crime

The Sheriff's Office and State Police were 6319 E. Main St.,  in South Byron this morning to retrieve and dismantle a suspected methamphetamine lab.

In connection with the operation, two people are reportedly in custody. Their names and the nature of the charges have not yet been released.

South Byron Fire Department and Mercy EMS along with Genesee County Emergency Services were also on scene.

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Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was taken into custody on East Main Street, Batavia, by State Troopers and Sheriff's Deputies on Thursday afternoon. Orbaker is accused of violating an order of protection. He allegedly hit a female covered by an order of protection.

Brian Michael Fairbanks, 33, of Church Street, Le Roy, is charged with unlawful imprisonment, 2nd, and menacing, 3rd. Fairbanks allegedly committed the crimes during a dispute with a friend in his apartment.

Nicholas M. Lyons, 30, of 17 Central Ave., Batavia, is charged with menacing, 2nd, and harassment, 2nd. Lyons is accused of punching, kicking and using a knife to threaten another person during an alleged incident at 10 p.m., Thursday.

Jennifer Jean Fracek, 20, of Batavia-Stafford Townline Road, is charged with unlawful possession of marijuana. Fracek was charged after College Village security contacted the Sheriff's Office with a claim that Fracek was found in possession of marijuana during a security investigation.

In 2007 the Bank of America branch on Main Street, Batavia, was robbed by a man who may have displayed a gun, and today, a federal grand jury indicted a suspect in that case.

Michael C. Makolinski, 30, is facing four federal counts of armed bank robbery, four counts of illegally entering a bank with the intent to commit a larceny while armed and four counts of armed bank larceny.

Each charged carries a penalty of 25 years in prison and a $250,000.

Besides the Nov. 7, 2007 robbery in Batavia, Makolinski is accused of robbing the Fairport Savings Bank, on Hudson Avenue, Irondequoit, on Nov 16, 2007, the First Niagara Bank, on Center Street, Lewiston, on Nov. 27, 2007, and the Evans National Bank, on Delaware Avenue, Buffalo, on Dec. 5, 2007

In each case, Makolinski is accused of brandishing what appeared to appeared to be a firearm.

Assistant U.S. Attorney Richard Maigret, who is handling the case, stated that the Indictment is the result of an extensive investigation conducted by Special Agents of the Federal Bureau of Investigation and New York State Police Investigators over the last three and a half years. 

The Batavia Police Department assisted in the investigation.

Donnie Hendrickson is indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st. Hendrickson is accused of cutting and stealing timber from property in Le Roy between Jan. 9 and Feb. 14, 2010 with an estimated value in excess of $1,600. The timber trespass charges each stem from alleged removal of specific trees, including sugar maple, red oak trees and hickory trees. He is also accused of removing trees from property in Stafford, specifically swamp white oak and soft maple trees. He is also accused of cutting and removing timber from a property in Stafford with a value in excess of $18,000. He is also accused of fraudulently trying to acquire the trees.

David Isabell is indicted on charged of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud, 1st. Isabell is accused of stealing timber from a property in Le Roy with a value in excess of $1,000. He's also accused of stealing $6,250 from a person in Bergen. He's also accused of stealing timber from a property in Le Roy with a value in excess of $3,000. He's accused of writing a bad check to a person in Le Roy with a value of $5,600. He's a accused of removing timber from a property in Stafford with a value in excess of $450. He's accused of removing timber from a property in Le Roy with a value in excess of $1,000 The alleged timber removed from these properties includes sugar maple, red oak, hickory and swamp white oak. The theft of services charge comes from an allegation that Isabell failed to pay for hotel rooms in Batavia. 

Randall W. McKeown is indicted on a felony charge of DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. McKeown is accused of driving drunk on Nov. 7 while in the Town of Batavia.

Nichole L. Rushing, 24, of 113 Jackson St., Apt. #2, Batavia, is charged with criminal contempt, 2nd. Rushing is accused of allowing a person who was barred from being in the presence children into her residence with out prior court approval.

