crime

The young man reportedly behind the wheel of a pickup truck that took out a utility pole on Law Street early this morning, causing a power outage in the area, was charged with DWI.

Joseph P. Pratt, 20, of 70 Church St., Le Roy, and a passenger were transported to an area hospital and treated for non-life-threatening injuries.

According to police, Pratt failed to negotiate a curve on Law Street in the area of 2 Law St., Batavia.

The 2010 Chevy Silverado hit the pole, which snapped in half.

Pratt was charged with DWI, speed unreasonable and prudent and refusal to take pre-screen breath test. Additional charges are pending. 

Power was restored to the area about 10:30 a.m.

(Initial Report)

UPDATE 8:40 p.m.: Photo added. National Grid crews are still on scene completing repairs to the broken pole.

A 17-year-old has been charged with three felonies after being observed allegedly selling narcotics on school grounds in Alexander.

Nicholas David Frayne, of Chick Road, Darien, is charged with criminal sale of a controlled substance on school grounds, criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of controlled substance as a Class A misdemeanor. 

The alleged sale was reported at 9 a.m. Tuesday at Alexander Central School.

Officials did not say who observed the alleged sale.

The case was investigated by Deputy Patrick Reeves and Sgt. Greg Walker.

Frayne was arraigned in Town of Alexander Court and released under supervision of Genesee Justice.

Stephen J. Turkasz, 24, of East Main Street, Batavia, is charged with criminal contempt, 2nd. Turkasz is accused of posting photos of people who are the subject of a protective order on a social media Web site, in alleged violation of the order of protection.

Malcolm A. Kea, 27, Porter Avenue, Batavia, was arrested on a warrant related to a charge of operating while registration suspended or revoked. Kea was arrested at his residence for alleged failure to appear.

Curt Thomas Randall, 27, of Swamp Road, Bergen, is charged with unlawful possession of marijuana. Randall was stopped for an alleged traffic violation at 4:05 p.m. Wednesday on Byron Holley Road, Bryon, by Deputy Joseph Corona.

Benjamin G. Evans, 26, of Batavia, is charged with petit larceny. Evans is accused of stealing from Tops Market, Batavia. Evans was arrested by State Police.

After first providing her alcohol in April, a Batavia man allegedly subjected a 16-year-old girl to unwanted sexual contact according to state troopers in Warsaw.

Charged with sexual abuse, 1st, criminal sexual act, 3rd, and unlawful dealing with a child is 24-year-old Preston Matthew Ruble.

Ruble allegedly served alcohol to two teenage girls, one 16 and the other 17, on the night of April 12 and 13, then sexually abused the younger girl.

Ruble was arraigned in Village of Warsw court and jailed in Wyoming County on $20,000 bail or $40,000 bond.

An attorney representing Scott F. Doll has filed a motion to vacate the former Corfu resident's 2010 murder conviction on the grounds that Doll's rights were violated the night of his arrest and his trial counsel's failure to raise the issue of specific rights being violated constituted inadequate representation.

Timothy Murphy is also asking for DNA testing on fingernail scrapings from the victim, Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business.

Murphy argues in a 22-page motion that there was no probable cause to detain Doll for more than three hours the night of the murder and then later transport him to the Sheriff's Office for further questioning.

Doll previously lost an appeal over the police interrogation, despite the fact he was never read his Miranda warnings, under a legal theory known as the "emergency doctrine," which allows police questioning if they believe a person's life may be in danger.

The night of Feb. 19, 2009, emergency dispatchers received a call about a suspicious condition on North Lake Road, Pembroke. 

Deputy James Diehl responded to the scene and located Doll walking on North Lake Road in overalls and carrying a tire jack in one hand.  

When Diehl approached, he noticed that Doll's overalls were covered in blood.

At one point, Doll claimed it was blood from a deer he had recently butchered.

At the time, there was no missing person report on Benaquist and his body wouldn't be found for another four and a half hours.

In arguing for the emergency doctrine exception for questioning Doll on North Lake Road and later at the Sheriff's Office, the prosecution contended that deputies and investigators found the blood suspicious and Doll's inconsistent statements troubling.

They suspected a crime had been committed and that perhaps a victim was still alive and in need of assistance, thereby justifying trying to get information out of Doll that might lead them to a victim.

