crime

If somebody contacts you claiming to be a relative in another country and in trouble with the law, local police are warning: use caution.

Today, according to police, a Batavia resident received just such a call and went to Tops Market with the intention to wire a significant amount of money to this "relative" in Lima, Peru (or claiming to be in Lima, Peru).

Alert employees at Tops were aware of the scam and suggested the resident contact Batavia PD.

A police investigation revealed the actual relative was safe and not in police custody.

The Batavia PD is encouraging residents to be wary of anyone requesting bail money via a Western Union wire transfer.

Kathryn Hughes Whipple, 34, of North Main Street, Lyndonville, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, failure to keep right and unlawful use of a mobile phone. Whipple was stopped at 1:50 a.m., Saturday, on Lewiston Road in Oakfield by Deputy Jason Saile.

William C. Leyden, 30, of 23 Parkhurst Drive, Hudson, N.H., is charged with criminal possession of a controlled substance, 7th. Leyden was allegedly found in possession of cocaine while at 3 Ross St., Batavia. NYS Parole assisted in the investigation. Leyden was jailed on $1,000 bail.

Jeremiah Thomas Altrogge, 28, of Cedar Street, Akron, was arrested on a bench warrant. The warrant was issued out of Alabama Town Court. Altrogge allegedly failed to pay a fine on an incident in August 2011. Altrogge was jailed on $1,000 bail.

James John Bachorski, 43, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Bachorski was allegedly found to be in possession of a marijuana pipe during an investigation into an alleged domestic dispute on Batavia Oakfield Townline Road. Bachorski's vehicle was stopped on South Pearl Street, Oakfield.

Daihnath Grady Geiogamah, 36, of Route 438, Irving, is charged with disorderly conduct. Geiogamah is accused of being involved in a domestic incident at 11:10 p.m., Saturday, at a location on Route 63, Town of Batavia, in which she allegedly threatened to fight family members and Sheriff's deputies. Geiogamah was jailed on $500 bail.

A 21-year-old driver who reportedly slammed his van through a guard rail and into the Tonawanda Creek off Walnut Street early Sunday morning has been charged with DWI.

Zachary D. Leitten, of 9351 Shepard Road, Batavia, was transported to UMMC after the accident and treated for injuries.

Beside facing a DWI charge, Leitten was cited for alleged speed not reasonable and prudent, moving from lane unsafely and driving on a sidewalk.

Officer Jason Ivison investigated the accident.

UPDATED 10:08 a.m.; UPDATED 10:19 a.m.

Two men from Rochester were arrested Thursday morning in Batavia after a possible burglary was reported on Maple Street.

A Maple Street resident called Emergency Dispatch at 4:30 a.m. to report observing two men removing items from a neighbor's residence and loading items into a vehicle.

Batavia BP and Sheriff's deputies responded and the vehicle was located on Oak Street.

The vehicle allegedly contained items taken from the Maple Street residence.

Taken into custody were Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address.

The suspects appear to have targeted the apartment at 10 Maple St., Batavia, because they knew the resident, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

Both men where charged with burglary, 2nd.

Doleman was also arrested Dec. 23 following a report of a car being broken into an items being stolen in the Kmart parking lot. Deputies and city PD responded to the call and reportedly stopped Doleman's car on Park Road. He was issued an appearance ticket for misdemeanor counts of criminal mischief and petit larceny.

There was another smash-and-grab on a car in the Tops parking lot that day, and there have been similar crimes committed in the parking lots of area hotels. There is some suspicion that Doleman may have been involved in those cases, too, according to Chief Deputy Jerome Brewster, though no charges have been filed.

While police list Doleman as having no permenant address, he does appear to have ties to Batavia and was a resident, according to a source, of Thorpe Street a year ago before being evicted "because of excessive police calls," the source said.

Doleman may also yet be charged with criminal possession of a weapon, Brewster said.

Doleman and Robidoux were jailed without bail.

Photos: Doleman, top; Robidoux, bottom.

Valjean Charles Burns, 65, of North Pearl Street, Oakfield, is charged with forcible touching. Burns is accused of forcibly touching the intimate parts of a female Dec. 8.  An order of protection was issued.