Francisco Martinez Jr., 37, of 113 Jackons St. Apt. #2, Batavia is charged with criminal contempt, 2nd. Martinez reportedly walked to Batavia Police headquarters to report an alleged violation of a family court order of protection involving a female acquaintance. While reporting this incident, Martinez reportedly admitted that he was living at the same address and was violating an order of protection by being there. Martinez was reportedly ordered by city court to stay away from the residence and two young children who reside there.

Lemual Morris Clawson, 28, of Eelpot Road, Naples, is charged with petit larceny. Clawson is accused of stealing video game disks from Kmart.

A 16-year-old Batavia High School student is facing seven counts of aggravated harassment for allegedly placing calls to various local women that were either of a sexual nature, or were, in the words of Det. Todd Crossett, "disturbing and alarming."

In all, during the months-long investigation, Crossett said at least 45 women came forward with complaints about unwanted calls from the youth.

The name of the suspect has not been released by police because he's eligible for youthful offender status.

While many of the calls were made to women associated with BHS, Crossett said the alleged victims were spread throughout the community.

"I'm not 100 percent certain why he chose who he chose," Crossett said.

The first complaint came in last July, Crossett said, and at that time, he suggested to the alleged victim that she block her private numbers, but then in the coming months, more and more women came forward, especially as women started talking with each other about getting the calls.

In was in December that Crossett said he decided, "OK, we've got something here," and he started to compile evidence for a criminal case.

The seven charges are related to alleged calls going back to October.

Most of the women chose not to press charged, Crossett said, because they know the boy's family and felt the family could handle the issue.  

However, the seven women who are pressing charges wanted to ensure that an order of protection is put in place, which can only happen if criminal charges are filed.

"Also, the general consensus was that they want him to get help," Crossett said. "That really was the consensus of the women."

The youth was arraigned in Town of Batavia Court and released under the supervision of Genesee Justice.

A recent effort by Batavia Police to target drivers talking on mobile phones or not wearing seat belts while driving netted 43 citations, according to Sgt. John Peck, who headed up the detail.

The detail was part of a statewide "Buckle Up New York" campaign and funded by a grant issued by the Governor's Traffic Safety Committee.

Officers conducted the detail over March 30 and 31.

The campaign will continue into June with extra details in place May 23 to June 5.

Jessica R. Johns, 32, of 122 Jackson St., Batavia, is charged with resisting arrest, DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and uninspected motor vehicle. Johns was arrested by officers Frank Klimjack and Eric Hill, who responded to Elm Street following a report of a disturbance at 7 a.m., Sunday.  Officers reportedly deployed a Taser to help subdue Johns.

Jessie Marie Cramer, 25, of South Lyons Street, Batavia, is charged with petit larceny. Cramer is accused of shoplifting $153.53 in merchandise from Kmart.

Sath Paul Dhanda, 31, of Lake Street, Batavia, is charged with aggravated criminal contempt. Dhanda allegedly went to his mother's home in Bethany in violation of a court order. Dhanda was jailed on $10,000 bail.

Andrew Ziemba Perdock, 24, of Dowd Road, Filmore, is charged with petit larceny. Perdock is accused fo stealing a quantity of prescription medication from another person in Bethany.

Bryan E. Benson, 22, of 7 Chestnut St., Batavia, is charged with unnecessary noise. Benson was charged following a complaint of loud music coming from his residence at 1:27 a.m., Saturday.

Passiona C. McConnell, 33, of 23 Harvester Ave., Batavia, is charged with dog running at large. McConnell was cited Friday for allegedly allowing her dog to run at large. Officer Matt Flemming reports that she had previously been warned against such action.

Lesha Vetter, 18, of 3243 Royce Road, Varysburg, is charged with harassment, 2nd. Vetter is accused of sending unwanted text messages to a person in Batavia.

A 60-year-old Elba resident turned himself into police today, reportedly admitting he was the driver involved in a minor-injury, hit-and-run accident on Vine Street on Thursday night.

Craig Yunker, 60, of 6464 Transit Road, Elba, was charged with leaving the scene of a personal injury accident and moving from lane unsafely.

Yesterday, Batavia Police issued a request for help in identifying the driver of a white pickup truck involved in an accident at 9:40 p.m., Thursday. The truck reportedly suffered heavy front-end damage in the head-on crash, but was reportedly able to drive from the scene.

