crime

Two arrests have been made by the Genesee County Sheriff's Office following the investigation into an assault which occurred at 1:42 a.m. on Oct. 9 in the parking lot of Playmates, located on Route 237 in the Town of Byron.

The victim suffered several serious injuries and was listed in critical condition at Strong Memorial Hospital.

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, were arrested and charged with second-degree assault. The brothers were put in Genesee County Jail in lieu of $25,000 cash bail. Scott was arrested Oct. 12; Jonathan on Oct. 11.

Investigators from the Genesee County Sheriff's Office were assisted by the Monroe County Sheriff's Office and its K-9 after Scott refused to comply with direct orders to exit his residence on Oct. 12 in Fairport. After about three hours, Scott was taken into custody on an arrest warrant without further incident.

On the day his trial was to start this week, a 56-year-old Batavia man accused of menacing a police officer instead entered a guilty plea to one of the two counts against him.

Bill Thomas, of State Street, was arrested in March after an early morning standoff with the Emergency Response Team.

He pled guilty today to criminal possession of a weapon, 3rd, a Class D felony, satisfying both counts returned against him by a grand jury. 

There is no condition on sentencing. The maximum possible penalty is two and a third to seven years in prison.

Sentencing is scheduled for 1:30 p.m., Nov. 15.

He is being held in the Genesee County Jail.

The maximum possible penalty for the Class E felony is four years in prison, but Joel Bert Shorts, 55, reached a plea deal with the District Attorney's Office that will likely mean 10 years probation. He will also become a registered sex offender in the State of New York.

Shorts reportedly attended Kingdom Bound at Darien Lake Theme Park as part of a religious group as a chaperone.

No details about the victim have been released, but in court today, while discussing a stay away order of protection, Shorts' attorney warned him that even if the victim makes contact with him, he is not to respond to any message.

Shorts, dressed in a white polo shirt and gray slacks, was reminded a few times to speak up while the judge asked him a series of questions about his plea, and while the judge asked the questions designed to ensure he was mentally alert and aware enough to enter a plea, Shorts started to choke up briefly.

Sentencing, and a SORA hearing (to determine his sex offender status), was set for 9:30 a.m., Jan. 10.

Danielle Riley McMinn, 22, of South Cranberry Boulevard, North Port, Fla., is charged with: DWI; unlawfully fleeing a police officer in a motor vehicle, 3rd; reckless driving, failure to keep right; and moving from lane unsafely. McMinn was stopped by Genesee County Sheriff's deputies shortly after midnight on Oct. 12 on R. Stephen Hawley Drive when she allegedly failed to keep right. She then allegedly fled from deputies in her vehicle, leading deputies on a short pursuit. The pursuit came to an end when McMinn crashed her vehicle at the intersection of R. Stephen Hawley Drive and Bank Street Road in the Town of Batavia. She was subsequently arrested and jailed on $500 cash or $2,000 bond. She is to reappear in Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Hale.

Benjamin James Marien, 24, of Meadowbrook Terrace, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; speed in excess of 55 mph; and failure to keep right on a two-lane road. On Oct. 12 at 12:54 a.m., Marien was arrested following a traffic stop on Genesee Street in Pembroke. He was issued an appearance ticket for Town of Pembroke Court and is due there on Nov. 8. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Matthew R. McQuillen, 33, of 38 Lathrop Ave. in Le Roy, was arrested on Oct. 10 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that at 4 p.m. on Oct. 8 McQuillen stole a DVD from a store located on West Avenue in Le Roy. McQuillen was released on an appearance ticket to appear in Le Roy Town Court on a later date.

Shawn Richard Porter Cuyler, 18, of Vendome Drive, Gates, is charged with unlawful possession of marijuana. At 8:53 a.m. on Oct. 11, the subject was pulled over on the side of the road on Oak Orchard Road in Batavia because his passenger had gotten out to retrieve glasses that fell from the vehicle. The subject allegedly possessed several smoking devices containing marijuana, along with two bottles containing marijuana. He was issued an appearance ticket for Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by City of Batavia Police Officer Frank Klimjack.

