieu of $10,000 bail.

Jamie J. Burczynski, 20, of Old Goodrich Road, Clarence, is charged with second-degree harassment and resisting arrest. Burczynski allegedly swung his fist at a deputy and then resisted arrest. Burcyzynski was arraigned in Darien Court and put in jail in lieu of $1,000 bail.

A 17-year-old of Thorn Berry Way, Conyers, Ga., is charged with disorderly conduct after allegedly urinating on a vehicle.

Bryce R. Tarbox, 20, of Route 417, Alleghany, is charged with third-degree criminal trespass and criminal possession of stolen property, 5th, after allegedly possessing a stolen Live Nation cleaning shirt and entering the concert venue without a ticket.

A 16-year-old of Ridge Meadows Drive, Spencerport, is charged with criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Evan J. Vershay, 21, is charged with forcible touching after allegedly grabbing a female's private parts.

The following subjects were charged with unlawful possession of marijuana:

A 17-year-old of Main Street, Williamsville

Joshua P. Butry, 24, of 81st Street, Niagara Falls

Shane N. Barrett, 25, of Hickory Street, Whitney
Casey R. George, 19, of Hagen Avenue, North Tonawanda
Alexis N. Malta, 18, of Tinker Tavern Road, Webster
Luke G. Simons, 18, of Country Meadow, Hilton
Melanie M. O’Malley, 20, of Foxwood Lane, Williamsville
Andrew J. Stone, 21, of Evans Street, Lockport
Zachary T. Fronckowiak, 18, of Westover Street, Yorkshire

Law and Order: Teen arrested after allegedly allowing unlicensed 15-year-old to drive

By Billie Owens

Brian John Flynn, 18, of North Road, Freedom, is charged with endangering the welfare of a child and permitting unlicensed operator. Flynn was arrested at 11:58 p.m. on July 26 on Alleghany Road in Pembroke following a traffic stop near Vision Parkway. An investigation revealed that Flynn allegedly allowed an unlicensed 15-year-old to operate the vehicle. There were three people inside the vehicle under the age of 17 at the time of the stop and the vehicle was apparently taken without the registered owner's knowledge. An investigation is continuing and more charges are possible. Flynn is due in Town of Pembroke Court on Aug. 23 to answer the charge. The case was handled by Deputy Patrick Reeves.

Brandon J. Henley, 23, of Buffalo, was arrested at 1:32 p.m. on July 28 following a traffic stop for speeding on Route 77 in Corfu. Corfu Village Police Officer Michael Petritz initiated a traffic stop for speeding (48 mph in a 35-mph zone) and upon interviewing the driver and passenger, Officer Petritz allegedly detected a strong odor of burnt marijuana emanating from the vehicle. The passenger admitted to possessing the marijuana cigarettes found in the vehicle. Henley was charged with unlawful possession of marijuana and issued an appearance ticket for Aug. 1 for the Village of Corfu Court.

Latest N.E.T. detail in the city results in four arrests for pot

By Billie Owens

Press release:

On July 20, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Enforcement Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), the Genesee County Probation Department and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. -- Neighborhood Enforcement Team -- detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods.

The following arrests were made:

  • A 17-year-old male of Batavia was charged with one count of unlawful possession of marijuana (a violation) and criminally using drug paraphernalia (a Class A misdemeanor) following a traffic stop
  • A 17-year-old male of Batavia was charged with one count of unlawful possession of marijuana (a violation) following a traffic stop;
  • John Burns, 26, of Erie, Pa., was charged with unlawful possession of marijuana (a violation) following a traffic stop;
  • David Draper, 36, of Batavia, was charged with unlawful possession of marijuana (a violation) and driving while ability impaired by drugs (a misdemeanor) following a traffic stop;
  • Officers conducted 21 parole checks where Probation officers located: one Probation violation; conducted 37 traffic stops; and issued 20 traffic tickets for various violations.

Sheriff's Office seeks public's help in solving rash of ATV thefts

By Billie Owens

Press release:

The Genesee County Sheriff's Office is currently investigating the thefts of several all-terrain vehicles.

