crime

Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.

Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.

Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.

Jessie P. Polito, 40, of 407 Frederick Douglas Street, Rochester, is charged with three counts of grand larceny, 4th, and one count of petit larceny. Polito was arrested following a lengthy investigation by Le Roy PD into a stolen purse in the Village of Le Roy and use of credit cards in the purse in Monroe County. Polito was identified as the suspect through video surveillance as the user of the cards and a warrant was issued for his arrest. Polito turned himself into Le Roy PD.

Olivia Nichole Smith, 21, of School Street, Batavia, is charged with driving while impaired by alcohol and drugs, possession of a forged driver's license, and open container. Smith was arrested after Deputy Ryan DeLong responded at 11:30 p.m. Friday to Route 33, Bergen, to a request to check the welfare of a person on a roadside vehicle.

Richard Sampel, 48, of Batavia, is charged with criminal contempt, 1st. Sampel was arrested by State Police based on a report at 10:17 p.m. Tuesday, in the Town of Alabama. No further details released.

Chelsea E. Vercruysse, 21, of Medina, is charged with unlawful possession of marijuana. Vercruysse was stopped by State Police at 9:12 p.m. Monday on Route 63 in Batavia.

A caller on Thorpe Street in the city says a man threw a rock through her window and also threw a bicycle at her. He is reportedly pacing outside. Police are responding.

Joshua G. Bachorski, 35, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

The arrest comes as part of an investigation into the sale and possession of crack cocaine in and around the City of Batavia.

Bachorski is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force in December. 

Members of the Drug Task Force arrested Bachorski on a sealed Grand Jury indictment warrant.

He was arraigned on the indictment in Genesee County Court and jailed on $20,000 bail or $30,000 bond.

The Drug Task Force was assisted by Sheriff's deputies and the District Attorney's Office.

Gary David Burney, 37, of North Spruce Street, Batavia, is charged with robbery, 2nd, two counts of grand larceny, 4th, criminal contempt, 1st, criminal contempt, 2nd. Burney was allegedly located in the apartment of a person he is barred from contacting in any manner. He was arrested on a warrant stemming from a prior incident where he stole the keys, purse and vehicle of the person he was ordered not to contact. Burney was jailed without bail.

Jacob Jonathan Szumigala, 24, of Orchard Park Road, Oakfield, is charged with: DWI; vehicular assault, 2nd; aggravated unlicensed operation, 1st; speed not reasonable and prudent; consumption of alcohol in a motor vehicle; violation of driving restrictions; driver's view obstructed; deposited refuse on a highway; and unsafe passing on left. Szumigala was charged following a three-vehicle, serious-injury accident on Main Street, Corfu, at 5:01 p.m. Thursday. (Previous report.)

Morgan L. Cox Sr., 50, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, and aggravated family offense. Cox is accused of violating an order of protection.

Luis A. Ramos-Mecardo, 33, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Ramos-Mecardo was stopped for an alleged traffic violation at 3:45 p.m. April 13 on Main Street, by Officer Christopher Lindsay.

Frankie McQueen, 27, of Broadway Road, Alden, was arrested on a warrant for alleged failure to appear in City Court and failure to adhere to terms of a prior sentence. 

Terry O'Neal Brock, 18, of Wellington Avenue, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and speeding. Brock was stopped at 12:38 a.m. Sunday on Route 33, Batavia, by Deputy Jeremy McClellan.

Jorden Elizabeth Prescott, 23, of Ellicott Street Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Prescott was stopped at 1:13 a.m. Saturday on Route 33, Bergen, by Deputy Howard Wilson.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with DWI, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Chavez was stopped at 8:40 p.m. Friday on East Main Street, Batavia, by Deputy Matthew Bailey.

Shequan M. Williams, 26, of Rochester, is charged with unlawful possession of marijuana. Williams was stopped by State Police at 10:34 a.m. Sunday in the Village of Alexander.

A caller reports that an unknown male tried to start a fight with his girlfriend in the area of 286 Ross St., Batavia.

The man may have displayed a knife.

A police officer is out with the woman now.

