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Tuesday, November 11, 2014 at 5:57 pm

Oakfield FD treasurer admits to petit larceny

post by Howard B. Owens in crime, Oakfield

Via The Batavian's news partner WBTA:

The former treasurer of the Oakfield Fire Department has pled guilty to a charge of petit larceny, in connection with the disappearance of thousands of dollars of department funds. Samantha Hilchey, 31, entered her plea in Oakfield Town Court.

She has already paid $6,000 in restitution.

The remaining amount will be determined when the state audit of the fire department’s books is completed.

District Attorney Lawrence Freidman says whatever that amount is, Hilchey will be required to pay.
She faces up to a year in jail when she is sentenced on Jan. 5th.

Hilchey was arrested by State Police in June on a charge of grand larceny in the third degree, a Class D felony.

The deal allowed her to plea to petit larceny, a misdemeanor.

Monday, November 10, 2014 at 5:24 pm

Law and Order: Bergen resident accused of making moonshine

post by Howard B. Owens in batavia, bergen, corfu, crime, pembroke

Shane Irwin Crosby, 38, of North Bergen Road, Bergen, is charged with manufacturing an illicit alcoholic beverage, a Class E felony. Crosby was found to have an illegal moonshine still during a visit by probation officers at 8:40 a.m., Oct. 26. Deputy John Weis was dispatched to investigate. Crosby is accused of operating a still without being a properly licensed distiller. He was issued an appearance ticket.

Dale S. Berglund, 39, of West Allis, Wisc., is charged with felony DWI. Berglund was stopped at 8:45 p.m. Sunday in the Village of Corfu for allegedly driving 51 in a 35 mph zone.

Willie Marshall, 61, of Batavia, is charged with forcible touching. Marshall was arrested following an investigation by the State Police Bureau of Criminal Investigation into a complaint that he inappropriately touched a 13-year-old girl while staying with her mother at a local motel.

Brett Nelson Magoffin, 39, Genesee Street, Pembroke, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Magoffin was stopped at 5:27 p.m. Sunday on Read Road, Pembroke, by Deputy Patrick Reeves.

Macayla T. Brown, 18, Ja'Nelle A. Smith, 18, and a 17-year-old, all of 8170 Batavia Stafford Townline Road, are charged with petit larceny. The trio are accused of stealing $366 in merchandise from Walmart.

Kaylee Louise Middaugh, 19, of Little John Road, Belfast, is charged with petit larceny. Middaugh is accused of pushing a cart full of merchandise out of Walmart without paying for the items.

Eric Vernon Biscaro, 57, of Ellicott Street Road, Batavia, is charged with assault ,3rd. Biscaro is accused of hurting another person during a domestic incident.

Saturday, November 8, 2014 at 1:47 pm

Grand Jury: Man indicted on multiple counts for alleged sex acts with minor

post by Billie Owens in batavia, crime, Grand Jury, Pavilion

Beniluis Ruiz is indicted for first-degree sexual abuse, a Class D felony, for allegedly subjecting another person to sexual contact in the Spring of 2013 when that person was physically helpless and therefore incapable of consent.

All counts stem from alleged incidents in the Town of Pavilion.

  • In count two, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct with a person less than 17 years old in December 2013 when he was age 21 or older;
  • In count three, he is indicted for third-degree rape, a Class E felony. It is alleged that in December 2013 he engaged in sexual intercourse with a person under 17 years old and he was age 21 or older;
  • In count four, he is indicted for criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion with a person less that 17 years old in December 2013 while he was age 21 or older;
  • In count five, Ruiz is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Jan. 5 with a person under age 17 when he was 21 or older;
  • In count six, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Feb. 10 with a person under age 17 while he was 21 years old or older;
  • In count seven, he is indicted for third-degree criminal sexual act, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion on Feb. 10 with a person under age 17 while he was age 21 or older;
  • In count eight, Ruiz is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse on Feb. 10 with a person under age 17 while he was age 21 or older;
  • In count nine, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting on Jan. 4-5 in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17;
  • In count 10, he is accused of the same actions as in count nine, but involving a second child under age 17;
  • In count 11, Ruiz is indicted for unlawfully dealing with a child, 1st, a Class A misdemeanor, for on Jan. 4-5 allegedly giving or selling or causing to be given or sold, alcoholic beverage(s) to a person under age 21;
  • In count 12, he is accused of the same crime as count 11, but involving a second person under age 21.

