crime

Robert P. Leiser, 41, of Lockport Road, Oakfield, is charged with trespass, criminal possession of marijuana, 4th, and unlawful possession of marijuana. State Police and Sheriff's deputies came into contact with Leiser on Lockport Road, Oakfield, when responding to a report of a fight at 10:54 a.m. There was reportedly a warrant for his arrest on a trespass charge as well as a warrant out of Monroe County on the marijuana charges. No charged were filed in connection with the fight call.

Donna Marie Kowsky, 35, of Byron Holley Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and following too closely. Kowsky was charged after reportedly being involved in a motor-vehicle accident at 7:58 p.m., Tuesday, in the area of 6112 Byron-Holly Road, Byron. Kowsky was allegedly tailgating.

Gregory Allen Jones, 31, of Main Street, Le Roy, is charged with criminal contempt. Jones is accused of contacting a person he was barred from contacting by court order.

Brandon M. Weig, 22, of Batavia, is charged with menacing, 2nd, criminal possession of a weapon and endangering the welfare of a child. State Police responded to an unspecified incident at 3:34 p.m., Monday, and arrested Weig. No further details were released.

A 34-year-old Batavia woman is being accused of letting drug dealers operate from her home at 3 Vine St.

The woman and three other people were arrested Wednesday following a raid by the Local Drug Enforcement Task Force at the residence.

The four arrests make it a total of five people accused of drug dealing at that address.

Sara H. Butler was charged with criminal nuisance, 1st, which is a class E felony in New York.

Butler and the other people taken into custody at 5:30 p.m. were charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, and loitering.

The three others arrested were Quinton L. Spinks, 26, of Terrance Park, Rochester, Steven J. Hirsch, 23, of Raymond Avenue, Batavia, Cheetara M. O'Neal, 24, of Sawyer Street, Rochester.

On Aug. 26, 40-year-old William J. Butler was taken into custody at the same address. Butler is suspected of trafficking in crack cocaine and was charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

The four arrested yesterday are accused of dealing cocaine and crack cocaine. Investigators executed a search warrant on the residence and allegedly found both drugs in the house. Their combined reported street value is $2,000. Investigators also say they found more than $600 in cash.

Butler, Spinks and O'Neal were taken into custody at the residence. Hirsch was reportedly seen leaving the residence just before the raid and taken into custody on East Avenue.

Batavia police officers assisted in the raid.

All four suspects were arraigned and jailed without bail.

Photos, from top: Sara Butler, O'Neal, Hirsch, Spinks.

Members of the Local Drug Enforcement Task Force executed a search warrant and 3 Vine St. this evening.

According to Sgt. Steve Mullen of the Genesee County Sheriff's Office four people are currently being detained pending completion of the search.

Mullen did not specify the type of drug activity believed to have taken place at the residence.

On Aug. 26, 40-year-old William J. Butler was taken into custody at the same address. Butler is suspected of trafficking in crack cocaine and was charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

At least two of the people being held pending completion of the investigation are women.

Mullen anticipates that if any arrests are made, they will be made tonight and a press release will be issued.

Gregory S. Snyder, 41, of West Main Street Road, Batavia, is charged with harassment, 2nd. Snyder is accused of throwing and hitting a woman with a crushed beer can and then spitting on her. The alleged incident occurred at 4:15 p.m., Tuesday, at 3687 W. Main St. Road, Batavia.

Julia Bishop Wescott, 27, of Bank Street, Batavia, was picked up on a bench warrant out of family court. Wescott was arraigned in Town of Batavia Court where she posted $100 bail.

Michael L. Jackson was clearly relieved to receive concurrent sentences on multiple felony convictions in Genesee County Court this morning.

After Judge Robert C. Noonan announced that Jackson's two-year prison term on a drug-dealing charge could be served while he's also in prison for breaking into and trashing the offices of Holland High Lift in Bethany, Jackson gave a little thumbs up and turned to his family sitting behind him and smiled.

Dressed in Genesee County Jail orange and with his wrists cuffed, Jackson was clearly anxious about his fate during the morning hearing, up until the point the second sentence was pronounced.

