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Monday, February 16, 2015 at 12:30 pm

Batavia man accused of trying to stab girlfriend with scissors inside Attica Tops

post by Howard B. Owens in Attica, batavia, crime
Joshua Pehrson

A Batavia man is in custody in Attica after an alleged assault at the Tops Store in the Wyoming County village.

Joshua T. Pehrson, 29, of 330 Ellicott St., Batavia, is accused of choking his girlfriend while they were parked in a car outside the store. The woman, an employee of Tops, entered the store and Pehrson allegedly attacked her again when they got inside, choking her and attempting to stab her with scissors.

Employees and customers intervened and held Pehrson until Attica PD officers arrived.

He is charged attempted assault, 1st, criminal obstructing breathing, menacing, 2nd and criminal possession of a weapon, 4th.

The suspect was jailed on $25,000 bail or $50,000 bond.

Monday, February 16, 2015 at 10:44 am

Law and Order: Batavia man charged with assault

post by Howard B. Owens in batavia, crime

Tyquawn D. Bethal, 24, of East Main Street, Batavia, is charged with criminal contempt, 1st, criminal contempt, 2nd, assault, 3rd, coercion, 2nd, and criminal obstruction of breathing. Bethal was arrested following an investigation into an alleged incident reported at 8:30 a.m. Wednesday at a residence on Prune Street, Batavia. The investigation stemmed from an initial report that Bethal had unwanted physical contact with a person protected from him by a court order. He was also charged with three counts of endangering the welfare of a child. Bethal was ordered held without bail.

Keith B. Besaw, 43, of Lyon Street, Batavia, is charged with criminal mischief, 2nd. Besaw is accused of damaging an electric clock valued at more than $1,500 at the Genesee County Nursing Home.

Nickol RL Burnett, 24, of Ellicott Street, Batavia, is charged with harassment, 2nd. Burnett was arrested on a warrant during a traffic stop. He posted $300 bail and was released.

Russell L. Cocilovo, 44, of East Main Street, Batavia, is charged with criminally possessing a hypodermic instrument and driving a motor vehicle with an obstructed view. Cocilovo was stopped at 10:25 a.m. Wednesday on Bank Street by Officer Frank Klimjack.

A 17-year-old was arrested on a bench warrant for alleged failure to appear on a disorderly conduct charge. The youth was found at a local hotel and taken into custody. He posted $300 bail and was released.

Chad A. Bernard, 37, of Ross Street, Batavia, is charged with harassment, 1st, and endangering the welfare of a child. Bernard was allegedly involved in a domestic incident at 11:40 a.m. Saturday on Ross Street. Bernard was jailed on $2,500 bail.

Andrew C. Webster, 21, of Gillate Road, Alexander, is charged with petit larceny. Webster is accused of shoplifting from Tops Market.

Michael R. Marchese, 24, of Park Avenue, Batavia, was arrested for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Marchese was located at his residence. He posted $500 bail and was released.

Sunday, February 15, 2015 at 3:09 pm

Driver in accident on Law Street charged with DWI

post by Howard B. Owens in batavia, accident, crime, Le Roy

The young man reportedly behind the wheel of a pickup truck that took out a utility pole on Law Street early this morning, causing a power outage in the area, was charged with DWI.

Joseph P. Pratt, 20, of 70 Church St., Le Roy, and a passenger were transported to an area hospital and treated for non-life-threatening injuries.

According to police, Pratt failed to negotiate a curve on Law Street in the area of 2 Law St., Batavia.

The 2010 Chevy Silverado hit the pole, which snapped in half.

Pratt was charged with DWI, speed unreasonable and prudent and refusal to take pre-screen breath test. Additional charges are pending. 

Power was restored to the area about 10:30 a.m.

(Initial Report)

UPDATE 8:40 p.m.: Photo added. National Grid crews are still on scene completing repairs to the broken pole.

Thursday, February 12, 2015 at 5:24 pm

Teen accused of selling drugs on school grounds in Alexander

post by Howard B. Owens in alexander, crime

A 17-year-old has been charged with three felonies after being observed allegedly selling narcotics on school grounds in Alexander.

Nicholas David Frayne, of Chick Road, Darien, is charged with criminal sale of a controlled substance on school grounds, criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of controlled substance as a Class A misdemeanor. 