Jesse Sumner Repass, 25, of Pine Street, Oakfield, is charged with petit larceny and trespass. Repass is accused of stealing aluminum from Allen Foods, Inc., on Stevens Street, Oakfield.

Rosemary R. Waters, 25, of 139 Bank St., Batavia, is charged with petit larceny. Waters is accused of shoplifting from Dollar General on East Main, Batavia.

Charlene Olivia Leubner, 34, of Bradnell Avenue, Le Roy, is charged with criminal contempt, 2nd. Leubner was allegedly found sitting in a car talking with a person protected by court order from contact by Leubner.

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."

Stephen Irvine Stone (photo), 45, of South Lake Street, Bergen is charged with sodomy, 1st, rape, 1st and criminal sexual act, 1st. Stone is accused of engaging in oral sexual conduct with a six-year-old girl in 1997 and 1998. Stone is accused of engaging in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004. Stone is accused of engaging in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008. Stone was arraigned in Le Roy Town Court and jailed on $100,000 bail.

Gene Douglas Snyder, 30, of Orchard Street, Oakfield, is charged with harassment, 2nd. Snyder is accused of subjecting another person to unwanted physical contact.

Travis Lavern Schossow, 25, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Schossow is accused of pushing his girlfriend into a dresser, allegedly violating a no-offense conduct order out of City of Batavia Court. Schossow is also accused of throwing a plastic cigarette case at a wall. The case reportedly bounced off a wall and struck a 12-year-old child in the neck causing a scratch. Schossow was jailed on $2,000 bail. A stay-away order was issued for the alleged victim and her child.

Dora L. Poodry, 18, of Shanks Road, Basom, is charged grand larceny, 3rd. Poodry is accused of stealing cash from a residence on Shanks Road over a period of four months totally more than $3,000. Poodry was jailed on $10,000 bail. The case was investigated by Deputy Kevin McCarthy and Investigator Kris Kautz.

The 26-year-old Batavia resident accused of hitting a Walmart employee on Christmas Eve, yelled several obscenities at the 70-year-old woman before punching her in the face, according to several witnesses who made statements to the police.

The statements are contained in the court file of Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, charged with two counts of assault in the second degree.

Th statements are from a dozen witnesses who describe the alleged incident either in detail or made the same general observations.

The altercation began, according to reports, when the employee asked a companion of the suspect for a receipt for merchandise in a shopping bag he was holding. Both of the customers refused to produce a receipt, according to the reports, at which point the employee reportedly grabbed the bag from the man.

The employee and a manager said they were enforcing Walmart policy, but numerous online articles say blanket policies have proven legally treacherous for retail stores.

More than a dozen statements about the alleged incident are contained in the court file of Simmons.

The employee, Grace Suozzi, was taken to UMMC where she was treated for injuries to her eye, jaw and cheek, including bone fractures. Souzzi's glasses were also broken when she was hit.

Suozzi gave a statement to a trooper while at the hospital.

"I was working at Walmart on register 2 when I asked a man for a receipt," Souzzi says in her statement. "The man said that the bag was the female's who I was checking out. The man and the woman both refused to show me the receipt, which is the company's policy. I paged my manager about three times. I walked around and took the bag from the man. The female grabbed the bag from me, yelling at me saying the F word every other word. I grabbed the bag back and the bag tore."

According to Suozzi's statement, customer service managers arrived at the register and the argument continued and, as Souzzi put it, "the female decked me."

While Suozzi states she was upholding store policy, several online articles indicate if Walmart's policy is to detain and require a customer produce a receipt for a purchase without suspicion of theft, it may be violating the customer's rights.

The Washington Post wrote about such policies in 2007 and The Legality, an online law journal, examines the issue in some detail.

According to online accounts, receipt checks must be voluntary and customers cannot be detained unless an employee has a specific belief that a theft may have taken place.

A spokeswoman for Walmart said the company may release a statement later on its actual receipt check policy, but meanwhile she referred The Batavian to a loss prevention expert with the National Retail Federation, based in Washington, D.C.

"Of course," a customer may refuse to produce a receipt, said Joe Larocca, but a store may also refuse service to customers, and a customer who isn't cooperative may find himself barred from the store in the future.