At least 10 four-wheel ATVs and one Kubota side-by-side full cab have been reported stolen.

These vehicles inlcude two child-sized models as well.

The ATVs have been moved with and without the key. The thefts have occurred throughout most of Genesee County within the past month.

The Sheriff's Office is asking for the public's assistance in reporting any suspicious activity or individuals involved in the larcenies.

Anyone with information is requested to contact the Genesee County Sheriff's office at (585) 343-5000. Information provided may remain confidential.

Law and Order: Dump truck driver from Scio charged with false personation, inmate arrested in jail fracas

By Billie Owens

Jeremy Michael Depasquale, 26, of Pixley Hill Road, Scio, is charged with false personation. At 6:15 p.m. on July 22, a dump truck was stopped on Route 33 in the Town of Pembroke for an equipment violation. Investigation revealed that the driver's license was suspended. The defendant who was the owner of the dump truck arrived on scene and allegedly identified himself to officers with a false name in an attempt to make officer believe that he possessed a commerical driver's license to drive the truck. Depasquale was arrested, arraigned in Town of Pembroke Court, and jailed on $5,000 cash bail or $10,000 bond. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Trooper Kosowski and Trooper Hansel.

Michael Shawn McKenzie, 27, of West Main Street, Batavia, is charged with second-degree harassment -- physical contact. At 7:50 p.m. on July 23, McKenzie was arrested for second-degree harassment following a physical distrubance at the Genesee County Jail. He was issued an appearance ticket for July 25 in City of Batavia Court. The case was handled by Sheriff's Deputy Ryan DeLong.

Law and Order: Ellicott Street Road resident accused of stealing $5K 'over a period of time' from her employer, JCPenney

By Billie Owens

Danielle S. Cervone, 20, of Ellicott Street Road, Batavia, is charged with third-degree grand larceny. She was arrested at 1 p.m. on July 21 at 40 Batavia City Centre, Batavia, for allegedly stealing about $5,000 from her employer, JCPenney,  over a period of time. She was arraigned and released on her own recognizance and is due in City Court at 1:30 p.m. on Aug. 9. The case was handled by Batavia Police Officer Jamie Givens.

Madalyn R. Muntz, 30, of South Main Street, Batavia, is charged with: criminal possession of stolen property in the fifth degree; criminally using drug paraphernalia in the second degree; operating a motor vehicle with a suspended registration; operating without stop lamps; and having suspended registration -- failure to turn in plates to DMV. At 9:35 a.m. on July 20, Muntz was stopped on Ross Street in Batavia for a traffic infraction. The registration to her vehicle was also found to be suspended. Further investigation allegedly revealed that Muntz possessed drug paraphernalia and a wallet that belonged to a coworker, which had been reported stolen to the Genesee County Sheriff's Office on June 3. Followin arraignment, she was jailed in lieu of $1,000 cash bail. The case was handled by Batavia Police OfficerFrank Klimjack, assisted by Officer Jason Davis.

Breanna M. Smith, 22, of Lake Street Road, Batavia, is charged with: making a punishable false written statement; conspiracy in the sixth degree; falsely reporting an incident in the third degree; insurance fraud in the third degree; and third-degree grand larceny. She was arrested following an investigation into a report at 12:45 p.m. on July 1 that her vehicle had been stolen on East Main Street in Batavia. She was arraigned, then released under supervision of Genesee Justice. She is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Thad Mart.

Lewis C. Rhodes, 37, of Summit Street, Batavia, is charged with second-degree harassment and first-degree criminal contempt. At 7:02 a.m. on July 24, Rhodes was arrested as the result of an investigation into a domestic incident which occurred on Summit Street a short time earlier. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then ordered jailed without bail. He was due in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels, assisted by Sgt. Matthew Lutey.

Adam D. Smart, of Raymond Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested at about 8 p.m. on July 23 after an investigation into a domestic incident which occurred on Raymond Avenue a short time earlier. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then ordered jailed without bail. He was due in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Felicia DeGroot.

