crime

Twenty-nine-year-old Marcia Mitchell, a mother from Batavia, admitted in a Buffalo court yesterday that she tried to smother her child while at a Buffalo-area hospital nearly two years ago.

Mitchell entered a guilty plea to the charge of attempted first-degree assault, which carries a possible prison sentence of 15 years.

The Buffalo News reports:

Mitchell was recently hospitalized for her second jailhouse suicide attempt since her arrest. She was found mentally competent to assist in her own defense by two court-appointed mental health experts, even though she has mental problems that court officials and her lawyer refuse to discuss.

Dietrich Williams, who admitted in December that he abused an infant left in his care last summer, was sent to state prison by Judge Robert C. Noonan yesterday.

Williams was given a 12-year prison term.

The baby suffered severe head trauma after he shook the little girl and slammed her head against a hard surface in what was apparently an attempt to quiet her down.

Williams was reportedly acting as a babysitter for his girlfriend, whom he was staying with at the time.

A week before Williams entered his guilty plea, the little girl's mother wrote to The Batavian and said the child, who has needed much therapy and is likely to need help for many, many years, is doing much better.

Williams was originally charged with assault 1st, which carried a maximum sentence of 25 years in prison, but in order to facilitate a plea without a trial, District Attorney Lawrence Friedman accepted a guilty plea to attempted assault 1st, which carried a maximum penalty of 15 years in State Prison. The minimum sentence available to Noonan was three and a half years.

As part of his guilty plea, Williams had to admit to the factual circumstances of the case.

(WTBA contributed to this report.)

A third arrest has been made in "The Case of the Stolen Pot" in Le Roy.

Taken into custody by Le Roy Police is Eric J. Merritt, 20, of 4070 Rose Road, Batavia. Merritt is the man suspected of trying to sell marijuana to two people in a parking lot on Lake Street on Jan. 23.

One of those people is reportedly 16 years old, so Merritt has been charged with endangering the welfare of a child. No other charges were announced by the Le Roy Police Department tonight.

James J. Santiago Jr., 30, of 31 Myrtle St., Le Roy, is accused of stealing the marijuana. Santiago turned himself into police yesterday.

After Santiago allegedly stole the marijuana, the alleged dealer brought friends in from Batavia to confront Santiago at his home at on Myrtle Street. In the ensuing fight, three people, including Ronald G. Carney, 21, of Corfu were injured. All three were hospitalized. Carney has been charged with burglary.

As many as nine people participated in the fracas -- allegedly Santiago and two friends as well as the suspects Merritt and Carney plus four of their friends.

Besides Merritt, Carney and Santiago no other arrests have been made yet.

Yusuf A. Hassem aka Louis L. Reed, 69, came to town in April nattily dressed in a gray wool suit and tan overcoat. He will leave Batavia in shackles.

Following a three-day jury trial, Hassem was convicted today of grand larceny 4th.

Hassem posed as a recent African immigrant who needed help with a transaction at Tonawanda Valley Federal Credit Union. He managed to switch envelopes with a woman, stealing $2,000 cash from her.

Soon after the theft, the Batavia Police sent out a picture of Hassem to local media. The release of the bank surveillance camera photo soon led to Hassem's arrest in Buffalo.

Hassem, who began his career in crime in 1957, according to District Attorney Lawrence Friedman, faces similar charges in Albany and Schenectady. Officials from one of those jurisdictions will likely pick him up at Genesee County Jail following his March 17 sentencing.

"He has a very extensive criminal history for this type of thing and others," Friedman said. "That's unusual right there. I mean, we have a 69-year-old defendant who has been in the system for 53 years."

Judge Robert C. Noonan will have a couple of options in sentencing Hassem to state prison. Now classified as a second-felony offender, he will get either one-and-a-third- to three-years or a term of two to four years in the penetentiary.