The former Oakfield resident, who's home was destroyed in a fire two years ago, entered a guilty plea to charges of burglary, 3rd, two counts of grand larceny, criminal mischief, 4th, and witness tampering, 4th.

Noonan noted that Jackson clearly recognized he had no defense to the charges when he entered his unconditional plea the day his trial was supposed to start.

He sentenced Jackson to two-and-a-third to seven years in state prison on the burglary and larceny charges and one year concurrent on the witness tampering charge.

After Jackson's June 10 guilty plea, the Batavia resident was caught selling prescription drugs to an undercover agent. Last week, Jackson entered a guilty plea to a charge of criminal sale of a controlled substance.

Jackson obtained no sentencing cap or a promise of concurrent sentences with either guilty plea.

Attorney Gary Horton said Jackson stayed out of trouble from 2003 until 2009, when he lost his home and seemed to go into a tailspin. He said Jackson was so drunk the night in broke into Holland High Lift that he had a blackout and remembers nothing about it.

When asked by Noonan if he wanted to make a statement before sentencing, Jackson said, "Sir, I don't really remember that night. If I did, I should not have done it. Other than that, I'm sorry."

Most of Holland High Lift's losses were covered by insurance, but there was a deductible and a damaged motorcycle that was not covered. Jackson was ordered to pay $2,500 in restitution.

A Rochester man accused of breaking into the home of a former friend and threatening the woman with a knife had his bail set at $50,000 today by Genesee County Court Judge Robert C. Noonan.

Robert Thigpen III, 35, of 287 Flower City Park, Rochester, was jailed without bail after his arrest because with his prior felony conviction, a city court can't set bail.

Noonan set a fairly high bail because of the seriousness of the offense and the prior felony conviction, but also raised a concern that Thigpen will face a more serious charge of burglar, 1st, rather than the current burglary, 2nd, charge, when the case goes to the grand jury.

"The facts in supporting documents would support a burglary, 1st, charge," Noonan said. "I’m not sure if it will shake out that way, but it has the possibility of very serious consequences for Mr. Thigpen."

Thigpen is also charged with menacing, 2nd.

The alleged attack occurred last week on State Street.

The defendant resident has been living and working, including running his own cleaning business, in Rochester for two years.

BATAVIA, NY -- On the first Leandra's Law interlock-device case to go through Genesee County Court, there were some bugs in the bureaucracy to be worked out.

First, the case of Joshua P. Garcia was delayed from the morning to the afternoon so State Probation form DPCA-520 BAL-IID could be filled out. That form is titled "Vehicle Operation and Access By Others," and contains a description of the vehicles a person convicted of DWI could drive.

Garcia, an Erie County resident charged with DWI on Dec. 20, filled out the form originally with two vehicles, but then decided to turn in the plates on one and it was scratched from the form. 

Even so, the county has its own form, and it asked for two pieces of information not on the state form -- vehicle color and the license plate number. Since that form surfaced in court this afternoon, a deputy had to call dispatch and read the VIN number off the DPCA-520 BAL-IID form to a dispatcher and get the plate number.

Then, Garcia's attorney, Jerry Ader, petitioned the court for a hardship waiver so his client wouldn't have to pay for the interlock device. That form had to be filled out in triplicate and handed to the court at the time of sentencing, even though Judge Robert C. Noonan would be ruling on the matter in the same hearing.

In the end, Noonan found that Garcia's $25,000 annual salary was sufficient to pay for the device -- even with the fines for this DWI, a recent DWI conviction in Erie County plus probation fees there. The judge sentenced Garcia to five years probation and 90 days intermittent incarceration.

Noonan said he didn't find Garcia "indigent enough" to waive the interlock-device fees, which judges can do under terms of Leandra's Law.

Garcia, a stepson of Joseph Benaquist, the Pembroke resident murdered by Scott Doll in February, 2009, said he has been through a lot recently and turned to drinking because of the stress.

"Now I see that alcohol has brought problems into my life," Garcia said. "I’m done with alcohol."

Under sentencing guidelines, Noonan had few options, but said, "I have enough faith in you to give you a try on probation."

Ader asked that the interlock-device requirement be delayed until Garcia is eligible for a conditional driver's license.