The unidentified driver of the other car was transported with minor injuries to UMMC.

After turning himself in, Yunker was issued citations and ordered to appear in Batavia City Court at a later date.

A 19-year-old woman suffered minor injuries following a head-on collision at 9:40 p.m. Thursday, and police are looking for the driver of the vehicle that struck hers.

The other driver was able to drive his car from the scene and fled before police arrived.

The driver is described as age 50 or older, white male. He was driving a white full-sized pickup, possibly a Ford. The truck should have extensive front-end damage.

The identity of the accident victim, who was transported by Mercy EMS to UMMC for treatment, was not released.

Anyone with information that might assist in identifying the suspect driver is asked to call Officer Marc Lawrence at (585) 345-6350.

Shane Wheeler, 31, of Sackett Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, failure to reduce speed for hazard and moving from lane unsafely. Sheriff's Deputies responded to the area of routes 33 and 19 area following a complaint of a car on the road driving only on tireless rims. Upon arrival, deputies located fresh scrape marks on the roadway and followed the marks. An accident scene was located at the intersection of Lyman and Coward roads in Byron. The scrape marks continued north on Coward and onto the CSX railroad right-of-way. While searching the right-of-way, deputies discovered the vehicle had become stuck and was struck by a passing train. Wheeler was located, uninjured, and deputies determined he was allegedly operating the vehicle while intoxicated. The incident was investigated by deputies Howard Carlson and John Weis.

Grant A. Sundown Jr., 46, of Skye Road, Basom, is charged with felony aggravated unlicensed operation, 1st, DWI and aggravated DWI. Sundown was stopped at 8:25 a.m. Thursday on Lewiston Road, Oakfield, by Deputy Bradley Mazur.

Kevin Christopher Heschke, 25, of St. Marks Street, Le Roy, is charged with felony DWI and failure to keep right. Heschke was reportedly observed by a Le Roy Police officer swerving and driving left of the pavement markings on Church Street on Thursday night. Heschke reportedly fled his vehicle and was caught in a nearby backyard. He was jailed on $1,500 bail.

Jessica Marie Poodry, 22, of Bloomingdale Road, Alabama, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident, reckless driving, and failure to notify DMV of address change. Poodry is accused of leaving the scene of a personal injury accident at 1:35 a.m. Friday on Gilmore Road, Pembroke. The accident was investigated by Deputy Jason Saile.

Koro Karanja Prince , 18, of Troy Avenue, Brooklyn, is charged with criminal trespass, 2nd. Prince is accused of being in an apartment at College Village after being banned from the property.

Armekco Devanta Austin, 19, of Monica Street, Rochester, is charged with criminal contempt, 2nd, and criminal trespass, 2nd. Austin is accused of being inside a room at College Village after being banned from the property.

Joshua M. Gaudioso, 22, of 3232 Fillmore Ave., Caledonia, is charged with obstructing governmental administration, 2nd, and unlawful possession of marijuana. Le Roy Police assisted Sheriff's deputies in locating Gaudioso who was wanted on a warrant. Gaudioso allegedly struggled with officers when located. Following his arrest, a bag of marijuana and a pipe were allegedly found on him.

James Kenneth Goodenow, 40, of South Academy Street, Wyoming, is charged with petit larceny. Goodenow is accused of shoplifting from a store on Lewiston Road, Batavia. He was jailed on $500 bail.

Brian Thomas Kerwin, 23, of Country Lane, Geneseo, is charged with unlawful possession of marijuana. Kerwin was charged following a traffic stop at 6:09 p.m. Wednesday on Route 19, Le Roy, by Deputy Joseph Graff.

Nicholas Shawn Andrews, 32, South Lake Road, Pavilion, is charged with unlawful possession of marijuana. Andrews was was charged following a traffic stop at 6:09 p.m. Wednesday on Route 19, Le Roy, by Deputy Joseph Graff.

Lucas Daniel Allen, 20, of Horsehoe Lake Road, Batavia, is charged with unlawful possession of marijuana. Allen was charged following a traffic stop at 10:07 p.m. March 30 on Caswell Road, Byron, by Deputy Joseph Graff.

