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Law and Order: Stop for alleged broken window leads to charges for driver

By Howard B. Owens

Sarah Regina Orsini, 59, of Exchange Street, Rochester, is charged with driving while ability impaired by drugs, possession of untaxed cigarettes, unlawful possession of marijuana and driving with a broken windshield. Orsini was stopped at 11:40 a.m. Sunday on Route 77, by Deputy Joseph Corona.

Michelle M. Michael, 42, of West Seneca, is charged with petit larceny. Michael is accused of switching a price tag from a shirt to a more expensive jacket at Stan's Harley-Davidson and then paying for the mispriced jacket and leaving the store. The alleged switch was caught on surveillance video.

Gary Aton Williams, 54, of Lang Street, Rochester, was arrested on a warrant out of Gates related to a petit larceny charge. Williams was identified as a warrant suspect during a traffic stop at 7:38 p.m. Sunday on Route 262, Byron, by Deputy Joseph Graff. Williams as a passenger in the vehicle that was stopped for an alleged traffic violation.

Nelson Henry Nowicki Jr., 40, of Broadway Road, Darien, is charged with forcible touching. Nowicki allegedly forcibly touched another person.

Nicholas Ryan Donahue, 21, of Caraway Lane, Spencerport, is charged with possession of unstamped cigarettes, unlawful possession of marijuana and no front plate. Donahue was stopped at 8:08 p.m. Saturday on Judge Road, Alabama, by Deputy Joseph Corona. Donahue was allegedly in possession of 1,400 untaxed cigarettes.

Joseph R. Volasquez, 18, of Byron, is charged with criminal mischief, 3rd. The alleged incident was reported at 11:57 p.m. Sunday in Byron. Volasquez was arrested by State Police. He was ordered held on bond. No further details released.

Oakfield woman accused of selling oxycodone

By Howard B. Owens

An Oakfield woman has been arrested by the Local Drug Task Force, accused of dealing oxycodone in the City of Batavia.

Michele L. DiFalco, 26, of Webber Avenue, Oakfield, is charged with three counts of criminal sale of a controlled substance, 3rd, and three counts of criminal sale of a controlled substance, 3rd.

DeFalco allegedly sold oxycodone to an agent of the task force. She was arrested Thursday at her home.

Following arraignment today, DiFalco was put in the Genesee County Jail.

Law and Order: Two men accused of attempting to hide marijuana from police

By Howard B. Owens

Brandon James Spurling, 23, of Strouts Road, Elba, is charged with criminal possession of marijuana, 5th, criminal solicitation, 5th, and conspiracy, 6th. Co-defendant, Anthony Abraham, 27, of Main Road, Akron, is charged with conspiracy, 5th, and criminal possession of marijuana, 5th. Spurling allegedly asked Abraham to take possession of marijuana and hide it from police, and Abraham allegedly cooperated with Spurling. 

Richard David Flint, 48, of Fort Hill Avenue, Canandaigua, is charged with falsely reporting an incident, 3rd, and misapplication of property. Flint allegedly reported a burglary to his residence that did not occur. The property he reported stolen belong to two different rent-to-own stores. He allegedly sold the property without the stores' permission.

Katherine Lynn Urf, 54, of Dellinger Avenue, Batavia, is charged with petit larceny and conspiracy, 6th. Also charged, Joseph Michael Franchi-Platten, 31, of Dellinger Avenue, Batavia. Urf and Franchi-Platten are accused of working together to steal merchandise from Walmart.

Law and Order: Driver arrested on drug charges

By Howard B. Owens

Deborah E. Lamartina, 34, of Linnet Street, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 1st, DWAI/drugs, criminal possession of a hypodermic instrument and possession of a controlled substance not in original container. Lamartina was stopped at 3:12 a.m. March 21 on Oak Street, Batavia, by Officer Stephen Cronmiller.

Saphan Touch, 64, of Rochester, is charged with driving while ability impaired by alcohol, failure to stop at a stop sign and improper turn/no signal. Touch was stopped by State Police on Route 33, City of Batavia. Touch allegedly failed a field sobriety test. He was processed at the Batavia Barracks and administered a BAC test, which allegedly registered .07.