Darien L. Rhodes, 23, of 1/2 Dellinger Ave., Batavia, is charged with second-degree unlawful imprisonment, second-degree harassment, and first-degree criminal contempt -- physical contact. At 11:32 p.m. on July 19, Rhodes was arrested as the result of an investigation into a domestic incident which occurred on Dellinger Avenue a short time earlier. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then released on his own recognizance. He was due in City Court July 20. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Erics Foels.

Glenn H. Quintern, 57, of Central Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested at 6:23 a.m. on July 23 after an investigation into the alleged violation of a court order. He was processed at Batavia Police headquarters, arraigned in Batavia Town Court and then ordered jailed without bail. He was due in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Michael J. Elmore, 25, of State Street, Batavia, is charged with disobeying a mandate at 9 p.m. on July 20 on Summit Street in Batavia. He was arrested and arraigned in Batavia Town Court on July 23 and jailed on $500 cash or $2,000 bond. He was due this afternoon in City Court to answer the charge. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Sgt. Matthew Lutey.

Holly H. Miller, 32, of State Street, Batavia, is charged with fourth-degree grand larceny -- using a credit card, and unlawful possession of personal identification in the third degree -- for the commission of a crime. Miller was arrested for allegedly stealing a DSS case worker's credit card information and it the purchase food and personal items at 9:30 p.m. on May 25. She was arraigned and released under supervision of Genesee Justice and is due in City Court on Sept. 1. The case was handled by Batavia Police Officer Marc Lawrence.

Jason M. Hirtreiter, 29, of Catherine Street, Medina, is charged with criminal tampering and petit larceny. He was arrested at 4:15 a.m. on July 19 on North Street in Batavia, arraigned at 8:31 a.m. and then jailed on $2,500 bail. He was due back in court that day at 1:30 p.m. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Darryle Streeter.

Jolynn M. Gorski, 36, of Chandler Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs. She was arrested at 9:40 p.m. on July 21 on Washington Avenue in Batavia. Gorski was allegedly found behind the wheel of a vehicle in the drive-thru of M&T Bank, apparently asleep. She was issued an appearnce ticket and in due in City Court on Aug. 17 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Police Sgt. Chris Camp.

Marcus L. Viverette, 28, of Elk Street, Rochester, was arrested on July 23 by the Le Roy Police Department. Viverette was charged with aggravated harassment in the second degree, a Class A misdemeanor. Viverette was arrested after allegedly threatening the life of the victim during a phone call earlier this month. Viverette was arraigned in front of the Honorable Judge Sehm and is being held at the Genesee County Jail in lieu of $1,500 cash bail and $3,000 bond. Viverette is to return to the Le Roy Town Court on Aug. 18 to answer to the charge. 

Danny D. Williams Sr., 27, of Pearl Street, Batavia, is charged with second-degree harassment. He was arrested at 8:49 p.m. on July 20 on Maple Street in Batavia following an incident wherein he allegedly spit on a person. He was issued an appearance ticket for City Court for Aug. 2 and released. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Stephen Cronmiller.

Nathan M. Payne, 21, of Corfu, was arrested at 10:51 p.m. on July 24 for unlawful possession of marijuana after a traffic stop for speeding (47 mph in a 35-mph zone) on State Route 33. Corfu Police Officer Michael Petritz allegedly detected a strong odor of burnt marijuana emanating from Payne's vehicle. Payne was issued an appearance ticket for Aug. 1 in Darien Town Court to answer the charges.

Tyler A. Stoddard, 21, of Meiser Road, Corfu, is charged with petit larceny. He was arrested at 8:05 p.m. on July 16 on Ellicott Street in Batavia for allegedly stealing $1.49 worth of merchandise from a local business. Stoddard was issued an appearance ticket and is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.