The Le Roy Police Department arrested warrant suspect James J. Santiago Jr., of 31 Myrtle St., Le Roy, after he turned himself into the Le Roy Police Department accompanied by his attorney.

The arrest stems from the intensive investigation into the disturbance which occurred Jan. 23 at his address in the village in which three persons were sent to the hospital for knife wounds to the arm, neck and chest, respectively.

The police were able to determine that this disturbance was the result of an alleged robbery of two ounces of marijuana.

It is alleged that between 10 p.m. and midnight Friday, Jan. 22, people from Le Roy, including Santiago, ordered two ounces of marijuana from a person in Batavia. The marijuana was delivered and the deal was to take place in a local parking lot. During the transaction, the marijuana was allegedly forcibly stolen by Santiago who then left the area.

The person who brought the marijuana called others from Batavia notifying them of the robbery at which time six people drove to Le Roy to attempt to get the marijuana back.

The group arrived in Le Roy and walked to Santiago's residence where they allegedly confronted Santiago demanding the return of the marijuana. When he refused, an alleged violent physical altercation occurred involving a knife and golf clubs. Afterwards, the group fled the area without the marijuana.

Santiago is being charged with one count of robbery 3rd (forcible stealing of the marijuana), assault 2nd (assault with a weapon) and criminal possession of a weapon 3rd (possession of a weapon with intent to use against another and having been previously convicted of a crime). All charges are Class D-Felonies. Santiago was arraigned before the Hon. Charles Dusen of the Town of Le Roy Court and committed to the Genesee County Jail without bail.

The Le Roy Police were assisted in this investigation by the Genesee County Sheriff’s Department, the Genesee County Drug Task Force, the New York State Police and the Genesee County District Attorney’s office.

Jessica Lauren Wildey, 19, of 14 Jamie Lynn Drive, Churchville, is charged with DWI and driving with a BAC of .08 or greater. At 6:48 a.m. Monday, Deputy Frank Bordonaro was investigating an assault complaint at a location in Bergen when Wildey reportedly drove back to the scene (she had reportedly been involved in the initial disturbance). Upon further investigation, Deputy Bordonaro determined Wildey had allegedly been driving drunk.

Accidents from the State Police blotter:

8:06 a.m. Feb 1., Galloway Road, Batavia, one vehicle; Driver 1: Jessica L. Worden, 22, of Penn Yan. No injuries, no citations reported.

Wanted by the Genesee County Sheriff's Office for an alleged violation of probation: Christopher A. Laird.

Laird was placed on probation following a charge of burglary 2nd. He has reportedly failed to comply with the terms of his probation.

Laird frequents the Village of LeRoy and the City of Batavia. 

Warrant Officer Eric Olson asks that people with information on the whereabouts of Laird call 911.

Ralph A. Golding, 20, of Darien, is charged with obstructing governmental administration 2nd, resisting arrest, bail jumping and unlawful possession of marijuana. Golding was arrested at 10:28 a.m. Friday at 1891 Sumner Road by State Police. Also charged with obstructing governmental administration 2nd, Darlene D. Mutter, 45, of Corfu. No further information available.

Luis A. Altache, 40, of 4385 Lockport Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and speeding. Altache was stopped at 2:31 a.m Sunday by Deputy Howard Carlson in the Village of Elba for allegedly speeding.

Cory C. Sheffer, 19, of Bergen, is charged with unlawful possession of marijuana. Sheffer was arrested at 2:40 a.m. Saturday at 6163 N. Lake Road, Bergen. A 17-year-old from Bergen was also arrested by State Police. No further information available.

Do you know this man? He's wanted by the Batavia Police as a suspect in a larceny at Alberty Drug Store on East Main Street, Batavia.

The incident occurred Wednesday about 6:30 p.m The suspect was last seen on foot heading toward Jackson Street.

No word on what he is suspected of stealing.

Anyone with information can contact the Batavia Police Department at (585) 345-6350.