Danny J. Torok Sr., 47, of Spencerport, is charged with criminal possession o a weapon, assault and attempted assault. Torok allegedly used a steak knife during an argument in Oakfield with a family member and caused small cuts to the victim. He was jailed on $500 bail.

John Allen Thomas, 50, of State Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly spoke to a person he is barred by court order from contacting.

Travis L. Bartz Jr., 19, of Church Street, Alexander, was arrested on warrants for alleged false personation and endangering the welfare of a child, criminal mischief, 4th, and petit larceny. Bartz allegedly gave a false name to police officers in October. He also allegedly tried to break into a car by breaking a window.

Klarissa C. Price, 37, of 22nd Street, Niagara Falls, was arrested on a warrant for alleged failure to appear on an unauthorized use of a vehicle charge. Price was arrested by Niagara County Sheriffs and turned over to Batavia PD. She was jailed on $1,000 bail.

Shaqueta Lashaun Irvin, 23, of Highland Park, Batavia, was arrested on a warrant for allegedly failing to report for weekend jail terms related to a petit larceny conviction. Irvin was located in Family Court and taken into custody and jailed on $5,000 bail.

Teshawn A. Lang-Smith, 18, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to comply with a released under supervision contract. Lang-Smith turned himself in and released under supervision.

Kim Marie Mannix, 46, of Wishing Well Circle, Penfield, is charged with possession of more than 400 untaxed cigarettes. Mannix was stopped at 1:20 p.m. Tuesday on Route 77, Pembroke, by Deputy Patrick Reeves. Mannix allegedly possessed 2,360 untaxed cigarettes.

Batavia PD investigating series of larcenies from vehicles on Southside

By Howard B. Owens

Batavia PD is investigating five reported vehicle larcenies that occurred on Southside streets sometime Tuesday night and into Wednesday morning, said Det. Eric Hill.

Four of the vehicles were reportedly unsecured and one was locked, though the locked car was not damaged, Hill said.

The usual items were stolen, such as clothing, loose change, cigarettes and some credit cards.

"We would again like to remind citizens to make sure that their vehicles are secured and ensure that their key fobs are stored in such a way that they don’t accidentally unlock their vehicle," Hill said.

Suzanne Corona jailed on drug sale charge

By Howard B. Owens

Suzanne Corona

With the exception of a petit larceny charged a year ago, Suzanne Corona has pretty much been able to keep her name out of the news since 2011.

The 45-year-old Osterhout Avenue resident became an international sensation in June 2010 when he was caught in a sexually compromised situation on a picnic table in Farrall Park.

The illicit tryst for the married woman led to a rare criminal charge of adultery, which sparked news headlines in tabloids from New York to London to Australia. 

Over the next year, her exploits continued to make news, especially in Western New York, but then she faded from view.

Her arrest by the Local Drug Task Force on Tuesday has her facing her most serious criminal charges yet.

Corona is accused of selling suboxone to an agent of the task force.

She is charged with fourth-degree criminal sale of a controlled substance and fourth-degree criminal possession of a controlled substance.

The charges are the fist time she faces a possible felony conviction.

Corona was jailed pending a bail review today.

Top: File photo from 2011.

Woman tied to 420 Emporium pleads guilty to facilitating drug trade in federal court

By Howard B. Owens

A woman who once represented herself as an owner of a group of infamous smoke shops involved in the sale of bath salts and synthetic marijuana entered a guilty plea yesterday to a federal charge in connection with the drug sales.

Amber Snover, 24, faces up to four years in prison, a $250,000 fine or both after pleading guilty in U.S. District Court to using a communication facility to facilitate a controlled substance.

The chain of smoke shops was known as the 420 Emporium, and on social media, Snover claimed to be the owner of locations in Brockport, Fulton, Henrietta and Syracuse, though never claimed ownership of the Batavia location that was at 400 Ellicott St.

When bath salts were a hot issue in Batavia in 2012, The Batavian contacted Snover and she denied owning any of the stores before hanging up on a reporter.

