crime

One of the three suspects in an alleged meth lab operation uncovered in November died May 17.

At the time of this death, charges were still pending against Kenneth Mosholder, 45, as well as the other two defendants in the case, Dustin R. Benham, 20, of Darien and a 41-year-old woman from Batavia.

Mosholder's obituary was published on The Batavian by Burdett & Sanford Funeral Home yesterday. We confirmed today with the Sheriff's Office and the U.S. Attorney's Office in Buffalo that the obituary was for the same Mosholder charged in the case.

A spokeswoman for the U.S. Attorney's Office said only that, "the case is proceeding."

Mosholder, according to the obituary, suffered a heart attack.

Local law enforcement as well as the DEA announced a raid on a property in Alabama on Nov. 12. It was one of five suspected meth labs uncovered in the county over a couple of months late in 2009. The property was auctioned off in March for back taxes.

Grace Anne Stewart, 50, of Pratt Road, Batavia, is charged with grand larceny, 4th. Stewart is accused of stealing more than $2,000 in cash over a seven-month period while working at Home Depot.

James Matthew Rodriguez, 30, of Spring Road, Brockport is charged with aggravated unlicensed operation. Rodriguez was stopped by Town of Ogden Police and turned over to the Genesee County Sheriff's Office on a warrant.

Michael John Coffta, 18, of Burns Road, Medina, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under 21. During a school-requested K-9 sniff search of school grounds at Oakfield-Alabama High School, the K-9 reportedly alerted on Coffta's vehicle.

Micheal J. Hodgins, 50, of Batavia, is charged with DWI and aggravated DWI with no prior offense. Hodgins was arrested by State Police at 11:40 p.m., Tuesday, on Pearl Street in Batavia.

"Scruffy" just did what his breed is wont to do when a person in his care is assaulted -- he attacked the aggressor.

An East Main Street woman was sent to UMMC around 8:30 p.m., Tuesday, after she allegedly went onto a neighbor's property and started fighting with a woman who was staying there.

Her leg was reportedly bitten pretty badly.

The woman whom "Scruffy" was reportedly protecting also suffered a dog bite, probably accidentally, when she tried pulling "Scruffy" off the other woman. She was also transported to UMMC.

When the incident started, "Scruffy" was quietly sitting on his own porch at 516 E. Main St., doing what he normally does -- just watching -- when the fight started. He jumped off the porch and attacked the woman who had allegedly come onto his property.

"Scruffy," if that's his real name, Sgt. John Peck wasn't 100 percent sure, is part pit bull.

Neither "Scruffy" nor his owner face any chargers since "Scruffy" did not leave his owner's property and didn't break any laws.

Peck said neighbors were familiar with the dog and described him as normally very friendly. The dog has no prior history of attacks or aggression. Peck said "Scruffy" was friendly with him when he approached.

Whether either of the women will be charged with any crime is unknown, Sgt. Peck said. The case is still open.

Peck said the women had been taunting each other recently, which seemed to precipate the alleged altercation last night.

The police are not releasing any names until and unless actual charges are filed.

(This is a follow up to this initial report.)

After leading Sheriff's deputies on a two-hour wild goose chase, a 19-year-old man who said he had been living in Elba is in federal custody for allegedly re-entering the country illegally.

Fredy Perez Cortes was found shortly after 12:15 p.m. wandering barefoot at the intersection of Slusser and Galloway roads in Oakfield.

A local resident had given him water, but then called the Sheriff's Office. When Deputy Brian Thompson arrived, Cortes allegedly fled into a nearby farm field and Thompson used his K-9 to chase him and corner him.

Cortes reportedly told Thompson that he and a friend had been in the area looking for work when their truck broke down. He said his friend was somewhere in the area looking for a car to steal.

More deputies responded to the area and began a search for a white pickup truck and a Mexcan male wearing sandles, a dark shirt and light blue pants.

When Cortes was searched following his apprehension, Thompson found a car key in his jeans' pocket.

After it was apparent there wasn't much about Cortes story that was checking out, Thompson remembered that earlier today a 1997 Pontiac Grand Am had been found in the West Batavia area near Donahue Road. It apparently had been involved in a property damage accident and had been towed to Parise's Automotive. Thompson took the key to the car and it fit.

Allegedly, Cortes had been driving the car, possibly after drinking, and then fled the scene of the accident. He then became lost in the Town of Oakfield and stopped at a farmhouse asking for water.

