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Law and Order: Man jailed on $5,000 bail after making illegal turn -- his ID-only card had 36 active suspensions

By Billie Owens

Leroy Hannah Jr., 43, of Bradfield Street, Rochester, is charged with improper left turn, unlicensed operator and aggravated unlicensed operator for allegedly having 36 active suspensions on an ID card (not a driver's license). The subject was stopped at 1 p.m. on June 11 on Alleghany Road in Darien for making an illegal left turn. He was jailed in lieu of $5,000 bail and is due in Darien Town Court on Tuesday. The case was handled by Sheriff's Deputy Lonnie Nati.

Eli Matthew Aaron Smoke, 27, of Meadville Road, Alabama, is charged with endangering the welfare of a child. He was arrested at 6:13 p.m. on June 11 on Meadville Road following a domestic incident wherein he allegedly struck a child several times leaving bruising and welts on the child's body. He was arraigned, then released and a stay away order of protection put in place. The case was handled by Sheriff's Deputy Michael Lute.

Amy R. Doxtater was arrested on June 11 following a traffic stop on Route 20 in Darien. She is charged with: driving while intoxicated; aggravated DWI with a BAC of .18 percent or higher; aggravated unlicensed operation, 3rd; moving from lane unsafely; driving left of pavement markings in a no-passing zone; and refusal of breath-screening test. She was issued tickets and is to appear in Darien Town Court on July 12. The case was handled by Sgt. Jason Saile, assisted by Deputy Howard Carlson and Deputy Robert Henning.

Megan Ann Burns, 23, of 5668 Leete Road, Lockport, is charged with criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. During a traffic stop on Feeder Road in Alabama at 1:40 p.m. on June 8, Burns was allegedly found to possess several hypodermic needles loaded with suspected narcotics. She was issued appearance tickets and released. She is to be in Town of Alabama Court on July 12. The case was handled by Sheriff's Deputy Lonnie Nati.

Jeremy Charles Kaufman, 24, of 2868 Maple Road, Wilson, is charged with criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. During a traffic stop on Feeder Road in Alabama at 1:40 p.m. on June 8, Kaufman was allegedly found to possess several hypodermic needles loaded with suspected narcotics. He was issued appearance tickets and released. He is to be in Town of Alabama Court on July 12. The case was handled by Sheriff's Deputy Lonnie Nati.

Tyler Michael Confer, 23, of Walk Road, North Tonawanda, is charged with driving while intoxicated with a BAC of .08 percent or higher, first offense, and driving while intoxicated, first offense. The defendant was arrested at 4:57 a.m. on June 12 after he was allegedly found doing donuts on Lewiston Road. He was released on appearance tickets for Pembroke Town Court on July 17. The case was handled by Sheriff's Deputy Ryan Young.

Alizet Krysthalia Espinosa, 18, of Glendale Park, Rochester, is charged with criminal mischief, 4th. She was arrested at midnight on June 12 following the investigation into a property damage complaint at Darien Lake Theme Park. She was arrested for allegedly damaging an entry door and a touch screen monitor. She was jailed in lieu of $250 bail and is due in Darien Town Court on July 21. The case was handled by Sheriff's Deputy Eric Meyer.

Le Roy police nab previously deported illegal immigrant with felony record

By Billie Owens

Press release:

U.S. Border Patrol agents assigned to the Rochester Border Patrol Station arrested a previously deported alien with a criminal record on June 6.

Le Roy Police Department turned over Juan Rivas-Silva, age 42, to Border Patrol after stopping his vehicle for a traffic violation. The Le Roy Police department had requested Border Patrol assistance during the traffic stop.

An agent from the Rochester Border Patrol Station interviewed Rivas-Silva, a citizen of Mexico. Rivas-Silva was in possession of an expired driver’s license and a Mexican passport. Rivas-Silva was determined by Border Patrol to be illegally present in the United States, placed under arrest, and transported to the Rochester Border Patrol Station for processing.

Rivas-Silva told agents that he entered the United States illegally in 1998 in California. While in the United States, Rivas-Silva has committed felony crimes including burglary, assault and battery, domestic violence, and driving under the influence. Rivas-Silva is held without bond pending his removal from the United States.