Jason R. Anderson, 36, of South Main Street, Batavia, is charged with grand larceny, 4th, driving while under the influence of drug and alcohol, criminal mischief, 4th, and possession of a hypodermic instrument. Anderson is accused of driving his vehicle into Kibbe Park where it became stuck in the mud. Anderson then allegedly stole another vehicle and attempted to push his vehicle out of the mud. That vehicle also became stuck in the mud. The stuck vehicles were reported at 1:27 a.m. Tuesday. Upon investigation by officers Mitchell Cowen and Arick Perkins, Anderson was allegedly found to be under the influence of drugs and alcohol and in possession of needles. He was arraigned and jailed without bail.

Kiara M. McCoy, 28, of Woodward Street, Rochester, was arrested on a warrant for alleged failure to answer a traffic summons. McCoy was located by Rochester PD and turned over to Batavia PD. McCoy posted bail and was released.

George E. Norway, 65, of North Pearl Street, Oakfield, is charged with aggravated harassment. Norway allegedly left a threatening message for an employee at the Department of Motor Vehicles. Norway was arraigned and released under the supervision of Genesee Justice.

Sarah D. Peterson, 26, of Le Roy, is charged with unlawful possession of marijuana. Peterson was arrested by State Police at an apartment in Le Roy at 12:15 p.m. Wednesday.

Samuel R. Oddo, 34, of Batavia, is charged with grand larceny, 4th. Oddo is accused of stealing property at Target with a value of more than $1,000. He was arrested by State Police at 2:34 p.m. Monday.

Jessica M. Pfenninger, 35, of Batavia, and Robin L. Walsh, 51, of Batavia, are charged with criminal possession of a controlled substance, 7th. Pfenninger and Walsh were arrested by State Police at 2:38 p.m. Wednesday. No further details released.

At a press conference this morning (photo), officials with the Sheriff's Office asked for the public's help in locating the family of murder victim Sherri Colleen Butler and this evening investigators announced next of kin of been located and notified of Butler's death.

The 58-year-old woman was found dead Monday morning in her room at the Sunset Motel in Batavia, the victim of blunt force trauma to her neck.

The suspect remains at large.

Investigators are still seeking the public's helping in solving the murder case. Anybody with any information that might be helpful are encouraged to call (585) 343-5000.

Previously: Investigators trying to locate family of murder victim Sherri Colleen Butler

Investigators have been unable to locate the family of Sherri Colleen Butler, the woman found dead two mornings ago in a room at the Sunset Motel on West Main Street Road, Batavia, so they released her name today in the hope somebody will see it and contact them with more information about her.

As far as investigators know, Butler has been living at the Sunset Motel since the January 2014 when deputies first had contact with her.

She has a record of prior law enforcement contacts in Rochester.

Not much else is known about here, said Undersheriff Gregory Walker during a press conference this morning.

Butler is described as a white female, age 59.

She was last seen alive Friday or Saturday.

Emergency dispatch received a call at 11:57 a.m. Monday of an unresponsive woman in a room at the motel. One of the motel's owners, Kevin Bezon, went to check on her because she hadn't been seen in a couple of days.

Sgt. Ron Meides was the first officer on scene and he immediately determined Butler was dead and the circumstances of her death seemed suspicious.

A medical examiner has ruled her death a homicide. The cause of death was "blunt-force trauma to the carotid artery."

Chief Deputy Jerome Brewster said Butler had no other serious injuries. He would not say whether there was evidence of a related crime, such as robbery or sexual assault. 

There was no drug paraphernalia in the room.

There was no sign of forced entry. 

Brewster said no information will be released at this time on whether there is a suspect or suspects.

“It’s hard to assume whether it was somebody she knew or not,” Walker said.

Like all the residents of the motel, Butler paid her rent on a weekly basis. Co-owner Lynn Bezon said Butler always paid her rent on time and was a pleasant resident.

"She was a sweet lady," Bezon said.

Butler's prior police contact did include an arrest, according to available information. She was arrested in May 2014 for harassment, 2nd, and trespass. She was arrested in July 2014 on a warrant for criminal contempt.

Homicides remain rare in Genesee County. The most recent cases include the last one on Dec. 1, 2015, when Kyle Johnson killed Norman Ball on Selden Road in Le Roy. In December 2014, Baby Chandler died of head trauma and Jeffrey L. Deats was charged with manslaughter. A few days later, Deats took his own life while in custody. In 2009, Scott Doll killed Joseph Benaquist in Pembroke.

The unsolved murders in the county include Bill Fickel, Annie Lee, Eddie Freson and Kisha Sullivan.