Local law enforcement agencies conducted a sweep of the area last night checking on registered sex offenders and convicts on probation or parole.

In all, about 100 people received an unexpected visit from a plain clothes or uniformed cop.

Five arrests were made on outstanding warrants and nine people were found out of compliance with the terms of their release.

A total of 50 registered sex offenders had their current addresses verified.

Sixteen people out of jail under the supervision of Genesee Justice were checked, and three people were reportedly found out of compliance of the terms of their release. Those cases were referred to Genesee Justice for further review.

Fifteen people under the supervision of the county probation department were checked, and two were reportedly found out of compliance of the terms of their release. The investigation is continuing on these cases.

Eighteen New York parolees were checked on and four were reportedly found out of compliance of the terms of their parole. The investigation is continuing on these cases.

Arrested on outstanding warrants were five Batavians: 

• Gary Amarosa, 52, of 4029 W. Main St. Road.
• Thomas Kennelly, 26, of 16 Maple St.
• Raquel Ramos, 29, of 329 Ellicott St.
• Ballard Maye, 23, of 35 Maple St.
• Kirk Frye, 20, of 3207 Pratt Road

Participating in the sweep were City of Batavia Police, Genesee County Probation, New York State Division of Parole, Genesee County Sheriff's Office, Genesee County Local Drug Enforcement Task Force.

A Le Roy man allegedly stole marijuana from a suspected drug dealer, who then brought friends back from Batavia, leading to a fight at 31 Myrtle St., Le Roy, on Jan. 23.

Sought in connection with the fight is James J. Santiago Jr., 30, of 31 Myrtle St., Le Roy. The arrest warrant charges him with robbery 3rd (stealing the marijuana), assault 2nd and criminal possession of a weapon 3rd. (Santiago is pictured left.)

Already in custody is Ronald G. Carney, 21, of 1990 Genesee Street Road, Corfu. Carney, who reportedly suffered a three-inch cut to his neck in the fight, is charged with burglary 2nd. Carney is accused of entering Santiago's home with the intent to commit a crime. He was jailed on $1,000 bail. (Carney is pictured below.)

According to Le Roy Police Det. John Condidorio, two Le Roy residents ordered two ounces of marijuana from a dealer in Batavia. The deal was to take place around 10 p.m. in a parking lot on Lake Street. As the deal went down, Santiago allegedly stole the marijuana and fled with two other men.

The person who had the marijuana stolen called friends in Batavia. He then returned to Batavia and met up with five other people, and all six reportedly returned to Le Roy with the intent of recovering the marijuana.

The six individuals arrived in Le Roy and walked into Santiago's home and reportedly confronted Santiago. Santiago allegedly refused to return the marijuana, and the confrontation reportedly became physical.

Police say the weapons used in the fight included a knife and golf clubs.

There were initially reports of shots fired, but Le Roy Police have been unable to corroborate the use of a gun in the incident.

A total of nine people were involved in the alleged melee.

The six people who attempted to retrieve the marijuana fled the scene without it, according to police.

A total of three people, including Carney, suffered knife cuts and were treated and released at area hospitals, according to police.

The investigation is continuing and further arrests are pending.

The Le Roy Police are seeking the public's help in locating Santiago.

Tiffany A. Kent, 21, of 18 East Ave., Batavia, is charged with menacing 2nd and harassment 2nd. Kent allegedly struck another person in the face with a broomstick. She was jailed on $500 bail.

Joseph Martin Blatchley, 31, of 3233 Pratt Road, Lot 26B, Batavia, is charged with unlawful possession of marijuana. Blatchley was arrested by Deputy Christopher Parker following a complaint by his ex-girlfriend, who reported seeing marijuana or a pipe in his sunroom during a visit with their child.

Accidents from the State Police blotter:

9:12 a.m., Jan 27, Galloway Road, Batavia, two vehicles; Driver 1: Timothy R. Battaglia, 29, of Batavia; Driver 2: Bernadine Lindquist, 74, of Basom. No injuries. No citations reported.