A 26-year-old Le Roy resident was arrested today after allegedly failing to obey a police officer's orders when he was spotted in the area of the Le Roy Sewage Treatment Plant on Red Mill Road.

Zachary R. Reed, of Britt Road, Le Roy, is charged with one count of obstructing governmental administration.

Police responded to the plant at 2:28 p.m. to investigate a report of a man with a long gun at the facility.

A person with a gun was spotted going into the nearby woods and the police officer reportedly ordered him to come out of the woods with his hands up. According to Le Roy PD, the person did not comply with the order.

Other law enforcement agencies were summoned for backup, a K-9 patrol responded, and a perimeter was set up.

During the search, police officers obtained Reed's mobile number and called him. He agreed to come out of the woods, meeting officers on North Street, but he didn't have his gun with him.

After a search, the gun, a .22-caliber rifle, was located in an area of tall weeds.

Assisting Le Roy PD were the Sheriff's Office and State Police.

Reed was issued an appearance ticket.

(initial report)

Blake Michael Toal, 18, of Old State Road, Covington, is charged with third degree criminal mischief. On Sept. 25, the Genesee County Sheriff's Office received a report of criminal mischief to a basketball backboard in the Village of Bergen Park. The deputy assigned to the Village of Bergen conducted a thorough investigation and numerous individuals were interviewed. The defendant was located and arrested and charged with the Class E felony. He was issued an appearance ticket and taken to jail for prints and photos. He is due in Town of Bergen Court at 3 p.m. on Wednesday, Oct. 19. The case was handled by Sheriff's Deputy Ryan DeLong.

Three people were assaulted in two separate incidents overnight in the Byron and Bergen areas, and both attacks may have been perpetrated by the same suspects, and those suspects may have been identified. 

The first attack was reported at 1:42 a.m. in the parking lot of Playmates in Byron. 

The victim was reportedly Elliot P. Arnold, 29. Investigators say he was jumped by two males and was left bleeding and semiconscious. He was transported to Strong with facial cuts and other injuries.

The second incident was reported at 1:52 a.m. at the 7-Eleven in Bergen. 

That incident is believed to have involved the same two suspects.

Attacked were Natalie M. Mazurzak, 18, and Zachary M. Bower, 20, who were punched several times by the suspects.

No information provided on a possible motive or if robbery was involved.

The investigation is ongoing and being handled by Deputy Howard Carlson, Deputy Ryan Young, Sgt. John Baiocco and the State Police.

A five-month investigation into three residential burglaries in the West Main Street area of the Village of Le Roy concluded on Oct. 4 with the arrest of 48-year-old Thomas A. Park by the Le Roy Police Department. Park is from the Le Roy/Pavilion area but is currently living in the City of Rochester. It is alleged that during the months of April, May and June, Park unlawfully entered three different residences in Le Roy and stole items from each consisting of cash, jewelry and a crossbow. It is further alleged that Park then pawned some of the property in Batavia. Park was charged with three counts of burglary in the second degree, a Class C felony, and three counts of petit larceny, a Class A misdemeanor. Park was arraigned before the Le Roy Town Court and released RUS as he is being overseen by Genesee Justice and the Rochester City Drug Court. 

A 17-year-old who lives on Myrtle Street in Le Roy is charged with two counts of third-degree burglary. Following an investigation in the Town of Le Roy, it is alleged that at 12:45 p.m. on July 20 the defendant entered a garage in the 8000 block of Route 5, without the owner's consent, and stole a 17-caliber long gun. It is further alleged that on the same day, the defendant entered another garage in the vicinity on Route 5, without the owner's consent, and stole a pellet gun. The defendant was arraigned in Le Roy Town Court and released under supervision of Genesee Justice. The investigation was conducted by Sheriff's Deputy Andrew Hale and Investigator Bradley Mazur.

