crime

Joseph A. Monkelbaan, 40, of Tesnow Road, Akron, and David J. Albright, 51, of Meadville Road, Basom, are charged with trespass. Monkelbaan and Albright are accused of trespassing on property on Wright Road, Alabama, while riding ATVs.

Gregory Angel DeJesus, 21, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:25 a.m., Wednesday, and jailed on $250 bail.

Mickey Harlen DeJesus, 23, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:50 a.m., Wednesday, and jailed on $250 bail.

Darik R. M. Orbaker, 19, of 12 Elm St., Batavia, is charged with criminal contempt, 1st. Orbaker was allegedly observed with a person protected by a "stay away" order.

One of the two men charged in a pair of burglaries in September entered a guilty plea in Genesee County Court today and faces up to 10 years in prison.

Michael J. Hilton, 20, a former Le Roy resident, entered a guilty plea to burglary, 2nd. He had also been charged with grand larceny, 4th.

According to District Attorney Lawrence Friedman, Hilton faced two additional burglary charges -- a break-in at 39 Trumbull Parkway and one at 36 Williams St. -- but his office won't file those charges as part of the plea agreement.

Under the plea agreement, Hilton waived his right to appeal and agreed to pay an unspecified amount of restitution to his victims.

However, in order for the two uncharged burglaries to be included in any restitution total, the DA's office would need to file charges in those cases. Friedman told Judge Robert C. Noonan that is possible, though the charges would not figure into Hilton's sentencing.

Hilton can't receive more than 10 years in prison, under the terms of the agreement. Sentencing is set for May 9.

Hilton was arrested with Kurt Hawkins following a pair of break-ins on Williams and Swan streets, Batavia, in late September.

Hilton and Hawkins reportedly entered an occupied residence on Swan Street.

Hawkins was sentenced Monday on burglary and assault convictions to nine years in prison.

A warrant was issued in Genesee County Court today for a woman involved in a one-car rollover accident March 8 and expected to be released from Strong Memorial Hospital today.

Michelle Crawford, who in 2009 was the first person in Western New York charged with felony DWI under "Leandra's Law," was placed on the court docket for an alleged violation of probation.

"I would request a warrant," said Assistant District Attorney Will Zickl, "especially considering the circumstances that required her appearance, which included drinking and driving and getting into a serious motor-vehicle accident."

No charges have been filed related to the March 8 accident. The Sheriff's Office is awaiting results of blood tests before determining what, if any, charges are filed.

According to attorney William Harper, of the Public Defender's Office, Crawford was taken out of the intensive care unit yesterday.

Crawford will require ongoing medical care upon her release from the hospital, but Zickl said outside of court that if she is arrested and jailed, the jail can provide for her care.

Reportedly, Crawford's jaw has been wired shut.

The 26-year-old Batavia resident has three children and was arrested for alleged DWI in November 2009. Her children were reportedly in her car at the time of her arrest, making it a felony DWI under a fairly new law that made driving while drunk with children in the car a more serious crime.

However, in a bench trial in Erie County, Crawford was acquitted of the felony charge and convicted of driving while ability impaired and three counts of endangering the welfare of a child.

A 26-year-old Batavia mother of three young children who was among the first people in the state arrested in 2009 under "Leandra's Law" avoided a felony conviction in that case, reports WHAM 13's Sean Carroll.

Following her conviction on a single count of driving while ability impaired, Michelle Crawford also wasn't required to drive a car with an interlock ignition device.

Crawford was seriously injured in a single-car rollover accident in Byron last week and investigators say charges are pending in that case.

Erie County Judge William Boller who convicted Crawford of DWAI and three counts of endangering the welfare of a child, berated Crawford for putting her children in harm's way and then sentenced her to 60 days in jail and probation, according to video in Carroll's report.

At the time of the December 2009 arrest, Crawford's three children were 4, 3 and 17 months old.

"Leandra's Law," named after a little girl killed in a car crash involving an allegedly drunken driver, makes it a felony to drive drunk with children 15 years old or younger in the car.