Rochester Station Patrol Agent In Charge Michael Werthman said, “The arrest of this individual highlights the cooperation between law enforcement agencies in bringing criminals to justice. I commend our agents and the Le Roy Police Department for their hard work and commitment to service.”

Law and Order: Darien woman with revoked license arrested after multiple calls from concerned citizens about erratic driver

By Billie Owens

Leah J. Wimmer, 23, of Broadway Road, Darien, is charged with second-degree aggravated unlicensed operation, speeding (45 in a 30-mph zone) and unlicensed operation of a motor vehicle. Batavia PD received multiple reports from concerned citizens about a vehicle driving erratically on Clinton Street from the Bergen area shortly after 11 a.m. on June 3. No GC Sheriff deputies or NYS troopers were available. Batavia police located Wimmer driving on Clinton Street heading into the city. A traffic stop was conducted by Det. Sgt. Todd Crossett, assisted by Officer Marc Lawrence. Through the investigation it was discovered that Wimmer's driver's license was revoked. She was arrested and issued tickets. She posted police bail and was released. She is scheduled to appear in City Court at a later date.

Travis Domonic Brooks, 32, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. He was arrested at 8:07 a.m. on June 6 following an investigation into a domestic incident wherein he allegedly choked another person. He was arraigned and released under supervision of Genesee Justice. He is to return to City Court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Sgt. Dan Coffey.

Jamie L. Soto, 41, of West Main Street Road, Batavia, is charged with second-degree harassment. She was arrested at 11:04 a.m. on June 8 after allegedly striking an adult male in the face while at a residence on Liberty Street in the city. She is to be in City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jamie Givens.

Freddie L. Cunningham Jr., 54, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested at 8:10 p.m. on June 4 following an incident wherein he allegedly made verbal threats toward another person. He was arraigned in City Court and then released and is due back in court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Lindsay.

Regina M. Iannello, 56, of Platt Avenue, Le Roy, is charged with second-degree criminal contempt. She was arrested at 1:25 p.m. on May 13 after allegedly entering the residence on East Main Street in Batavia of a protected party of a stay away order. She is to return to City Court on June 21. The case was handled by Batavia Police Officer Jamie Givens.

Cody R. Moore, 27, of Clinton Street, Batavia, turned himself in on a bench warrant issued after he failed to appear and failed to pay a fine on a charge of aggravated unlicensed operation in the third degree issued Feb. 18 on West Main Street in the city. He was put in jail on $1,000 bail or $2,500 bond. The case was handled by Batavia Police Officer Jason Ivison.

Isaiah Munroe, 26, of Buell Street, Batavia, is charged with failure to appear. He was arrested after failing to appear in City Court on April 13 to answer a charge after he allegedly drove his vehicle with suspended registration in March. He was processed and released after posting bail and is due in City Court on June 22. The case was handled by Batavia Police Officer Mitchell Cowen.

Former crack dealer, already in prison, admits guilt to new drug charge

By Billie Owens

Philip R. Ayala accepted a plea deal today in Genesee County Court to a Class B non-violent felony of criminal possession of a controlled substance in the third degree. He will be sentenced at a later date this summer.

The former crack cocaine dealer and felon who once lived on Summit Street in the City of Batavia is now serving eight years in prison on other drugs charges prosecuted in Orleans County.

Acting Judge Michael F. Pietruszka can impose a sentence of anywhere from two to 12 years on the new charge, with one and a half to three years post-release supervision. Whatever sentence the judge decides will run concurrently with the defendant's existing sentence, under terms of the plea bargain. Ayala waived his right to any appeal.

Pietruszka ordered a pre-sentence report for Ayala, who is about 5'8" and slightly built.

When asked by the judge this morning, Ayala admitted to possessing (crack) cocaine with the intent to sell it last July in the city. That was while he was living on Vine Street in Batavia.

He was arrested on a sealed warrant out of Orleans County and had 62 bags of crack cocaine in his possession when they found him.

Ayala was out on bail awaiting sentencing in August. He had pled guilty to a Class C felony for fourth-degree criminal possession of a controlled substance stemming from a raid by law enforcement in Orleans County in December 2014. He was to get no more than five years in prison IF he didn't break the law prior to his sentencing.

