crime

Chad Allen Irowin Wilbert

As the result of an investigation by the Local Drug Enforcement Task Force, two suspected drug dealers from Batavia were arrested Sunday night.

Taken into custody following a traffic stop at 8:50 p.m. were Chad A. Allen, 33, of West Main Street, and Irowin Wilbert, 53, of West Main Street.

Both men are charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal use of drug paraphernalia, 2nd.

The men were stopped on Ross Street at the intersection with Miller Avenue, Batavia.

A search of the vehicle allegedly uncovered a quantity of crack cocaine with an estimated street value of $1,000 along with alleged crack pipes and more than $550 in currency.

Allen and Wilbert were jailed without bail.

Assisting in the investigation were uniformed deputies, State Police and the District Attorney's Office.

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, is charged with criminal possession of a controlled substance, 3rd, and attempted escape, 1st. Simmons was arrested after police responded at 11:53 p.m., Friday, to a report of a fight involving a knife in the parking lot of a business on West Main Street, Batavia. Police conducted a search of a vehicle reportedly belonging to Simmons and allegedly found 44 glassine bags of crack cocaine. Simmons was arraigned in Batavia City Court and ordered held on no bail. As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

Zachary Jordan Ayres, 18, of Oak Street, Batavia, is charged with grand larceny, 4th. Ayres is accused of stealing approximately $1,300 in jewelry from a woman in Byron and selling the items to a business in Batavia.

Anthony C. Privitera, 19, of Mill Street, Le Roy, is charged with DWI, driving BAC of .08 or greater, unsafe start, failure to keep right, open container in a motor vehicle and unlawful possession of alcohol by a person under age 21. Privitera was stopped Sunday in the Village of Le Roy by Le Roy PD.

Kimberlin D. Lester-Benjamin, 49, of Carl Street, Buffalo, is charged with petit larceny. Lester-Benjamin is accused of stealing $89.95 in merchandise from Target.

Kenneth Merville Nobles, 66, of Genesee Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and speeding (72 mph in a 55 mph zone). Nobles was stopped at 6:13 p.m. Saturday on Route 19, Le Roy, by Deputy Brad Mazur.

Jamie Scott Scholonski, 39, of Vine Street, Batavia, is charged with petit larceny. Scholonski is accused of stealing $632 in quarters from a residence in Pavilion.

Nicholas M. Lyons, 31, of 112 State St., Batavia, is charged with criminal contempt, 2nd. Police responded to a report of a domestic disturbance on State Street at 11:40 p.m., Friday, and found Lyons allegedly in violation of a "stay away" order involving another person. Lyons was jailed on $2,500 bail.

Daniel F. Orlando, 29, of 555 E. Main St., Batavia, is charged with harassment, 2nd, and obstructing governmental administration. Orlando is accused of physically obstructing police while officers were investigating an incident at Orlando's residence. Orlando was jailed on $3,000 bail.

Timothy L. Taylor, 37, of 655 Ellicott St., Batavia, is charged with assault, 3rd. Taylor is accused of assaulting another person following an argument. Taylor was jailed on $5,000 bail.

Daniel Lee Ward, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Ward was arrested following investigation into a motor-vehicle accident on Fisher Road, Oakfield, at 1:48 a.m. March 3.

Adam C. Hegge, 31, of 14 Overlook Drive, Batavia, is charged with felony DWI and driving with a BAC of .08 or greater. Hegge was arrested Friday by Officer Dan Coffey following a report of a suspicious vehicle in the Batavia Cemetery.

Authorities are still trying to locate two black males involved in a robbery of the Five Star Bank branch in Pavilion this afternoon.

According to Deputy Chief Jerome Brewster, a black male wearing wearing a blue and white striped shirt, jeans, a red ball cap and sunglasses entered the bank and 3:25 p.m. and presented a note demanding cash.

The robber fled with an unknown amount of money and jumped into a silver or grey pickup truck driven by another black male.

Around the same time as the bank robbery, a stolen vehicle was located on Crossman Road, off of Starr Road, in Pavilion. The motor was still running on the green Dodge Intrepid.

The car was stolen earlier from the park-and-ride lot off the I-490 in Le Roy.

It's unknown at this time if the stolen car is related to the bank robbery.

A couple of witnesses spotted the suspects fleeing and investigators are sorting through witness statements.

Officials say a photo of the bank robbery suspect will be released at some point this evening.

