crime

Press release from Batavia Police:

The Batavia Police are advising Local residents to beware of a scam that starts with a letter and a personal check for up to $4,500, 

We get reports of one or two of these scam attempts a day. Some of the names on the letters are Shadow Shoppers, Secret Shopper or Shoppers Club. A “grand prize” might be offered to the recipient for participating. Nationally known retail stores names may be displayed on the letter without the consent of companies that are named.

The letter states, with improper grammar, “our company is a ‘SECRET SHOPPER’ employment firm that specializes in conducting research to assist corporations evaluates and improves the quality of customer service provided to their clients.”

The letter goes on to say that as one of the people selected to take part in the program “you will be representing our firm as Research Personnel or Customer Service Evaluator of selected merchant outlets and service providers in your area.”

This is a new spin on old check scams. So far, the majority of these scams have been from Nigeria and are rerouted through Canada and then to the U.S.
The problem is that people might think it’s a scam, but the amount of money the check is written for is so significant that even people who are suspicious are tempted.

The letter that accompanies the check seems legitimate, even to the point of breaking down how the money should be spent in the process of “secret shopping.”
The letter states, “Employee Probation Training Pay + Expenses, $360.94.” It goes on, again with improper grammar, “You’re tasks are as follows: Burger King - $20; Western Union Transfer - $2,165; Service Charge by Western Union - $149; Money Gram Transfer - $1,765; Service Charge by Money Gram - $75; Wal-Mart - $45.”

The scammer makes money because the would-be “secret shoppers” wire more than $3,000 through Western Union and Money Gram Transfer from their bank account with the belief that the checks will clear and cover it.

In fact, the checks are fraudulent, and when people deposit them and spend money in the prescribed manner, they are often out not only the amount of the check when it bounces, but also the amount that they spent of their own money.

By the time this check goes through the system, people have already taken the money out and sent off the fee by Western Union or Money Gram Transfer. The majority of the time they are out the check amount and any money that they withdrew from their account.

The best thing residents can do is to destroy the check. The Federal Trade Commission has a place on their web site to report these scams.  The best way to protect yourself is to be educated on this type of scam, and remember, “if it sounds too good to be true it probably is.”   
 

STAFFORD, N.Y. -- It seems like it was a bad morning for Santino Baliva.

According to a Sheriff's Office port, Baliva, 20, was a passenger in a car struck by a train. There's no word from the Sheriff's office yet on how serious that accident was, but it apparently wasn't as serious as it might sound.

Baliva survived, only to be arrested for criminal possession of a weapon. He was carrying a switch blade knife.

We'll see if we can get a little more information about the incident.

Five people were arrested early Sunday morning for allegedly entering the United States illegally. The five people were found by police during an investigation into suspicious activity in Town of Bergen. Arrested were Efrain Jose Cruz-Hernandez, 22; Jose Morolas-Perez, 18; Hector Perez-Rameriz, 42; Mateo Torres-Ramos, 24; and, Valentin Campos-Baltazar, 32. All five individuals were handed over to the Border Patrol.

Christopher Ball, 26, of LeRoy, was arrested following a single-car traffic accident on Batavia-Stafford Townline Road on Sunday morning. Ball was charged with misdemeanor DWI, a violation for driving lef of pavement marker and speed not prudent, and aggravated DWI with BAC of .18 percent or higher. Police were called to the scene of the accident and discovered Ball was not in his vehicle. He was later found Ball at a nearby relatives house.

Joseph M. Armstrong, 51, of Medina, was arrested and charged with misdemeanor DWI following a two-vehicle accident at Route 5 and Route 63. The Sheriff's office reports that Armstrong was reportedly attempting to make a left-hand turn when his vehicle struck another car.

Mark E. Yasses, 48, of Bethany, was arrested early Sunday morning for harassment, 2nd degree, after allegedly getting into an fight with another individual.  Yasses allegedly pushed the other person to the ground. The incident occurred at Yasses' residence.

Brett Blair, 25, of Batavia, was charged with criminal possession of a controlled substance (hyrocordone) and aggravated unlicensed operation of a motor vehicle, alcohol related after being stopped on Oak St. Saturday afternoon after officers noticed his vehicle with a broken tail light and loud exhaust. Officers report that Blair was driving with a revoked drivers license because of a previous DWI conviction. Blair was arraigned and remanded to Gensee County Jail on $750 bail.