Mitchell Andrew Cummings, 19, of Byron Road, Batavia, is charged with unlawful possession of marijuana. Cummings was charged following a traffic stop at 10:07 p.m. March 30 on Caswell Road, Byron, by Deputy Joseph Graff.

Carrie Ann Rucinski, 25, of West Avenue, Medina, is charged with petit larceny. Rucinski is accused of shoplifting six items from Kmart on Tuesday.

Christopher Jonathan Feidner, 25, Middle Road, Gowanda, is charged with burglary, 2nd. Feidner is accused of entering the Oakfield apartment of his estranged wife without consent on two occasions in June. During the first alleged incident, Feidner reportedly stole two Xbox game consoles and two PlayStation game consoles along with their controllers. During the second alleged incident, Feidner reportedly stole two laptop computers. Feidner is currently an inmate at Collins Correctional Facility in Gowanda serving time on an unrelated felony conviction.

A 40-year-old Le Roy resident has been arrested, accused of growing marijuana without a license, which is a misdemeanor under York State Public Health Law.

Jose A. Martinez Jr., was also charged with criminal possession of marijuana, 5th, and criminal possession of a controlled substance, 7th.

While Title 7, Section 3382 of NYS Health Law makes it a crime to grow cannabis without a license, a Google search finds no provision in New York for obtaining a license.

Martinez was issued appearance tickets for Town of Le Roy Court and released following his arrest.

The bust came following an investigation by the Local Drug Task Force along with Le Roy Police, leading to the execution of a search warrant in the Village of Le Roy at the residence of Martinez on March 11.

Martinez was allegedly found in possession of a quantity of marijuana, a quantity of Darvocet and Ambien along with six marijuana plants.

UPDATE: I did find a reference on the NORML site that notes that the DEA has the ability to license -- though they never do -- farmers to grow hemp.

UPDATE: Article 33, Title 7 is the Controlled Substance Act, and it does contain provisions for licensing the manufacture and distribution of controlled substances. That seems to be the sections that apply here.

Matthew Joseph Stefani, 21, of Dodgeson Road, Alexander, is charged with harassment, 2nd. Stefani is accused of pushing another person to the floor during an incident at 3:19 a.m., Saturday.

Ronald M. Schutt Jr., 25, of Washington Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding (95 mph in a 55 mph zone), moving from lane unsafely, unlicensed operator, refusal to take breath test. Schutt was stopped at 3:36 a.m., Saturday, on Route 63, Town of Batavia, by Deputy Howard Carlson.

Christopher Aaron Saddler, 27, of Lydun Drive, Albion, was arrested on a warrant related to an aggravated unlicensed operation charge. Saddler was a passenger in a vehicle stopped for an alleged traffic violation in the Town of Oakfield. He was wanted on a warrant out of Batavia City Court and turned over to Batavia Police.

Michael Anthony Sweet, 25, of Walden Creek Drive, Batavia, is charged with unlawful possession of marijuana. Sweet's car was stopped at 1:43 a.m., Saturday, in the area of 5267 Route 33, Batavia, by Deputy Patrick Reeves. Reeves reported that he could smell the odor of burnt marijuana coming from the car. Sweet, the report reads, "eventually produced the suspected marijuana." 

Amy Elinore Bluhm, 23, of Morrow Road, Covington, is charged with aggravated unlicensed operation, 3rd. Bluhm's vehicle was stopped by Sgt. Greg Walker for allegedly traveling 70 mph in a 55 mph zone. Upon investigation, it was determined that Bluhm was allegedly driving on a suspended license and had a warrant out for her arrest. Bluhm was jailed on $500 bail.

Rebecca Ann Piechowiak, 21, undisclosed address, Darien, is charged with petit larceny. Piechowiak is accused of shoplifting from Target on at least three separate occasions. 

Michael Todd Dibble, 19, of Indian Falls Road, Pembroke, is charged with unlawful dealing with a child and unlawful possession of marijuana. Dibble is accused of hosting an underage drinking party at his home.