The law also required anybody convicted of drunken driving to have an interlock ignition -- designed to keep a person who has alcohol on his breath from starting a car -- on any car the person might drive.

Carroll reports that Crawford was convicted of DWI in 2007 and that her license was revoked in 2009.

The car she reportedly drove March 8 was registered to a Batavia man whom Carroll reports Crawford was living with. Carroll said the car's owner was sleeping when Crawford allegedly took the car and he didn't know about the accident until seeing news reports the following morning.

Crawford's children are reportedly living with relatives in Erie County.

Mason Dumbleton, 20, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, unsafe speed, unsafe lane change and unlawful possession of marijuana. Dumbleton was reportedly involved in a motor-vehicle accident on Route 20A in the Town of Perry at 10:30 p.m., Saturday. Dumbleton's vehicle reportedly left the south side of the road, struck a driveway culvert and a utility pole causing it to go airborne. The car landed on its roof. Dumbleton reportedly suffered minor injuries and was treated at the scene.

Daniel Norman Brown, 39, of Lake Street, Le Roy, is charged with criminal contempt, 2nd. Brown is accused of placing a phone call to a person he is barred from contacting. Brown was also arrested the day before, on Sunday, and charged with harassment, 2nd. Brown was accused of grabbing a woman and pushing her down.

Enoch Ronald Cole, 61, of Lake Street Road, Le Roy, is charged with harassment, 2nd. Cole allegedly punched another person in the back.

Kevin James Hodge, 28, of Valley View Drive, Batavia, is charged with petit larceny. Hodge is accused of stealing $66.21 in merchandise from Kmart.

Kathryn Ann Tordy, 45, of Sheriden Drive, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, improper left turn and failure to keep right. Tordy was stopped at 12:34 a.m. Saturday on Remsen Road, Pembroke, by Deputy Kevin McCarthy.

Daniel Jay Balduf, 20, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and insufficient tail lamps. Balduf was stopped at 3:35 a.m. Saturday on Angling Road by Deputy Kevin McCarthy.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens allegedly entered and remained unlawfully in a hotel room.

Jill Ann Fulater, 59, of Shepard Road, Batavia, is charged with DWI, driving left of pavement markings and improper right turn. Fulater as stopped by Deputy Kevin McCarthy at 4:20 a.m. Sunday on Route 63, Batavia, following a complaint of an erratic driver.

Timothy Ryan McJury, 24, of Madison Street, Batavia, was arrested on a bench warrant for petit larceny. McJury was arraigned in Town of Batavia Court. McJury was arrested on a city court warrant for parking violations. McJury was jailed on $1,000 bail.

A 17-year-old resident of Warboys Road, Byron, is charged with unlawful possession of marijuana, speeding (75 mph in a 55 mph zone) and driving on a junior license (state Class DJ) after 9 p.m. and driving on a DJ license with two or more passengers under age 21. The youth was stopped at 1:13 a.m. Sunday on Buffalo Road, Bergen, by Deputy Timothy Weis.

A man accused of taking part in a couple of Batavia burglaries in the early fall was apparently sorely disappointed in the nine-year sentence handed down by Judge Robert C. Noonan today.

Kurt H. Hawkins Jr., 18, who has no permanent address, uttered a mild profanity and refused to sign about a half-dozen orders of protection documents when Noonan had them presented to him.

Noonan warned Hawkins such behavior wouldn't look good on his record at any future parole hearing, but Hawkins slumped in his chair and still refused to sign.

A month ago, Hawkins admitted to burglary, 2nd, and assault, 2nd.

The assault charge stemmed from an attack on an inmate in the Genesee County Jail following his initial arrest.

Noonan noted just before pronouncing his sentence that while Hawkins had no prior criminal history, he had shown a propensity for violence and the attack in the jail was of particular concern.

Noonan also reminded Hawkins that he was lucky, maybe, to be alive.

"I recognize your history and the fact that fortunately nobody was hurt in (the burglaries), but it could have been you (who was hurt)," Noonan said. "A lot of people keep protection in their homes and they would have been perfectly justified under the law to use it. It could have been you dead on the floor of that bedroom."