Murphy argues that in rejecting Doll's appeal on those grounds, the Appeals Court found that there was no probable cause for taking Doll into custody and then transporting Doll to the Sheriff's Office.

There is prior case law that prohibits both actions without probable cause, according to Murphy's motion.

Detaining Doll for three hours at the scene exceeds the police's authority to "stop and frisk" a person under suspicious circumstances, Murphy argues.

The failure of Doll's defense counsel, led by nationally renowned defense attorney Paul Cambria, and assisted by Daniel Killelea, to object during the trial stage to the custody and transport of Doll constitutes a procedural error that compromised Doll's right to a fair trial.

Assistant District Attorney Will Zickl has written a response, but it has not yet been filed with the court, so it's not yet a public document. 

A hearing on the motion was scheduled for this morning, but was postponed to March 10 to give Murphy more time to read and respond to Zickl's answer.

For previous coverage of Scott Doll, click here.

Jessica Lynn McGowan, 29, of Attridge Road, Churchville, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, and unlicensed operator. McGowan was arrested following an investigation by Deputy Bradley Mazur into a situation on Route 19, Le Roy, at 9:44 a.m. Sunday. She was jailed on $500 bail.

Dana M. Faiello, 32, of East Avenue, Hemlock, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. Faiello was taken into custody by State Police in Geneseo and turned over to Batavia PD. She paid $100 bail and was released.

James A. Chase, 35, no residence, Batavia, is charged with violation of sex offender registry. Chase was the subject of a warrant and following pubication of his status as a wanted person Friday, Chase turned himself in at Batavia PD headquarters. He was jailed without bail.

Stephen S. Bogle, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bogle was arrested after police responded to the parking lot of the Richmond Memorial Library to check on a reported suspicious vehicle.

Kevin Charles Greene, 60, of West Main Street, Batavia, is charged with petit larceny. Greene allegedly stole $37.42 in merchandise from Walmart.

Pierre A. McMullen, 32, of Buffalo, Christopher A. McCullen, 43, of Buffalo, and Craig A. Elston, 30, of Buffalo, are all charged with criminal possession of stolen property, 4th. The three were arrested in an ongoing investigation into an incident reported at 11:55 a.m., Jan. 25. The investigation is being conducted by State Police. All three were held on cash bail. No further details released.

Robert P. Nowak, 57, of Pembroke, is charged with menacing, 2nd, criminal possession of a weapon, 4th, and making a terrorist threat. The alleged incident was reported at 3:30 a.m., Saturday. The case is being handled by State Police. No further information released.

A former Marchias resident has been identified as the Attican Motel resident who told authorities he was armed Friday night, leading to a four-hour standoff that ended after the use of teargas. He's been charged with a felony.

Michael A. Balla, 39, was arrested by Attica PD, Chief Dean Hendershott announced this evening, and he is being held in the Genesee County Jail on $10,000 cash bail or $20,000 bond.

Balla is charged with falsely reporting an incident, 2nd. 

Authorities say Balla called 9-1-1 and reported that he had a loaded gun, that he did not want anyone coming there because there would be an explosion when they walked in the door. 

Hendershott was dispatched to the scene and he requested backup from deputies in both counties along with State Police.

A State Police negotiator tried to talk Balla out of the Attican's Room 101 and the State Police robot was used at one point to check the room and as a communications device to try and convince Balla to surrender.

When he didn't teargas was fired into room. 

After being taken into custody, Balla was transported to Wyoming County Community Hospital for treatment of an apparent overdose and a mental health evaluation. 

He was arrested on the charge when he was released from care at 3:30 p.m.

Balla is schedule for a felony hearing at 4 p.m. Feb. 10 in Alexander Town Court.

The investigation is ongoing and additional charges are pending.

Press release:

The Batavia Police Department has received several complaints of an organization claiming to be an affiliate of the “Organization for Police Officers,” or “Batavia Police Union,” soliciting money to donate to the Police. The Batavia Police Department and Batavia Police Benevolent Association are not soliciting donations via telephone. The Batavia Police would also like to use this time to remind everyone not to give out personal information over the telephone. IE: Social Security numbers, bank account numbers, addresses.