John E. Hehnen, 55, of Dorsch Road, Akron, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hehnen was stopped at 12:23 a.m. Sunday on Akron Road, Town of Pembroke, by Deputy Jason Saile.

Edwin Leroy Stancliff, 31, of Alleghany Road, Pembroke, is charged with a felony count of DWI, driving with a BAC of .08 or greater (second offense), failure to keep right, unlicensed operation, aggravated unlicensed operation. Stancliff was stopped at 1:44 a.m., Sunday, in the area of 1405 Little Falls Road, Pembroke, by Deputy James Diehl.

George Aden Vancleef, 48, of Oak Street, Akron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and driver's view obstructed. Vancleef was stopped at 12:36 a.m. Sunday on Akron Road, Pembroke, by Deputy Patrick Reeves.

Andrew L. Dailey, 28, of Washington Street, Spencerport, is charged with a felony count of aggravated DWI, a felony count of driving with a BAC of .18 or greater, moving from lane unsafely. Dailey was allegedly spotted in his car stopped in the middle of the intersection of Roanoke and Sweetland roads, Stafford, at 10:12 p.m. Saturday by Deputy Matt Butler.

A 17-year-old resident of Fairport is charged with unlawful possession of marijuana. The youth was stopped for alleged traffic violations at 5:31 p.m. Sunday, on I-490, Bergen, by Deputy Patrick Reeves. Reeves alleges that he could smell the odor of burnt marijuana come from the car. The youth was allegedly found in possession of marijuana.

Richard Dewey Smith, 18, of Macedon, is charged with unlawful possession of marijuana. Smith was a passenger in a car stopped for alleged traffic violations at 5:31 p.m. Sunday, on I-490, Bergen, by Deputy Patrick Reeves. Smith was allegedly found in possession of marijuana.

A 16-year-old from Ontario is charged with unlawful possession of marijuana. The youth was a passenger in a car stopped for alleged traffic violations at 5:31 p.m. Sunday, on I-490, Bergen, by Deputy Patrick Reeves. Smith was allegedly found in possession of marijuana.

Anthony James Aina, 39, of Allen Road, Albion, is charged with DWI, refusal to take breath test and consumption of alcohol in a vehicle. Aina was stopped at 12:47 a.m. Monday on Oak Orchard Road, Elba, by Deputy James Diehl.

Ronald M. Odessa, 38, of Batavia, is charged with DWI and a one-way road violation. Odessa was stopped at 2:20 a.m. Saturday in the City of Batavia by State Police.

The Local Drug Task Force busted a suspected drug dealer late Friday night and it turns out to be the same man who was wounded in an unexplained shooting on Indian Falls Road nearly a year ago.

Taken into custody was Carlos A. Torres Jr., 35, of West Main Street, Batavia.

He was stopped at 9:45 p.m. on Lyon Street, City of Batavia, for suspected traffic violations. He was found to allegedly be driving under the influence of drugs and allegedly carrying cocaine, crack and heroin with an estimated street value of more than $7,000. 

"The weight of the powder cocaine, along with the number of bags of both crack and heroin, on top of his $4,000 (in cash), is significant for this county," said Sgt. Steve Mullen, head of the task force.

Torres came to the attention of investigators in May 2010 when he showed up at UMMC with gunshot wounds. 

At the time, he claimed he had been walking down Indian Falls Road when a car pulled up behind him, somebody demanded his wallet, then shot him. He called a friend who drove him to the hospital.

At the time, investigators couldn't corroborate his story. No shell casings were found in the area and no witnesses were located.

Eventually, Torres became the target of a drug investigation, which lasted about six months.

Torres was charged with one count of inadequate muffler, one count of improper or unsafe turn, one count of driving while ability impaired by drugs, one count of unlawful possession of marijuana, three counts of criminal possession of a controlled substance, 3rd (intent to sell), and two counts of criminal possession possession of a controlled substance, 3rd (aggregate weight of the powder cocaine and crack).

Participating in the investigation and arrest were uniformed members of the Sheriff's Office, City of Batavia Police, Orleans County Major Crimes Task Force and the Gensee County District Attorney's Office.