Thompson said he does not believe Cortes actually broke into any residences and that there never was a second subject involved in the incident.

No New York charges are pending.

"It is much more expedient to allow the ICE officers to handle the situation," Thompson said.

Cortes was turned over to Immigration and Customs Enforcement Deportation Officer 
K. Hobart. He will be charged with illegal re-entry after deportation, a federal felony.

(initial report)

A youth who was wanted by local law enforcement, and allegedly led Batavia Police, State Police and Sheriff's deputies on a manhunt in the city two months ago, was sentenced to prison time for a violation of probation.

Christopher Laird, 17, originally from Elba, but has also lived in Le Roy and Batavia, failed to report for probation meetings in early 2010.

Police eventually caught up with Lair in Le Roy on April 4, two days after the manhunt, which involved a State Police helicopter.

Laird's probation was revoked. He will spend one to three years in state prison.

Sheriff's deputies are in the area of Slusser and MacCumber roads, Oakfield, where one subject is in custody and deputies are looking for a second person who may be in the area with the intent to steal a car.

A deputy originally spotted a person walking on Slusser Road, and when the deputy attempted to make contact with that individual, he ran into a field.

The deputy chased him down and after being taken into custody, the individual apparently told the deputy he and a friend had a car break down so they were in the area looking for a car to steal.

The subject still at large is described as a Mexican male. His friend said he will try to run if he sees law enforcement.

UPDATE 12:46 p.m.: The search continues. The individual taken into custody has apparently been evasive in his answers at times, but he apparently said that he and his buddy -- they live in the Oak Orchard area of Elba -- have been out of work for three months and were out looking for work when their truck broke down.

UPDATE 1:56 p.m: The search seems to have moved to an area of Oak Orchard Road where the second subject is believed to reside. At the scene of the original call, Deputy Brian Thompson said the call started when area residents reported a Mexican male, not wearing any shoes, walking house-to-house. A woman at one house gave the man some water and called the Sheriff's Office. That's where Deputy Thompson first saw the man, who started to run. Deputy Thompson deployed his K-9, who quickly helped detain the man. 

Deputy Thompson said the common method for daytime house burglars is to not wear shoes, minimizing footprints. He said he thinks the jobless men were out looking for food.

Immigration Control and Enforcement officers were on scene. But the subject detained is not believed to be in the country legally.

Thompson said in his 19 years with the Sheriff's Office, he hasn't known too many migrant workers to get involved in petty crimes, but with the crack down on farmers hiring undocumented workers, it's getting harder for those without papers to find work.

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Jesse Adam Dispenza, 24, of Union Street, Scottsville, is charged with trespass. Dispenza is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

Marissa Christine Zeiner, 19, of Sunset Circle Lane, Brockport, is charged with trespass. Zeiner is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

A 17-year-old resident of Maple Avenue in Le Roy is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop by Deputy Matt Butler at 5:03 p.m., Saturday.

Ami Kadar, 64, of Albion, is charged with harassment, 2nd. Kadar was arrested this week by State Police on Maple Avenue, Elba, in connection with an alleged incident at 12:01 p.m., March 30. No further details are available.

Jorge L. Portugal-Pineda, 22, of Elba, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires and consuming alcohol in a motor vehicle. Portugal-Pineda was arrested by State Police on Transit Road at 3:15 p.m., Monday.

Ethan R. Kitanik, 19, of Oakfield, is charged with unlawful possession of marijuana, and ticketed for no headlights. Kitanik was stopped by State Police on Oak Street in Oakfield at 10:55 p.m., Sunday.

A juror in the Scott Doll murder trial contacted The Batavian today and after confirming the juror's identity, we agreed to anonymously publish this account of the juror's experience.

I just have a couple things to say about the Scott Doll trial. I was a  juror who sat in the front row. I would not like to give my name or my number as I am not trying to cause any problems with this statement, just  want to clear some things up, that have been on my mind since last Thursday.

I wanted to start off by saying that none of us in the jury chose to be in that box for the three weeks, we were chosen by both sides of the case as they felt we were the most impartial and non-biased individuals out of the pool they had to choose from. That being said, I would like to also tell everyone that none of us had preconceived notions as to the guilt or innocence of Mr. Doll. And for those of you who have comments such as "shame  on the Jury," you were not in that deliberation room discussing the facts/evidence so you have no idea what we went through.