A woman was reportedly home, alone, in her bedroom when Hawkins entered the house.

Hawkins and his attorney Jerry Ader blamed his conduct on abuse of drugs and alcohol.

"He could have quite a future ahead of him if he just applies himself and avoids drugs and alcohol," Ader said. "Obviously, a prison sentence will help him do that, but it's just a question of how long."

In court, Hawkin's only statement, other than his refusal to sign, was, "I feel bad for the woman when I ran into her."

Derick Barker and Justin Barker

A 22-year-old Batavia man who pleaded guilty to a conspiracy to commit murder charge well as other felonies will spend from two to six years in state prison, Judge Robert C. Noonan ruled today

Justin Z. Barker, of North Lyon Street, previously admitted to criminal possession of a controlled substance, 5th, and burglary, 3rd, but entered what's known as an "Alford Plea" in the murder-for-hire case, which means he didn't admit to the actual crime, just that he would probably be convicted if the case went to trial.

The burglary charge stems from a 2009 break-in at the Beaver Brothers Restaurant at Darien Lake Theme Park in which Barker and an accomplice got away with more than $7,000 cash. Baker was the driver and got to keep half the cash, according to courtroom discussion today.

The drug charge stems from Barker's arrest June 2 after management at a hotel complained about unpaid hotel guests who wouldn't leave.

Barker's brother, 25-year-old Derrick, fled on foot and was captured in a field across the Thruway from the hotel.

Also arrested June 2 was Benjamin Santiago Jr., 22, of North Lyon Street, Batavia.

Santiago allegedly had 70 bags of heroin in his backpack. A quantity of cocaine was found in the room, too.

Barker's defense attorney, Jerry Ader, sought to make technical clarifications to the record in court. Ader maintained that Barker was in no way involved in the misuse of a credit card involving a person not, apparently, associated with the case, and that Barker did not possess heroin.

Noonan struck the name of the woman with the credit card from the report on Barker, but let the information on heroin stand.

Ader said that such clarifications are important when a prisoner comes up for parole.

The other clarification was the name in the report on the purported target of the murder conspiracy. A woman's name was taken out and Benjamin Santiago's name inserted.

Assistant District Attorney Will Zickl pushed for the maximum sentence available under the plea agreement -- two- to six-years in prison) because of the seriousness of the conspiracy charge and the multiple criminal accusations in Barker's file.

"The defendant has committed or participated in drug crimes, crimes of domestic violence, property crimes, crimes of personal dishonesty and of course, the conspiracy," Zickl said. "I submit the conspiracy was substantial and was frankly quite far along in the process at the time of his plea -- money had exchanged hands."

Ader argued that many of the alleged crimes mentioned by Zickl were not anything Barker admitted doing, and that's why he didn't plead guilty to the other charges.

Ader noted that Barker, who had no prior felony convictions, had been through a series of misfortunes, including the sudden death of a daughter that led Barker to get involved with drugs.

"All of this set him off in a direction that wasn't helping, not helping for the community and not helping for himself," Ader said.

When asked to speak, Barker said, "I regret my actions. I wasn't thinking clearly when I did what I did. I'm sorry for everything I did."

Noonan responded, "Not thinking clearly is a pretty good defense to a lot of things, but it's not a good defense to conspiracy to commit murder. It's absolutely baffling that there could be anything that could make you think your conduct in this case is anything you could lead you to say just, 'I'm sorry.' "

The third member of a trio of men who brutally assaulted a Batavia resident and caused him to lose an eye will spend seven years in prison, Judge Robert C. Noonan ruled this afternoon.

The attorney for Timothy Andrews, 21, of 144 Bank St., Batavia, argued that Andrews didn't enter the apartment with his brother and Christopher Preedom but Noonan said he didn't believe the assertion.

"If you wanted to refute the allegation that you went into the apartment, you should have gone to trial," Noonan said.

Earlier, District Attorney Lawrence Friedman said that both the victim's statement and the statement of a witness indicated all three men, including Timothy Andrews, entered the apartment.

"This defendent and his brother beat (the victim) on the front and back of his head with coffee mugs and the victim said he suffered skull decompressions as a result," Friedman said.