Melissa R. Piazza, 27, of State Street, Batavia, is charged with failure to appear. She was arrested at 12:15 a.m. on July 14 on Jefferson Avenue, Batavia, after allegedly failing to appear for a City Court date on July 19. She was jailed, posted bail, and is set to return to City Court on Aug. 2. The case was handled by Batavia Police Officer Jamie Givens.

Jeri M. Diaz, 36, of Bank Street, Batavia, was arrested on an active bench warrant out of Batavia City Court. It is alleged that Diaz failed to appear for a court date in March. She was arraigned, released, and was due in City Court on July 21. The case was handled by Batava Police Officer Chad Richards, assisted by Officer Jamie Givens.

Tyanna D. Green, 21, of West Main Street Road, Batavia, was arrested on a bench warrant for allegedly failing to pay a fine. She is due in City Court on Aug. 2. The case was handled by Batava Police Officer Jamie Givens.

A dozen arrested, including two jailed, at Disturbed concert at Darien Lake on Sunday

By Billie Owens

Two people were arrested by deputies from the Genesee County Sheriff's Office and put in jail during the Disturbed concert at Darien Lake Performing Arts Center on Sunday, July 24. They are:

Ryan J. Budnik, 28, of Berkshire Drive, Rochester, was arrested for trespassing after allegedly reentering the concert venue after being advised not to return. He was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $200 bail.

Richard J. Lewis, 37, of Pintail View, Walworth, was arrested for second-degree harassment after allegedly entering the backstage area of the concert venue and punching an employee. Lewis was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $500 bail.

The following people were arrested and issued appearance tickets to be in Darien Town Court at 4 p.m. on Aug. 2:

Michael S. Prinz, 20, of Route 237, Stafford, was arrested for driving while ability impaired by drugs and unlawful possession of marijuana after driving into the Darien Lake concert venue while allegedly impaired by drugs and while in possession of a quantity of marijuana.

A 16-year-old from Le Roy was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

A 17-year-old from Orchard Park was arrested for criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly possessing Adderall (not prescribed) and a quantity of marijuana.

Jeremy T. Maliszewski, 18, of Fisher Road, West Seneca, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Damien R. Koch Jr., 18, of Vanderbelt Street, Lovejoy, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Sean H. Pfeiffer, 18, of Indian Church Road, West Seneca, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Brendan T. Fitzpatrick, 20, of Whittier Road, Spencerport, was arrested for unlawful possession of marijuana after allegedly possessing a quantity of marijuana.

Dustin J. Houghton, 25, of Ridge Road, Webster, was arrested for trespass after allegedly reentering the concert after being told not to return.

John F. Jacobsen, 42, of Hamburg Street, Buffalo, was arrested for trespass after allegedly reentering the concert after being told not to return.

Grace A. Lotz, 35, of Clinton Street, Attica, was arrested for criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument after allegedly possessing suboxone and a hypodermic syringe and needle.

Law and Order: Pair of Rochester teens charged with possessing stolen car and trespassing in Le Roy

By Billie Owens

Deborah Ruth Walker, 19, of Belmanor Drive, Rochester, is charged with criminal possession of stolen property, false personation, trespass, and unlawful possession of marijuana. She was arrested at 11:22 p.m. on July 23 following a suspicious incident in the Town of Le Roy. She allegedly was in possession of a stolen motor vehicle, gave a false name, was trespassing and had an amount of marijuana in her possession at the time. She was arraigned in Town of Le Roy Court and put in Genesee County Jail in lieu of $10,000 cash or $20,000 bond. She is due in Le Roy Town Court on Aug. 18. The case was handled by Sheriff's Deputy Michael Lute.

Georgeta Marioara Coleman, 18, of Mount Hope Avenue, Rochester, is charged with criminal possession of stolen property, 4th, and trespass. She was arrested at 11:22 p.m. on July 23 following a suspicious incident in the Town of Le Roy. She allegedly was in possession of a stolen motor vehicle and was trespassing at a residence. She was arraigned in Town of Le Roy Court and put in Genesee County Jail in lieu of $10,000 cash or $20,000 bond. She is due in Le Roy Town Court on Aug. 18. The case was  handled by Sheriff's Deputy Michael Lute.