She later called Greece police and tried to have the reporter arrested.

Public records uncovered later indicated Charles Fitzgerald owned the first four locations and Joshua Denise owned the Batavia location.

Fitzgerald and Snover were apparently living together at 21 West Hill Estates, Greece. Their home was raided on the same day, July 25, 2014, as the Batavia location as part of a nationwide DEA crackdown on synthetic drug manufacturing, sales and distribution

Authorities recovered more than $770,000 in cash at the Greece residence.

Snover's conviction covers a federal contention that the woman used a phone to order various synthetic controlled substance analogues for the store in Batavia.

She will be sentenced June 23.

The 420 Emporium employees arrested in the raids have entered guilty pleas to various charges and await sentencing.

Fitzgerald entered a guilty plea in January to possession of a controlled substance with intent to distribute and faces a possible maximum federal prison term of 30 years. He will be sentenced April 15.

Law and Order: Central Avenue resident accused of using gun in robbery and assault

By Howard B. Owens
Tyshon Taylo

Tyshon L. Taylor, 18, of Central Avenue, is charged with assault, 1st, robbery, 1st, unlawful possession of marijuana, and menacing, 2nd. Taylor allegedly pointed a handgun at another person while demanding property at a location on Central Avenue, Batavia, at 8:45 p.m., Friday. Taylor allegedly struck the individual in the head with the handgun and then punched the person. Eventually, Taylor took the property from the person. He allegedly possessed marijuana when arrested. A 16-year-old, whose name was withheld by police, was also arrested and charged with assault, 1st, and robbery, 1st.

Madalyn R. Muntz, 29 of Le Roy, is charged with grand larceny, 4th. Muntz, a former Walmart employee, is accused of stealing more than $1,500 in cash from November through February.

Nicole A. Mickey, 25, of Colonial Boulevard, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Mickey was arrested following a complaint of a disturbance at her residence at 11:48 p.m., March 16. Mickey allegedly drove from that location to another location while intoxicated.

Erin Kathleen Hinrich, 34, of Bank Street, Batavia, was arrested on a warrant for alleged possession of a hypodermic instrument. Hinrich turned herself in to Batavia PD.

Richard J. Stack, 23, of Thomas Avenue, Batavia, is charged with harassment, 2nd. Stack is accused of throwing items at a woman and flipping her out of a chair during an argument. He was jailed on $750 bail.

Deborah E. Lamartina, 34, of Linnet Street, Rochester, is charged with two counts of criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. Lamartina was allegedly found in possession of heroin and cocaine while already in custody on unrelated charges. She was jailed without bail.

Law and Order: Driver charged with DWI after leaving scene of reported argument in Bergen

By Howard B. Owens

Alexander Natal, 28, of Lake Street Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 3rd. Natal allegedly left the scene of an altercation in Bergen and drove a vehicle on Buffalo Road at 2:42 p.m. Saturday while intoxicated. Natal was stopped by Deputy Joseph Corona.

name redacted, 22, of Washington Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an unlicensed operation, 3rd, charge. xx posted $250 cash bail.

Seth R. Doster, 23, of Alleghany Road, Darien Center, was arrested on a warrant for alleged failure to appear on a parked on sidewalk charge. Doster turned himself in and was issued an appearance ticket.

McKayla J. Kosiorek, 20, of South Jackson Street, Batavia, was arrested on a warrant for alleged failure to pay fine imposed by City Court. Kosiorek turned herself in and posted $100 cash bail.

Maria K. Frieday, 41, of Franklin Street, Batavia, is charged with reckless endangerment, 2nd, and tampering with physical evidence. Frieday was allegedly involved in an incident at 1:45 p.m. March 12 at 127 North St., Batavia.

Kory R. O'Grady, 42, of River Street, Batavia, is charged with harassment, 2nd. O'Grady was charged following an alleged domestic incident reported at 4 p.m., Sunday. He allegedly pushed another person and threatened to kill everyone if his daughter was removed from the residence.