As Friedman spoke, Andrews looked back at the 20 or so family members and friends gathered in the courtroom and shook his head, "no."

When Noonan pronounced sentence, several women in the group burst into tears and several people were crying as they filed out of the courtroom after the sentencing.

Andrews told Noonan that whatever sentence Noonan imposed, he would use the time to learn and be a better person, the kind of person he thought he would become when he was little.

"I'm going to learn better skills and get an education," Andrews said. "Whatever I get today is something I'm going to have to accept and move on with my life."

On Dec. 19, Andrews entered a guilty plea to attempted burglary, 2nd, for his part in the attack of a resident of Woodstock Gardens Apartments.

Andrews reportedly said in a probation report that he only went along to protect his brother, 19-year-old Kevin Andrews, because he thought there would be trouble. He reportedly said he knew Christopher Preedom,18, of 21 Holland Ave., Batavia, the lead assailant, was really mad at the victim.

Preedom received a 12-year prison term and Kevin will spend seven years in prison.

Joseph Henry Schenk, 20, of Overlok Drive, Batavia, is charged with criminal possession of stolen property, 5th. Schenk is accused of possessing a watch and refusing to give it back to its owner.

Martin Robert Maye, 36, of Johnson Mill Road, Berkeley Springs, W. Va., is charged with criminal contempt, 2nd, and endangering the welfare of a child. Maye allegedly had contact with a child he is barred from visiting unless a supervisor is present.

Jordan James Bennett, 18, of Tinkham Drive, Darien, is charged with unlawful possession of alcohol by a person under age 21.

Justin M. Wotherspoon, 25, of Gibson St., Oakfield, is charged with criminal trespass. Wotherspoon is accused of entering the hotel room of two women, who were sleeping, without permission.

Melissa J. Vesosky, 25, of 1260 Lehigh Station Road, Henrietta, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Vesosky was stopped at 10:26 p.m. Sunday on East Main Street, Batavia, by Deputy Matthew Fleming.

Douglas S. Sprague, 44, of 63 S. Pearl Street, Oakfield, is charged with criminal contempt, 2nd, unlawful possession of marijuana, and was wanted on a Family Court warrant for alleged failure to pay child support. Sprague allegedly violated an order of protection. At the time of his arrest, at 8:07 p.m, Tuesday, Sprague was allegedly found in possession of two glass pipes containing marijuana. Sprague was jailed on $1,500 bail.

Eric Charles Zglinicki, 49, of Alleghany Road, Darien Center, is charged with criminal possession of a weapon, 4th. Zglinicki was allegedly found in possession of three shotguns following an investigation and search of his residence by the Genesee County Probation Department and the Sheriff's Office. Zglinicki has a prior felony conviction.

Samantha Mary Williams, 31, of Warsaw Road, Le Roy, was arrested on a bench warrant out of the Hamburg Town Court to appear on charges of resisting arrest and obstruction of governmental administration. Williams was turned over to the Hamburg Police Department.

Allen Skye Dockstader, 29, of Council House Road, Alabama, was arrested on a bench warrant out of Genesee County Court on a charge of violating probation following an investigation into a criminal mischief complaint.

Cody L. Osborn, 24, of 3265 State St., Caledonia, is charged with DWI, driving with a BAC of .08 or greater, inadequate head lights, aggravated unlicensed operation, 1st, possession of an open container of alcohol in a vehicle and unlawful possession of marijuana. Osborn was stopped in the early hours Saturday by Le Roy Police. He was jailed on $1,500 bail.

Shawn Richard McGiveron, 23, East Main Street, Corfu, is charged with criminal contempt, 2nd. McGiveron is accused of violating an order of protection by calling and sending text messages to a protected person.

A person reportedly kicked his way into the Discovery Chapel, 315 W. Main St., Batavia, overnight and left barefooted sometime later.

The break-in was reported at 8:15 a.m.

A door to a storage shed was forced open as well as a door into the church itself.

Found in the seating area of the church was a jacket, shoes and socks.  Investigators believe these items were left by the perpetrator.