Jasmine Jaquana Allen, 20, of Batavia-Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Allen was arrested following a complaint of marijuana smoking inside dorm rooms at College Village.

Justin Elwell Jr., 31, of Miller Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a parking between 2 and 6 a.m. ticket. Elwell turned himself in to Batavia PD. He posted $100 bail.

Adam Daniel Smart, 32, of Clinton Street Road, Batavia, was arrested on a warrant for alleged failure to appear on an endangering the welfare of a child charge. Smart allegedly failed to appear on for a pre-sentence interview with the Probation Department. Smart was jailed on $2,500 bail.

Jeffrey Cole Thompson, 19, of Swamp Road, Byron, is charged with unlawful possession. Thompson was charged following a traffic stop for an alleged traffic violation at 9:15 p.m. Thursday on Reed Road, Bergen, by Deputy Joseph Corona.

The owner of a local medical office has been arrested a fourth time for allegedly issuing bad checks, though the latest charge stems from checks written before he owned the business, according to Det. Eric Hill, Batavia PD.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, was charged today with grand larceny, 3rd, for allegedly writing a bad check to Haun Welding Supply.

He was charged with theft this time, police say, because the check enabled him to allegedly steal refrigerated helium liquid.

Hill said the incident was a business transaction.

In November, Zdrojewski was charged with three counts of issuing a bad check.

The checks were written to Turnbull Heating and Air Conditioning in June and August.

Turnbull has filed for a mechanic's lien against Zdrojewski totaling $13,242.

Earlier that month, Zdrojewski was arrested on another charge of issuing a bad check for allegedly writing a bad check to another local business.

He was also reportedly arrested in September on four counts of issuing a bad check for allegedly writing checks to local businesses that wouldn't clear.

According to Hill and other sources, Zdrojewski is currently the owner of Advanced Imaging in City Centre, however he wasn't the owner at the time the alleged bad checks were written on the business account. 

His LinkedIn profile states he was previously practice manager at Advanced Imaging.

There may be other local victims of a 22-year-old rape suspect who was arraigned yesterday in county and city courts, according to Batavia PD.

Kesean Shannon, of Hutchins Street, Batavia, is charged with three counts of sexual abuse 1st, two counts of sexual abuse 3rd and one count of sexual misconduct.

The charges are the result of two separate investigations into allegations that Shannon engaged in sex crimes against two girls, age 15 and 16 and with a victim who is 30 years old.

The alleged abuse occurred in 2012 and 2013.

Investigators believe there may be other victims.

Anyone with information that may assist in the investigation are asked to call Det. Kevin Czora, Batavia PD, at (585) 345-6350.

Within the past couple of days there have been two hit-and-run accidents with suspect vehicles still at large.

The Sheriff's Office is looking for a black pickup truck with front-end damage that hit another vehicle on East Main Road, Le Roy.

They are also looking for a silver or gray Mazda that hit a utility pole and fire hydrant on Swamp Road, Bergen. That vehicle sustained driver side front-end damage and passenger side damage.

No further details available at this time.

Tips can be phoned into the Sheriff's Office at (585) 343-5000.

Press release:

A warrant has been issued for a Level 3 sex offender, James A Chase, who failed to report for his 90-day verification.  

The Batavia Police Department is looking for help from the community in locating him. 

James A. Chase is about 6’2” and weighs 240 pounds. He is listed as homeless on the City of Batavia Sex Offender page. 

He  is usually wearing camouflage and sometimes wears a face mask when he is walking. 

If anyone has information call the City of Batavia Police at 345-6350 or Officer James Defreeze at 345-6365.

UPDATE 2 p.m.: James Chase turned himself in. He is being arraigned in City Court this afternoon. Police say more information will be released later.

A 22-year-old resident of Hutchins Street, Batavia, is facing a group of sex crime charges after being arraigned this afternoon in both City Court and County Court.

Judge Robert C. Noonan unsealed a two-count indictment against Kasean L. Shannon. He is charged with sexual abuse in the first degree and sexual misconduct.

Shannon is accused of subjecting another person to sexual contact while the victim was unable to give consent by reason of being physically helpless.

He is also accused of engaging in sexual intercourse without the other person's consent.