Brock Thomas Barry, 27, of Blackwell Lane, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and failure to stop at stop sign. Barry was stopped at midnight Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

John Joseph Simmons, 42, of Bedford Street, Rochester, is charged with unlawful possession of marijuana, failure to dim headlights, aggravated unlicensed operation, 2nd, and driving without an interlock device. Simmons was stopped at 2:02 p.m. Sunday on Route 77, Pembroke, by Deputy Michael Lute.

The Grand Jury of Genesee County also released the following indictment:

Justin L. Pyatt is indicted on a count of menacing a police officer or peace officer. It's alleged that Pyatt, on Feb. 16, while at 113 Jackson St., Batavia, did attempt to place a police officer in reasonable fear of physical injury or even death by displaying a knife.

Law and Order: Wanted suspect accused of heroin possession at time of arrest

By Howard B. Owens

Kirk Arnold Thomas Jr., 30, of Oak Street, Batavia, is charged with criminal use of drug paraphernalia, criminal possession of a controlled substance, criminal possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, and escape, 1st. Thomas was the subject of an investigation by Le Roy PD and the subject of a Town of Batavia Court warrant and was located by Batavia PD at Days Inn. At the time of his arrest he allegedly possessed a large quantity of heroin and drug paraphernalia.

Peter John Olander, 41, of Rochester Street, Bergen, is charged with obstruction of governmental administration, 2nd, and resisting arrest. Olander was arrested after deputies responded to a report of a disturbance in the Village of Bergen. Olander allegedly failed to comply with numerous lawful orders and/or warnings from deputies and physically resisted arrest when they attempted to place him in custody. Olander was jailed on $2,500 bail or $5,000 bond.

Christopher M. Colantonio, 35, of South Swan Street, Batavia, is charged with possession of a forged instrument, 2nd, and petit larceny. Colantonio was arrested as a result of an investigation in April 2014 into a complaint of stolen, forged and cashed checks. Colantonio is also charged with criminal sale of a firearm, 3rd, criminal possession of a weapon, 2nd, and grand larceny, 4th. The charges stem from a criminal complaint in November 2013 in which a family member reported a gun was stolen and sold.

Bryon Gilbert Keller, 20, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller was allegedly involved in an altercation with a family member, which was also a violation of a court order. Keller was jailed on $10,000 bail or $20,000 bond.

Samantha Jean Glendhill, 24, of Chapel Street, Mt. Morris, is charged with petit larceny and possession of burglar tools. Glendhill is accused of shoplifting from Kmart and using a bag to conceal the stolen items.

A 17-year-old resident of York Road, Pavilion, is charged with harassment, 2nd. The youth allegedly struck another person during an argument.

Erick Antonio Castaneda, 18, of Redman Road, Brockport, is charged with two counts of petit larceny. Castaneda is accused of shoplifting from Kohl's.

Law and Order: Man accused of stealing medication from co-worker

By Howard B. Owens

Joshua Allen Grosskopf, 24, of Porter Road, Medina, is charged with petit larceny. Grosskopf allegedly stole medication from a coworker at a business in Pembroke.

Robert L. Williams Jr., 24, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear. Williams was turned over to Batavia PD by State Police. Williams posted bail.

James A. Hancock, 45, of Porter Avenue, Batavia, is charged with aggravated criminal contempt, 1st. Hancock is accused of violating a stay-away order of protection. He was jailed on $10,000 bail.

Charles GT Williams, 36, of Robinson Road, Lockport, was arrested on a warrant for alleged failure to appear on a charge of aggravated unlicensed operation. Williams posted $500 bail and was released.

Cristal Lee Miranda, 23, of Myrtle Street, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Miranda turned herself in and posted $200 police bail.

Dustin T. Holman, 27, of Edgewood Drive, Batavia, is charged with harassment, 2nd. Holman allegedly stuck another person while at a location on Lewiston Road, Batavia.

Law and Order: Driver allegedly found with narcotics with intent to sell

By Howard B. Owens

Marquis K. Saddler, 24, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, driving without an interlock device, criminal possession of a narcotic drug, criminal possession of a narcotic drug with intent to sell and unlawful possession of marijuana. Saddler was arrested in the driveway of a residence on State Street following a complaint of alleged traffic offenses. Saddler was jailed without bail.