Police found the impressions of bare feet in the snow outside the church. The footprints indicate the person walked east on the south side of Main Street, and in the area of Main and Court, the person turned toward the roadway and may have gotten into a car.

The suspect appears to have suffered a cut on his right foot.

So far, no items are reported missing.

Anyone with information is asked to contact the Batavia Police Department at (585) 345-6350 or by calling the confidential tip line at (585) 345-6370.

A 26-year-old Le Roy resident is accused of serving a 17-year-old alcohol and then having sex with her.

The sex was allegedly not consensual.

Alexander J. Kessler, of Myrtle Street, is charged with criminal sexual act, 1st, aggravated sexual abuse, 3rd, forcible touching, endangering the welfare of a child and unlawfully dealing with a child.

The top charge carries a potential sentence of five to 25 years in state prison.

Le Roy Police arrested Kessler following an investigation after receiving a complaint today that Kessler supplied an underage girl with alcohol.

Following arraignment, Kessler was jailed on $5,000 bail.

Shane Scott, 17, of Forestville, Pa., William Gorton, 17, of 92 Lake St., Le Roy and a 15-year-old boy are accused of participating in a burglary. Shane and William are charged with burglary, 3rd, and attempted burglary, 2nd. They are accused of entering an apartment building Thursday on Bacon Street, Le Roy, and attempting to steal property from the apartment. The 15-year-old will be referred to Family Court. They were arraigned and released under supervision of the probation department. William was also charged with burglary, 2nd, in connection with an alleged break-in Feb. 19 on Myrtle Street. Additional arrests in the case are pending.

Katie L. Orlando, 19, of 24 Craigie St., Le Roy, is charged with coercion, 1st. Orlando is accused of going into the apartment of a person and threatening that person. Orlando allegedly later called that person on the phone and issued a threat. The alleged threats came after the victim reportedly called 9-1-1 the night before and were allegedly intended to intimidate the victim from calling 9-1-1 in the future. Orlando was jailed on $2,500 bail.

Steven Carnell McKnight, 18, of 14th Street, Buffalo, is charged with burglary, 2nd, and criminal mischief, 2nd. McKnight allegedly forced his way into a residence on Gabbey Road in Pembroke on Feb. 14 in order to steal property from the residence.

Willie F. Irvin II, 29, 12 Elm St., Batavia, is charged with criminal mischief, 4th, and reckless endangerment of property, and Randy Johnson, 24, of 110 Walnut St., Batavia, is charged with reckless endangerment of property. Irvin and Johnson are accused of fighting in a bar in Batavia and in the process damaging a video game and glass display case.

Casey Willowbear, 52, of Sanford Street, Rochester, is charged with unlawful possession of marijuana. Willowbear was stopped for allegedly speeding at 9:12 p.m., Wednesday, on West Main Street Road by Deputy Matthew Fleming. She was allegedly found in possession of a glass pipe containing burnt marijuana inside her vehicle.

A 17-year-old of Judge Road, Alabama, is charged with petit larceny. An employee at Wilson Farms, 25 Main St., Oakfield, observed the youth allegedly trying to leave the store with merchandise concealed under her shirt.

A registered sex offender who was also recently arrested on a burglary charge in Oakfield entered a guilty plea in Genesee County Court today and faces up to six years in prison.

Steven Mullen admitted to failure to register as a sex offender and burglary, 3rd.

He waived indictment on both charges and also waived his right to appeal.

The plea deal would mean one-and-a-third to four years in state prison on the failure to register charge and the burglary charge has a penalty of three to six years.

The sentences would be served concurrently.

In 2004, Mullen was convicted of sexual abuse in the first degree and served two-and-a-half years in prison.

Mullen remains in Genesee County Jail on $100,000 bail.

A Rochester man accused of dealing cocaine in Batavia has a chance at avoiding prision if he can just stay out of trouble while awaiting his sentence.

In Genesee County Court today, Edward J. Fuller (aka "Taz"), 21, of 1906 Parsells St., Rochester, entered a guilty plea to attempted possession of a controlled substance, 3rd.