In October 2009, the same branch was robbed by a white male wearing a distinctive jacket. Nick A. Hawkins, 28, of 24 W. Main St., Le Roy, eventually admitted the robbery.

Law enforcement units from Genesee, Wyoming and Livingston counties and the State Police responded to today's robbery.

(Initial post)

 

A robbery just occurred at the Five Star Bank on Cato Street in Pavilion. The suspect is described as a black male, 5'6" tall, slim build, wearing a blue and white striped shirt, jeans, a red ball cap and sunglasses. He told the teller he had a gun, but one was not shown. He fled the bank on foot and his direction of travel is unknown. Several law enforcement units are on their way to the scene.

UPDATE 3:43 p.m.: They are going to set up a perimeter to scour for the suspect. Patrols on the interstate highways are alerted as well as those traveling other routes, so are Wyoming and Livingston counties.

UPDATE 3:47 p.m.: They are going to ask Livingston County to send in its canine unit and are also checking the availability of the one in Genesee County. Officers are now interviewing neighbors to determine whether the suspect got into a vehicle and, if so, to provide a description of it.

UPDATE 3:50 p.m.: The canine unit from Livingston County is en route. A neighbor told officers that she saw the suspect get into a vehicle parked at the adjacent St. Mary's Church and there was another black male driving the car. The car's wheels squeeled out of the parking lot and the witness "was so shocked she doesn't remember anything (else)." They are going to check all the streets in the vicinity of the church and along Route 63. A pizzeria in the area had a security camera on and they are going to check it.

UPDATE 3:56 p.m.: "It appears they took off in the car pretty quickly." The suspects are estimated to be in their mid- to late 20s. The canine unit from Genesee County is not available.

UPDATE 3:59 p.m.: The camera by a nearby ATM machine is being screened to glean possible information.

UPDATE 4:04 p.m.: After speaking with a woman in the area, they are looking for a full-sized, silver-colored pickup truck with a regular cab. The witness saw it shortly before she was telephoned about the robbery and it was parked by the basketball courts by St. Mary's.

UPDATE 4:31 p.m.: Wyoming County authorities are reporting that they found a green car roadside (didn't catch which road) and the engine is still running, but no one is around it. They are checking the plates. It is unknown if this is related to the robbery or just an odd circumstance.

UPDATE 4:35 p.m.: They are saying the abandoned vehicle found with its motor running is a green pickup truck car. It's in the vicinity of Crossman and Starr roads, "by a trestle" in Wyoming County. 

UPDATE 4:38 p.m.: The license plates come back to a Le Roy resident, born in 1934, and there's no (telephone) answer at the owner's residence. Again, this may be completely unrelated to the robbery.

UPDATE 4:53 p.m.: Now they are checking on another matter, saying it's unknown whether related to the robbery. A person is going door to door in the area of 10982 S. Lake Road (Route 19) in Pavilion asking for gasoline. The caller could not provide a description of the person because of poor vision.

Lennie M. Colley, 46, of South Lyon Street, Batavia, is charged with a felony count of criminal mischief, 3rd, DWI, driving with a BAC of .08 or greater and consumption of a alcohol in a motor vehicle. Colley is accused of smashing out windows of motor vehicles at about 2:40 a.m., today, on Route 5 in Stafford. Deputy James Diehl and Sgt. Brian Frieday responded to the call and found Colley allegedly driving drunk.

Lee Ann Marchese, 51, of Alleghany Road, Alabama, is charged iwth burglary 2nd. Marchese is accused of entering a dwelling in Stafford on Tuesday and stealing property.

Dimitri Carmelo Burton, 19, of East Main Street, Batavia, is charged with petit larceny. Burton is accused of shoplifting from the AT&T store on Veterans Memorial Drive. Burton was jailed on $250 bail.

The assessment of Assistant District Attorney Will Zickl is that Carlos Torres is "committed to the commerce of illegal drugs," and today Judge Robert C. Noonan said he agrees.

Noonan noted that the probation report listed the names of six children Torres is responsible for, but in what the judge called one of the most bizzare paragraphs he's ever read in a probation report, Torres admits to fathering four other children. Torres, however, apparently doesn't know their names and their mothers have left the area.

He is obligated, according to Noonan, to make child-support payments for one of those four children, but hasn't been making payments.

"You're an irresponsible criminal who deserves the maximum sentence you negotiated," Noonan said.

Torres entered a guilty plea Jan. 9 to criminal possession in the fourth degree.