Harry R. Silliman, 51, of Batavia, is charged with criminal contempt, 2nd. Silliman allegedly violated an order of protection by contacting a family member he was ordered not to contact. Silliman allegedly made contact at the Corfu PD office. He was jailed on $250 bail or $1,000 bond.

Patti Ann Strange, 44, of Sumner Road, Darien, is charged with disorderly conduct. Strange allegedly became verbally and physically offensive while with Pembroke Intermediate School administrators. Strange was reportedly asked to leave the property and allegedly became verbally offensive and was physically removed from the property by a Corfu PD officer and a Sheriff's deputy. 

John James Hassler Jr., 34, of Ontario Center Road, Ontario, Canada, is charged with possession/transport of more than 400 untaxed cigarettes, aggravated unlicensed operation, speeding, driving without an interlock device, unlicensed operator. Hassler was stopped at 10:50 a.m., Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear. He was jailed on $100,000 bail.

Minerva Garcia, 35, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a parking ticket. Garcia posted cash bail and was released.

Law and Order: Byron man accused of stealing jewelry from homes

By Howard B. Owens

Justin L. Sanders, 23, of Byron-Holley Road, Byron, is charged with two counts of burglary, 2nd, and one count of grand larceny, 3rd. Larcenies were reported from a residence on Route 237, Byron, in late November through December and two burglaries occurred at a residence on Townline Road, Byron, on Jan. 13 and Jan. 20. Sanders is accused of stealing numerous items of jewelry from the homeowner where he was living. He allegedly stole more than $3,000 worth of jewelry. He allegedly stole coins, jewelry and electronics from the Townline Road residence. Sanders was previously arrested by State Police on similar charges and is being held in the Genesee County Jail. The case was investigated by Deputy John Duyssen and Deputy Joseph Graff and Investigator Kris Kautz.

Alexander L. Waide, 20, of Batavia, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and speeding. Waide was stopped by State Police on Route 98, Village of Attica. A field sobriety test was conducted. He was transported to the Warsaw barracks and evaluated by a certified Drug Recognition Expert from the Wyoming County Sheriff's Office. A urine sample was collected and sent to the crime lab for further analysis. He was released on an appearance ticket.

Gregory Richard Fitch, 33, of Woodstock Gardens, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 2nd, charge. Fitch turned himself in and posted $100 police bail.

Lewis C. Rhodes, 36, of Summit Street, Batavia, is charged with coercion, 1st, and menacing, 2nd. Rhodes was allegedly involved in a domestic dispute at 3:12 p.m., Sunday. The victim alleges that she was threatened by Rhodes with a handgun. Rhodes was ordered held without bail.

A 17-year-old resident of South Swan Street, Batavia, is charged with harassment, 2nd. The youth, whose name was withheld by police, allegedly threatened another person several times over a period of two months.

Adam Daniel Smart, 32, of Washington Avenue, Batavia, is charged with two counts of criminal contempt, 2nd. Smart allegedly violated a complete stay away order of protection.

Tyquawn D. Bethel, 24, of East Main Street, Batavia, is charged with burglary, 2nd. Bethel was arrested in relation to an alleged incident reported Feb. 11. No further details released.

James A. Hancock, 45, of Dellinger Avenue, Batavia, is charged with harassment, 2nd. Hancock allegedly pushed and shoved another person during an argument. Hancock was jailed on $1,000 bail.

Ralph A. Golding III, 50, of Buell Street, Akron, is charged with petit larceny, public lewdness and escape, 3rd. Golding allegedly stole $5 in quarters from machines at Dollar General. Golding allegedly engaged in a lewd act while in custody at Batavia PD. He also allegedly tried to escape by defeating the lock mechanism on the holding room door. He was jailed on $2,500 bail or $5,000 bond.

Justine D. McWethy, 28, of Fairway Drive, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. McWethy was allegedly found in possession of heroin and glassine baggies.