A Batavia resident -- found by agents of the Local Drug Enforcement Task Force in possession of numerous packages of heroin -- entered a guilty plea this afternoon to a charge of criminal possession of a controlled substance, 5th.

Jarrett James Locicero, 21, of 320 W. Main St., admitted in Genesee County Court that he possessed heroin with the intent to sell it.

When he was arrested in mid-March, Locicero also possessed some marijuana, packaging for narcotics, a gravity knife and $4,000 in cash.

As part of a plea deal, Locicero will complete 28 days in substance-abuse treatment at Hope Haven. There were no conditions placed on his sentence. He will be sentenced following completion of treatment.

After a warrant was issued in March, Locicero was located in his car on Clinton Street, Batavia, and stopped by members of the task force and uniformed deputies. His apartment was also searched.

Following his arrest, Locicero was jailed without bail. He appeared in court today dressed in an orange jail jumpsuit.

His attorney, Earl Key, agreed to transport Locicero personally from the jail to the treatment program.

John Terry Boyce, 22, of Maple Avenue, Oakfield, is charged with unlawful imprisonment, 2nd, criminal obstruction of breathing or blood circulation, endangering the welfare of a child and harassment, 2nd. Boyce is accused of choking his girlfriend during an argument at 10:50 a.m., Thursday. He allegedly refused to let her leave the bedroom while holding their 1-year-old son in his arms.

Matthew L. Nagle, 22, of 34 Parkway Drive, North Chili, is charged with petit larceny. Nagle is accused of shoplifting from a supermarket in Le Roy.

Jason H. Freeman, 29, of Alden, is charged with petit larceny. The alleged crime took place in Alabama at 3:57 p.m., March 16. Freeman was arrested at the Genesee County Jail by State Police. No further details released.

Attorney Jerry Ader told a jury this afternoon that the case against his client rested on whether they believed the woman who claimed the defendant attacked her at knife point in her State Street apartment on Aug. 30.

After less than an hour of deliberation, the jury found Robert Thigpen III, 35, of 287 Flower City Park, Rochester, not guilty on all charges.

Thigpen was arrested in Batavia on Aug. 30 and charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. 

"There are only certain things can all agree on," Ader said as he began his closing argument. "We can agree Thigpen is black and Morgan is white, and that’s the only thing we can agree on in this case. There is nothing (else) about this case that is black and white."

Ader said if the jury didn't believe Christy Morgan's version of events, there was no physical evidence supporting the case against Thigpen. There were no fingerprints on the knife allegedly used by Thigpen, which was put back in a knife rack in the kitchen, and no evidence Morgan was harmed. He also said that there was no evidence a car parked two blocks from the alleged crime scene belonged to Thigpen.

Thigpen also allegedly made threatening and harassing phone calls to Morgan after his arrest. Ader said there was no evidence to support those claims either.

In his closing arguments, District Attorney Lawrence Friedman said police found Thigpen not far from the scene hot and sweaty -- perhaps he had been running, Friedman suggested -- after first being seen as he approached a car parked on Alva Place.

He suggested it isn't reasonable for there to be an answering-machine recording of mobile phone conservations and said, contrary to what Ader argued, that Morgan did not claim she received text messages.

Friedman also noted there was expert testimony explaining why that particular knife Thigpen was accused of using wouldn't have fingerprints on it.

What the defense was really trying to do, Friedman argued, was put the victim and the police on trial.

"People who lie have a reason to lie," Friedman said. "Why would she be making this up? This was her boyfriend a month earlier, so why would she make it up?"

Morgan testified that she went outside the evening of Aug. 30 to take her trash out and a man was hiding by the basement door of her apartment building. He then forced his way into her apartment, pushed her around, choked her, then grabbed a knife from the kitchen and threatened her with it for about a minute. He then put the knife back in its place in the kitchen and left.

Morgan testified that Thigpen was accusing her of being involved with another man.

She said didn't call 9-1-1 herself because a few days before she had dropped her phone in some Kool-Aid, so the buttons were stuck. She used the recent call list to call two friends and asked them to call 9-1-1.

The trial took only one day -- jury selection was Monday and opening arguments began shortly after 10 a.m., Tuesday.