Robert W. Mitchell, 30, of Pittsford, was charged with unlawful possession of marijuna Friday. Police arrested Mitchell during an investigation into suspicious activity. After contacting Michell, police discovered he was wanted on an arrest warrant from the Rochester Police Department. During a search of Mitchell, Mitchell told police he had a small amount of marijuna on his person.

Arielle R. Orlikowski, 19, of Batavia, was charged with speeding and DWI on Saturday after being stopped for speeding on Pearl Street.

James D. Kavanaugh, 19, of Batavia, was charged with "driving while ability impaired by alcohol" after being stopped on E. Main Saturday for driving without headlights. Kavanaugh was also charged with failure to notify DMV of an address change.

Sara E. Schimley, 19, of LeRoy, was arrested for tresspass Thusday after a homeowner in Pavillon told Schimley to leave his or her residence and Schimley refused. Schimley was released on an appearance ticket.

Robert Cummings, 22, of Pembroke, was arrested in Corfu Friday and charged with unlawful possession of marijuna.

Ruben BeCoates, 55, of Rochester, was arrested Saturday after he was allegedly spotted driving erratically. BeCoates was charged with driving while impaired, unlawful lane change and consuming alcohol while in a motor vehicle.

Derek G. Thomas, 32, of 400 E. Main St., Batavia, was charged with a felony count of first-degree criminal contempt and a felony count of third-degree criminal possession of a weapon. Thomas is accused of striking a female acquaintance with his hands and hitting her in the head with a beer bottle. The victim had previously been granted an order of protection against Thomas. He was sent to Genesee County Jail without bail pending a court appearance later this morning.

Ronda M. Kern, 27, of Basom, was charged with felony driving while intoxicated Thursday, Genesee County sheriff's deputies said. Kern was located at the scene of a motor vehicle accident on Sandhill Road in Alabama. She was also ticketed with consumption of alcohol in a motor vehicle and moving from the lane unsafely.

Batavia city police issued the following press release and photographs:

The Batavia Police are asking for the public’s assistance in identifying the person pictured. This person used stolen checks to make purchases exceeding four thousand dollars at businesses in the surrounding area. Please contact Detective Richard Schauf at 585-345-6312 or call the confidential tip line at 345-6370.

The photos look to be from a security camera.

Michael J. Lenhard, 23, of Corfu, was charged with driving while intoxicated Wednesday, Genesee County sheriff's deputies said. Lenhard was stopped for an alleged traffic violation on West Main Street Road in the town of Batavia. He was also ticketed with driving left of the pavement markings.

Timothy Grice, 47, of Oakfield, was charged with a felony count of driving while intoxicated and first-degree aggravated unlicensed operator, state police said. Grice was stopped for an alleged traffic violation on Route 33 in Bergen. He was sent to Genesee County Jail in lieu of $5,000.

An investigation into a home robbery on February 6 has resulted in the arrest of two Batavia residents. Nathan J. Knab, 20, of 16 Overlook Dr., and Travis J. Dunn, 19, of 1 Pine Hollow Dr., were charged with second-degree burglary, a felony, Monday, Genesee County sheriff's deputies said. Knab and Dunn are accused of entering a residence at 8 Pine Hollow Dr. in Batavia and taking a PlayStation 2 system, along with the controllers and game accessories.

They were arraigned in town court Monday and released pending a court appearance scheduled for March 23.

Pictured is Dunn. A mug shot for Knab has not yet been released.

Update (11:13 a.m.): We learned from Chief Deputy Jerome Brewster this morning that Knab did not show up to jail to have his mug shot taken, which is why it was not available when this post was published earlier today.

Mug shot for Knab (right) posted Thursday at 8:08 a.m.

An announcement from Genesee Community College that the criminal justice program at the Batavia campus will be launching a new "Student Safety Patrol" seems timely.  Just last week, a student was arrested on allegations of leaving a rifle and a shotgun laid across the front seat of his unlocked car in the campus parking lot.

Derek J. Wilson, 34, of Byron, was charged Friday with two counts of fourth-degree criminal possession of a weapon. Deputies have already said that they did not believe Wilson to have any malicious intent. Neither weapon was loaded.

Nevertheless, the school feels it can benefit from some extra eyes on patrol on campus. In fact, it was a vigilant passer-by who spotted the guns in Wilson's car and reported the incident to campus security.