He was arrested in August and found carrying cocaine, crack and heroin with an estimated street value of more than $7,000.

At the time, Sgt. Steve Mullen, lead investigator for the Local Drug Enforcement Task Force, said "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."

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.

In May 2010, Torres was on probation out of Erie County for a 2008 drug conviction.

Attorney David Widenor argued vigorously that his 37-year-old client is a sincerely changed man who has seen the error of his ways.

"He wants to be a law-abiding citizen," Widenor said. "He has a family to support. He has six children he loves and wants to care for."

The August arrest derailed an opportunity for Torres to own a legitimate business locally, Widenor said, but the attempt itself was evidence that Torres knows he needs to get his life on a legitimate path.

"He wants to get out of this lifestyle he's been in," Widenor said.

Torres spoke briefly and quietly.

"I've been with the wrong people at the wrong times," Torres said. "I let my children down, but most of all, I let myself down. I want to change that."

Noonan said immediately that he agreed with Zickl's assessment.

"You have demonstrated that you're a drug dealer," Noonan said. "That's what you do and that's how you make a living."

After Noonan pronounced sentence, Torres's girlfriend, sitting in the gallery, began to cry. Torres and the woman have a child together.

The Local Drug Enforcement Task Force announced the arrest of 11 people on various drug-related charges stemming from three different enforcment actions by task force members.

Curtis M. Gallagher, 27, of West Main Street Road, Batavia, is charged with criminal possession of marijuana and criminal possession of a controlled substance, 7th. Gallagher was arrested following the execution of a search warrant March 30 on his vehicle and residence. Gallagher was allegedly found in possession of a quantity of marijuana and a quantity of hydrocodone along with some drug paraphernalia. Gallagher was issued an appearance ticket.

On Saturday, the task force arrested five people who were allegedly using a hotel room "for the purpose of abusing crack cocaine," according to the press release. Upon raiding the room, investigators allegedly found a quantity of crack cocaine and buprenorphine hydrochloride. Taken into custody and jailed on $1,000 bail each were Pamela A. Adamski, 28, of Walnut Street, Batavia; Jodi L. Reed, 40, of South Pearl Street Road, Oakfield; Heather J. Nadolny, 28, of East Main Street, Batavia; Nicholas J. Volpe, 40, of Edwards Street, Batavia; and, Timothy J. Walsh, 44, of Redfield Parkway, Batavia.

Over a two-day period, March 21 and March 22, members of the task force along with uniformed deputies and police officers from Batavia and Le Roy, conducted a number of traffic stops. Along with citations issued, the following people were charged with drug-related offenses:

• Nick Hawkins, 28, of Market Street, Brockport, and Seth Fisher, 24, of Asbury Road, Le Roy, were charged with unlawful possession of marijuana.
• Alex Cordero, 24, of Avenue D, Rochester, was charged with unlawful possession of marijuana.
• Phillip Ayala, 27, of Melville Street, Rochester, was charged with unlawful possession of marijuana.
• Douglas Brown, 29, of East Main Street, Corfu, is charged with unlawful possession of marijuana.
• Pamela A. Adamski, 28, of Walnut Street, Batavia, and Dajuandrick Gardner, 35, of East Avenue, Batavia, are both charged with criminal possession of a controlled substance, 7th.  Adamski and Gardner were allegedly found in possession of cocaine. Gardner was also charged with unlawful possession of marijuana.

Matthew Joseph O'Connor, 19, of Byron Holley Road, Byron, is charged with grand larceny, 4th, and unlawful possession of marijuana. O'Connor is accused of stealing a debit card from a friend and using it in Genesee and Monroe counties to make purchases and ATM withdrawals. At the time of his arrest, O'Connor was allegedly found in possession of a small baggie of marijuana.

Lacey M. Muntz, 28, of Maltby Road, Oakfield, is charged with petit larceny. Muntz is accused of stealing license plates from a vehicle she did not own.

Paul Uzarowski, 41, of Genesee Road, Pembroke, is charged with DWI, driving with a BAC 0f .08 or greater, failure to dim headlights and consumption of alcohol in a motor vehicle. Uzarowski was stopped at 8:57 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves.

A 40-year-old Batavia man is accused of committing sexual acts on a 2-year-old over a three-month period.

James Little Jr. is being charged with three counts of criminal sexual act in the first degree.

Batavia PD released no further information on the case.