As it stands, if he gets the maximum of 12 years, in addition to the eight he's already serving, that's four more years.

As was the case in April when today's plea cut-off date was set, there were several friends and family members in the gallery, tots to middle age, pointing, smiling and silently mouthing words. When his case ended, they stood and again said "Love you bro' " "Keep your head up!"

Law and Order: Caledonia man charged with felony for allegedly possessing drugs with intent to sell

By Billie Owens

Chase J. Francis-Whipset, 27, of Caledonia, was arrested on June 4 by the Le Roy Police Department and charged with: one count of criminal possession of a controlled substance in the 5th degree with the intent to sell, a Class D felony; aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony; unlawful possession of marijuana, a violation; speed in zone, a violation; unlicensed operator, a violation; and driver's view obstructed, a violation. Francis-Whipset was stopped by the Le Roy Police after allegedly operating a motor vehicle on East Main Street speeding. After a brief investigation, it was found that Francis-Whipset had a suspended driver’s license. Further investigation revealed that Francis-Whipset allegedly possessed a quantity of cocaine, marijuana and drug paraphernalia. Francis-Whipset was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of $3,000 cash bail or $6,000.00 bond. Francis-Whipset is to appear in court on June 8.

Blake Riley Pahuta, 18, of Alleghany Road, Pembroke, is charged with petit larceny, sixth-degree conspiracy, third-degree tampering, and unlawful possession of marijuana. A 17-year-old-female from Pembroke is charged in the same incident for petit larceny, sixth-degree conspiracy and third-degree tampering. The charges for both individuals stem from a shoplifting complainant from Kmart. Pahuta was operating the suspect vehicle from a larceny; the female was a passenger in that vehicle. Pahuta was observed northbound on Route 77 at 3:50 p.m. on June 6. As a State Police patrol attempted to stop the vehicle, a large black bag was thrown from the suspect vehicle. The vehicle was later stopped on Cohocton Road in the Town of Pembroke and at the end of the investigation, Pahuta and the female were arrested on the charges. They were taken to jail for processing, then released on appearance tickets for Town of Batavia Court and Pembroke Court at a later date(s). The cases were handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Michael Lute.

Law and Order: Tracy Avenue woman allegedly punched former coworker the day after she got fired

By Billie Owens

Ana M. Uribe, 22, of Tracy Avenue, Batavia, is charged with second-degree harassment. At 2:57 p.m. on June 2, Uribe was arrested after she allegedly punched a former coworker after being fired from her place of employment the day before. She is to appear in Batavia City Court on June 14. The case was handled by Batavia Police Officer Cowen Mitchell, assisted by Officer Christopher Lindsay.

Christina A. Cotter, 23, of Ellicott Street, Batavia, is charged with first-degree criminal contempt, second-degree criminal contempt, endangering the welfare of a child, and second-degree harassment. She was arrested on the charges June 2. They stem from a domestic incident at noon on May 28 wherein Cotter is alleged to have been involved in a physical altercation with another person who had an order of protection against her. She was jailed without bail and was due back in City Court on June 3. The case was handled by Batavia Police Officer Christopher Lindsay and Officer Marc Lawrence.

Gary D. Burney, 35, of Spruce Street, Batavia, is charged with first-degree criminal contempt, endangering the welfare of a child, two counts of fourth-degree criminal mischief, and second-degree harassment. He was arrested at 11:30 a.m. on June 4 following a domestic incident wherein he allegedly shoved a person and damaged the person's property all while in the presence of a child. He was jailed on $5,000 bail and is be appear today in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Christopher Camp.

Jennifer N. Wenner, 29, of Hutchins Street, Batavia, is charged with criminal possession of stolen property in the third degree. Steffon G. Philip, 30, of Madison Street, Rochester, is also charged with criminal possession of stolen property in the third degree. At 10:41 p.m. on May 30, Batavia police observed a stolen vehicle in the area of East Main and Swan streets. Officers arrested Wenner, who was allegedly found operating the stolen vehicle. She was jailed on $5,000 bail. They also arrested Philip, who was allegedly found with the stolen vehicle. Both were due in City Court on May 31. The cases were handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Lindsay.