According to his reading of the law, Ader said, he believed Noonan had the discretion to set a later date for installation.

"It makes no sense when my client does not have license," Ader said. "If he gets behind the wheel of a car while on probation, he’s committing a felony."

But the law also requires the device be installed within 10 days of sentencing, which is what Noonan required.

Alexander Agapii, 31, of Penfield, is charged with sexual abuse, 3rd. Agapii is accused of touching a 14-year-old girl without her consent while on the Lazy River Ride at Darien Lake. Agapii was jailed on $250 bail.

(name redacted upon request), 24, of Tracy Avenue, Batavia, is charged with two counts of criminal contempt. xxxx is accused of getting into an argument with his girlfriend. He allegedly "racked" a shotgun and pointed it at her. After the incident was reported, a warrant was issued for his arrest. He later turned himself in.

Bernard A. Buckenmeyer, 46, of Alexander, is charged with DWI and driving with a  BAC of .08 or greater. Buckenmeyer was stopped by State Police at 9:25 p.m., Sunday, on Hunn Road in Alexander.

A 21-year-old Pennsylvania woman was charged with DWI following a single-car accident on Main Road in Pembroke on Monday morning.

Jessica A. Franks, 5109 Bellvedere Road, Tobyhanna, Pa., allegedly failed to reduce her speed as her car entered a curve causing it to leave the roadway and strike a mailbox and its post.

The mailbox and post went airborne and struck a parked car. Franks' car then continued westbound striking two trees and a utility pole.

Franks was taken by ground ambulance to ECMC. The accident occurred at 5:41 a.m. in the area of 607 Main Road.

Franks' passenger, Darcie L. Myers, 21, was not injured.

The accident was investigated by Deputy Howard Carlson.

James C. Oehler, 18, of Route 19, Bergen, is accused of possession of stolen property, 5th. At 9:16 p.m., Sunday, Oehler was allegedly found in possession of a dirt bike that was reported stolen from a residence in the Village of Bergen on July 25.

James Anthony Marchegiano, 22, of Westside Drive, Chili, is charged with a DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Marchegiano was stopped at 11:36 p.m., Friday, on Sumner Road by Deputy Chad Minuto. Marchegiano was allegedly observed driving his car in an erratic manner in the parking lot following the Rascal Flatts concert at Darien Lake.

Grant Arnold Sundown, 46, of Skye Road, Tonawanda Indian Reservation, is charged with criminal mischief. Sundown allegedly punched another person in the head. When that person attempted to call 9-1-1, Sundown allegedly ripped the phone line from the wall while the caller was on the phone with Genesee County Emergency Dispatch.

Steven James Scott, 19, of Ford Road, Elba, is charged with trespass and unlawful possession of alcohol by a person under 21. Scott was allegedly on the property of College Village at 12:52 a.m., Friday, without permission.

Narciso Gullen, 36, of Route 98, Elba, is charged with possession of a forged instrument, 2nd. Gullen allegedly tried to use a forged federally issued residency card. He was jailed on $10,000 bail.

Richard Anthony Orlando, 31, of Cable Street, Buffalo, is charged with criminal mischief and unlawful possession of marijuana. At 12:30 a.m., Sunday, deputies responded to a report of a verbal domestic incident at a campsite in Alexander. Orlando allegedly smashed a television set and a fan and turned over a refrigerator. Orlando was jailed on $150 bail.

Joseph Aaron Monkelbaan, 38, of Pratt Road, Batavia, is charged with trespass. Monkelbaan is accused of going onto a neighbor's property at 7:21 p.m., Friday, without permission and causing a disturbance.

Kevin A. Hutzler, 21, of Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hutzler was stopped by State Police at 8:41 p.m., Thursday, on Colby Road.

Anthony R. Cogdill, 40, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Cogdill was stopped by State Police at 9:23 p.m., Thursday, Harper Road, Alexander.

Richard J. Rookey, 77, of Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Rookey was stopped by State Police 8:14 p.m., Wednesday, on Clinton Street and East Avenue.