Matthew D. Marvin and Brenden R. Jones are accused of fourth-degree grand larceny, a Class E felony. It is alleged that on June 20 in the Town of Batavia, they stole property valued in excess of $1,000, including baby monitors, K-9 Advantix products, Braun electric razors, Oral-B electric toothbrush, computer software, router, "spyder" wire and other products valued at $2,928.84 from Walmart. In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intending to commit a felony on June 20. They allegedly agreed with one or more persons to engage in this criminal conduct.

Christopher M. Colantonio is indicted for criminal possession of a forged instrument, 2nd, a Class D felony. It is alleged that on April 3 at a bank in the City of Batavia, he cashed a bogus check for $100, which was made payable to him and taken from another person's account. In count two of the indictment, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $100 by means of the aforementioned forged check.

Friday, November 7, 2014 at 11:10 am

Law and Order: Guardian of minor who ran from police charged with curfew violation

post by Howard B. Owens in Basom, batavia, Alabama, corfu, crime, Le Roy, Pavilion, pembroke

Juanita Jackson, 58, of Ellicott Street, Batavia, is charged with juvenile curfew violation. Jackson is the legal guardian of a youth who was allegedly found in a public place within the city past juvenile curfew time. The youth was allegedly involved in criminal mischief, larceny from a vehicle and possession of stolen property at 10:50 p.m., Oct. 29. The youth fled from police and was later located hiding in St. Joseph Cemetery by K-9 Destro.

Reginald C. Sampson, 48, of Holland Avenue, is charged with resisting arrest, obstructing governmental administration, 2nd, and disorderly conduct. Sampson is accused of refusing to comply with officers requests during an investigation being conducted at his residence. Sampson reportedly became irate and allegedly began yelling obscenities, disrupting the peace of the neighborhood and interfering with the investigation. When told he was under arrest, Sampson allegedly became combative with officers. Williams was jailed following arraignment. (Previous report).

Deavin L.A. Herman, 20, of Caroline Street, Albion, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Herman was jailed on $500 bail.

Olivia M. Lyons, 21, of Judge Road, Basom, is charged with petit larceny. Lyons was arrested by Batavia PD following an investigation into complaints of numerous thefts from UMMC staff. Lyons is accused of stealing mobile phones Wednesday evening.

Kenneth M. Gray, 22, of Myrtle Street, Le Roy, is charged with acting in a manner likely to be injurious to a child less than 17 and harassment, 2nd. Gray was arrested on a warrant out of City Court related to an alleged incident Oct. 20.

Nathan J. Pascuzzo, 23, of Ellicott Street Road, Pavilion, is charged with DWI. Pascuzzo was stopped at 5:10 a.m., Nov. 2, after officer Peter Flanagan observed a vehicle on Ellicott Street driving on two flat tires.

Heather L. Draper, 25, of East Avenue, Batavia, is charged trespass. Draper is accused of entering a store she had been banned from entering.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on a disorderly conduct charge. Sanders was released on $125 bail.

Joseph W. Freeman, 30, of East Avenue, Batavia, is charged with harassment, 2nd. Freeman allegedly punched another person in the face during a domestic argument at 4:45 a.m., Monday.

Crystal L. Lawrence, 30, of Main Street, of Batavia, was arrested on a warrant for alleged failure to appear.

Didier Asne Antoine, 20, of Jackson Street, Batavia, is charged with criminal trespass, 3rd. Antoine was allegedly on College Village property after being banned.

Robert Ray Davis, 53, of Main Road, Pembroke, is charged with unlawful dealing with a child. Davis allegedly hosted an underage drinking party at his residence.

Elizabeth Michelle Grattan, 24, of Maple Street, Batavia, is charged with burglary, 3rd, and petit larceny. Grattan is accused of entering Walmart after being banned for life from the store. She allegedly stole $110 worth of merchandise.

Tuesday, November 4, 2014 at 3:01 pm

Person arrested following pair of disturbances in the city

post by Howard B. Owens in batavia, crime

A pair of disturbances in the city early this afternoon has resulted in at least one person in custody with police still trying to sort out events.

There was an initial disturbance call, a possible assault involving multiple people in the area of Tracy and Washington, but when police arrive there were no victims nor assailants in the area, said Sgt. Dan Coffey.

An officer then responded to a call on Holland Avenue and shortly after arriving, radioed that he needed backup because two car loads of people just arrived. That brought at least a half-dozen officers and deputies as well as city detectives.