Luis D. Chavez, 23, of Lewiston Road, Oakfield, is charged with operating a motor vehicle on a pubic highway while using a mobile phone, driving while intoxicated, and driving with a BAC of .08 percent or higher. The charges stem from an accident at 9:57 p.m. on May 25 on State Street in Batavia. It is alleged that Chavez was on his mobile phone, not paying attention to the roadway, and struck a parked car on the east side of State Street, just north of North Street. During the investigation, Cahvez was also allegedly found to have been intoxicated by alcohol. He was released on appearance tickets and is due to appear on those charges in City Court June 8. The case was handled by Batavia Police Officer Chad Richards, assisted by Sgt. Christopher Camp.

Robert J. Donovan II, 38, of Oak Street, Le Roy, is charged with inadequate rear lamp and second-degree aggravated unlicensed operator. At 9:23 p.m. on May 22, Batavia police conducted a traffic stop on a motorcycle in the area of Oak Street and Richmond Avenue in the city and found Donovan to be operating the motorcycle with a suspended license with a total of 10 suspensions. He was arrested and later posted bail. He was to appear in City Court on June 1. The case was handled by Batavia Police Officer Arick Perkins.

Quinton L. Spinks, 31, of Vine Street, Batavia, is charged with first-degree aggravated unlicensed operation and failure to obey a traffic control device. Spinks was arrested at 9:32 p.m. on May 28 following a traffic stop on Washington Avenue. Spinks was stopped after allegedly driving on a closed road and was found to be operating with active suspensions on his NY ID. He was jailed without bail and was due in City Court on May 31. The case was handled by Batavia Police Officer Cowen Mitchell.

Benjamin D. Chudoba, 23, of Swan Street, Batavia, is charged with criminal possession of a controlled substance. He was arrested around 8:50 p.m. on May 27 as the result of an investigation into a traffic offense that occurred a short time earlier. Chudoba was allegedly found to be in poessession of heroin, and subsequently charged with criminal possession of a controlled substance, 7th. He was processed at Batavia PD headquarters and issued an appearance ticket. Chudoba is scheduled to be in Batavia City Court on June 7. The case has handled by Batavia Police Officer Eric Foels, assisted by Officer Mitchell Cowen.

Benjamin G. Evans IV, 27, of Maple Street, Batavia, is charged with petit larceny. He was arrested at 12:57 a.m. on May 20 following an investigation into a larceny complaint wherein it is alleged he stole a toolbox of items. He was released on an appearance ticket and is to be in City Court on May 31. Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Matthew Lutey.

Makayla E. Stickley, 19, of Gibsonville Road, Leicester, is charged with issuing a bad check. She was arrested on an active warrant out of Batavia City Court for allegedly issuing a bad check on Nov. 23. She did not respond to a summons and a warrant was issued for her arrest. She is to appear in City Court on June 7. The case was handled by Officer Chad Richards, assisted by Officer Arick Perkins.

Winston Ashton Lockhart, 21, of Pringle Avenue, Batavia, was arrested on two active bench warrant out of City of Batavia for failing to pay fines stemming from an incident in November on West Main Street, Batavia. Lockhard was located by Batavia Police Officer James DeFreeze while on an unrelated complaint. He was arrested then released and issued two computer-generated appearance tickets for May 31 in City Court. Officer DeFreeze was assisted by Officer Marc Lawrence.

Joseph W. Freeman, 32, of Platten Road, Lyndonville, was charged with petit larceny on Feb. 12 on West Main Street, Batavia. He had an active bench warrant for failing to appear in court as directed. He was located by police at a residence in the city and put in jail on $500 bail. He was due in City Court on June 1. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Sgt. Dan Coffey.

Tiffany Lynn George, 29, of Council House Road, Alabama, is charged with the unauthorized use of a motor vehicle in the third degree. She was arrested at 4:18 p.m. on June 5 on Council House Road following an incident in the Town of Alabama. George allegedly took and used a motor vehicle without the owner's concent. She is set to appear in Town of Alabama Court on June 30. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Chris Parker.

Kimberly M. Volk, 27, of Maltby Road, Oakfield, was arrested on May 28 on a bench warrant out of Batavia City Court. It was issued after she failed to appear on a March 31 charge of criminal use of drug paraphernalia in the second degree. She was jailed on $1,000 bail and was due back in court on May 31. The case was handled by Batavia Police Officer Christopher Lindsay.