Dolores M. Urban, 50, of Goodrich Road, Clarence, is charged with first-degree aggravated unlicensed operator, a felony, misdemeanor DWI, misdemeanor aggravated DWI (with a BAC of .21 percent), and having an inadequate muffler. On Oct. 6 at 114 Route 77 in Corfu, Urban was stopped for having an inadequate muffler. According to the report of the Viilage of Corfu Police Department: "Upon activating patrols emergency lights to affect the stop, the driver pulled off the east shoulder of the roadway, striking the bridge over the creek." After interviewing Urban and having her perform field sobriety tests, she was arrested. She was released on appearance tickets and is due in Village Court on Oct. 24.

Dean D. Root, 35, of 40 Main St., Apt. # 2, Le Roy, was arrested on Oct. 7 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that on that day Root shoplifted an item from a pharmacy in the Village. Root was issued an appearance ticket and is to appear in the Le Roy Town Court on Oct. 17 to answer the charge.

Jill Louise Hanlin, 39, of Alexander Road, Alexander, is charged with endangering the welfare of a child. On Oct. 4 at 2:30 p.m., while investigating an overdose, it was determined that the subject allegedly overdosed on heroin, had passed out, and had to be transported to UMMC. The subject was found by her son after he came home from school. The subject was the only adult home and was responsible for the care of her child. The subject was arrested, issued an appearance ticket for Alexander Town Court at 5 p.m. on Oct. 25. Medical staff on scene notified Child Protective Services. The case was handled by Sheriff's Deputy Kevin Forsyth, assisted by Sgt. Jason Saile.

Linda A. Kupka, 49, of 940 Hardy Road, Cadiz, Ky., is charged with: first-degree falsification of business records; second-degree endangering the welfare of a physically disabled person; willful violation of health laws; and physical abuse/neglect/mistreatment. The incident(s) allegedly occurred at 3 p.m. on Jan. 12 at the GC Nursing Home, 278 Bank St. in the City of Batavia. NYS Attorney General's Office requested assistance from City of Batavia Police Department in arresting Kupka, a previously employed healthcare worker at the Nursing Home. She was arraigned at 2 p.m. on Sept. 27 before City Court Judge Balbick and put in GC Jail in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Klimjack.

Robert M. Schryver, 53, of North Spruce Street, Batavia, is charged with forcible touching. He allegedly touched the intimate parts of another person without that person's consent at 5:45 p.m. on Sept. 28. He was arraigned and jailed in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Kilmjack.

Darleen Ann McComb, 58, of East Main Street, Batavia, is charged with second-degree harassment. At 7:05 p.m. on Oct. 3, Batavia Police were called the Emergency Room at UMMC after McComb, who was a patient, allegedly kicked a hospital employee. She was arrested and issued an appearance ticket for City Court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins.

Salvatore M. Schwable, 19, of South Pearl Street, Oakfield, is charged with: resisting arrest, second-degree obstruction of governmental administration; trespass; and unlawful possession of marijuana. The subject was arrest at 3:01 a.m. on Sept. 29 on Bank Street following an investigation into a trespass complaint on State Street a short time earlier. He was jailed on $2,500 cash bail and was due in City Court Sept. 29. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Darrin Mitchell Brown Sr., 27, of Platten Road, Albion, is charged with failure to obey a child support order, which was issued Aug. 2. The subject was turned over to the Genesee County Sheriff's Office on an arrest warrant out of Batavia Town Court after allegedly being involved in a larceny at Walmart in Orleans County. He was arraigned in Town of Batavia Court at 3:30 p.m. on Oct. 3 and put in jail in lieu of $1,000 cash or $2,000 bond. He was due in court on Oct. 4. The case was handled by Sheriff's Deputy Chris Parker.