Every retail chain has its own policies, Larocca explained, but they're all active in aggressive loss-prevention measures.

A retail store employee can detain anybody the employee reasonably suspects of theft, Larocca said, and stores are legally protected when an actual theft is suspected.

Nationally, retail stores lose $35.3 billion to theft each year.

"The number of consumers who complain are just a handful of people," Larocca said. "By and large, customers regard the request for a receipt as reasonable. They recognize that stores must protect their merchandise. Everybody recognizes that losses in the store mean higher prices at the registers."

But online stories indicate there are times when customers challenge an employee requesting a receipt for an item purchased, such as an account in The Consumerist of a man who remained calm when confronted by Walmart employees in Virginia and eventually walked out of the store with his purchase despite never showing his receipt.

Witness accounts from Christmas Eve, however, indicate Simmons was anything but calm during the confrontation.

"Cashier Grace was working at register 2," wrote a store manager. "She asked to see a customer's receipt for a bag of merchandise they had. The woman refused to show a receipt. Then the woman began swearing loudly at Grace. The woman grabbed the bag out of Grace's hands and then punched Grace in the face causing Grace to fall to the floor."

A customer wrote, "... they were surrounded by the CSM's (customer service managers) ... they were trying to talk to her but the customer was furious and swearing and she tried to take the bag from Grace's hands so all the stuff dropped on the floor. Finally she punched her in the face and threw Grace 10 feet away."

Nearly every account describes Simmons yelling obscenities at Souzzi before allegedly hitting her.

Witnesses say Simmons was with an unidentified man who in one account tried to keep Simmons calm and in another was yelling into a mobile phone.

The accounts of store managers also indicate they believe it is Walmart's policy for customers to produce a receipt upon demand.

One manager wrote, "I was called over to register two today and asked by the customers why cashier Grace wouldn't let them leave without seeing a receipt. I told them I know that Grace had done the right thing and that we couldn't let them leave without a receipt. They started to get rude and loud and I called (another employee) over to help with the situation."

It's unclear from the statements if Suozzi was engaged in a systematic process of checking receipts, or engaged in other activities and singled out Simmons and her companion for some reason. It's also unclear why Simmons and her companion had a bag full of previously purchased merchandise while at the cash register.

The court file contains no statements by Simmons nor her companion.

State Police have said that Simmons did have a receipt for the items in the bag and is not accused of stealing anything from Walmart.

The Batavia resident is out of jail on $40,000 bond and is scheduled to appear in court again Jan. 23.

Simmons is charged with two counts of assault, 2nd, one for allegedly causing serious injury and the other for allegedly injuring a person 65 or older.

As a first-time offender, Simmons is facing a possible sentence, if convicted, of two to seven years in prison.

The statute making assault on a person 65 or older a Class D felony was passed in 2008.

NOTE: On Sunday, we published a story with a witness statement saying Simmons was smiling after she was cuffed. We've heard from several other people who contradict that statement, describing Simmons conduct in widely differing accounts, from hysterical, to angrily yelling, to calm and emotionless, but nobody else reports seeing her smiling.

A driver who reportedly fled the scene of a minor-injury accident on Route 98 at West Saile Drive at 4:15 p.m., Monday, was later located and charged with DWI.

The driver, Leann F. Bach, 57, of West Bergen Road, Bergen, was also cited for allegedly running a red light and failure to yield right of way.

Suffering a minor injury in the accident was Verna M. Oehler, 63.

Bach was reportedly driving westbound on West Saile Drive in a 2003 Chevy SUV when she allegedly failed to stop for the red light at Route 98.

Northbound on Route 98 was John E. Oehler, 62, of Oak Orchard Road, Batavia, with Verna as a passenger, in a 2003 Chevy pickup. 

Fabian S. Hernandez, 48, of Columbia Avenue, Batavia, was also on Route 98 in a 2005 Ford SUV.

Bach reportedly attempted to make a left turn onto Route 98 and struck Oehler's vehicle, pushing it into the SUV driven by Hernandez.

Hernandez had 10 passengers in his vehicle, but none of them were injured.