Frankie Jean McQueen, 25, of Snipery Road, Corfu, is charged with failure to appear. On May 27, the Genesee County Sheriff's Office turned over McQueen to Batavia PD and she was arrested on a bench warrant issued out of Batavia City Court. The warrant was issued due to failure to appear in court in November 2014. McQueen was ordered to be in court on June 7 and then turned over to NYSP on a separate warrant out of Warsaw. The case was handled by Batavia Police Officer Arick Perkins.

Law and Order: Wyoming teen charged with third-degree assault in Pavilion

By Billie Owens

Nicholas Tyler Stutes, 18, of Wyoming Road, Wyoming, is charged with third-degree assault. He was arrested at 11 a.m. on June 2 following a complaint and investigation of an assault on Big Tree Road in Pavilion. The case was handled by Sheriff's Deputy Ryan DeLong.

Jenna T. Girolamo, 18, of Sutters Run, Rochester, and a 16-year-old female from Churchville, are charged with making graffiti, a misdemeanor, and trespass, a violation. The two defendants were allegedly found trespassing in Buttermilk Falls, Route 19, Le Roy, at 7:40 p.m. on June 4. They were also found to have allegedly made graffiti in the same area. They were arrested on the charges and issued appearance tickets for July 18 in Town of Le Roy Court. The case was handled by Sheriff's Deputy J.M. Diehl, and Le Roy PD officers E. Blodgett and Dent.

A 17-year-old male from Byron and a 17-year-old male from Bergen are charged with trespass, a violation. The two defendants were allegedly found trespassing in Buttermilk Falls, Route 19, Le Roy, at 7:40 p.m. on June 4. They were arrested on the charge and issued appearance tickets for July 18 in Town of Le Roy Court. They were accompanied by two females (previously cited above). All were removed from the property. The case was handled by Sheriff's Deputy J.M. Diehl, and Le Roy PD officers E. Blodgett and Dent.

Law and Order: Batavia woman allegedly stole items from two different neighbors' yards

By Billie Owens

Jeanna Marie Hattaway, 29, of West Main Street Road, Batavia, is charged with two counts of petit larceny. On May 31, at 8:30 p.m. Hattaway was arrested after allegedly stealing various items from two separate neighbors' yards in the area. She was issued an appearance ticket for Town of Batavia Court at 1 p.m. on July 7. The case was handled by Sheriff's Deputy Michael Lute.

Joseph Alexander Mazuera-Cortes, 27, of Blackburn Lane, Mount Hope, Ontario, Canada, is charged with driving while intoxicated, and operation of a motor vehicle with a BAC of .08 percent or 1 percent or more. At 12:55 a.m. today, the subject was allegedly driving a motor vehicle in an area that was restricted to pedestrians at the Darien Lake Campgrounds, 9993 Alleghany Road, Darien. When questioned by Darien Lake security, he allegedly attempted to flee the area, driving erratically through the campground. He allegedly drove down a restricted lane into a heavilty wooded area before stopping. He was taken into custody by security officers. He was allegedly found to be intoxicated and arrested for DWI. The case was handled by Sheriff's Sgt. John Baiocco.

Dakota David Swimline, 19, of Trumbull Parkway, Batavia, is charged with unlawful possession of marijuana. Following an investigation of a liquor law violation complaint on Farnsworth Avenue in the Village of Oakfield, Swimline was arrested at 1:13 a.m. today after allegedly being found in possession of a small amount of marijuana hash oil in the front pocket of his pants. He was issued an appearance ticket of Town of Oakfield Court and is to appear there June 27. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Andrew Hale.

Sterna Gettel Grunwald, 31, of McNamara Road, Spring Valley, is charged with unlawful possession of marijuana. The defendant was stopped following the observation of vehicle and traffic violations on Route 63 in the Town of Batavia at 11:15 p.m. on May 30. An odor of marijuana was allegedly detected emanating from the vehicle and Grunwald was allegedly found in possession of marijuana. Grunwald was issued an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Eric Meyer.