There was a lot of screaming and yelling and pushing and shoving on Holland.

The two incidents appear to be related, Coffey said.

One person was taken into custody and Coffey said the man impeded the investigation when officers arrived. He will likely be charged with obstructing governmental administration, disorderly conduct and resisting arrest, Coffey said.

His name has not yet been released.

Several people then went to police headquarters for interviews. Coffey said they were potential victims of the Tracy and Washington assault. Officers were still trying to put the pieces together.

The investigation is ongoing.

Monday, November 3, 2014 at 6:01 pm

Law and Order: Police break up alleged Halloween underage drinking party on Jackson Street

post by Howard B. Owens in batavia, corfu, crime, Oakfield

Jerry J. Jordan Jr., 19, of Batavia Stafford Townline Road, Batavia, is charged with obstruction of governmental administration, harassment, 2nd, and unlawful possession of alcohol under age 21. Patrols responded to 156 Jackson St., Batavia, at 1 a.m., Saturday, on a complaint of an underage drinking party in progress. When police arrived, occupants of the house locked the door. Officers determined that the occupants were gathering behind the front door with a plan to rush the officers. Jordan was allegedly the first person through the door when it opened. He was carrying a large speaker that he allegedly used to pushed into the first officer he encountered. Several other individuals were arrested. Deputies and troopers assisted at the scene. Supplemental Information Not in the Press Release: The property is owned by James Pontillo. The property has been condemned. Pontillo said as many as 80 people were gathered in the living room at one time, causing a floor joist to break.

Also arrested:

  • Philbert Prince Williams, 20, of Jackson Street, Batavia, is charged with providing alcohol to a minor, endangering the welfare of a child and unlawful possession of marijuana.  
  • Demetri C. Stewart, 21, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.
  • Didier A. Antoine, 20, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.
  • Terrence Brown, 20, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21, acting in a manner injurious to a child, and unlawful possession of alcohol under age 21.
  • Jason A. Perry-Murray, 20, of Jackson Street, Batavia, is charged with providing alcohol to a minor and endangering the welfare of a child.
  • Tavid C. McIntosh, 19, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21, acting in a manner injurious to a child, and unlawful possession of alcohol under age 21.
  • Naquil T. Jones, 22, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.

Maleak H. Green, 21, of Bank Street, Batavia, is charged with rape, 3rd, and endangering the welfare of a child. Green was arrested following an investigation into an alleged incident at 2:15 p.m., Aug. 7. No further details released. Green is being held in the Genesee County Jail on an unrelated charge.

Kimberly M. Douglas, 32, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Douglas is accused of violating an order of protection at 2:52 p.m., Friday, on Ross Street.

Jeffrey E. Williams, 30, of Westhigh Terrace, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams was jailed, no bail specified.

Marlon M. Chess Jr., 33, of Bergen Street, Rochester, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Chess was arrested following an investigation by Batavia PD at 1:08 p.m., Thursday, into a suspicious vehicle parked near the Verizon Store on Lewiston Road, Batavia.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, is charged with three counts of issuing a bad check. Zdrojewski was arrested on a warrant for allegedly issuing bad checks in August in Batavia.

Terrance H. Riley, 26, of South Main Street, Batavia, is charged with harassment, 2nd, and resisting arrest. Riley was arrested after allegedly trying to fight another person while officers were present. He then allegedly resisted arrest. The incident was reported at 2:20 p.m., Wednesday, on South Main Street, Batavia.

Jeremy Allen Weatherbee, 45, of Roosevelt Avenue, Batavia, is charged with felony DWI (alcohol or drugs), aggravated unlicensed operation, 1st, leaving the scene of a property damage accident, driving on sidewalk, refusing to take breath test and failure to stop at stop sign. Weatherbee is accused of failing to stop for a stop sign at Pearl Street and Roosevelt Avenue at 1:14 a.m., Saturday. His car reportedly struck the south curb of Pearl Street, resulting in heavy damage to the front tires and rims of his vehicle. He then allegedly drove the vehicle with the damaged rims back to his residence on Roosevelt Avenue. Weatherbee was ordered held without bail.

Dustin J. Wilmet, 25, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .08 or higher, driving with an open container and aggravated unlicensed operation. Wilmet was arrested following an investigation at 2:12 a.m., Friday, by Sgt. Eric Bolles into a reported fight at a location on West Main Street, Batavia.