"With the increase in incidents on college campuses, we thought a Student Safety Patrol would be most beneficial," Barry Garigen, professor of Criminal Justice said. "The students gain valuable experience in working these details and enjoy providing volunteer service to the College."

Students in the criminal justice program will make up the staff of the patrol.

From the press release:

For a number of years, the Criminal Justice Club at Genesee has been providing security services at various events on campus, such as the annual Fashion Show, Rockfest, and Experience Genesee. As a result of student interest and funding from a Perkins Grant, the Criminal Justice Club was able to start the SSP. Currently, there are ten students trained and participating in the program. Students become eligible for the program when they complete the NYS Security Guard training course. The security guard training is offered several times a year through the College's BEST Center. Students who enroll in CRJ120: Intro to Security also receive the training. The next BEST Center course is being offered on March 28 from 8:00 AM - 4:30 PM at the Batavia Campus. To register for the NYS Security Guard training course, visit (the Web site).

The objectives of the new safety patrol are to enhance the level of security patrol presence, particularly in campus buildings, and ensure a high level of personal safety for those working, studying, or visiting the campus. In addition, the SSP provides an opportunity for volunteer duties for Criminal Justice students who have a career interest in law enforcement, public safety, or security. The Student Safety Patrol also assists the College's public safety staff to achieve their operational objectives and target special security and safety needs.

It is stressed that the students will be performing "non-police" functions.

Student Safety Patrollers augment Public Safety services by performing the following light security details in and around Genesee Community College:

• Patrol all campus buildings as a visible deterrent and community resource
• Assist as directed during critical incidents, at Public Safety's discretion
• Observe and report any suspicious/criminal activity observed on patrol
• Perform customer service duties when required
• Audits of campus lighting, emergency phones, access card systems
• Fire safety equipment checks
• Assist with control of vehicle/pedestrian traffic during events
• Safe-walk (escort) service provided as requested
• Perform the receptionist function in Public Safety as assigned
• Other duties as assigned

Student volunteers are still needed for the remainder of the spring 2009 semester and for the fall 2009 semester. For further information or to join the SSP program, contact Barry Garigen, Criminal Justice professor at Genesee, at 585-343-0055 x6307 or bjgarigen@genesee.edu.

John M. McGowan, 32, of 5 Highland Park, Batavia, was charged with driving while intoxicated early this morning, city police said. McGowan was stopped on West Main Street in Batavia for an alleged traffic violation. He was also ticketed with operating with inadequate headlamps.

Jennifer A. Whitcroft, 22, of LeRoy, was charged with driving while intoxicated early Sunday morning, Genesee County sheriff's deputies said. Whitcroft was stopped on West Main Street in Batavia for an alleged traffic violation. She was also ticketed with driving to the left of pavement markings in a no passing zone.

Mark A. Newton, 53, of East Pembroke, was charged with driving while intoxicated Saturday, Genesee County sheriff's deputies said. Newton was apprehended after he allegedly tried to tow a vehicle from the scene of an accident on Albion Road in Oakfield.

Dawn C. Rogers, 33, of Jamaica, N.Y., was charged with resisting arrest and disorderly conduct Thursday afternoon, Genesee County sheriff's deputies said. Rogers is accused of "using obscene language" at the 48 Deli Express in Batavia. When deputies tried to place Rogers under arrest, she allegedly resisted, yanking her arms away and locking them under herself so that she could not be apprehended. She was sent to Genesee County Jail in lieu of $1,000 bail.

Patrick Wolff, 18, of 8170 Batavia Stafford Townline Road, Batavia, was charged with controlled substance in non-original container and unlawful possession of marijuana Wednesday evening, deputies said. Wolff was apprehended at the Genesee Community College Village, where village security investigated a "suspicious smell" coming from Wolff's room.

Scott F. Doll has been indicted by a grand jury today on a count of murder in the second-degree, Genesee County District Attorney Lawrence Friedman said. Doll is accused of killing his business associate and acquaintance, Joseph A. Benaquist, who was found beaten to death in the driveway of his Pembroke home early Tuesday morning.

An arraignment has been scheduled for Wednesday, March 4, at 2:15 p.m. in county court.

Friedman explained by phone that second-degree murder is "what you usually hear about" in such homicide cases. "That is the intentional killing of another person," he said. That is to be distinguished from first-degree murder, which would involve an intentional killing of a police officer or a judge, for example.