Asked how he thought this case might be a hard case to solve, Brewster said, "I never go into one thinking I’m not going to win."

Solving the Butler case though may hinge, Brewster said, on the cooperation of people who aren't normally comfortable talking with the police.

"Because she lived in a motel unit and paid week-to-week, she would have been in contact with people that are similarly fixed and sometimes these people don’t really communicate with the police," Brewster said. "We’re hoping that when they realize this woman has been murdered that they may decide step outside themselves and help the police for once. They could be a big help to us if they decide to come forward."

In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.

Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.

A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.

State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.

Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.

Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.

"I'm not holding back," Friedman said. "I have not decided which way we go between those options."

He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.

"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.

The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.

Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable. 

One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.

At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.

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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."

Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.  

"He's doing as well as expected under the circumstances," Walker told the county legislators.

A woman was found dead, apparently murdered, at 11:57 a.m. yesterday at the Sunset Model, 4056 W. Main Street Road, Batavia.

A medical examiner has determined the cause of death was "sharp force trauma to the carotid artery."

Yesterday morning a deputy responded to a report of an unresponsive woman in a room at the motel. Responding deputies determined she was dead and Coroner Jeffrey McIntyre responded to confirm her death.

The case has been ruled a homicide by the medical examiner. 

The woman has been identified by authorities but her name has not yet been released pending notification of family.

Amanda E. Havens, 36, of Munson Street, Le Roy, and Thomas Williamee (no further info released) are charged with petit larceny and conspiracy, 6th. Havens and Williamee are accused of stealing gasoline from Top's Friendly Market.

Anthony Charles D'Ambrosia, 38, of Mosley Road, Rochester, is charged with bail jumping. D'Ambrosia allegedly failed to appear for a scheduled court date in City Count. He turned himself in within 30 days of his scheduled appearance. He was jailed on $500 bail.

Minnie Marie Henry, 30, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to meet sentencing requirements. He was arraigned and jailed.

Leroy Thornton III, 27, of Ashland Avenue, Niagara Falls, is charged with harassment, 2nd. Thornton allegedly threatened another person during a disturbance on Dellinger Avenue at 9:10 p.m. March 11.

John P. Henning, 56, of Batavia, is charged with criminal contempt. Henning was arrested by State Police on Monday. No further details released.

James Benjamin Page, 38, of Edgeware Road, Rochester, is charged with petit larceny, aggravated unlicensed operation, driving without an ignition-interlock device. Page was allegedly found by Deputy Jeremy McClellan at 11:35 p.m. Saturday loading scrap metal from a local business into a vehicle without permission. He allegedly had possession of control of the vehicle at the time.

Mallard Akoma Newkirk, 25, of Lake Artesia Road, Faison, N.C., is charged with unlawful possession of marijuana. Newkirk was arrested after a report of the odor of marijuana coming from a hotel room at the Econo Lodge in Pembroke at midnight, Saturday.

Patricia Lynn Gertis, 57, of Mount View, Arcade, is charged petit larceny. Gertis is accused of shoplifting from Kohl's Department Store in Batavia.

Deborah Ann Scholonski, 48, of Griswold Road, Bergen, is charged with: DWI; driving with a BAC of .08 or greater; speeding; driving a vehicle without valid inspection; and insufficient tail lamps. Scholonski was stopped at 11:30 p.m. Friday on Route 33, Stafford, by Deputy Ryan DeLong.

Andres A. Arteaga, 20, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Arteaga was stopped at 1:53 a.m. Sunday on Route 98 in the Town of Batavia by State Police.

A person driving a black pickup truck apparently tried to steal a trailer from a residence in Alabama.

The son of the owner followed the truck and managed to get him stopped at Lewiston and Meadville roads. The pickup driver unhooked the trailer and took off.

The plate of the truck comes back to a residence in Niagara County. The Niagara County Sheriff's Office has been notified. Deputies there are familiar with the subject.

More than seven years ago, Michael J. Piasta stood before Judge Robert C. Noonan and said he thought he could turn his life around.

"At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Piasta served the maximum term. He was released Oct. 24.

In March, he allegedly robbed the Arby's Resturant in Batavia. Today, he was arrested by Batavia PD with assistance from members of the Local Drug Task Force.

He is charged with robbery in the second degree, criminal possession of a weapon in the third degree, and grand larceny in the third degree.