James V. Wells, 25, of Batavia, is charged with resisting arrest and disorderly conduct/obscene gestures. Wells was arrested by State Police at 12:24 a.m., Wednesday at College Village. No further details were released.

Le Roy Police are looking for a person who broke into a residential garage and moved several items Sunday at a Lake Street address.

The burglary was interrupted when the resident heard a dog barking at the rear of the house and went outside to investigate. The resident spotted a man in the garage; the suspect ran into a wooded area.

He is described as a male wearing a red baseball cap, a yellow checkered short sleeve shirt and jeans.

This is the second garage burglary in the past month. A previous burglary occurred on East Main Street on Aug 6. It is unknown if these two incidents are related.

A witness was found who said that a person matching the suspect's description was seen walking the railroad tracks behind 101 W. Main St. shortly after the burglary. Police think it's possible the suspect lives in the area of West Main Street.

Anyone seeing a person wearing the same colored clothing or having information pertaining to this crime is asked to contact the Le Roy Police Department at 768-2527.

A fight in progress is reported outside of 433 E. Main St. in the City of Batavia.

Batavia police are responding.

The following people were arrested during the Rascal Flatts concert Friday at Darien Lakes Performing Arts Center:

Ramzi J. Abialmouna, of Castlebar Drive, North Tonawanda, is charged with disorderly conduct, harassment, 2nd, and resisting arrest. Abialmouna allegedly refused to leave the area and kicked a deputy while being arrested. He was jailed on $200 bail.

Andrew E. Aguado, 23, of South Maple Street, Warsaw, is charged with disorderly conduct. Aguado allegedly urinated in the roadway.

Eric R. Weitz, 38, of Pine Wood Drive, West Seneca, is charged with aggravated DWI, DWI and following too closely. Weitz was allegedly involved in a car accident in the concert parking lot.

Calebmoises H. Garcia, 24, of Tremont Street, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Garcia was allegedly involved in a motor vehicle accident on Employee Road.

The following people were issued citations for allegedly possessing alcohol under 21 years of age (after the jump):

Matthew C. Perry, 18, of Osterhout Avenue, Batavia
Tiffany V. Wheeler, 20, of Andres Place, Cheektowaga
A 17-year-old, of Borden Road, Depew
Gary L. Smolarek, 19, of Kokomo Street, Depew
Andrew G. Olsen Jr., 18, of Belmont Avenue, Buffalo
Paul M. Wojcik, 18, of Canterbury Trail, West Seneca
A 17-year-old, of Cleveland Avenue, Niagara Falls
Maura E. Mayer, 19, of New Road, Amherst
A 17-year-old, of Ransom Oaks Drive, East Amherst
Kaylee J. Sclavunus, 20, of Pullman Avenue, Kenmore
Lindsey M. Russ, 20, of Wilmington Avenue, Tonawanda
Kaylee H. Wold, 20, of Marshland Road, Apalachin
Danielle N. Magiera, 20, of Meadowview Lane, Williamsville
Haylie K. Schrader, 20, of Alfonso Drive, Rochester
Alexandria Porzio, 20, of Glidden Street, Cheektowaga
A 16-year-old, of Campbell Boulevard, Amherst
Emily C. Klein, 20, of Royal Ascot Circle, East Amherst
A 16-year-old, of Partridge Run, Amherst
A 16-year-old, of Rambling Road, East Amherst

The treasurer of a Le Roy nursery school is being accused of using the school's ATM card to make unauthorized withdrawals and purchase.

The total of the alleged misappropriated funds is more than $6,200.

Jennifer M. Riggi, 29, of 47 Lake St., Le Roy, is being charged with grand larceny.

Riggi was arrested by Le Roy detective John Condidorio following an investigation that started Aug. 16.

Nursery school officials contacted Le Roy Police after checking bank statements and reportedly finding unusual activity.

After being arraigned in Le Roy Town Court, Riggi was released on her own recognizance.

Phillip Antonio Lee Sanders, 20, of Marine Drive, Buffalo, is charged with sexual abuse, 2nd. Sanders is accused of touching two girls under age 14 in intimate spots on their bodies. The alleged incidents were reported Thursday and allegedly occurred at Darien Lake's water park.