The plea arrangement will mean what's known as "shock probation" (an intermittent jail sentence and five years probation) if he can do things such as obey his 7 p.m. to 6 a.m. curfew and stay in contact with Genesee Justice between now and his sentencing.

Fuller was arrested in Batavia on July 12 following an investigation by the Local Drug Enforcement Task Force. He was accused of possessing more than an ounce of cocaine and $3,000 in cash.

All other pending charges against Fuller were dropped as part of the plea deal.

A Genesee County jury today found a home-care nurse from Bergen guilty of filing false reports with her employer, generating compensation she hadn't earned.

Michele Ann Case, 46, of 7100 N. Bergen Road, Bergen, was convicted of grand larceny in the third degree.

To be found guilty, the jury needed to be convinced beyond a reasonable doubt that Case stole at least $3,000 from her former employer.

She was accused of stealing more than $14,000 over a two-and-a-half year period.

District Attorney Lawrence Friedman, in his closing argument, said Case filed 230 false claims with her employer.

"How could she not be aware of what she was doing?" Friedman said.

Friedman said testimony and documents showed that Case claimed 69 times that she made "call outs" -- totaling more than $5,000 in extra billing to her employer -- that she did not make.

She would make "call out" claims, he said, during hours when she was already working, when she had training or when she stayed in the office late filling out paperwork.

Case was also accused of filing false mileage reports, and Friedman said the false mileage reports were wildly inflated -- one report had her driving 30 miles, he said, when the trip was only 7/10ths of a mile.

Friedman said the evidence showed that in all but her first mileage claim Case filed inflated mileage reports, for a total of 33 times.

"She didn't offer any explanation for the inflated milage claims because there aren't any," Friedman said.

William Tedford from the Public Defender's Office made the closing statement for the defense and said that Case did not receive any compensation she did not believe she was legally entitled to receive.

"What we see here is a wide discrepancy between practice and policy," Tedford said.

The problem, according to Tedford, is that how nurses actually completed their paperwork and computer reports and what they were allowed to claim wasn't necessarily in line with policy.

"The people are trying to convict my client of violating policy," Tedford said.

He used as an example a practice change allowing nurses to claim "call outs" that came after 4 p.m. rather than 4:30 p.m., but Friedman said "there is no massive change in policy."

The district attorney said that was the only item brought up in testimony about any conflict between policy and practice.

Tedford criticized the prosecution for not presenting paper copies of charts and the policy, and for not getting a search warrant for Case's computer. But Friedman said the reason there were no paper charts in evidence was because none exist. And a search warrant wasn't needed for the computer because, first, all of Case's files were downloaded daily to her employer's server and, second, the employer owned the computer, so a search warrant wasn't required.

When Det. Charles Dudek interviewed Case, Friedman said, Case admitted to financial difficulties. She said the father of her children was more than $70,000 behind in child-support payments.

"I can't make ends meet," Case reportedly told Dudek.

She also reportedly told Dudek that she took a big pay cut when she left a job in Monroe County, but as Dudek questioned her further, Friedman said, it turned out she hadn't quit her job. She hadn't successfully completed, according to Friedman, her probationary period on the job.

"She didn't take a pay cut," Friedman said. "She was unemployed when she went to work for (her former employer). It's just another example of her trying to con the detective."

Tedford also argued that if Case was filing obviously false reports, why did it take her employer two-and-a-half years to bring it to anybody's attention?

Friedman said her supervisors simply weren't on the alert for wrongdoing.

"You heard (her supervisor) testify," Friedman said. "She assumed she was honest. She said, 'she's a licensed nurse, a professional, I expected her to be honest.' "

Case remains out of jail pending sentencing at 1:30 p.m., May 22.

Grand larceny in the third degree is a Class D felony and punishable by up to seven years in state prison.

After the verdict, Case walked into the gallery and was embraced by her mother and she sobbed.

When she left, Case's mother approached a reporter and said, "If you put anything in The Batavian that's not true, I'm going to sue you. What those people (pointing to the representatives from Case's former employer) said isn't true."