No weapon has been found yet, said Friedman. "But that's not necessary, just like a body is not necessary for a murder conviction. It is certainly something that will be looked for, but we can proceed without it."

It's still too early to say whether or not the case will go to trial. "It's the very beginning of the proceeding," said Friedman.

Doll was found walking along North Lake Road in Pembroke late Monday night "stained with fresh blood." A subsequent investigation led officers to the home of Benaquist, where they discovered the body. Doll was charged with second-degree murder the following afternoon.

Please see our initial post for the full details.

Officers were out at the scene today searching for the murder weapon in the death of Joseph Benaquist, Genesee County Sheriff Gary Maha said. Scott Doll is currently in custody on the charge of second-degree murder for allegedly beating Benaquist to death two nights ago.

Maha informed us that investigators were "searching the area" around Benaquist's home at 683 Knapp Road in Pembroke to "see if (the weapon) had been discarded by Mr. Doll." No weapon has yet been found. Investigators also have yet to determine a motive for the alleged homicide. Benaquist and Doll both served as corrections officers, and they were in an auto sales business together. Maha stressed, however, that a motive "does not need to be established."

The case against Doll is being prepared for a grand jury hearing tomorrow. District Attorney Lawrence Friedman will present the case for indictment. If the jury decides to indict, Doll will then be arraigned in county court.

We haven't yet connected with Friedman for more details on the grand jury appointment tomorrow.

There's an underlying assumption in today's Daily News story on murder suspect Scott Doll's mayoral candidacy in Corfu that Doll shouldn't be on the ballot.

Two phrases related to America's judicial system spring to mind: presumption of innocence and innocent until proven guilty.

Doll hasn't even been indicted yet for the beating death of Joseph Benaquist.

The evidence against Doll, as reported so far, is pretty damning.  But none of us where there. None of us yet really know what's going on.  There could be as yet some undiscovered or unreleased piece of evidence exonerating Doll.

I'm not saying or even suggesting that such evidence exists.  The issue to me is it seems a violation of due process to remove Doll's name -- a punishment of sorts -- from the Corfu ballot until he's convicted.  Shouldn't we just drop the question of whether his name is on the ballot until he is either convicted or admits the crime?  If neither happens before the election in March, it's up to the voters of Corfu to decide whether they want to stand behind a man suspected of murder.

We received the following statement from Corfu Mayor Todd Skeet by e-mail late last night. In full:

I would like to extend the sympathy and prayers of the entire community to the families affected by the recent tragedy in the Town of Pembroke.  We are a tightly knit community.  Now is the time to put their needs foremost in our hearts, minds and prayers.  We ask that everyone show the greatest respect for their privacy in the difficult days ahead.



Any requests for further official statements should be directed to the Genesee County Sheriff's office.  We ask that everyone be considerate and allow us all time to heal.

Murder suspect Scott F. Doll was recently endorsed by Republicans to run on their ticket for mayor in the village of Corfu.

Doll was arraigned earlier today on a felony count of second-degree murder in the death of his business associate and former colleague, Joseph E. Benaquist, who was found bludgeoned to death in his driveway early this morning.

Please see our initial post for the full details.

Corfu Village Clerk Sandra Thomas informed us that Doll had only recently moved back to the village and had no prior experience in the government there. He was endorsed by the Corfu Republicans during a caucus that was held on January 26. Elections for the village are scheduled for March 17.

We left a message for Mayor Todd Skeet. We have not yet heard back. We also tried to contact Andrea Vogler, who was listed as the chair of the Corfu Republicans on the caucus information that was supplied to the county.

Doll's family has been prominent in the Corfu community, where they owned "Doll's Super Duper grocery store" for 40 years, as Scott DeSmit reports for the Daily News.

Officials have yet to release any more information on the business ties between the two men. They have only said that the two were "in business together," and that they picked up used cars at an auction at Clarence which they then sold to customers in the area.

A check at the Genesee County Clerk's Office yielded no significant results when we searched for business information related to Doll and Benaquist. Doll was, however, listed on a financing statement for a loan from Automotive Financing Corp., along with the business SF Enterprizes, which had a listed address of 3 Corfu Plaza.

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This is a look into that plaza from Route 33. We drove through and did not see any signs for a business by the name of SF Enterprizes.