3:04 p.m., Jan. 27, Oakfield, one vehicle; Driver 1: Juan C. Villegasmora, 24, of Batavia. No injuries. No citations reported.

"Fulge and Giesy" doesn't quite have the poetic ring of "Bonnie and Clyde," but the Rochester couple are allegedly partners in crime.

The duo was reportedly caught in the act this afternoon of allegedly burglarizing a home on Griswold Circle in Le Roy.

Operating on a tip from the Monroe County Sheriff's Department, members of the Genesee County Sheriff's Office, the Le Roy Police Department and the Genesee County Local Drug Enforcement Task Force were quickly on scene at 2:50 p.m. after Benjimin Giesy, 31, allegedly entered the a home at 7878 Griswald Circle.

Lindsey M. Fulge, 27, reportedly sat in the getaway car waiting for Giesy.

Giesy had allegedly broken down the front door of the house to gain entry and had already allegedly stolen jewelry, silver and coins from the residence.

When law enforcement officers arrived, they took Fulge in custody first and then entered the house to apprehend Giesy.

Giesy reportedly tried escaping by jumping from a first-floor window. He was quickly apprehended without further incident.

Fulge and GIesy were also allegedly found in possession of a small amount of heroin, hypodermic needles and marijuana.

Both were charged with burglary 2nd, grand larceny 4th, criminal mischief 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana.

Monroe investigators have been working on a string of burglaries involving Rochester residents hitting Genesee, Ontario and Wyoming counties.

All items allegedly taken from today's burglary were recovered.

Fulge's bail was set at $50,000 and bail for Giesy is $100,000.

An alleged would-be burglar has just been busted on Griswold Road.

Law enforcement (probably Sheriff's Deputies and State Troopers) officers on scene were setting up to take the suspect while he was still in the house.

A female was reportedly waiting in a car outside the house.

It's unclear how law enforcement became aware of the burglary in progress. Several units responded to the scene.

The owner was not apparently home and officials did not have contact information for him.

UPDATE: While the initial call said "Griswold Road," it was actually Griswold Circle in Le Roy. You can read the arrest report here.

Wendy Lynn Mucher, 40, 27 Valle Drive, Batavia, is charged with insurance fraud 3rd. Mucher allegedly presented a State Farm agent a receipt containing materially false information related to her claim for payment.

Kyle Davis Faron, 26, of 8133 Remsen Road, Pembroke, is charged with felony DWI, felony driving with a BAC of .08 or greater and unsafe lane change. Faron was stopped at 1:23 a.m. by Deputy Jason Saile in front of Faron's residence.

If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

Todd James Pangrazio, 34, of 8032 E. Main Road, Le Roy, is charged with coercion 1st, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Pangrazio allegedly got into a fight with his girlfriend and "instilled fear in her," and damaged her mobile phone, preventing her from calling for help. He also allegedly had physical contact with her and two children under age 17. The case was investigated by Deputy Frank Bordonaro.

Eslie James Worthington III, 20, of 2609 Batavia-Oakfield Townline Road, is charged with harassment 2nd. Worthington is accused of striking another person in the face at about 2 a.m. on Dec. 20. (Worthington was also involved in a one-vehicle accident Dec. 27 in which he suffered a head injury.)

A 17-year-old boy from Oakfield has been charged with forcible touch. The alleged incident occurred in December. He is accused of inappropriately touching a female who was at his residence. The case was investigated by Kristopher Kautz.

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

A Batavia man who admitted to assaulting a Sheriff's deputy and escaping arrest will serve four years in state prison for the assault.

Ryan L. Krupp, 24, will serve a concurrent 2-4 year term on the escape 2nd charge.

The maximum sentence Judge Robert C. Noonan could have imposed was seven years. Defense Attorney Jerry Ader asked for a minimum sentence of three years.