No one but the 12 of us that were locked in that room for 12 hours knows what we discussed, and let me tell you there was quite a lot of discussion taking place. I do not like the fact that almost instantly people comment that we locked up an innocent man, that there is a "real" murderer on the streets. To you all, we all examined the evidence, and listened to all the testimonies. We all listened to the opinions and concerns that each of us had, and NO ONE was forced into making a guilty verdict when we took our  final vote.

We DID NOT rush things to get it over with. Anyone who had reservations on coming up with a verdict was allowed to voice their opinions. It all comes back to the evidence. Mr. Cambria told us to use our "common sense" when it came to deliberating on a verdict. We all felt that the evidence all pointed back to Mr. Doll, and to us that was "Common Sense" as that is what the evidence showed us. If there had been other evidence showing otherwise we would have considered it.

For the record, it's not the easiest thing to give a guilty verdict either. Knowing someone's life was in our hands weighed on our hearts and minds those final minutes of the trial. And it is definitely not easy to hear the cries and look at the faces of the family either, even when you know that the right thing was done according to the evidence that was presented to us. I'm sorry if that upsets some of you reading this, but trust me I have not nor will I ever forget this event. I have certainly not moved on with my life and left it behind. And I hope to never have to do something like this again.

My thoughts and prayers are with both the Doll family as well as the Benaquist family. I know that both families are now missing a member, and things will never be the same, and that is something that I will think about daily, for the rest of my life. If anyone thinks otherwise they are greatly mistaken.

Sixty-two drivers in Batavia received traffic citations in May as part of a joint Batavia PD and State Police effort to crack down on mobile phone use and seat belt violators.

The Batavia Police received a grant earlier to help fund increased enforcement of these laws as part of a statewide effort.

In May, checkpoints were set up on Law, Clinton and Oak streets.

The State Police cooperated in the last location, setting up its Commercial Vehicle Enforcement Unit. Nine tickets were issued to truck drivers at the checkpoint near the Thruway entrance.

The city will conduct future enforcement actions as part of the grant it received from the governor's Traffic Safety Committee.

CORRECTION: Lt. Henning informed me that I got my enforcement grants mixed up. The grant for this particular set of checkpoints was for police to look for vehicle violations. You drive through a check point and the police check your registration and inspection, etc.  There is another grant, also still active in the city, for seat belt and mobile phone violations.  The May results of that enforcement effort have not been released yet.

A truck driver who was reportedly looking at porn on a laptop computer prior to slamming his truck into a disabled car on the Thruway in Pembroke pled guilty today to manslaughter.

The Dec. 12 accident took the life of a mother from Snyder, 33-year-old Julie Stratton.

Thomas M. Wallace, 45, of Brook Park, Ohio, could face up to 15 years in prison.

More from the Buffalo News, including video.

A fight-in-progress has been reported at a residence near Pontillo's.

A dog was reportedly being used to attack a victim.

Police are on scene and have requested Mercy EMS for a person with cuts to the leg.

UPDATE 8:40 p.m.: A second ambulance has been requested to 516 E. Main St., where Mercy EMS reports a second victim needing transport to a hospital.

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Sheriff Gary Maha calls a pending Assembly bill which would require cops to shoot a suspect only to wound him -- presumably aiming for an arm or a leg -- "ridiculous."

The so-called "minimum force" bill says, "(a peace officer or police officer) uses such force with the intent to stop, rather than kill, the person who he or she reasonably believes is using unlawful force, and uses only the minimal amount of force necessary to effect such stop."

No shooting course teaches law enforcement officers to aim at limbs, Maha noted.

The first job of a cop in a dangerous situation is to protect himself and the people he's sworn to serve, Maha said.

"Deadly physical force, under the (current) law, can only be used as a last resort, under extreme circumstances," Maha told WBTA. "You're going to put more pressure on the officer if he has to shoot to wound. You're putting that officer in jeopardy."

Under provisions of the bill, any officer accused of shooting to kill another person in the line of duty would be charged with manslaughter.

The bill is sponsored by Annette Robinson (D-Bedford Stuyvesant) and Darryl Towns (D-East New York).

While the "minimum force" bill hasn't died, it is languishing in committee and is still drawing reaction from New York's law enforcement community.

A New York detective told the New York Post that the bill would create a situation where cops are expected to shoot the gun out of the hands of suspect, while the criminal would still be firing with the intent to kill. It's been called the "John Wayne" bill because it requires a level of accuracy only seen in Hollywood Westerns.