Dawshawn A. Suber, 23, of East Main Street, Batavia, is charged with third-degree identity theft, third-degree forgery, and petit larceny. It is alleged that Suber stole a paycheck from a coworker at 5 p.m. on Sept. 16 and cashed the check at a local business. Suber was issued an appearance ticket and is due in City Court on Oct. 25. The case was handled by Batavia Police Officer Christopher Linsday, assisted by Officer Arick Perkins.

Annette Joy Waleski, 50, of South Pearl Street, Oakfield, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and unsafe tires. Waleski was arrested at 5:31 p.m. on Oct. 2 on Main Street in Oakfield after a motor-vehicle accident in the Village. She was released on appearance tickets for Oakfield Town Court on Nov. 14. The case was handled by Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Melynda M. Gayhart, 28, of North Avenue, Le Roy, is charged with: DWI -- common law; aggravated DWI with a BAC of .18 percent or greater; and failure to yield right-of-way on left turn. Batavia Police responded to Oak Street at 1 a.m. on Oct. 1 after receiving a complaint about erractic operation. Gayhard was arrested following a traffic stop, then released on appearance tickets for City Court on Oct. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Wojtaszczyk.

Katelyn L. Walsh, 21, of Redfield Parkway, Batavia, is charged with DWI -- common law, DWI with a BAC of .08 percent or more, and having no tail lamps. At about 2:26 a.m. on Sept. 25, Batavia Police conducted a traffic stop on a Jeep with no tail lamps on Main Street in the City of Batavia. Upon further investigation, Walsh was arrested for allegedly operating the vehicle while in an intoxicated condition. She is due in City Court on Oct. 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Joel Sebastian Puma, 41, of Walnut Street, Batavia, is charged with third-degree criminal mischief. At 10:35 p.m. on Sept. 27, Batavia Police responded to a residence on Walnut Street for the report of a male/female physical altercation. Following an investigation, it was revealed that during an argument, Joel Puma allegedly damaged the female's phone, which was valued greater than $250. He was arrested, arraigned and released on his own recognizance. He was due back in City Court on Sept. 28. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Mark E. Green, 34, of 75 Center Street, Warsaw, is charged with fourth-degree criminal mischief. He had an active arrest warrant out of Batavia City Court and was located at the old GC Courthouse and taken into custody. It is alleged that on June 25 Green removed a vehicle from a driveway on East Main Street in the City and in doing so caused damage to the driveway. He was arraigned and released on his own recognnizance and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Sgt. Matthew Lutey.

Jacqueline Michelle Bigelow, 51, of Prune Street, Batavia, is charge with dog running at large. At 11:18 a.m. on Oct. 4, Batavia Police responded to the area of South Spruce Street for the report of a large tan and black dog running loose. Police and Animal Control attempted to capture the dog for more than 30 minutes and found that the dog was owned by Bigelow. She was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by OfficerJames Sheflin.

Robert M. Freeman, 24, of State Street, Batavia, is charged with petit larceny. He allegedly stole a bottle of alcohol from a business on West Main Street in Batavia on Sept. 28. He was arrested at 3:24 p.m. on 8351 Lewiston Road. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Shane Zimblis, 45, of East Main Street, Le Roy, is charged with criminal mischief. Zimblis turned himself in at Batavia Police Headquarters on an arrest warrant out of Batavia City Court for a criminal mischief charge, which stemmed from an unspecified incident on West Main Street, Batavia, on Oct. 3. He was issued appearance ticket and was due in City Court Oct. 4. The case was handled by Batavia Police Officer Jason Davis.

Nathan Samuel Love, 23, of Montclair Avenue, is charged with failure to appear. He was arrested on an active bench warrant out of Batavia City Court for allegedly failing to appear for a court date. He was issued an appearance ticket and turned over to another jurisdiction on a warrant for a separate matter. He was due in City Court Oct. 5. The case was handled by Batavia Police Officer Chad Richards.

A second person involved an attempted robbery of a smoke shop in May where the employees fought back and the suspects fled, leading to a regionwide manhunt, entered a felony guilty plea in County Court today.