Ader noted that Krupp has previously completed substance abuse treatment and held a job, making him a candidate for a minimum sentence.

"When he makes the right decisions, they’re good decisions," Ader said.

If Krupp were not a second felony offender, the minimum sentence would have been two years.

Krupp said he was very sorry.

"If I could take it back, I sure would," Krupp said.

Noonan made very little comment before imposing the sentence.

Deputy Patrick Reeves suffered a minor ankle injury when Krupp reportedly shoved him out of the way while Reeves was arresting him on a warrant last October.

William G. Cummings, 59, of 9815 Lake St., Pavilion, is charged with menacing 2nd. Cummings was arrested at 2:58 a.m. Friday after allegedly threatening another man by brandishing a baseball bat.

Roy R. Bell, 29, of 283 Seneca Manor, Rochester, is charged with forcible touching and endangering the welfare of a child. Bell is accused of inappropriate contact with a 16-year-old girl.

Woodrow C. Horseman, 33, of 3 Lewis Place, Batavia, is charged with petit larceny. Horseman is accused of stealing two 18-packs of beer from Tops.

Timothy E. Moon, 35, of 315 Bank St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater, inadequate headlamps, failure to notify DMV of an address change and having an open container. Officer Eric Bolles reportedly observed Moon operating a motor vehicle with inadequate headlights at 1:22 a.m. Sunday.

Jaclyn E. Spiegel, 23, of 147 Ross St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater and moving from lane unsafely. Spiegel was stopped by Officer Kevin Defelice at 1:38 Saturday morning for an alleged unsafe lane change on E. Main Street at Bank.

John Francis Biegas, 19, of 6496 Clinton St. Road, Stafford, is charged with criminal nuisance 2nd, unlawful possession of marijuana and unlawful possession of alcohol with intent to consume. Biegas is accused of hosting an underage drinking party at his home.

A 17-year-old girl from Batavia is charged with aggravated harassment 2nd. The youth reportedly contacted another person in Pembroke via MySpace several times after being told not to.

Gerald E. Buchinger, 60, of 5159 Ellicott St. Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Buchinger was identified as a suspect by Deputy James Diehl after a driver on Batavia Stafford Townload Road left the roadway and struck shrubs and trees and a residence.

A 17-year-old student of Pavilion School is charged with unlawful possession of marijuana. During an invited canine sniff search of school grounds, the K9 alerted on a car in the parking lot. Upon investigation Deputy Brian Thompson allegedly found marijuana, drug paraphernalia and a realistic looking C02 pistol.

Ami Lou Blackmore, 48, of 30 Exchange St., Attica, is charged with DWI, felony aggravated DWI for driving with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Deputy Jason Saile, at 5:08 a.m. on Friday, investigated a report of trespass at 650 Bloomingdale Road in Alabama. Saile came into contact with Blackmore and arrested her for the alleged offenses.

Joshua C. Mciver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with unlawful possession of marijuana. Mciver was arrested at 11:24 p.m. Thursday at College Village by Deputy Jason Saile.

Michael L. Milroy, 43, of Bethany, is charged with torture/injure/not feed an animal, menacing 2nd and reckless endangerment 1st. Milroy was arrested by State Police at 12:07 a.m. today at 5461 Mclernon Road, Bethany. No further details are available.

Brett W. Short, 23, of Stafford, is charged by State Police with endangering the welfare of a child. Short was arrested at 2:29 p.m. Saturday. The alleged incident occurred Dec. 23. No further details are available.

David G. Duignan, 43, of Batavia, is charged by State Police with DWI, driving with a BAC of .08 or greater, and failure to keep right. Duignan was stopped in Albion at 8:57 p.m. Friday.

Accidents reported in the State Police blotter:

8:26 p.m., Jan. 23, Bank Street Road, Batavia, one vehicle; Driver 1: Christopher J. Byers, 19, of Brockport. No injuries. No citations.