Thomas E. Hansel, 31, of Oak Street, Batavia, was arrested on a bench warrant for alleged failure to appear on a possession of burglary tools charge. Hansel was located at Days Inn and taken into custody. He was jailed on $500 bail.

Tonya D. Smith, 29, of Oak Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of operating while registration suspended or revoked. Smith was located at the Days Inn and taken into custody. Smith was jailed on $100 bail.

Joseph Michael Dispenza Jr., 21, of East Main Street, Batavia, was arrested on a warrant stemming from a DWI charge. Dispenza allegedly violated terms and conditions of City Court's DWI Treatment Court. Dispenza allegedly turned up at intermittent incarceration while under the influence of alcohol. He was jailed on $100,000 bail.

Michael J. Robbins, 55, of Lake Street, Le Roy, is charged with criminal possession of a forged instrument, 2nd. Robbins allegedly cashed a forged personal check at the drive-up window of the Five Start Bank on East Main Street, Batavia.

Michael Joseph Myers Jr., 56, of Roosevelt Highway, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and moved from lane unsafely. Myers was stopped at 12:11 a.m., Saturday, on Route 237, Stafford, by Deputy Joseph Corona.

Tanyana Reedidizie Bell, 23, of Ross Street, Batavia, is charged with criminal mischief, 4th. Bell allegedly damaged property belonging to Pandora's Boxxx.

Kevin Lloyd Kenyon, 60, of Golden Pond Estates, Akron, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Kenyon was stopped at 8:27 p.m. Friday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Henry Leon Polanowski, 35, of North Pearl Street, Oakfield, is charged with unauthorized use of a vehicle. Polanowski allegedly drove another person's vehicle without permission. He was jailed on $1,000 bail.

Andrea Nichole Kirch, 26, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding. Kirch was stopped at 2:01 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. A 16-year-old resident of Pratt Road, Batavia, was also charged with unlawful possession of marijuana. 

Joseph Hur Bianchi, 33, of Northgate Manor Avenue, Rochester, is charged with unlawful possession of marijuana and inadequate stop lamps. Bianchi was stopped at 12:05 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jenna L. Brodzinski, 31, of Rochester, is charged with petit larceny and criminal possession of a controlled substance. Brodzinski was arrested by State Police for allegedly shoplifting from Target. No further details released.

Norman M. Bialuski, 45, of Brockport, is charged with DWI and driving with a BAC of .08 or greater. Bialuski was stopped at 2:32 a.m. Sunday at East Main and Clinton streets, Batavia, by State Police.

Grand Jury: Man indicted for possessing and promoting child sexual performances in Le Roy

By Billie Owens

Kyle B. Sovocool is indicted on 13 counts of the crime of possessing a sexual performance by a child, a Class E felony. On Feb. 13, 2014, in the Town of Le Roy, Sovocool allegedly knowingly had in his possession or control, or knowingly accessed with intent to view, performances which included sexual conduct by a child less than 16 years of age. In addition, Sovocool is indicted on 13 counts of promoting a sexual performance by a child, also a Class E felony, by allegedly producing, directing or promoting performances which included sexual conduct by a child less than 17 years of age. In count 27, he is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing an electronic dart gun, contrary to Penal Law Section 265.01.

Timothy M. Ryan is accused of second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling in the Town of Pembroke on Sept. 12 with the intent to commit a crime.

Shannon A. Caton is indicted for the crime of driving while intoxicated, as a Class E felony. On Nov. 19, she allegedly drove a 2014 Ford Escape on Main Street, Batavia, while intoxicated. In count two, she is accused of the crime of attempted escape in the second degree, a Class A misdemeanor, for allegedly attempting to escape from custody at Batavia PD headquarters following her arrest on the DWI charge. In addition, the District Attorney has filed Special Information on the indictment accusing Caton of having been previously convicted of felony DWI on March 1, 2005 in Monroe County -- thus within 10 years of the crimes now alleged.

Pierre A. McCullen and Christopher A. McCullen are indicted on five counts of fourth-degree grand larceny, a Class E felony, for allegedly stealing credit or debit cards and gifts cards from a person in the Town of Pembroke on Jan. 25.