Bach then reportedly continued south on Route 98 and was located some time later.

No other citations or criminal charges were listed in the accident report.

The accident was investigated by Sgt. Greg Walker.

(Initial report)

Eight people are charged with burglary in the third degree following an investigation into a July 17 break-in at Oakfield-Alabama High School.

The eight people are accused of entering two vending machines and removing nearly all of their contents.

Charged were Jamie R. Bachorski, 17, of Webber Avenue, Oakfield; Mark A. McNutt, 17, of Webber Avenue, Oakfield; Corey J. Mooney, 18, of Lockport Road, Oakfield; Roosevelt Little Jr., 20, of Fisher Road, Oakfield; Darryle W. Stamp Jr., 22, of Hellert Road, Shelby; Duty E. Caswell, 20, of South Pearl Street, Oakfield, and Kevin M. Waleski, 23, of Church Street, Basom.

A girl was also charged as a juvenile offender but her name was not released.

All of the suspects, except Waleski, were arraigned in Oakfield Town Court and released under their own recognizance. Waleski, who was arrested recently on a grand larceny charge, was jailed on $5,000 bail.

The investigation was conducted by Juvenile Officer John Dehm and Investigator Timothy Weis with assistance from Investigator Kris Kautz, Deputy Chris Parker, Deputy Nathan Balduf, Deputy Chad Minuto and Deputy Kevin McCarthy.

Tremaine Jason Halftown, 37, of Brant Reservation Road, Brant, is charged with criminal contempt, 1st. Halftown was allegedly a passenger in a vehicle being driven by a woman Brant had been ordered by an Erie County court not to contact.

Charles William Glover, 69, of Tournament Drive, Hudson, Fla., is charged with trespass. Glover is accused of trespassing on property on Pekin Road, Elba, at 9:56 a.m., Dec. 22.

A vehicle that may have been involved in a property-damage accident on Route 98 at West Saile Drive reportedly fled the scene and headed south on Route 98.

The car was last seen turning onto Park Road heading toward Veterans Memorial Drive.

The vehicle is described as a gray Chevy Venture. It's missing a front bumper and the passenger-side headlight is out.

The car is registered to a resident in Bergen.

UPDATE 6:29 p.m.: Not sure, but it sounds like the vehicle has been located, unoccupied. Didn't catch a location.

UPDATE 6:33 p.m.: Both airbags in the vehicle were deployed.

Cynthia L. Clark, 41, of 115 Wolcott St., Le Roy, is charged with unauthorized use of a motor vehicle, 3rd. Clark is accused of taking a vehicle and driving it to Rochester without the owner's permission.

Corey James Hemmer, 25, of South Main Street, Elba, is charged with criminal mischief, 4th. Hemmer is accused of intentionally damaging a vehicle on Maple Avenue, Elba, on Dec. 12. Hemmer was jailed on $800 bail.

Kevin Michael Waleski, 23, of Church Street, Basom, is charged with grand larceny, 3rd. Waleski is accused of stealing a 2001 Dodge pickup truck valued at $10,000 from a location on Lewiston Road, Oakfield. The truck was located by a passerby in a ditch off Watson Road, Elba.

Ryan M. Palmer, 29, of 37 Tracy Ave., Batavia, is charged with driving while impaired by drugs and reckless driving. Palmer was stopped at 6:42 p.m., Saturday, in Batavia, by Sgt. John Peck.

CORRECTION: The employee allegedly assaulted was a cashier, not a greeter.

A 70-year-old greeter at Walmart suffered fractures on the left side of her face Christmas Eve after a 26-year-old woman allegedly punched her after being asked for her receipt for items in her shopping bag.

The young woman reportedly ran from the store and, according to witnesses and several customers, chased her and surrounded her car, preventing her from leaving until police arrived.

"One of the biggest things to note is that the community actually stood up and did not let this person get away with what she did," said one witness, who asked to remain anonymous. "Even on this busy shopping day, dozens of people stayed behind and made police reports."

Charged with two counts of assault in the second degree -- one for alleged attempt to cause serious injury and another for allegedly injuring a person 65 or older -- is Jacquetta Simmons of 106 Ellsworth Ave., Batavia.