He allegedly got away from the Arby's robbery March 23 with more than $6,000 in cash.

When he was arrested on West Main Street, three other individuals were in the truck with him. Batavia PD did not release any information on those individuals or whether they were charged with any crimes.

Piasta was jailed without bail following arraignment in City Court.

When he appeared before Noonan in 2010, Piasta already had a lengthy criminal record. 

On Nov. 5, 2010, Piasta entered a guilty plea to burglary, 3rd, and two counts of criminal possession of a forged instrument. Piasta also admitted that he broke into a business at 56 Harvester Ave., Batavia, and stole a credit card -- running up more than $500 in charges -- and checks. He attempted to forge the checks at two local banks.

That summer, Piasta was also accused of stealing DVDs from Pandora's Boxx and shoplifting from Wilson Farms.

Deputy Ryan W. Young has been identified by Genesee County Sheriff William A. Sheron Jr. as the officer involved in Wednesday night's shooting at the Indian Falls Log Cabin Restaurant.

Deputy Young is a six-year law enforcement officer who joined the Genesee County Sheriff’s Office in 2016.

Sheriff Sheron said: “Law enforcement officers go to work every day knowing that they may be required to sacrifice their own lives, or take the life of another human being, in order to fulfill their obligation of protecting the citizens of our communities. Deputy Young’s actions on Wednesday night did just that.”

ADDITIONAL INFO: Deputy Young was with the Le Roy Police Department prior to joining the Sheriff's Office. On Dec. 1, 2015, he distinguished himself at a crime scene on Seldon Road, Le Roy, where Kyle G. Johnson had already killed a neighbor and set his own house on fire as Young arrived on scene. After he arrived, Johnson fired in his direction toward a fire chief. Young immediately took command of the situation, took cover, instructed neighbors to seek shelter in their basement, and kept other responding units informed of Johnson's movements and whereabouts, even, while at times, under the threat of being fired upon. He received a Distinguished Service Award from Le Roy Chief Chris Hayward for his valor. Johnson was eventually taken into custody without further shots fired.

After the duty-related death of Deputy Frank Bordonaro in 2014, Young made rope bracelets with brass plates honoring Bordonaro and sold them to others in the law enforcement community to help raise funds to donate to Bordonaro's sons.

Earlier this year, Young received his first Commendation from the Sheriff's Office.

A 16-year-old resident of Oak Street in Batavia accepted a plea deal this afternoon that could result in a term of one-and-a-third to four years in prison.

The Oklahoma native, who finished the 10th grade of high school, accepted responsibility in Genesee County Court this afternoon for injuring a 13-year-old victim who was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

Zambito ordered a pre-sentencing investigation, and sentencing is scheduled for 9:15 a.m. on May 21. Meanwhile, Lionel remains in custody on $25,000 bail.

It was unclear if other charges initially filed in the case are still pending in Batavia City Court -- one count of harassment and two counts of endangering the welfare of a child.

Lionel's attorney, Michael Locicero, asked if the plea agreement would resolve any pending charges.

District Attorney Lawrence Friedman said he could not agree "sight unseen" that additional charges pending for Locicero's client would be satisfied by the plea agreement at hand. But the DA did pledge that the plea satisfies all charges for the defendant in this case, involving this victim, pertaining to the Nov. 28 incident.

Lionel -- handcuffed, wearing faded orangish sweat pants, a bright orange jail shirt, long-sleeved thermal undershirt, white socks and tan slides -- fidgeted as Zambito explained what the plea meant. Slightly built and about 5'7", he answered "yes," softly, when asked if he understood the terms.

Local law enforcement and county coroners are on scene at the Log Cabin Restaurant in Indian Falls.

A report of shots fired there was dispatched at about 11 p.m.

The road is blocked and no one is being admitted. The location is 1227 Gilmore Road.

As of 11:50 p.m., a county coroner was allowed in and other responding medical personnel were told to leave.

At about 11:58 p.m. a second county coroner arrived.

UPDATE 12:07 a.m.: First District Attorney Melissa Cianfrini just arrived on scene.

UPDATE (By Howard) 1:24 a.m.: Undersheriff Greg Walker has confirmed that a deputy shot and killed an armed suspect after the man turned and pointed his gun at him outside the Log Cabin Restaurant. (Story)

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.