James T. Saddler III is accused of offering a false instrument for filing in the first degree, a Class E felony. He allegedly knew that a Consent to Search Waiver contained a false statement or false information, and with the intent to defraud the State or public, offered or presented it to officials with the knowledge or belief that it would become public record.

The Genesee County Grand Jury returned No Bill on five counts of fourth-degree grand larceny against Craig A. Elston. The jurors issued the negative finding after considering evidence related to incidents which allegedly occurred on Jan. 25 in the Town of Pembroke.

Stafford man accused of dealing drugs in Batavia

By Howard B. Owens
Joseph Wind

After observing what agents believed was a drug deal in a commercial parking lot off Main Street in Batavia, members of the Local Drug Enforcement Task Force and officers with Batavia PD conducted a traffic stop on the vehicle and made an arrest.

Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, is charged with two counts of criminal sale of a controlled substance, 3rd, two counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd.

Wind was allegedly found in possession of heroin.

Also arrested was Catherine A. Norton, 32, of Ellicott Street, Batavia, who was charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Wind is also facing alleged traffic violations. 

He was jailed without bail.

Law and Order: Syracuse man accused of transporting more than 10K untaxed cigarettes

By Howard B. Owens

Andrew John Schaff, 50, of East Genesee Street, Syracuse, is charged with criminal tax fraud (a Class E felony), possession and transport of more than 10,000 untaxed cigarettes (felony), failure to keep right and moving from lane unsafely. Schaff was stopped at 1:38 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. Schaff was allegedly found in possession of more than 10,000 untaxed cigarettes. Also charged with possession or transport or offer for sale unstamped cigarettes was Jason Christopher Landers, 36, of Lillian Avenue, Syracuse.

John Anthony Tambe Jr., 36, of Burrows Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and aggravated unlicensed operation, 3rd. Tambe was stopped at 10:40 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 3,400 untaxed cigarettes.

Motions seek dismissal of charge against woman who thought she was grandmother to Baby Chandler

By Howard B. Owens
Jeffrey Deats and Chandler Zuchs

Motions filed in the case of a woman who thought she was the grandmother of a baby who died while in the care of her son seek to have a criminal charge against her dismissed, both because of a lack of evidence and "in the interest of justice."

Jacquelyn P. Deats, Olyn Avenue, Batavia, is charged with acting in a manner injurious to a child under 17 years old.

The charging document asserts, "On December 14, 2014, at about 7:00 a.m., while at 10 Olyn Avenue in the City of Batavia, New York, the Defendant did fail to provide and/or seek medical assistance for Chandler Zuchs dob May 20, 2014, while knowing that Zuck was suffering from serious medical symptoms. All contrary to the provisions of the statements made and provided herein."

There's simply no evidence to support the assertion, argues Attorney Thomas Burns, who is representing Deats.

There's no direct knowledge or witness statements to support the assertion that Deats knew Baby Chandler was suffering from serious medical symptoms at that time and that she had any knowledge that Baby Chandler had been mistreated.

Baby Chandler was in the care of Jeffery Deats, a 28-year-old Batavia man, who believed, based on representations by the baby's mother, Michelle Zuchs, of Tonawanda, that he was the baby's father.

Subsequently, Jeffrey had many visits with Chandler. He posted several pictures of Chandler, and of himself with Chandler to social media sites in the months prior to Chandler's death. The Dec. 13-14 visit was reportedly the first overnight visit.  

After Chandler's death from apparent brain injuries, Jeffrey Deats was arrested. A day after news came out that Jeffrey Deats wasn't the baby's father, Jeffrey Deats attempted to take his own life by hanging himself with a bedsheet in his jail cell.

Jeffrey Deats died as a result of his injuries four days later.

In a statement to police about the events of Dec. 14, Jacquelyn Deats, said she heard Chandler crying off and on throughout the night and that she woke up around 5:30 a.m. Sunday morning because she was thinking about going to church.

A half hour later, she said, she heard Chandler crying loudly, like he was screaming.