In City Court, before Judge Micheal Del Plato, Shannon was arraigned on two charges of sexual abuse.

"I believe there may be further charges coming based on my conversation with law enforcement and District Attorney Friedman," his attorney Jamie Welch told Del Plato.

Also pending for Shannon are a criminal contempt charge and an unlawful possession of marijuana charge.

At the time of both arraignments, Shannon was in custody and came dressed in the Genesee County Jail orange jumpsuit.

Welch didn't ask for a bail review in either court and Noonan ordered Shannon held without bail.

The attorney also said he isn't ready to bind the case over to the Grand Jury and said he doesn't plan on seeking a preliminary hearing.

Other Grand Jury indictments released today:

Crystal L. Marsceill is indicted on a count of bail jumping, 2nd. It's alleged that Marsceill failed to appear on a criminal court case nor voluntarily within 30 days of her scheduled court appearance.

Kassidy R. Watson is indicted on one count of tampering with physical evidence. Watson is accused of tampering with physical evidence she believed was about to be produced or used in an official proceeding with the intent to prevent the evidence from being produced.

A 21-year-old Batavia resident who entered a guilty plea last month to a pair rape charges received a near maximum prison term from Judge Robert C. Noonan today in County Court.

Maleak H. Green, most recently a resident of Ellicott Street, admitted Jan. 7 raping two girls, age 16 and age 15.  He pled guilty to two counts of rape 3rd in a deal that capped his sentence on both counts to four years in prison, to be served concurrently.

He also entered a guilty plea to criminal contempt 1st with a sentence cap of 1 1/3 to 4 years in state prison.

That sentence could have been given to Green consecutive to his rape sentencing, making a maximum possible sentence of 5 1/2 to 8 years.

Noonan gave Green concurrent terms on all three counts.

Green was charged with rape in the third degree because of the age of the victims, but District Attorney Lawrence Friedman said if the case had been presented to a grand jury, he would have sought an indictment on rape in the first degree, alleging force, along with other criminal charges.

Friedman made the statement while asking for the maximum prison time available in the plea deal.

"It is our position that this defendant received substantial consideration in being able to enter this plea," Friedman said.

Green made no statement to Noonan.

Justin Michael Cahoon, 23, of West Main Street, Batavia, is charged with identity theft, 3rd. Cahoon is accused of making unauthorized charges to another person's checking account.

Ronald Jason Scroger, 34, of Swan Street, Batavia, is charged with criminal trespass, 3rd. Scroger is accused of entering Walmart after being previously banned.

Sarah Mae Wilson, 30, of Hutchins Street, Batavia, is charged with violation of order of protection. Wilson allegedly contacted the protected party via telephone at the Genesee County Jail.

Melissa C. Verton, 35, of South Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a registration suspended/revoked charge. Wilson was arrested at her residence.

Jon N. Roblee, 39, of Liberty Street, Batavia, is charged with resisting arrest, third-degree assault 3rd, and assault, 2nd. Roblee allegedly pulled the hair of another person, causing hair to be pulled out of that person's head and causing pain. He also allegedly punched the victim in the chest. He allegedly resisted arrest and struck an officer in the face, causing injury. Roblee was ordered held without bail.

Michael John Henry, 48, of Hutchins Street, Batavia, is charged with endangering the welfare of a child and criminal obstruction of breathing. Henry allegedly choked another person while in the presence of a child. An order of protection was issued.

Kevin J. Weber, 44, of Columbia Avenue, Batavia, is charged with criminal mischief. Weber allegedly damaged a door at a residence on Columbia Avenue during an argument. Weber was jailed on $2,500 bail.

Ryan L. Weber, 35, of North Lyon Street, is charged with operating a vehicle without valid inspection. Weber was arrested on a warrant for alleged failure to appear on the charge following a traffic stop.

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and conspiracy, 5th. Bush allegedly forged the signature of another person on a check issued by DSS. Bush allegedly conspired with another person in the forgery.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with possession of a forged instrument, 2nd, conspiracy, 5th, and petit larceny. Mayl allegedly possessed and cashed a check issued to another person by DSS. Mayl allegedly conspired with another person in the scheme.