Nicholas Joseph Breau, 22, of Glenwood Drive, Clarence, is charged with aggravated unlicensed operation. Breau was stopped at 10:31 p.m., Friday, on Galloway Road, Batavia, by Deputy Joseph Corona for alleged traffic violations. Breau was also arrested on a warrant out of Amherst.

Chantalle Josephine Bessil, 19, of High Manor Drive, Henrietta, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Deputies responded to a report of a burglary in progress at a location on Main Road, Corfu, at 12:59 p.m., Thursday, and during the investigation found that Bessil, a passenger in a vehicle at the scene, was in possession of a small amount of marijuana in a grinder and a baggie. She also allegedly had a stun gun in her purse.

Thomas E. Hensel, 31, and Tonya D. Smith, 29, both of Overlook Drive, Batavia, are charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Officer Micheal Lute, Corfu PD, responded to a complaint of a disturbance at 2 p.m., Wednesday, and upon arrival found a vehicle with a suspended registration. Upon further investigation, he found Hensel and Smith allegedly in possession of heroin and a needle. Hensel also charged with criminal trespass, 3rd, for allegedly breaking into a building in Corfu at 11 a.m., Oct. 5.

Barbara E. Ferrando, 43, of West Main Road, Corfu, is charged with criminal possession of marijuana. Ferrando was stopped for driving with an alleged suspended license at 9 p.m., Oct. 23, by Officer Michael Lute, Corfu PD. During an inventory of the vehicle's contents, a large bag of marijuana was allegedly found in the trunk.

William Gordon Schultz Sr., 40, of Evans Street, was arrested on a warrant for alleged failure to pay a fine. Schultz was arrested at his place of employment and arraigned in front of Judge Eric Adams. Schultz was released on his promise to pay the majority of the fine today and the balance on Nov. 12.

Lauren K. Pellegrino, 32, of Batavia, is charged with grand larceny, 4th. Pellegrino was arrested by State Police for allegedly stealing a credit card. The blotter entry is labeled "purse snatching." She was jailed on a bail amount that is not listed. The alleged incident is reported at 1:36 a.m., Sunday, in Oakfield. No further details released.

Wednesday, October 29, 2014 at 9:09 pm

Officers respond to report of youths breaking into cars on Kibbe Avenue

post by Howard B. Owens in batavia, crime

A caller reported seeing youths trying to break into cars on Kibbe Avenue, and seconds later said they were leaving the area at a high rate of speed, heading southeast on South Jackson Street.

Within a minute, a patrol stopped a vehicle with two or three occupants.

The officers were attempting to question them.

On a car-to-car transmission, one officer drolly tells another, "they have no idea who they are."

The individuals are being separated for further interviews.

At the same time, officers are tracking individuals who are going through one of the cemeteries on Harvester Avenue. A K-9 is on scene.

UPDATE 10:45 p.m.: Both incidents are related. A total of six people are involved. When Batavia police officers pulled over a pickup truck to question the driver about the Kibbe complaint, two passengers fled the vehicle on foot and were seen going into the cemetery. The cemetery area is cordoned off; the K-9 was taken off leash to hunt for the two suspects. One has been apprehended; the other remains at large. Three additional passengers remained inside the truck; one is a female who appears to be in her teens. One of the males at large is described as white, about 15 years old, with a thin build.

UPDATE 11:23 p.m.: Batavia PD is still on scene questioning two individuals. One individual remains at large. Police located a GPS unit in the vehicle and are trying to determine if it's stolen. We don't anticipate any further updates tonight unless there's a significant development.

UPDATE noon, Thursday: No arrests were made. The investigation is continuing, according to Assistant Chief Rob Yaeger.

Wednesday, October 29, 2014 at 5:21 pm

Law and Order: Warrant suspect located in cemetery

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

Ted E. Kingsley, 42, of Prune Street, Batavia, was arrested on a bench warrant. Police were responded to a tip that Ted Kingsley, wanted on a City Court warrant, was residing at 11 Prune St., Batavia. Patrols went to the residence but were unsuccessful in locating Kingsley. Patrols checked the surrounding area, including the cemeteries on Harvester Avenue. During the check, a subject identified as Kingsley was seen running through Batavia Cemetery. Officers gave chase and Kingsley eventually stopped at the request of a police officer and he was taken into custody without incident. Kingsley was jailed on $100,000 cash bail. (Photo: Monday's arrest in the Batavia Cemetery submitted by Jim Woodhams III.)