Misty Dawn Souza, 26, of St. Johnsville, entered a guilty plea to the first count of a five-count grand jury indictment, for attempted robbery in the second degree.

Last week, Jeremy J. Reynolds, 34, of Johnstown, also accepted a plea deal.

The duo was arrested after the Genesee County Sheriff's Office sought leads on the suspects in a robbery of the Smoke Rings Smoke Shop on the Tonawanda Indian Reservation. The man and woman entered the shop with what appeared to be guns, but only the man tried to continue with the robbery after his partner fled. He was confronted by an employee he didn't initially know was in the store and briefly detained in a back room before managing to escape through a window, dangling from the window, held by one leg by an employee, for a time.

Without a plea agreement for Souza, the Class D violent felony carries a maximum penalty of seven years in prison. The plea deal caps Souza's possible sentence to three and a half years, provided she stays out of trouble between now and sentencing at 9:30 a.m., Jan. 4.

At sentencing, her attorney, Fred Rarick, will argue that Souza should receive a sentence of probation with no prison term. He said in court today that he believes he can make a convincing case.

As discussed in court today, and as Souza volunteered while sitting in a Town of Alabama courtroom following her arrest in May, Souza suffers from a series of mental health issues and is required to take multiple medications.

In court May 21, Souza was frazzled and disheveled and rambled on about her concerns, the crime itself and her mental health issues while sitting in court. She said she had been off her medication since prior to the robbery attempt. 

Today, in court, she was a different person -- calm, well-spoken and polite as she answered questions from Interim Judge Micheal Pietruszka.

These factors will be part of Rarick's attempt to help Souza avoid a prison term. 

Rarick will also need to make the case that the robbery attempt was really the idea of Reynolds and that Reynolds misled Souza into participating and that while she participated briefly, she fled the scene almost immediately.

Rarick will need to successfully argue that Souza does not present a danger to the community.

She has no prior criminal record -- in the Alabama court, she said she never even had a traffic ticket before. She also has no history of use or abuse of illicit drugs.

She also has five children.

Souza's mother was in court with her today. Rarick told Pietruszka that his client has been nothing but cooperative and timely in her communications and court appearances.

She is out of jail on $50,000 bond.

Pietruszka noted that it will be up to the new county judge, likely Charles Zambito, to decide on Souza's sentencing on Jan. 4.

Previously:

• Suspects sought in thwarted robbery attempt at smoke shop
• Suspects in smoke shop robbery attempt arrested and arraigned
• Grand Jury: Accused smoke shop robber indicted on five violent felonies

The arrest came after Lane allegedly followed a family throughout local stores.

Lane was arraigned in the Town of Batavia Court and put in Genesee County Jail pending a future court date.



 

On Oct. 1, 2016 SP Batavia Troopers arrested Nathan Constantino, 20, of Batavia, for driving while ability impaired by drugs and for possession of marijuana. Following a traffic stop on Route 33 in the Town of Stafford, Constantino was allegedly found to be in possession of marijuana and failed field sobriety tests; he was subsequently arrested. Constantino was processed and released on appearance tickets returnable to the Town of Stafford Court.

Zachary M. Bower, 19, of Shady Lane, Batavia, is charged with unlawful possession of marijuana. The defendant was allegedly found in possession of marijuana while a deputy was investigating a suspicious vehicle near the Village of Bergen Park at 2:36 p.m. on Sept. 29. He was issued an appearance ticket returnable to Bergen Town Court on Nov. 2. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Michael Robert Simcick, 22, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was arrested after the strong odor of marijuana was allegedly detected emanating from his vehicle during a traffic stop at 5:44 p.m. on Oct. 3 on West Main Street in Le Roy. He is due in Le Roy Town Court on Oct. 20. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

From the Attica Police Department:

On Sept. 29, Officer Phillips of the Attica Police Department responded to a motor-vehicle accident at 4:47 p.m. on Market Street in the Village of Attica.