Jessica Leeann Bovier, 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding (59 in a 45 mph zone). A 17-year-old passenger resident of Genesee Street, Pembroke, was also charged with unlawful possession of marijuana. Bovier was stopped at 12:13 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Byron R. Lee, 48, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an attempted petit larceny charge. Lee turned himself in and posted $150 bail.

Sarah M. Wilson, 30, of Hutchins Street, Batavia, is charged with harassment, 2nd, two counts of reckless endangerment and one count of endangering the welfare of a child. While a passenger in a moving vehicle, Wilson allegedly hit the driver in the face. A 3-month-old child was in the vehicle at the time of the alleged incident. Wilson was jailed on $1,000 bail.

Christina A.M. Deluna, 34, of Liberty Street, Batavia, was arrested for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd. Deluna was taken into custody at the Monroe County Jail. Following arraignment, Deluna was released on her own recognizance. 

Jordan M. Briggs, 27, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Briggs was allegedly in an establishment on West Main Street after being told to leave. He allegedly struck another person while being escorted from the property. 

Steven A. Hill, 44, of Star Street, Medina, is charged with criminal contempt, 2nd. Hill turned himself in on a warrant. He allegedly left a voice mail on the phone of a person who was protected by court order. 

Heather Lynn Draper, 25, of East Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Draper turned herself in and was released on her own recognizance.

Brian K. Laird, 20, of Wallace Street, Batavia, is charged with criminal trespass, 2nd. Laird allegedly entered a location on Oak Street through a window after being told he was no longer welcome at that location.

Jessica M. Pfenninger, 32, of Batavia, is charged with petit larceny. Pfenninger is accused of stealing from Kmart.

Matthew M. Mahaney, 33, of Corfu, is charged with DWI. Mahaney was stopped by State Police at 10:19 p.m. Thursday on Knapp Road, Pembroke.

Daniel J. Saeva Sr., is indicted on one count of second-degree strangulation and three counts of endangering the welfare of a child. Saeva is accused of intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck, causing stupor or loss of consciousness. Saeva allegedly choked a 10-year-old child Dec. 12 in the City of Batavia.

Joseph R. Kress is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kress was allegedly driving drunk Sep. 1 in the Village of Corfu. He's accused of having a prior DWI conviction in January, 2011.

Eric L. Jamalkowski is indicted on counts of aggravated unlicensed operation, 1st degree, and bail jumping. Jamalkowski is accused of driving March 22 in the Town of Le Roy while knowing his driving privileges were suspended or revoked. He allegedly had 10 suspensions on his license at the time going back to 2007. Upon his arrest March 22, Jamalkowski was released from custody and allegedly failed to appear for a subsequent court date.

Rion J. Pawlak is indicted on four counts of falsifying business records, 1st, and two counts of petit larceny. Pawlak is accused of submitting false claims for reimbursement on business-related purchase to his employer in the Town of Le Roy on four separate occasions in the amounts of $78.30, $57.30, $102 and $98.76. He's also accused of stealing an umbrella.

The defense challenged the confessions of 44-year-old Mark Maltese to a series of robberies and a burglary in 2013; a jury yesterday found the Batavia resident guilty on all but one count on the indictment against him.

The jury went into deliberations shortly after noon Thursday, returned to the courtroom a couple of times to review video evidence and have transcripts read back, and then returned the verdict at about 4 p.m.

"Obviously, the key to the case is the defendant's confessions," said District Attorney Lawrence Friedman. "That's obviously the most powerful evidence we can have."

Maltese was found guilty of three counts of robbery, one count of third-degree burglary and second-degree criminal mischief and one count of grand larceny, 3rd.

A not guilty verdict was returned on one count of burglary.

The participation of Maltese in a burglary Nov. 27, 2013, of the Rent-A-Center in Batavia led to his arrest and helped investigators crack the case of three hotel robberies in Genesee County in the week prior to the burglary.

In confessions at the time of his arrest, Maltese told police he robbed the hotels because he needed money to buy crack cocaine. 

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Friedman said the defense challenged whether the confession was truly voluntary as well as some of the facts contained in the confession.

Maltese was also convicted of stealing a safe from a local residence, but he was not convicted of the burglary charge in that case.

Maltese faces up to 15 years in prison on each robbery count. Sentencing is set for March 4.