The alleged sale was reported at 9 a.m. Tuesday at Alexander Central School.

Officials did not say who observed the alleged sale.

The case was investigated by Deputy Patrick Reeves and Sgt. Greg Walker.

Frayne was arraigned in Town of Alexander Court and released under supervision of Genesee Justice.

Thursday, February 12, 2015 at 1:33 pm

Law and Order: Man in trouble for pictures posted to social media site

post by Howard B. Owens in batavia, bergen, byron, crime

Stephen J. Turkasz, 24, of East Main Street, Batavia, is charged with criminal contempt, 2nd. Turkasz is accused of posting photos of people who are the subject of a protective order on a social media Web site, in alleged violation of the order of protection.

Malcolm A. Kea, 27, Porter Avenue, Batavia, was arrested on a warrant related to a charge of operating while registration suspended or revoked. Kea was arrested at his residence for alleged failure to appear.

Curt Thomas Randall, 27, of Swamp Road, Bergen, is charged with unlawful possession of marijuana. Randall was stopped for an alleged traffic violation at 4:05 p.m. Wednesday on Byron Holley Road, Bryon, by Deputy Joseph Corona.

Benjamin G. Evans, 26, of Batavia, is charged with petit larceny. Evans is accused of stealing from Tops Market, Batavia. Evans was arrested by State Police.

Wednesday, February 11, 2015 at 8:57 am

Batavia man charged with sexual abuse in Warsaw

post by Howard B. Owens in batavia, crime
Preston Ruble

After first providing her alcohol in April, a Batavia man allegedly subjected a 16-year-old girl to unwanted sexual contact according to state troopers in Warsaw.

Charged with sexual abuse, 1st, criminal sexual act, 3rd, and unlawful dealing with a child is 24-year-old Preston Matthew Ruble.

Ruble allegedly served alcohol to two teenage girls, one 16 and the other 17, on the night of April 12 and 13, then sexually abused the younger girl.

Ruble was arraigned in Village of Warsw court and jailed in Wyoming County on $20,000 bail or $40,000 bond.

Tuesday, February 10, 2015 at 12:44 pm

Attorney files motion arguing Scott Doll didn't get a fair trial for 2009 murder

post by Howard B. Owens in corfu, crime, pembroke, scott doll

An attorney representing Scott F. Doll has filed a motion to vacate the former Corfu resident's 2010 murder conviction on the grounds that Doll's rights were violated the night of his arrest and his trial counsel's failure to raise the issue of specific rights being violated constituted inadequate representation.

Timothy Murphy is also asking for DNA testing on fingernail scrapings from the victim, Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business.

Murphy argues in a 22-page motion that there was no probable cause to detain Doll for more than three hours the night of the murder and then later transport him to the Sheriff's Office for further questioning.

Doll previously lost an appeal over the police interrogation, despite the fact he was never read his Miranda warnings, under a legal theory known as the "emergency doctrine," which allows police questioning if they believe a person's life may be in danger.

The night of Feb. 19, 2009, emergency dispatchers received a call about a suspicious condition on North Lake Road, Pembroke. 

Deputy James Diehl responded to the scene and located Doll walking on North Lake Road in overalls and carrying a tire jack in one hand.  

When Diehl approached, he noticed that Doll's overalls were covered in blood.

At one point, Doll claimed it was blood from a deer he had recently butchered.

At the time, there was no missing person report on Benaquist and his body wouldn't be found for another four and a half hours.

In arguing for the emergency doctrine exception for questioning Doll on North Lake Road and later at the Sheriff's Office, the prosecution contended that deputies and investigators found the blood suspicious and Doll's inconsistent statements troubling.

They suspected a crime had been committed and that perhaps a victim was still alive and in need of assistance, thereby justifying trying to get information out of Doll that might lead them to a victim.

Murphy argues that in rejecting Doll's appeal on those grounds, the Appeals Court found that there was no probable cause for taking Doll into custody and then transporting Doll to the Sheriff's Office.

There is prior case law that prohibits both actions without probable cause, according to Murphy's motion.

Detaining Doll for three hours at the scene exceeds the police's authority to "stop and frisk" a person under suspicious circumstances, Murphy argues.