During the investigation of the accident, Victoria Bakos, 46, of Seward Road, Alexander, initially told the officer that she had been driving and was arrested for DWI. After further investigation it was determined Bakos was not the driver and was covering up for her boyfriend -- 44-year-old Robert Geandreau, also of Seward Road, Alexander, who had multiple DWIs in the past and a suspended driver's license.

Bakos was arrested for hindering prosecution in the third degree and Geandreau was arrested for DWI, first-degree aggravated unlicensed operation, operating a motor vehicle without an ignition interlock device, unlicensed operator, refusal to take breath test and fail to yield right of way. Bakos was issued an appearance ticket to appear in person at the Attica Village Court at 10 a.m. on Nov. 14.

Geandreau was put in Wyoming County Jail on $10,000 cash or $20,000 bond. He was to appear at the Attica Village Court at 10 a.m. this morning (Oct. 3). Officer Phillips was assisted by NYS Trooper Lunser and Officer Zufall from the Attica Police Department.

Misty Dawn Souza, AKA Misty Dawn Smith, is indicted for the crime attemped second-degree robbery, a Class D violent felony. She is accused of going into the Smoke Rings Smoke Shop, located at 449 Shanks Road, in the Town of Alabama, on May 20 with the intent of forcibly stealing property, engaging in conduct which "tended to effect the commission of such crime," while aided by another person who was present. In count two, she is accused of the same and in the comission of the crime or the flight from it, causing physical injury to a person who was not a participant in the crime. In count three, she is accused of the same, while displaying what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. In count four, she is accused of second-degree assault, a Class D violent felony, for intending to cause physical injury to another person, causing such injury to such person or to a third person by means of a dangerous instrument. In count five, she is accused of the same crime as in count four, and in the course of and futherance of the commission or attempted commission of a felony or the immediate flight thereafter causing phsical injury to a person other than one of the participants.

Patrick D. Neaverth is indicted for the crime of second-degree burglary, a Class C violent felony. He is accused of knowingly entering or remaining unlawfully in a house on Kingsbury Avenue in the City of Batavia on Aug. 13 with the intent to commit a crime therein. (In July, he was indicted for the same crime at the same location, which occurred in March.)

Jason Eric Jones, 42, of Main Road, East Pembroke, is charged with petit larceny. Jones was arrested following the investigation into an employee theft at 9:34 p.m. on Sept. 23 on Main Road in East Pembroke. Jones allegedly stole money from the cash register at a business. He was arraigned in Pembroke Town Court and in to appear there again on Oct. 11. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Deputy Kyle Krzemien.

Nivek Quadir Tisdale, 19, of Albemarle Street, Rochester, is charged with trespass. Tisdale was arrested at 4:34 this morning (Oct. 1) on a bench warrant out of Town of Batavia Court for failure to appear. He was jailed on $250 cash bail or $2,000 bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor and Deputy Chad Cummings.

Robert Lawrence Drozdowski Sr., 34, Main St., Alexander, is charged with unlawful possession of marijuana. At 10:45 a.m. on Sept. 28, Sheriff's deputies responded to Drozdowski's residence for a report of a disturbance. After a brief investigation into the complaint, Drozdowski was allegedly found to be in possession of a glass smoking pipe containing burnt marijuana residue. He was issued an appearance ticket and is due in Town of Alexander Court on Oct. 11. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Kyle Krzemien.

Prominent 81-year-old attorney Randolph Zickl was sentenced to five years probation in Genesee County Court today and ordered to pay $400 a month in restitution to his victim, the widow of a former client.

Zickl admitted stealing $75,398 dollars from the woman, who is "well into her 80s," and on June 24th he pled guilty to second-degree grand larceny, a Class-C felony punishable by up to 15 years in prison.

Prosecuting attorney Candice Vogel, an assistant DA in Erie County, said after today's proceedings: “The sentencing order was for five years probation. During that five years of probation the defendant was ordered to make restitution payments at the rate of $400 a month through the Probation Department here in Genesee County. He had already made a payment of $11,300 before we arrived here today.”