Simmons was arraigned in Town of Batavia Court by Justice Michael Cleveland and committed to Genesee County Jail on $20,000 bail or $40,000 bond. She's scheduled to reappear in court Jan. 23.

The injured woman was taken to UMMC with a swollen face and multiple facial fractures.

Witnesses say the woman is a longtime employee of Walmart and loved by many.

The employee was reportedly working near the front doors of Walmart when Simmons tried to exit carrying a bag of merchandise. The victim asked Simmons for her receipt. It's unknown if there was any other conversation, but it was at this point that Simmons allegedly punched the victim, who was knocked to the floor.

Simmons then reportedly ran from the store, chased by other customers. 

Batavia police arrived on scene first, but Walmart is outside of the city, so State Police took over the investigation once on scene.

In comments on The Batavian's post yesterday, Michelle Wheatley, a witness, said, that as she was leaving she saw the suspect "standing by the police car in handcuffs with a big smile on her face."

UPDATE: Simmons posted $40,000 bond and was released from jail pending her next court appearance.

A person has reportedly struck a cashier in Walmart.

The suspect, a black male, has fled and employees are chasing him in the parking lot.

Police are responding.

UPDATE 11:20 a.m.: It sounds like they have a suspect stopped. The victim is in the ladie's restroom, requesting an ambulance. Batavia PD are on scene.

A Maple Street resident is being held in jail without bail and charged with a handful of alleged crimes after local law enforcement executed a search warrant on his apartment Friday evening.

Edward R. Freida, aka "Rob," aka "Turtle," 40, of 10 Maple St., is charged with criminal possession of a weapon, 3rd, criminal contempt, 1st, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd.

Members of the Local Drug Task Force, along with uniformed deputies, including the K-9 unit, and Batavia PD officers, executed the search warrant shortly about 6:30 p.m., Friday.

Investigators allegedly found a quantity of heroin, some marijuana, five switchblade knives and four long guns along with drug paraphernalia.

A person was seriously injured on Liberty Street on Friday night when he was stabbed by an unidentified assailant.

Police are looking for a suspect described as a black male, approximately 5' 10" and 160 lbs.

The victim was walking alone on the 100 block of Liberty at about 9 p.m., according to police, when the assailant attempted to steal property from the victim's pockets.

After trying to steal the property, the assailant stabbed the victim in the lower back.

The victim was transported by Mercy EMS to UMMC.

Police ask that anyone with information that may assist in the case to call Officer Chris Camp at 345-6350 or the confidential tip line at 345-6370.

Michael A. Mistler is indicted on a charge of strangulation, 2nd, and assault, 2nd. Mistler is accused of obstructing the breathing and blood circulation by applying pressure to the victim's neck during an alleged incident July 22. Mistler is accused of trying to cause serious physical injury to the alleged victim.

Steven A. Mullen is indicted on charges of failure to register a change of address and offering a false instrument for filing. Mullen is a convicted sex offender and is accused of moving to a motel on West Main Street, Batavia, then he allegedly failed to register his change of address. Mullen allegedly filed a change of address with an incorrect address on the form.

Prosecutor's information: The Grand Jury declined to indict Thomas W. Sherman on a charge of assault, 2nd, but did charge Sherman with assault, 3rd. The case is referred back to the Town of Le Roy Court. Sherman allegedly assaulted a person in Le Roy on Jan. 23.

No Bill: The Grand Jury did not find sufficient evidence to indict Wyatt S. Penfold on charges of assault, 2nd, and attempted assault, 2nd. The charges stemmed from an alleged incident on July 22.

Barbara Ann Vaughn, 34, of East Robinson Road, Amherst, is charged with driving while ability impaired by drugs, aggravated unlicensed operation and failure to keep right. Vaughn was stopped at 4:10 p.m. Thursday on Genesee Street, Pembroke, by Deputy Patrick Reeves following a report of an erratic driver. Vaughn was found to allegedly have consumed prescribed medication.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford is accused of shoplifting from Kmart.

Ashley Elizabeth Quintern, 22, of South Pearl Street, Oakfield, is charged with petit larceny. Quintern is accused of stealing $21 in merchandise from Kmart.