"I heard Jeff stomping down the stairs and he was calling, 'mom, mom' several times," Jacquelyn Deats said. "He sounded very upset. I said that I was in the bathroom. When I came out, Jeff was holding Chandler so that Chandler's head was on Jeff's shoulder. Jeff said, 'He's been up all night and I need to sleep.' Jeff was really upset. He laid Chandler on the couch and said, 'Now, you go to sleep you goddamn bastard,' and he turned around and went upstairs."

It would be another two-and-half hours before Jacquelyn Deats called for an ambulance, according to statements to police, which were made public when Jeffrey Deats was arrested.

Even if Judge Robert Balbick, the City Court judge who will be asked to rule on the motions, doesn't dismiss the charge for lack of evidence, he should do so "in the interest of justice," Burns argues.

"In the interest of justice" is a well-established motion in the legal system and has a series of criteria that should be met before a judge agrees to dismiss the case.

In order to establish the criteria, Burns argues:

  • That Jacquelyn Deats has no prior criminal history, has no history of drug or alcohol abuse, no mental health issues and is gainfully employed;
  • While the death of a baby is a serious criminal matter, there's no evidence Jacquelyn Deats was involved in Baby Chandler's death; "However, the charge as filed seeks to hold the Defendant accountable for her conduct after the injury already occurred to the child." Deats, Burns writes, "neither witnessed nor had knowledge" that the injuries occurred;
  • The evidence doesn't support an assertion that Jacquelyn Deats caused harm to the child, and even if she had knowledge of a serious injury and did not act, there's no evidence that any action should could have taken would have changed the outcome;
  • Jacquelyn Deats has suffered significant trauma as a result of these events, from the death of a child at the time she believed to be her grandchild, the death of her own child, and learning that Baby Chandler was not her son's son; "She has endured a substantial amount of stress and hurt and expressed deep regret for the death of the child and the tragic loss of her son Jeffrey";
  • Because Jacquelyn Deats has no drug or alcohol issues, a conviction is not necessary to effect rehabilitation;
  • The charge against her is only a misdemeanor, which for a person with no criminal record is not likely to result in any length of jail term;
  • Jacquelyn Deats is no threat to the community and dismissal would ensure she remains a contributing member of the community;
  • A conviction would serve no useful purpose; "This case also represents a series of poor choices and lack of judgement on the part of the deceased son of the Defendant, the mother of the deceased child and the Defendant now standing before the court," Burns writes. "There are simply no winners and losers in this case. No conviction will change these horrible facts. However, it is submitted that continued prosecution of Jacquelyn Deats will serve only to add to the layers of tragedy already existing with no legitimate purpose."

The prosecution has not yet filed its answer. Balbick will consider the motions at a later date.

Starting today, law enforcement starts six-day STOP-DWI St. Patrick's Day Crackdown

By Billie Owens

Press release:

Genesee County STOP-DWI Coordinator Matt Landers has announced that Genesee County law enforcement agencies will participate in a special enforcement effort to crackdown on impaired driving from March 13-18 in conjunction with St. Patrick's Day celebrations.

The Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department are all taking part in the crackdown.

St. Patrick’s Day Weekend is historically a deadly period for impaired driving. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force in this across the board effort to reduce the number of alcohol related injuries and deaths.

Genesee County Undersheriff William Sheron said: “We know the history of impaired driving on and around St. Patrick’s Day. With this in mind, we will have extra patrols on duty to help ensure the safety of our highways during this time.”

The STOP-DWI St. Patrick’s Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association and funded by local STOP-DWI programs as well as the STOP-DWI Foundation and the Governor’s Traffic Safety Committee. This partnership has allowed local programs to significantly increase their enforcement and public awareness efforts.

The Statewide STOP-DWI Crackdown Campaign also targets Memorial Day, 4th of July, Labor Day Weekend, Halloween and the national Holiday Season in December.

You can help to make a difference by Having a Plan! Download our new mobile app – “Have a Plan” and you will always be able to find a safe ride home www.stopdwi.org/mobileapp

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

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