That leaves a remainder of $64,098 in restitution to be repaid to the victim. At the rate set today, she will not see the full restitution payment for approximately 14 years.

Zickl was once one of the most respected attorneys in the county, heading up the County’s Office of Legal Assistance. He also has two sons currently working in the Genesee County District Attorney’s Office.

One of Randolph Zickl’s defense attorneys said before sentencing that his client “feels horrible” about his crime; Zickl declined to speak before sentencing.

His defense also requested that he be given 60 days before continuing restitution payments as he has already paid a large sum of the amount and is currently living off of Social Security.

Presiding Judge James Bargnesi gave Zickl 30 days before the resumption of monthly restitution.

Vogel said that the perpetrator's age, the victim's age, the sizable amount of restitution paid to date and Zickl's assets and capability of paying the remaining amount all factored into the judge's decision to grant probation and determine the amount of monthly restitution. Vogel said the victim's family is aware of the terms and indicate they are comfortable with them.

Asked about the likelihood that the victim will live to reap the benefits of full restitution, Vogel said: "This is one of the biggest issues of financial exploitation of the elderly. It's kind of a race..." to try and prosecute such crimes and recoup what was stolen before the victim dies.

Vogel said, technically, if Randolph Zickl dies before he completes restitution, the balance will be the liability of his estate and its heirs.

One of the six Cuban nationals who operated out of Batavia and Lockport to run a massive credit card fraud operation was sentenced today to 12 months in federal prison for his part in the scam.

Yasser Carrillo Chartrand, 24, who previously pled guilty to a charge of conspiracy to commit wire fraud, was also ordered to pay $13,786 in restitution. 

Previously convicted co-conspirators were Eduardo Hernandez Quinones, Claudia Diaz Diaz, Yaily Santurio Milian, Jose Valdivia Quinones and Misael Toledo Rios, all citizens of Cuba.

Chartrand and his cohorts acquired the credit card numbers of real people, including at least two Genesee County residents, from online databases of stolen data and by using card skimmers placed on gas station credit card readers. They then created new, authentic-looking credit cards, which they used in stores throughout the Western New York region.

Investigation of the case began with a complaint to State Police in Batavia of fraudulent credit card transactions. The case expanded from there to include law enforcement in other jurisdictions and federal investigators.

A home on Batavia-Oakfield Townline Road that was used as a base of operation by the group was raided in January 2015.

Previously: Group of Cubans running massive credit card fraud ring had base in Batavia

From our news partner WBTA:

Cynthia Eggleston told the judge she was “very, very, very regretful” for stealing more than $40,000 from Pavilion’s Parent Teacher Organization in Genesee County Court Tuesday morning. She was the PTA's treasurer.

Eggleston’s last appearance in court made news as Judge Michael Pietruszka rejected an agreement in which Eggleston would plead guilty to fourth-degree grand larceny and receive a probation only sentence after it was revealed she was accused of stealing from yet another organization.

Those allegations were never brought to fruition and no additional charges were filed.

However, Eggleston maintained her guilty plea and was sentenced to five years probation and four months of weekend work release in the County Jail.

Marlek E. Holmes, a convicted sex offender, is indicted for the crime of failure to register a change of address, a Class D felony. Holmes is accused of moving to 9 Gibson St. in the Town of Oakfield in March and failing to register his change of address with the NYS Division of Criminal Justice Services within 10 days as required by law. In Special Information filed in the indictment by District Attorney Lawrence Friedman, Holmes is accused of previously having been convicted of: (1) failing to report a change of address, a Class E felony, and (2) as a Level 3/Sexual Predator, failing to verify his address every 90 days, also a Class E felony, as required by law. The convictions were handed down on Dec. 5, 2011, in Genesee County Court.

Craig None McKenzie Jr., 19, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Rahmel Hakeem Thompson, 18, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.