"These are split-second, spontaneous events -- and officers have to make a full assessment in a fraction of a second," said an angry Michael Paladino, president of the Detectives Endowment Association.

The bill was drafted in response to the shooting death of Sean Bell, a man who was killed by police following a fight at a strip club where he was celebrating his bachelor party. An undercover officer reportedly heard Bell say at some point that he had a gun. In the melee that followed, Bell reportedly slammed his Nissan into a police vehicle.

Photo: File photo of Sheriff Gary Maha.

A Florida man who was working as a driver on a Kid Rock tour bus last year when stopped by deputies on Route 77 in Pembroke admitted to a misdemeanor charge of DWI today.

Joseph S. Devlin, 38, of St. Augustine, Fla., was facing a felony DWI charge, but the felony was dismissed by Judge Robert C. Noonan because there was no "competent proof" as to the weight of the 2003 Prevost Tour Bus that Devlin was driving.

Under terms of the plea, Devlin will be given probation if his local probation department agrees to supervise the case.

If Florida probation refuses to accept supervision of Devlin, his plea will be withdrawn.

Under questioning from Noonan, Devlin admitted to driving the tour bus on July 15, 2009, and that he consumed alcohol prior to getting behind the wheel, and that his ability to operate the bus was impaired to a "substantial degree."

Sentencing is set for Sept. 1.

Batavia Police used a Taser last night to subdue a man wanted for allegedly getting in a fight earlier.

In all, police made three arrests at 17 Holland Ave.

Officers arrived on scene at 11:09 p.m. looking for 24-year-old Steven Hirsch, intending to arrest him on a charge of harassment, 2nd.

Timothy Hirsch, 24, allegedly attempted to obstruct police officers and placed his hands on one of the officers.

Steven Hirsch, according to a police report, refused to comply with police officers' orders and physically resisted their attempt to arrest him. He got Tasered.

During the incident, Jennifer Stack, 24, of 12 Oak St., Batavia, was allegedly on the street yelling obscenities at police officers.

Steven Hirsch was jailed on $2,000 bail, charged with harassment and resisting arrest.

Timothy Hirsch was jailed on $1,000 bail and charged with obstructing governmental administration.

Stack was issued an appearance ticket for alleged disorderly conduct.

Responding to the call were officers Darryle Streeter, Frank Klimjack, E.E. Bolles, Chris Camp and Sgt. Mullen.

Gregory Seppe, 51, no permanent address, is charged with appearance in public under the influence of narcotics or drugs other an alcohol. Seppe was taken into custody after he appeared in the city at several different locations. At 11:05 a.m., Saturday, police responded to another complaint reportedly about Seppe at 412 E. Main St., Batavia, where he was taken into custody.

Mark E. Flemming, 20, of 62 Swan St., Batavia, is charged with harassment, 2nd. At 5:09 a.m., Sunday, Batavia Police responded to an alleged domestic incident and took Flemming into custody.

Megan Elizabeth Buss, 21, of Alicia Circle, Churchville, is charged with DWI, driving with a BAC of .08 and moving from lane unsafely. Buss was charged following a car-into-pole accident on Peachy Road at 6:12 a.m., Sunday.

Kendric Lydell White, 27, of Affinity Lane, Rochester, is charged with unlawful possession of marijuana. White was arrested following a vehicle check at Darien Lake.

Tyree Elijah Smith, 28, of Sunset Street, Rochester, is charged with unlawful possession of marijuana. Smith was arrested following a vehicle check at Darien Lake.

Paula Ann Kingdollar, 41, of Bank Street, Batavia, is charged with petit larceny. Kingdollar is accused of stealing perfume from Kmart.

Edward Joseph Kutas, 18, of Woodside Lane, Depew, is charged with unlawful dealing with a child. Kutas is accused of hosting an underage drinking party at a residence on Darien-Alexander Townline Road. He was arrested early Sunday morning.

Brandon M. Klinkbeil, 23, of 80 South Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, not wearing a seat belt, and operating an unregistered vehicle. Klinkbeil was stopped at 2:41 a.m., Sunday, by Le Roy Police Sgt. William Hare.

Dennis N. Gonglewski, 49, of Colonial Avenue, Kenmore, is charged with DWI, driving with a BAC of .08 and failure to keep right. Gonglewski was stopped at 10:45 p.m., Friday, by Deputy Patrick Reeves.