Little is scheduled to reappear in Batavia City Court on April 18.

In 2011, the Batavia Police Department responded to 16,991 calls for service and logged more than 154,000 patrol miles, according to a report released by the department.

Overall, the crime rate was up slightly in 2011 over 2010, but still down from the 2009 rate.

The rate in 2011 was 35.12 (an index computed by city population). In 2010, it was 34.93, and in 2009 it was 37.20.

There were 376 criminal arrests in 2011, compared to 575 in 2010.

Calls for service in the city peaked in 2007 at 17,707 and dropped off dramatically in 2008. The number has increased each year since and was 16,581 in 2010.

The detective bureau field 479 cases and pursued 396 criminal investigations.

There were 399 larcenies reported in 2011; 95 burglaries; 12 motor vehicle thefts; 32 assaults; zero murders; and 10 rapes.

The rape total was the highest of any of the past six years.

Besides rape, there were 20 total sex crimes reported in the city, down from 25 in 2010.

DWI arrests were up from 36 in 2010 to 47 in 2011.

There were 499 motor vehicle accidents reported in the city in 2011. That's down from a recent high of 528 in 2009.

In all, police officers inititated 3,517 traffic stops in 2011 and issued tickets for 1,054 moving violations.

A total 1,413 parking tickets were written.

The full report is available as a PDF. Click here to download.

Francis Scott Smith, 18, of 2435 Angling Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, failure to dim headlights and unlicensed operator. Smith was stopped at 1:45 a.m., Sunday, on Route 77, Pembroke, by Deputy Patrick Reeves.

A 16-year-old resident of Angling Road, Pembroke, is charged with aggravated harassment, 2nd. The youth is accused of making several threats by phone to harm another person.

A Georgia convict who fled parole in his home state, fled from police when they tried to arrest him in Batavia, attempted to strangle a fellow inmate in the Genesee County Jail and was accused of conspiracy to commit murder will serve a maximum eight-year prison term, Judge Robert C. Noonan ruled today.

Derick Barker, 26, previously pled guilty to possession of a controlled substance and strangulation, and both convictions carried a maximum sentence of four years in prison.

Noonan ruled the sentences would be served consecutively.

Barker came to Batavia in May 2011 with his brother Justin, a Batavia resident.

The two men were found in a hotel room in June where drugs were present. When Derick learned he was about to be arrested, he fled across the Thruway, which led to a State Police helicopter search of the area.

While in jail on the charges, Derick was accused of plotting a murder-for-hire scheme with his brother.

Justin eventually entered a guilty plea on that charge, but as part of a plea bargain, the conspiracy charge against Derick was dropped.

Assistant District Attorney Will Zickl, in asking for a lengthy prison term for Derick, noted Barker's previous criminal record and his propensity for violence.

Attorney Thomas Burns said his client acknowledged his mistakes and that while a probation report noted some anger issues, he said Barker never displayed anger during their meetings, although the news Burns had to deliver was rarely good.

"I never encountered anything but complete kindness," Burns said. "He's been as polite as a client can be. Derick has many fine attributes and a nice personality when he wants to put it to work."

Burns said Barker -- who has spent a decade in and out of the legal system -- didn't have a stable childhood and missed out on educational opportunities.

When asked to speak, Barker said, "Mr. Burns said it better than I could say it. I apologize for taking up so much of the court's time for my mistakes. There's nothing I could say but I apologize."

Noonan said given Barker's record and the seriousness of the charges, he thought the maximum sentence was appropriate.

"The deal you negotiated is the best deal you're going to get," Noonan said.

Police are looking for information on a person who allegedly spray painted graffiti on a mailbox near the M&T Bank branch off Court Street, Batavia.

The suspect may be involved in several incidents of graffiti in the city.

The latest incident occurred at 6:45 p.m., Friday.

The suspect vehicle is described as a green, four-door, Honda Civic with New York license plates.

The alleged tagger is a white male.

Anyone with information is asked to call Det. Todd Crossett at 345-6353.

Amy Lynne Koch, 37, of Route 98, Alexander, is charged with grand larceny, 3rd, and petit larceny. Koch is accused of using information of her estranged boyfriend, who is incarcerated in state prison, to file both state and federal income tax forms. Koch allegedly created a bank account in both of their names so any tax refund money could be deposited in the account. Once the money was deposited, Koch allegedly withdrew the funds.