The failure of Doll's defense counsel, led by nationally renowned defense attorney Paul Cambria, and assisted by Daniel Killelea, to object during the trial stage to the custody and transport of Doll constitutes a procedural error that compromised Doll's right to a fair trial.

Assistant District Attorney Will Zickl has written a response, but it has not yet been filed with the court, so it's not yet a public document. 

A hearing on the motion was scheduled for this morning, but was postponed to March 10 to give Murphy more time to read and respond to Zickl's answer.

For previous coverage of Scott Doll, click here.

Monday, February 9, 2015 at 10:27 am

Law and Order: Churchville woman charged with drug possession

post by Howard B. Owens in batavia, crime, Le Roy, Stafford

Jessica Lynn McGowan, 29, of Attridge Road, Churchville, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, and unlicensed operator. McGowan was arrested following an investigation by Deputy Bradley Mazur into a situation on Route 19, Le Roy, at 9:44 a.m. Sunday. She was jailed on $500 bail.

Dana M. Faiello, 32, of East Avenue, Hemlock, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. Faiello was taken into custody by State Police in Geneseo and turned over to Batavia PD. She paid $100 bail and was released.

James A. Chase, 35, no residence, Batavia, is charged with violation of sex offender registry. Chase was the subject of a warrant and following pubication of his status as a wanted person Friday, Chase turned himself in at Batavia PD headquarters. He was jailed without bail.

Stephen S. Bogle, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bogle was arrested after police responded to the parking lot of the Richmond Memorial Library to check on a reported suspicious vehicle.

Kevin Charles Greene, 60, of West Main Street, Batavia, is charged with petit larceny. Greene allegedly stole $37.42 in merchandise from Walmart.

Pierre A. McMullen, 32, of Buffalo, Christopher A. McCullen, 43, of Buffalo, and Craig A. Elston, 30, of Buffalo, are all charged with criminal possession of stolen property, 4th. The three were arrested in an ongoing investigation into an incident reported at 11:55 a.m., Jan. 25. The investigation is being conducted by State Police. All three were held on cash bail. No further details released.

Robert P. Nowak, 57, of Pembroke, is charged with menacing, 2nd, criminal possession of a weapon, 4th, and making a terrorist threat. The alleged incident was reported at 3:30 a.m., Saturday. The case is being handled by State Police. No further information released.

Saturday, February 7, 2015 at 10:34 pm

Suspect in Attican Motel standoff charged with falsely reporting incident

post by Howard B. Owens in Attica, alexander, crime

A former Marchias resident has been identified as the Attican Motel resident who told authorities he was armed Friday night, leading to a four-hour standoff that ended after the use of teargas. He's been charged with a felony.

Michael A. Balla, 39, was arrested by Attica PD, Chief Dean Hendershott announced this evening, and he is being held in the Genesee County Jail on $10,000 cash bail or $20,000 bond.

Balla is charged with falsely reporting an incident, 2nd. 

Authorities say Balla called 9-1-1 and reported that he had a loaded gun, that he did not want anyone coming there because there would be an explosion when they walked in the door. 

Hendershott was dispatched to the scene and he requested backup from deputies in both counties along with State Police.

A State Police negotiator tried to talk Balla out of the Attican's Room 101 and the State Police robot was used at one point to check the room and as a communications device to try and convince Balla to surrender.

When he didn't teargas was fired into room. 

After being taken into custody, Balla was transported to Wyoming County Community Hospital for treatment of an apparent overdose and a mental health evaluation. 

He was arrested on the charge when he was released from care at 3:30 p.m.

Balla is schedule for a felony hearing at 4 p.m. Feb. 10 in Alexander Town Court.

The investigation is ongoing and additional charges are pending.

Saturday, February 7, 2015 at 1:49 pm

Police warn of con artists using law enforcement fund-raising claim

post by Howard B. Owens in batavia, crime

Press release:

The Batavia Police Department has received several complaints of an organization claiming to be an affiliate of the “Organization for Police Officers,” or “Batavia Police Union,” soliciting money to donate to the Police. The Batavia Police Department and Batavia Police Benevolent Association are not soliciting donations via telephone. The Batavia Police would also like to use this time to remind everyone not to give out personal information over the telephone. IE: Social Security numbers, bank account numbers, addresses.

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