Larry Alvin Hubler, 67, Byron Holley Road, Byron, is charged with driving while intoxicated and operating a motor vehicle with a BAC of .08 or more. Hubler was arrested at 1:38 p.m. July 20 on Main Road in Stafford after allegedly driving his vehicle into a business, namely Dupont TV. He was issued an appearance ticket for Aug. 30 in Town of Stafford Court. The case was handled by Sheriff's Deputy Joseph Loftus, assisted by Deputy John Dehm.

Rachel A. Palmer, 47, of Britt Road, Le Roy, was arrested on July 22 by the Le Roy Police Department and charged with two counts of petit larceny, a Class A misdemeanor, two counts of third-degree identity theft, also Class A misdemeanors, and criminal possession of stolen property in thr fourth degree, a Class E felony. Palmer was arrested following the investigation into the use of a stolen credit card which was used in the Village of Le Roy. Palmer allegedly used the stolen credit card to purchase merchandise at Dunkin Donuts as well as the Yellow Goose in the amount of $16.07. Palmer was arraigned and released under supervision of Genesee Justice. Palmer is to return to the Le Roy Town Court on Aug. 18 to answer to the charges.

Tonya Marie Ficarella, 29, of West Main Street, Batavia, is charged with second-degree harassment. She was arrested on a bench warrant out of the Town of Batavia Court for allegedly failing to appear in court regarding an alleged harassment at midnight on June 27 on West Main Street Road, Batavia. She was released and is set to appear in Batavia Town Court on Aug. 22. The case was handled by Sheriff's Deputy Michael Lute.

Cones reported stolen on Jefferson Avenue, Batavia

By Howard B. Owens

A caller from Washington Towers reports seeing three youths on bicycles, two black and one white, steal cones that were around an excavator on Jefferson Avenue. 

Jefferson near Washington is closed this week for repair work.  

The youths were last seen heading south on Jefferson.

Company in Basom looking for help in recovering stolen Kubota

By Howard B. Owens

stolenkbot216.jpg

The folks at Alleghany Farm Services, 7342 Alleghany Road, Basom, are looking for help in locating their Kubota RTV 1100c WXL-A, which was stolen from their property.

Its series number is 25947 and it's a 2011 model.

The company's phone number is: (585) 762-4411.

Plea offer pending for man accused of firing at deputy

By Howard B. Owens

A plea offer is on the table for a 55-year-old Byron resident accused of firing a rifle at a Sheriff's deputy who was sitting in his patrol car March 7.

David O'Connor appeared in County Court today for a scheduled Huntley hearing, which is based on a defense motion to dismiss statements O'Connor may have made once he was in custody. But O'Connor's attorney, Thomas Burns, dropped the motion and O'Connor waived the hearing after being told of a plea offer from District Attorney Lawrence Friedman.

The specifics of the plea offer were not discussed in open court.

O'Connor has until Aug. 1 to decide whether to accept the offer.

He is charged with attempted aggravated murder of a police officer. He was initially charged with first-degree reckless endangerment and third-degree criminal mischief.

O'Connor is accused of firing a single round from a .22-caliber rifle from the window of his apartment at the Byron Hotel at Deputy Andrew Hale, blowing out the windows of Hale's patrol vehicle, while Hale was performing a traffic stop in the parking lot of the Byron Arrow Mart.

No one was struck by the projectile and there were no injuries.

Previously: Single gunshot in Byron highlights the dangers of modern law enforcement

Man accused of menacing a police officer will take case to trial

By Howard B. Owens
mug_billthomas2016.jpg
       Bill Thomas

A Batavia man whose apparent domestic dispute ended after he allegedly threatened a police officer with a knife has chosen to take his case to trial rather than accept a plea agreement.

The agreement would have limited his prison term to three and a half years in exchange to a guilty plea to menacing a police officer.

Bill Thomas, 56, of State Street, was arrested in March after an early morning stand-off with the Emergency Response Team.