Local drug task force arrests Florida man on felony drug-related warrants

By Billie Owens

The Genesee County Local Drug Enforcement Task Force, comprised of officers from the Sheriff's Office, Batavia Police NET, and the Le Roy Villege Police Department, along with Genesee County Sheriff's deputies, arrested at Florida man on June 1 who had active warrants our of Oseola County, Fla., and East Aurora.

Charles D. Macey, 35, of Finwick Court, Kissimmee, Fla., had three felony warrants for trafficking methamphetamine, sale of meth and heroin, and sale of a controlled substance. He also had an active warrant in New York (East Aurora) for criminal possession of stolen property, 5th.

He was turned over the the East Aurora Police Department.

Law and Order: Le Roy man jailed after refusing to leave Le Roy establishment, then allegedly causing a ruckus

By Billie Owens

Eric Swede, 27, of Main Street, Le Roy, was arrested by the Le Roy Police Department on May 28 and charged with one count of disorderly conduct, a violation. In the early morning hours of May 28, patrols received a complaint from a local establishment of a patron refusing to leave. Patrols located Swede behind the establishment where he allegedly refused to leave when told to do so and then proceeded to cause a disturbance by being loud and cursing. At that time he was taken into custody for his actions. Swede was arraigned and put in Genesee County Jail in lieu of $250 cash or $3,000 bond. Swede is to return to the Le Roy Town Court on June 16.

Richard Ortiz, 20, of Park Way, Rochester, was arrested by the Le Roy Police Department on May 27 and charged with: one count of criminal possession of a controlled substance, 7th, a Class A misdemeanor; one count of aggravated unlicensed operation, 3rd, a misdemeanor; one count of uninspected motor vehicle, a violation; one count of unlicensed operator, a violation; one count of passing a red signal, a violation; and one count of inadequate muffler, a violation. It is alleged that Ortiz was observed by patrols passing through a red signal. Upon stopping Ortiz he was allegedly found to be in possession of oxycodone without a prescription as well as several other traffic infractions including not having a valid driver's license. Ortiz was issued several tickets and is to appear on June 20 in Le Roy Town Court to answer to the charges. 

Rebecca J. Fili, 38, of Myrtle Street, Le Roy, was arrested on May 29 by the LeRoy Police Department and charged with: one count of criminal possession of a controlled substance, 7th, a Class A misdemeanor; aggravated unlicensed operation of a motor vehicle, 3rd, a Class A misdemeanor; unlicensed operator, a violation; and inadequate exhaust, a violation. Fili was stopped by the LeRoy Police after allegedly operating a motor vehicle on Bacon Street with an inadequate exhaust. After a brief investigation, it was found that Fili had a suspended and expired driver's license. Further investigation revealed that Fili allegedly possessed a quantity of cocaine. Fili was issued an appearance ticket for the charges and will appear in the Le Roy Town Court on June 20.

Model charged with DWI after car slams into Two Eagles Smokeshop

By Howard B. Owens
mug_maria_mosher_may2016.png
       Mariah Mosher

A professional model from Medina has been charged with DWI after reportedly driving her car completely inside of the Two Eagles Smokeshop & Gas Mart on Bloomingdale Road, Basom, yesterday morning.

Mariah L. Mosher, 20, is who represents herself as a professional model.

Mosher also goes by "Mia Mischievious," and promotes herself as an internationally published model and hairstylist.

Troopers responded to the store on the Tonawanda Indian Reservation at 9:30 a.m. after receiving a report of a car driving into the building.

The initial dispatch said the female driver was trapped in the vehicle, but by the time emergency responders arrived, the woman had gotten out and was walking.

Troopers report that Mosher was the driver and that she failed to negotiate a curve. She caused extensive damage to the building and its contents and an employee suffered minor injuries.

Mosher allegedly failed a field sobriety test at the scene and was transported to UMMC for evaluation, where blood was drawn. After treatment, she was released back the custody of State Police and transported to the Batavia Barracks, where she was booked and released.

She was also cited for alleged failure to yield right of way, failure to stop at a stop sign, possession of an open container of alcohol and failure to use designated lane.

She is scheduled to appear in Alabama Town Court on June 20.

Larceny thwarted on Linwood Avenue when landscaping crew returns to work truck

By Billie Owens

Law enforcement is searching for three subjects in a black vehicle after a report of attempted larceny on Linwood Avenue in the city. A crew employed by a landscape company returned to their work truck and found three people attempting to steal items from it. The subjects fled in a black car.