Previously: RN accused of creating inflated call claims to steal more than $14,000

A former Batavia resident convicted of three felonies in Wyoming County who got married, changed his name and then fought extradiction from West Virginia is back in jail awaiting sentencing April 5.

Eric J. Motzer, 25, now goes by the name Eric J. Disalvo after getting married Sept. 21 in front of a Genesee County Justice of the Peace.

He was convicted by a jury in Wyoming County Sept. 14 of criminal sale of marijuana, 2nd, rape, 2nd, criminal sexual act, 2nd, and endangering the welfare of a child.

Up until Sept. 22, when he was scheduled for sentencing Motzer/Disalvo, who was out of jail on $5,000 bail, had made all of his court appearances.

He didn't show up that day and a warrant was issued for his arrest.

Clay County Sheriff's deputies apprehended Motzer/Disalvo on Oct. 5.

He fought extradition on the grounds that his name was Eric J. Disalvo, not Eric J. Motzer, according to a Wyoming County Sheriff's Office press release.

According to the release, on Feb. 22, after numerous hearings and a governor's warrant being issued, Motzer -- still stating his name was Disalvo -- waived extradition.

Wyoming County officers drove to West Virginia yesterday, picked up Motzer/Disalvo and transported him back to New York.

Motzer/Disalvo is now being held in Wyoming County Jail without bail.

An 18-year-old Byron resident who was reportedly driving a golf cart Nov. 26 on North Byron Road when the cart was struck from behind by a car, leading to the death of her passenger, was arrested today on two felony charges.

A blood sample taken by investigators that night allegedly tested positive for alcohol and a drug.

Cortney L. Greene, of North Byron Road, Byron, is charged with vehicular manslaughter and criminally negligent homicide.

The top felony, a Class D, carries a maximum prison term of seven years.

The Sheriff's Office did not release the type of drug allegedly in Green's system at the time of the accident.

Zachary J. Rusin, 18, of Holley, died as a result of his injuries after being thrown from the golf cart when it was struck.

The accident was reported at 12:07 a.m. and Green was arrested that morning and charged with DWI, at which time she agreed to provide a blood sample to law enforcement.

The driver of the car, Emmaleigh R. Odom, 19, of Pavilion, was not injured and not charged.

An attorney recently hired to represent Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, said after a court hearing today that he doesn't believe his client intended to hurt Grace Suozzi.

Based on his own interviews and statements he's read, Buffalo attorney Earl Key said there's a lot more to the story than has been reported so far.

"I don't believe my client intended to assault anyone," Key said. "The tape will tell me a lot. I've got to see the tape to see exactly what happened."

Key is concerned however, that the only tape available shows just the portion of the confrontation where Simmons allegedly hit Suozzi.

There's no indication that Simmons was suspected of stealing form the store. Key said she didn't steal anything and she had shown her receipt for the items in her bag.

He said Suozzi's own statement to police indicates she grabbed Simmons. Key said the information he has so far indicates Simmons was trying to push Suozzi away, not assault her.

The language of section 120.05 of the New York penal code states a person is guilty of assault in the second degree when "with intent to cause serious physical injury to another person he causes such injury to such person ..."

In court, Assistant District Attorney Melissa Cianfrini said unless a plea agreement is reached first, the DA's office intends to send the case to the Grand Jury for possible indictment.

Simmons is also charged with a provision of the assault in the second degree statute that is fairly new, making it a felony to assault a person 65 or older.

Key said he needs to study that statute further, but he believes the law is being misapplied in this case.

Among the evidence gathered by Key so far is a copy of Walmart's policy about demanding that customers show receipts.

He said typically store policy is that an employee never grab a customer. If they suspect a person of stealing, they're supposed to call the police.

Key acknowledged that the case has been contentious in comments on local and regional media sites, but said his client naturally regrets what happened.

"My client is an upstanding citizen," Key said. "She’s bright, she’s young, she’s a college student, she has no criminal history, of course she regrets it. I haven’t seen the medical records, but if the victim has the injuries alleged, then of course she’s truly, truly sorry."

Simmons is scheduled to next appear in Town of Batavia Court on March 26.