He was also charged with criminal possession of a weapon.

Thomas turned down the plea offer last week, but was back in Genesee County Court this afternoon because a police officer witness won't be available at the time of the original trial date. The new date for jury selection to start the trial is Oct. 11.

Canisteo man arrested for allegedly engaging in oral sex with 15-year-old boy

By Billie Owens

Joel Bert Shorts, 55, of Stewart Street, Canisteo, is charged with third-degree criminal sexual act and endangering the welfare of a child.

Shorts was arrested at 11:30 p.m. on July 20 at Darien Lake Theme Park Resort following an investigation into an allegation that he engaged in oral sexual conduct with a 15-year-old male.

He was arraigned in Darien Town Court and released under supervision of Genesee Justice.

The case was handled by Sheriff's Deputy Bradley Mazur, assisted by Deputy Howard Carlson.

Lawn and Order: Alexander woman charged with two counts of harassment stemming from 4th of July incident

By Billie Owens

Erin Marie Van Dorn, 28, of Alexander Road, Alexander, is charged with two counts of harassment. She was arrested following a harassment complaint in the Town of Batavia. She allegedly repeatedly called and messaged two people, harassing them about an incident that occurred at 11 a.m. on West Main Street Road over the Fourth of July weekend. She was released with an appearance ticket to be in Town of Batavia Court on Aug. 4. The case was handled by Sheriff's Deputy Rachel Diehl, assisted by Deputy Ryan DeLong.

Shane H. Houseknecht, 24, of Churchville, was arrested by State Troopers on July 19 and charged with two counts of criminal possession of a controlled substance in the seventh degree, controlled substance in a non-original container, both misdemeanors, third-degree aggravated unlicensed operation, and speeding. Houseknecht was allegedly observed speeding on Route 33 in the Town of Bergen. Investigation revealed Houseknecht had a suspended driver’s license. Troopers allege they located three Adderall pills and a suboxone strip. Houseknecht was transported to SP Batavia for processing. He was issued an appearance ticket and uniform traffic tickets returnable to the Town of Bergen Court on Aug. 3.

Bail hearing delayed for defendant who didn't understand purpose of Genesee Justice visit

By Howard B. Owens
mug_ericwatsonjuly2016.jpg
      Eric Watson

A bail hearing in City Court today was continued to Aug. 4 for a man accused of having sexual contact with a mentality disabled family member because the suspect declined a bail evaluation interview with Genesee Justice.

Assistant Public Defender Lisa Kroemer explained to Judge Robert Balbick that her client, Eric Watson, declined the interview because he didn't understand the purpose or know anything about Genesee Justice.

Genesee Justice is a county agency that provides supervisory services on behalf of the court as well as assistance to crime victims.  One of the tasks of staff at Genesee Justice is complete a bail evaluation, which a judge can use to set an appropriate amount of bail for each defendant. The scoring system is intended to help judges determine the likelihood a defendant will make it to future court appearances.

Rather than set bail today for Watson, without that information, Balbick continued the case to the next available court date.

Watson is in custody and entered the courtroom dress in an orange jail uniform, moving slowing and balancing with a walker. As he approached the bench, Kroemer told him, "take your time, Mr. Watson."

Watson is accused of having sexual contact with a family member who was unable to consent due to mental incapacity to provide consent.

He is charged with second-degree rape, second-degree criminal sexual act, and second-degree incest.

Law and Order: Akron man arrested after investigators allege bullet from his firearm struck occupied city house

By Billie Owens

Keith A. Wilkinson Jr., 61, of Quarry Hill Estates, Akron, is charged with: second-degree reckless endangerment; fourth-degree criminal mischief; and discharging a firearm within 500 feet of a dwelling. He was arrested after a joint investigation was completed concerning an incident which occurred at 7:35 p.m. on Nov. 21 at 315 Bank St., Batavia. Investigators from the Batavia Police Department and the NYS Environmental Conservation Police determined that Wilkinson did discharge a firearm within 500 feet of an occupied dwelling at that time. They determined the bullet did strike a home located within the City of Batavia. Wilkinson was due in City Court July 19 to answer the charges. PO Ivison and ECO Wilson were the primary investigating officers in the case, according to the report of Batavia Police Officer Frank Klimjack.