Law and Order: DWI checkpoint on Route 33 results in arrest of Rochester man

By Billie Owens

William S. Webster, 24, of Parsells Avenue, Rochester, is charged with unlawful possession of marijuana, unlawfully dealing with a child, and consumption of alcohol in a motor vehicle. At 12:04 a.m. this morning, Webster was stopped at a DWI checkpoint on Route 33 in the Town of Batavia. He was allegedly found to be in possession of marijuana and consuming alcohol in the vehicle and providing alcohol to a minor. He was issued an appearance ticket for Town of Batavia Court on June 13. The case was handled by Sheriff's Deputy Kevin Forsyth.

Seth Ryan Doster, 24, of Alleghany Road, Darien, is charged with criminal possession of a controlled substance in the seventh degree. At 8:40 p.m. on May 27, the defendent was arrested after he was searched following a traffic stop on Florence Avenue in the City of Batavia. He was allegedly found in possession of a controlled substance. The defendant was released on an appearance ticket for City Court at a later date. City police assisted in the investigation. The case was handled by Sheriff's Deputy Ryan DeLong.

Alexander woman given four months in jail and five years probation in welfare fraud case

By Billie Owens

Information provided by the Genesee County Department of Social Services is included in this story.

Sarah Wilson, 32, of Alexander Road in Alexander, was sentenced in Genesee County Court Thursday afternoon to four months intermittent jail time and five years probation after pleading guilty to a single count of criminal possession of a forged instrument in the second degree, a felony.

In addition to this charge, she was originally facing a second felony, one count of offering a false instrument for filing in the first degree, and one count of petit larceny, a misdemeanor. Those charges were dismissed.

She was arrested last fall after a joint investigation by the Genesee County Department of Social Services and the Genesee County Sheriff’s Department.

Wilson had submitted the forged medical statement to the Department of Social Services in October, which she claimed had been completed by a local doctor. An alert social welfare examiner at DSS reviewed the form and noticed the doctor’s name was spelled incorrectly on the medical form that had been submitted and the examiner submitted the case for investigation.

The investigation that followed revealed the medical statement allegedly had not been completed or signed by the doctor. Wilson was arrested by Sheriff's Investigator Joseph Graff and jailed on $1,000 bail.

Assistant District Attorney Melissa Cianfrini agreed that the recommendation of intermittent jail time and probation -- also called "shock probation" -- was appropriate in this case.

The prosecutor told Acting Genesee County Court Judge Michael F. Pietruszka that this "was not your typical welfare fraud case," because Wilson purposely forged the doctor's note -- to either avoid certain types of assets from being withheld or to get or maintain benefits -- and she told different stories about her involvement to different people and in a letter to the judge declared she did not intend to defraud DSS.

"She continues to minimize her involvement," Cianfrini said.

Wilson's attorney, Public Defender Jerry Ader, disagreed.

"I think my client is not trying to minimize her involvement," Ader said. "She's facing the first felony violation in her life. ... There are supreme consequences at this point."

One of them is the impact the consequences of her crime will have on parenting. She has several children, but only custody of a tot who must use a nebulizer (breathing apparatus). It was indicated that care for that child might be problematic while she's in custody.

Asked by the judge if she had anything to say on her behalf, a sniffling Wilson, who kept wiping tears away with her left hand, said "No." 

She was also ordered to pay restitution, pursue a job and/or employable skills, and to get a mental health evaluation and a substance abuse evaluation.

She is due at the jail at 5 p.m. today and will spend most of Memorial Day weekend in custody -- through 5 p.m. Sunday, for her first go-round at shock probation.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585)344-2580, ext. 6417 or 6416. All calls are confidential.

Law and Order: Dellinger Avenue man accused of burglarizing business and damaging picnic tables, pavilions

By Billie Owens

Christopher Tyler Sprague (pictured left), 22, of Dellinger Avenue, Batavia, is charged with third-degree burglary, second-degree criminal mischief, and petit larceny. On May 25, Sprague was transferred from Genesee County Jail to Batavia City Court where he was arraigned on these charges following an investigation into a burglary which occurred at a business at 3 Treadeasy Ave. in the city between May 7 and May 9. Sprague allegedly broke into the building and stole money while inside. He also allegedly damaged several picnic tables and pavilions behind the building. Following his arraignment before City Court Judge Durin Rogers, he was released, but due to a pending parole violation for which he was being held, he was transported back to jail. He is to be in City Court to answer the charges at 1 p.m. on June 8. The case was handled by Batavia Police Det. Richard Schauf, assisted by Det. Eric Hill.