Maleak H. Green, 21, of South Main Street, Batavia, is charged with criminal contempt, 1st, harassment, 2nd, criminal obstruction of breathing and unlawful imprisonment. No details released on the alleged incident, reported at 1:20 a.m. Green was jailed on $10,000 bail.

Christina L. Fox, 26, of Bank Street, Batavia, is charged with petit larceny. Fox is accused of stealing the property of somebody she knows.

Samantha L. Hicks-O'Connell, 27, of Ellsworth Avenue, Batavia, is charged with endangering the welfare of a child, aggravated unlicensed operation, 2nd, unlicensed operation and back seat passenger under age 16 without a safety belt. Hicks-O'Connell was stopped at 5:34 p.m Oct. 8 on Liberty Street, by Officer Jason Ivison after a complaint was received of a female driving a pickup truck with a 10-year-old child riding in the back. NOTE: After reviewing the press release following a complaint by Hicks-O'Connell (see comments), we should note the release does not specifically state a traffic stop was involved in the chargers.

Neal Anthony Sendlak, 25, of Harlem Road, Amherst, is charged with possession of a hypodermic instrument, operation of an unregistered motor vehicle and no seat belt. Sendiak was stopped at 3:50 p.m. Tuesday on Lewiston Road, Batavia, by Deputy Joseph Corona for alleged traffic violations.

Curtis Lamont Williams, 34, of Ellicott Street, Batavia, was arrested for an alleged Family Court Act violation -- failure to pay child support. Williams was arraigned in Family Court and released because his child support is almost up to date. He was ordered to return to court Nov. 10.

Ronald Warran Sloat, 73, of Godfreys Pond Road, Bergen, is charged with trespass. Sloat is accused of failure to leave another person's property after being told several times to leave.

Bruce Devan Reid, 52, of Saint Paul Street, Rochester, is charged with possession of burglar tools and attempted petit larceny. Reid is accused of possession of tools that would have helped him steal items from parked cars. He was jailed on $4,000 bail.

Wednesday, October 29, 2014 at 1:20 pm

Two people arrested, two others released after officers respond to report of gun being loaded in Tops plaza

post by Billie Owens in batavia, crime

Two individuals are in custody because they have warrants out on them and two others were released following an incident that occurred late this morning at Tim Horton's on Lewiston Road.

Law enforcement initially responded to a report of four people loading a gun in the parking lot of the Tops Market plaza. After a search of the area, including a foot patrol, nothing was found. Soon thereafter, the suspect vehicle was spotted by an officer as it pulled into the parking lot of the new Tim Horton's.

Sheriff's deputies, City PD and State Troopers responded and with guns drawn apprehended the four suspects. A search turned up nothing except a small amount of marijuana inside their vehicle. The two people with active warrants were kept in custody and two others were released.

UPDATE 3:50 p.m. (by Howard): Initial information above based on what we were first told at the scene. Only one person was released without charges. The driver was arrested and charged with unlicensed operation and unlawful possession of marijauna. Investigators spent a good deal of time interviewing the four individuals. Det. Thad Mart, Batavia PD, said the investigation is ongoing, but declined to discuss what investigators are still looking at in the case. The vehicle was initially reported near the Verizon store. Mart said based on the report originally called in, it was something to take seriously. "Obviously, in this day and age, somebody loading ammunition into a firearm in a public parking lot, it raises some eyebrows and some cause for concern. We have to be concerned about the public and be concerned about officers investigating."

UPDATE: We should have included that the vehicle was a rental. Two of the subjects were from Orleans County and two from Monroe County. The vehicle was impounded.

Monday, October 27, 2014 at 3:09 pm

State Police arrest Darien Center man following report of burglary in progress in Clarence

post by Howard B. Owens in crime, Darien
Casey Lafleur

Dispatched to investigate a burglary in progress on Main Street in Clarence, troopers spotted a man they believed was fleeing north from Main Street.

Casey L. Lafleur, 24, of Darien Center, was stopped and later arrested.

Lafleur allegedly entered an unlocked enclosed port and went into the residence through a closed, locked door, causing damage to the doorway. He then left the residence, police said.

He is charged with criminal trespass, 2nd, criminal trespass and criminal mischief, 4th.

Lafleur was arraigned in Clarence Town Court and released on his own recognizance. 

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