Ronnie W. Engelhardt, 27, of Liberty Street, Batavia, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

David T. Neuhaus, 29, of Willow Street, Batavia, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

Justin R. Shaffer, 29, of Gardeau Road, Perry, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

Paul M. Wieclaw II, 27, of Norton Road, Elba, is charged with first-degree criminal contempt and second-degree burglary. He was arrested on a Batavia City Court Arrest Warrant and jailed without bail. The case stems from an incident which occurred at 1 a.m. July 8 on Ellicott Street, Batavia. He is was due in court today. The case was handled by Batavia Police Officer Stephen Cronmiller.

Jon N. Roblee, 40, of Pearl Street, Batavia, is charged with second-degree harassment. He was arrested after he allegedly had an argument with a coworker at Bob Evans Restaurant on Oak Street in Batavia and threw an item at her. The incident was reported at 7:30 p.m. on July 7. He is due in City Court on July 26. The case was handled by Batavia Police Officer Christopher Lindsay.

John R. Sherman Sr., 38, of Elm Street, Batavia, is charged with second-degree harassment -- physical contact. He was arrested at 5:45 a.m. on July 11 on Elm Street after allegedly pushing another person during a domestic incident. He was jailed on $750 bail. He was due back in court later that afternoon (July 11). The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Matthew Lutey.

Gina Lynn Avino, 41, of Haven Lane, Batavia, is charged with second-degree obstructing governmental adminstration and second-degree harassment. At 2:09 a.m. on July 19 Avion was arrested on Haven Lane on these charges. It is alleged that during the investigation of a domestic incident, she pushed a City Police Officer who was assisting a Sheriff's Deputy on the call. She was arraigned in Town of Batavia Court and released under supervision of Genesee Justice. She is due in Batavia Town Court on Aug. 22. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Rachellyn G. Burek, 34, of Main Street, Attica, is charged with second-degree criminal contempt. She was arrested due to an incident at 9:30 a.m. on June 9 on Summit Street in Batavia wherein she allegedly had contact with a party protected by an order of protection. She was issued an appearance ticket and is due in City Court Aug. 2 to answer the charge. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Christopher Lindsay.

Nicole A. Mickey, 26, of Colonial Boulevard, Batavia, is charged with felony DWI and speeding. At about 12:47 a.m. on July 10, Mickey was arrested on Richmond Avenue in Batavia as the result of a traffic stop. She was processed at BPD headquarters, fingerprinted and photographed at the jail and then issued itckets. She was due in City Court this morning. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Lutey.

Benjamin G. Evans IV, 27, of Dellinger Avenue, Batavia, is charged with criminal possession of stolen property in the fifth degree. He was arrested on July 11. It is alleged that Evans possessed a bicycle that he knew to be stolen. It was reported stolen at 9 p.m. July 6 on School Street in the city. Evans was issued an appearance ticket for City Court on July 19. The case was handled by Batavia Police Sgt. Christopher Camp, assisted by Officer Christopher Lindsay.

Jeremy M. Fairbanks, 38, of Maple Street, Batavia, is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 7th, and inadequate headlamps. He was arrested at 11:28 p.m. on July 4 on East Main Street in Batavia following a traffic stop. It is alleged that Fairbanks, who was the driver, possessed a quantity of marijuana and another controlled substance in the vehicle. He was due in City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Jonathan C. Hoges, 34, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th. He was arrested at 11:29 p.m. on July 4 on East Main Street in Batavia following a traffic stop. It is alleged that Hoges, who was a passenger, possessed a controlled substance while in the vehicle. He was due in City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Lonnie J. Ford III, 45, homeless, Batavia, is charged with public lewdness. He was arrested following an incident in Centennial Park at 6:06 p.m. on July 12 wherein he allegedly exposed himself and "urinated approximately on a tree." He was issued an appearance ticket for Aug. 2 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Melissa R. Piazza, 27, of State Street, Batavia, is charged with being in a public park after hours. She was arrested at 12:10 a.m. on July 14 for allegedly entering and remaining in Austin Park after the park was closed. Piazza allegedly remained in the park after being afford the opportunity to leave with only a warning. She was released on an appearance ticket for City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk.