Brandon C. Dodd, a 24-year-old whose name has been well known to local law enforcement for close to a decade, is going to prison for the first time in his life.

While he hoped for probation, he knew prison was a possibility. When Judge Robert C. Noonan showed no leniency today, Dodd became emotional.

A few minutes after being told he was going to spend five years in prison and another three on parole, the Batavia resident let out a little sob and his attorney, Fred Rarick, put a comforting hand on his shoulder.

As Dodd was escorted from the courtroom in an orange jail suit and shackles, Dodd's emotions apparently got the better of him. He lashed out at Noonan, saying something about "pedophiles."

Noonan said, "Just a minute, bring him back in here, please," and the deputy escorted Dodd back into the courtroom.

"Would you please repeat on the record what you just said," Noonan said.

"I hope you continue to let all the pedophiles walk the street and save all of the probation  for those people," Dodd said.

Noonan then explained to Dodd that when he comes up for parole, the first thing the parole board will do is look at the transcript of today's hearing, and they will take into consideration what Dodd did and said.

Dodd said something about not caring as he was taken again from the courtroom, and a deputy later said that Dodd continued to mouth off all the way back to the jail.

Ironically, as Dodd was leaving, a man sentenced to state prison in Genesee County Court was coming in to face new child-sex charges.

In July, Dodd entered a guilty plea to a reduced burglary charge, limiting his maximum jail time from 15 to five years.

On March 18, Dodd and a partner forced their way into a house on Vine Street and, through the residents reportedly fought back, the duo left with money and property.

It turns out that what Dodd reportedly stole was $4,000 in cash and a stash of hallucinogenic mushrooms.

Attorney Rarick, before Dodd's outburst, requested a probation sentence for Dodd, saying the young offender was ready to turn his life around, get counseling, and become a productive member of society.

As evidence of Dodd's repentance, Rarick said Dodd made a full admission to all of his past crimes, including some he was never charged with, during his pre-sentencing interview. Dodd allegedly admitted to dealing drugs in Batavia.

"He was extremely honest," Rarick said. "I think he was flushing it all out and saying 'these are the things I've done in my life and I don't want to do them any more.'"

Rarick said there was no excuse for Dodd's past crimes, but he blamed it on drug and alcohol use and hanging out with the wrong crowd.

"The fact that you came clean with probation is not refuted here," Noonan said. "I'm just not willing to ignore that you engaged in extensive criminal conduct in our community. While it may have been all related to whether you were involved in drugs doesn't excuse yourself at all. You're fortunate you negotiated a favorable plea deal."

A Rochester man is going to prison for two to four years for his part in a baseball-bat attack on three State Street residents on May 20.

Reginald Charles Sampson, 44, of 335 Flanders St., Rochester, entered a guilty plea to burglary, 3rd, and menacing, 2nd, charge July 21. He was originally charged with burglary, 2nd.

Attorney Fred Rarick told Judge Robert C. Noonan that Sampson was a candidate for a supervised probation release that would include substance abuse counseling, but Noonan said Sampson was already getting a good deal with the reduction in the burglary charge.

Sampson told Noonan, "I wish I could do everything different."

Sampson was part of a group of five individuals who busted into an apartment at 112 State St., Batavia, on May 20, swinging baseball bats. One person suffered serious, but  not life-threatening, injuries.

Batavia Police say no further arrests have been made, but the case is not closed.

A victim's statement included in Sampson's court file describes the May 20 attack.

The woman was sitting in her apartment with two men when they heard a commotion downstairs. Soon, somebody was banging at their front door. When one of her male companions opened the door, he was immediately hit by an individual swinging some object.

She described the attackers as five black males.

She recognized Sampson as someone who had punched her the night before.

"I know Reginald had a bat for sure," she said. "Reginald came over to me. I was laying on the couch. He was pointing his bat at me and he said, 'I told you, Shorty, we don't play.'"

When the other male got up and tried to leave, saying "I wasn't part of this," all five individuals started hitting him, according to the witness. She said one person picked up her crutch and hit him with it.

A former Batavia resident already in state prison on eight sex-crime-related charges entered a not-guilty plea in Genesee County Court to a 10-count indictment alleging rape in the 2nd degree.