Investigators were absent from the scene of the alleged murder this afternoon at the home of Joseph Benaquist in Pembroke. A lone dog was to be found at the house, chained up out front of the garage.

PEMBROKE, N.Y. — Genesee County Sheriff Gary Maha held a press conference this morning on the murder of Joseph E. Benaquist in Pembroke last night. Maha announced the imminent arrest of Scott F. Doll, who is in the process of being charged with second-degree murder.

Please see our earlier post for the full details.

PEMBROKE, N.Y. — A Corfu man who was found walking along North Lake Road in Pembroke soaked in "fresh blood" will be charged with the murder of a Pembroke man who was found bludgeoned to death in the driveway of his home early this morning, Genesee County Sheriff Gary Maha said.

Scott F. Doll, 46, of 31 E. Main St., Corfu, will be charged with a felony count of second-degree murder in the death of Joseph E. Benaquist, 66, of 683 Knapp Road, Pembroke.

Deputies received a call last night at approximately 8:41 p.m. with reports of a "suspicious person" walking down North Lake Road in Pembroke. The individual, later identified as Doll, was "dressed all in camouflage" and carrying a car jack, a screwdriver and a lug wrench. When deputies arrived, they noticed that Doll's "clothes and sneakers were pretty well stained in what looked like fresh blood," said Maha.

"They asked him what was going on ... and the person was really quite evasive" said Maha. "The officers knew something wasn't right."

Deputies then determined that Doll had parked a van at a gas station on the corner of North Lake Road and Route 5. They found more blood inside the van and a pair of bloody gloves.

"So we had this person who was acting suspicious who had blood on him, so of course, we didn't buy his story, what he was telling us," said Maha. "So we started an investigation."

A relative of Doll's made comments that led officers to the home of Benaquist who was found dead "lying in a pool of blood in his driveway." Benaquist appeared to have suffered blunt trauma to the face and head.

Doll and Benaquist were acquaintances and "in business together" in an auto dealership that Maha believed to be located in Pembroke. The two men would purchase vehicles from an auction in Clarence, fix them up and then sell them, said Maha.

Doll is currently employed as a corrections officer at Wende Correctional Facility in Alden, Erie County. Benaquist had retired from the same facility, where he also worked as a corrections officer.

Maha said it is too early in the investigation to believe that the auto dealership was the cause of the homicide. No neighbors had reported a fight between the two men last night. But Benaquist's home is "out in the country," said Maha, at least a hundred yards from its nearest neigbor.

Doll has "at least" two children, plus a sister and a brother who live in the area, said Maha. Doll was sent to Genesee County Jail without bail.

The investigation is ongoing. We will get up video coverage of the press conference within the hour.

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Genesee County Sheriff Gary Maha will hold a press conference this morning at 10:00 a.m. at the sheriff's office to "release the details of a homicide that occurred in the town of Pembroke" last night.

We will get up any additional details as they become available.

Update (10:02 a.m.): The Daily News reports this hour that a Corfu man, Scott F. Doll, 46, will be charged later this morning with the murder of Joseph E. Benaquiste, 66. Benaquiste was found "bludgeoned to death" in the driveway of his Pemborke home early this morning.

Lindsi Fauth, 19, of Corfu, was charged with eight counts of petit larceny Sunday, Genesee County sheriff's deputies said. Fauth is accused of voiding purchases for her friends and herself on several occasions while she worked as a cashier at the Target store in Batavia. Voided merchandise totaled some $361.

Matthew S. Fenton, 22, of Elba, was charged with driving while intoxicated early this morning, city police said. Fenton was located on State Street, where he had allegedly crashed into a parked car. He was also ticketed with moving from the lane unsafely and open container of an alcoholic beverage.

State police have made several arrests after setting up a permiter patrol at the site of the crash of Continental Flight 3407 in Clarence Center.

On Friday morning, police charged Thomas Woodman, 19, of Clarence, with trespassing. Troopers located Woodman allegedly hiding behind a residence on Long Road, where he was attempting to video tape the crash site.

That same day, in the afternoon, Paul R. Brenton, 63, of Clarence, was charged with disorderly conduct. Brenton is accused of wandering into the restricted area while he was allegedly intoxicated. He had to be restrained, according to police, to be kept from entering the crash site.

State police also reported that a third individual was charged with a DWI at a roadblock set up nearby.