Priscilla M. Donahue, 38, of East Avenue, Albion, is charged with petit larceny. She was arrested after allegedly stealing property from Dollar General on East Main Street in Batavia at 4:09 p.m. on July 11. She was issued a computer-generated appearance ticket for City Court on Aug. 2. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Arick Perkins.

Benjamin Gove Evans IV, 27, of Dellinger Avenue, Batavia, is charged with petit larceny. He was arrested following the investigation into a bicycle that was stolen from outside the Richmond Memorial Library and was reported at 12:30 p.m. on July 9. He was due in City Court on July 19. The bicycle was recovered and returned to the rightful owner. The case was handled by Batavia Police Officer Jason Ivison. 

Michelle L. Misiak, 51, of Union Street, Batavia, is charged with second-degree criminal use of drug paraphernalia. She was arrested at 9:21 p.m. on June 14 following a NYS Parole home visit wherein she allegedly possessed drug paraphernalia. She was due in City Court on July 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

A 17-year-old resident of Batavia was arrested on July 18 for allegedly stealing food and liquor out of a freezer on the front porch of a residence on Manhatten Avenue in the city at 5:40 p.m. on July 16. The youth is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Christopher Lindsay.

A 17-year-old resident of Batavia was arrested at 1 p.m. on July 11 after allegedly found to be in possession of a marijuana pipe. The youth is due in City Court on Aug. 2. The case was handled by Batavia Police Officer James DeFreze.

Robert L. Carney, 24, of Walter Street, Buffalo, was arrested on July 15 after being located by the Genesee County Sheriff's Office at Darien Lake. He was found to have a bench warrant for failure to pay a fine out of City of Batavia and turned over to Batavia Police.. At the direction of City Court Judge Balbick, Carney was released and was due back in court on July 19. The case was handled by Batavia Police Officer Arick Perkins.

Youths reportedly fighting on Dellinger Avenue in the city

By Billie Owens

City police are responding to Dellinger Avenue for a report of several youths fighting. They are said to be heading north. This is one of several fighting incidents reported there today, says a dispatcher. Sometime after 4 p.m., a two-vehicle accident was reported on Dellinger. Injuries were minor, if any.

Man who lives on Myrtle Street in Le Roy jailed on charge of first-degree sexual abuse of child less than 17

By Billie Owens

Ronald D. Stives, 34, of 61 Myrtle St. in Le Roy, was arrested by the Le Roy Police Department and charged with one count each of sexual abuse in the first degree, a Class D felony, and endangering the welfare of a child, a Class A misdemeanor.

It is alleged that during the morning hours of July 18, Stives subjected the victim to sexual contact when the victim was incapable of consent by reason of being physically helpless. Further it is alleged that when he did so, Stives knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years of age.

Stives was arraigned before the Judge Daryl Sehm of the Le Roy Town Court and put in Genesee County jail in lieu of $10,000 bail.

Batavia man jailed on charges of second degree rape and incest involving mentally disabled family member

By Billie Owens

​Batavia PD announced today that a 40-year-old Batavia man was arrested for allegedly having sexual contact with a family member. Eric Watson is in Genesee County Jail with bail set at $20,000.

He is accused of engaging in sexual conduct with a mentally disabled family member who is incapable of consenting to such activity. The allegations date back three years, but were just reported this year.

Watson is charged with second-degree rape, second-degree criminal sexual act, and second-degree incest.

He is due to appear in Genesee County Court at 11 a.m. on Thursday, July 21.

Det. Sgt. Todd Crossett and Det. Kevin Czora are the city Police Department investigating officers.

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