Philip E. Kroft Jr., is accused of engaging in sexual intercourse with a girl 15 years old or younger.

Because Kroft is already serving a lengthy prison term, Judge Robert C. Noonan wondered what sort of bail status Kroft should be granted on the new charges -- Noonan has to set something in the way of bail status -- and District Attorney Lawrence Friedman didn't really have a recommendation.

"I don't think it's going to matter, your honor," Friedman said finally, kind of shrugging his shoulders, then adding, "$10,000."

"That's reasonable," Noonan said.

Kroft won't get his first parole hearing on his prior conviction until 2015.

Police say the alleged rapes in Batavia occurred in 2008.

A former Orleans County resident who was accused of driving drunk with children in her car on Dec. 29, shortly after Leandra's Law was passed, had her sentence delayed this morning, giving the probation department time to confirm her new residency in Oakfield.

Michelle M. Kasper, 20, formerly of Albion, could have become the first Genesee County resident sentenced under Leandra's Law.

Assistant District Attorney Melissa Cianfrini also raised a concern that Kasper admitted on Aug. 12 to driving while intoxicated, then during a pre-sentencing interview, Kasper said she hadn't been drinking prior to accident that led to her arrest. She told probation that she drink three energy drinks containing alcohol after the accident.

Ask to explain the contradiction, attorney Nathan Pace had a hard time explaining his client's comments, saying he didn't hear what questions she was asked by probation that led to her answer.

Kasper told Judge Robert C. Noonan that she had drinks earlier, but not immediately prior to the accident.

Noonan went ahead and agreed with a defense request to delay sentencing so that her new residency in Genesee County could be confirmed so that her sentence could include supervision.

Kasper was arrested on Dec. 29. She was the second WNY resident charged with a DWI felony under Leandra's Law, which increases the penalties for DWI with children under age 15 in the car. She was also charged with three counts of endangering the welfare of a child and one count of unlawful possession of marijuana.

Jessie J. Jones, 19, of 118 1/2 State St., Batavia, is charged with criminal possession of a weapon, 3rd, and menacing, 2nd. Jones is accused of being involved in a fight on State Street at 10:08 a.m., Wednesday, where two men reportedly brandished knives. Police say that the other subject is known but has not been located. The police are seeking a warrant for his arrest.

Michael J. Piasta, 30, 415 E. Main St., Batavia, is charged with burglary and petit larceny. Piasta was arrested on a warrant upon his release from Niagara County Jail on an unrelated charge. Piasta is accused of stealing beer from Wilson Farms on Aug. 1. (See this report, also this alleged incident.)

Rebecca J. Fili (pictured), 32, of 103 W. Main St., Building 9, Le Roy, is charged with petit larceny. Fili allegedly entered a business on West Main Street, Le Roy, and filled a purse she was carrying with items from the store. The purse was reportedly hollowed out in order to better conceal multiple items. A total of 15 items worth $53.70 were allegedly found in the purse. An employee reportedly spotted Fili allegedly filling her purse with store items.

Darik R.M. Orbaker, 18, of 6 Forest Edge Drive, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Orbaker is accused of grabbing another person who had previously been granted an order of protection.

A 16-year-old, of Ivison Road, Byron, is charged with endangering the welfare of a child. The youth is accused of letting another person under age 16 drive his family's car. The car was allegedly occupied at the time by the driver, the defendant and two females under 17 years of age.

A 16-year-old, of South Main Street, Medina, is charged with petit larceny and unlawful possession of alcohol by a person under 21. The youth is accused of stealing a 24-ounce can of Labatt Blue Light from a vendor's cooler during the Brooks & Dunn concert at Darien Lake.

Saul Doynasday Standsblack, 32, of Parker Road, Basom, is charged with criminal mischief, 4th, and criminal trespass, 2nd. Standsback is accused of breaking a window and gaining entry to a trailer at 587 Council House Road on Aug. 25 at 5:15 a.m.

Lindsay Catherine Miller, 19, of 236 E. Bennington Drive, Rochester, is charged with petit larceny. Miller is accused of stealing cartons of cigarettes from the Totem Pole store.