Timothy S. DiSalvo, 51, of 106 North St., Batavia, is charged with strangulation, 2nd, and two counts of harassment, 2nd. DiSalvo was allegedly involved in a fight with a family member at their business location on Harvester Avenue, Batavia. DiSalvo is accused of choking another person and shoving a female employee who tried to intervene to stop the fight.

Cheryl Lynn Vanelli, 52, of 2101 Main Road, Pembroke, is charged with DWI, driving with a BAC of .08 and failure to keep right. Vanelli was stopped at 2:42 a.m, Jan. 21, on Boyce Road, by Deputy Kevin McCarthy. Vanelli will be arraigned in Pembroke Town Court on April 17.

Veshaun D. Thomas Sr., 34, of 110 Bank St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 3rd, and suspended registration. Thomas was stopped at 2:40 a.m. Sunday by Officer Marc Lawrence.

Kyle David McNutt, 21, of Route 238, Warsaw, is charged with petit larceny. McNutt is accused of shoplifting $24.99 in merchandise from Kmart.

Gina Marie Glor, 18, of Route 238, Warsaw, is charged with petit larceny. Glor is accused of shoplifting $24.99 in merchandise from Kmart.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford was arrested on a warrant stemming from alleged events on Dec. 22. She was jailed on $200 bail.

Peter Joseph Gravante, 23, of Townline Road, Byron, was arrested on a warrant for driving with a BAC of .08 or greater. Gravante was taken into custody on a warrant out of Town of Batavia Court by NYSP in Monroe County and turned over to the Sheriff's Office.

Ryan Douglas Woodward, 22, of Vallance Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed for a curve, moving from lane unsafely and leaving the scene of a property damage accident. Woodward was allegedly involved in a motor vehicle accident while intoxicated on Route 19, Bergen, at 2:45 a.m. on Feb. 26.

A vehicle -- likely a 2008 or newer Chevy Silverado -- struck a fence in front of 239 East Ave., Batavia, knocking down more than 100 feet of the fence, according to Batavia PD.

The car came to a stop in a hedgerow and then left the scene.

The Silverado is believed to be an extended cab model with front-end and rear-end damage.

The collision occurred some time between Friday evening and Saturday morning.

Anybody with information that may assist in the investigation is being asked to contact Officer Marc Lawrence at <mlawrence@batavianewyork.com>.

A white male, who is suspected of shoplifting, has reportedly just run from Tops Market toward Kmart.

He's described as wearing a white shirt and white ball cap.

Batavia PD is responding.

UPDATE 4:52 p.m.: The suspect reportedly jumped into a white, compact car with a partial license plate of "FCE."

UPDATE 5:46 p.m.: Sounds like the vehicle has been located after police received a tip regarding its location.

A Batavia man already facing up to seven years in prison for a crime in Rochester is being accused of assaulting another man with a tire iron during a fight behind a restaurant in Caledonia.

Matthew Norstrand is being charged with assault, 3rd, and criminal mischief, 4th.

A year ago, Norstrand was involved in a fatal hit-and-run accident in Rochester and was out of jail pending sentencing.

Last week, Norstrand was allegedly involved in an altercation with Austin Costrino, 26, of Holley, behind Q's Restaurant in Caledonia.

Costrino allegedly pulled out a knife before getting into his car. He allegedly drove back to Norstrand's location and the two men continued to argue. Norstrand allegedly pulled out a tire hire and beat Costrino.

The investigation began after Costrino's father contacted police, reporting that his son was hospitalized with head injuries.

Costrino is charged with menacing, 2nd.

(Source: WHAM13)

Michelle Tarin Crawford, 26, of Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Crawford was charged following an investigation into a motor-vehicle accident at 12:55 a.m., March 8, on Townline Road, Byron, in which Crawford was seriously injured. Crawford remains jailed on a violation of probation charge. (Previous stories, one, two and three).

Michael Octavio Tardy, 46, of Woodside Drive, Bergen, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and moving from lane unsafely. Tardy was allegedly driving at 1:41 a.m. on Lewiston Raod, Oakfield, when his vehicle struck a curb.

John Chrisley, 46, of Mechanic Street, South Byron, was arraigned in Town of Byron Court today on charges of first-degree sexual abuse and endangering the welfare of a child.

Chrisley is accused of sexual contact with a child under age 11.

The incident allegedly occurred Oct. 5 in Byron.

Chrisley was released under supervision of Genesee Justice, pending his next court appearance April 2.

The case was investigated by John Dehm.