Three 17-year-olds were arrested for alleged shoplifting by Batavia Police 12:10 p.m., Friday and charged with petit larceny. All three youths are Batavia residents. The trio is accused of trying to steal $58.90 in merchandise from Tops Market.

Gordon C. Gonyo, 56, of Byron Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and consumption of alcohol in a vehicle. Gonyo was stopped at 12:26 p.m., Friday, by Deputy Chris Parker after a witness reported an erratic operator in the area of Bryon Road.

Jeremy Andrew Douglas, 29, of Crosby Lane, Rochester, is charged with unlawful possession of marijuana. Douglas was stopped for an alleged traffic violation by Deputy Brian Thompson at 6:40 a.m., Thursday, on Bank Street Road in the Town of Batavia.

A man allegedly wanted in Georgia on felony warrants was found in a Cedar Street home by local law enforcement around 5:30 p.m., Saturday.

Batavia's ERT members, along with members of the Drug Enforcement Task Force and Batavia Police officers and Sheriff's deputies where called in to help take David L. Hendrix, 29, into custody.

Hendrix, aka David Young, was arrested at 3 Cedar St., Batavia, where he was apparently staying.

He is allegedly wanted in Georgia for robbery, assault and a parole violation.

Following arraignment in City Court, Hendrix was jailed without bail.

A witness informed The Batavian that police had Cedar Street closed in both directions during the activity.

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A Rochester man accused of purposely setting a fire in order to kill his ex-girlfriend's father could have some of the DNA evidence reportedly being used against him re-examined by an out-of-state forensic lab, Judge Robert C. Noonan ruled today.

Andre L. Scott, 30, of 2323 Spencerport Road, Rochester, is in Genesee County Jail on high bail while his attorney Thomas Burns prepares for a trial on attempted murder, burglary and arson charges filed against Scott.

Scott is a accused of purposefully setting a fire at 12 Elm St. on Jan. 24, 2009. He was arrested in August.

Because Scott cannot afford an attorney, Burns is his appointed counsel. The DNA testing, private investigator and  expert witnesses Burns might call are being paid for by the county.

One glitch in getting new DNA tests is that there may not be enough of sample left from the original evidence to properly test it. Burns is researching that matter.

The samples come from a Clorox bleach bottle found at the scene of the fire and a book of matches.

Noonan noted that the DNA tests could cost a substantial amount of money, but given the seriousness of the case, he was mindful of "the importance of sufficient preparation for the defendant to be ready for trial."

The expense could including bringing in a forensic expert to testify about the findings from the lab in Massachusetts.

The private investigator will not be a significant expense, Burns said.

Scott has until June 30 to accept a plea bargain, or go to trial on Aug. 23.

Batavia Police detective Todd Crossett is conducting interviews today, trying to determine who was involved in an aggressive attack on at least two people at 112 State St. last night.

One person was hospitalized with "significant" but non-life-threatening injuries, Crossett said. Another person was transported to the hospital for evaluation.

From five to six people entered 112 State St. with baseball bats, Crossett said, and the attack may be related to a fight -- possible retaliation -- the night before.

No arrests have been made.

The incident does not appear to be gang related, Crossett said.

Batavia detectives do not believe there is actual gang activity in the city. Any individuals in the city who appear to gang members -- from the colors they're wearing or sports paraphernalia they're wearing -- seem to be people from larger cities visiting friends and relatives in Batavia, but do not appear to be here to establish operations.

Law enforcement is responding to 112 State St., where reportedly five individuals with baseball bats and pipes entered the residence.

At least one person is on the floor requiring medical assistance.

The people with baseball bats and pipes may still be in the area.

One person was struck with a pipe and another person is having a seizure.

Mercy EMS is being dispatched, but the scene is not yet secure.

Now, they're reporting the victims are at 5 Lewis Place.

A third victim is now reported on Hutchins Place.

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Scott F. Doll, convicted today of murder, 2nd, for the beating death of Joseph Benaquist, was arrested, seemingly, as soon as he entered the Genesee County Jail.

According to a Sheriff's Office press release, Doll tried to conceal on his body a green balloon containing a white powdery substance.

The substance has been sent to a lab for testing.

Doll will appear in Batavia City Court on June 1 to answer the charge of promoting prison contraband, 2nd.

The investigation is continuing, according to the Sheriff's Office.

UPDATE:  Added newest Genesee County Jail mug shot of Scott Doll.