Chase Michael Putnam, 20, of Circle Drive, Williamson, is charged with driminal possession of a weapon, 4th, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. At 11:57 a.m. on May 26, Putnam was stopped on Route 77 in the Town of Pembroke The defendant was allegedly found in possession of a quantity of suspected cocaine and marijuana, as well as a doubled-edge knife. Putnam was arrested and issued an appearance ticket for June 21 in Town of Pembroke Court. The case was handled by Sheriff's Deputy Patrick Reeves.

David Alan Ornt, 24, of Hall Road, Holley, is charged with unlawful possession of marijuana, speed in excess of 55 mph, and open container of alcohol in a motor vehicle. He was arrested on the charges following a traffic stop at 6:52 p.m. on May 22 on South Holley Road in the Town of Byron. He was issued appearance tickets for June 20 in Town of Byron Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

Chet William Kenyon, 32, of Sandybrook Drive, Hamlin, is charged with criminal possession of marijuana in the fifth degree and open container of alcohol in a a motor vehicle. He was arrested at 6:23 p.m. on May 22 on South Holley Road in Byron following a traffic stop. He was issued appearance tickets for June 20 in Town of Byron Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

Oakfield woman sentenced in federal drug case

By Howard B. Owens

An Oakfield woman, whose husband was a leader in the Hells Angels motorcycle club, and who was convicted for her part in a meth distribution operation, was sentenced in U.S. District Court to three years probation and 12 months of home detention.

Donna Boon McAuley, 50, was among seven defendants in the case, which was also tied into a racketeering investigation stemming from a baseball attack on a patron of a bar in Rochester. 

The investigation revealed Boon, in conjunction with her husband, James Henry McAuley Jr., helped distribute methamphetamine obtained from a Hells Angel member in California from 2002 through July 9, 2010. Boon admitted to obtaining and distributing at least 30 grams of meth. Some of it was sold to a dealer in Genesee County who sold it to Genesee County residents.

James McAuley was convicted for his part in the ring and is scheduled to be sentenced July 12.

This case is part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey, Ca., Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. In addition to Boon and McAuley, Richard W. Mar, Jeffrey A. Tyler, Richard E. Riedman, Gordon Montgomery and Paul Griffin, have been convicted for their roles in the methamphetamine conspiracy.

Taking part in the investigation and prosecution of the case were the FBI, Sheriff's Office, DEA, State Police, Batavia PD and Le Roy PD.

Grand Jury: Man indicted for purposely causing nearly $2K in damage to Chevy on Robbins Road, Le Roy

By Billie Owens

Jeffrey W. Scott is indicted for the crime of criminal mischief in the second degree, a Class D felony. It is alleged that on Feb. 21 at 9280 Robbins Road in the Village of Le Roy, Scott, with intent to damage property of another person and having no right to do so, damaged the property of another person in an amount exceeding $1,000. He is accused of damaging the windshield, front passenger door, console, instrument panel and steering column of a 2004 Chevy Classic Malibu in the amount of about $1,874.48.

Michael J. Elmore is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on Nov. 30 Elmore knowingly entered or remained unlawfully in a dwelling on Summit Street in the City of Batavia with the intent to commit a crime.

John K. Stone is indicted for the crime of driving while intoxicated, as a Class E felony. On Dec. 7 in the Town of Batavia, it is alleged that Stone drove a 2006 Honda Ridgeline on Route 5 and in the Batavia Mobile Home Park while intoxicated. In count two, he is accused of the crime of reckless driving, a misdemeanor, for allegedly operating the vehicle in a manner which unreasonably interfered with the free and proper use of a public highway. In this case, he allegedly drove at a high rate of speed, failed to yield to an emergency vehicle, operated with headlights, and nearly struck several pedestrians in the mobile home park. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, per se, on April 9, 2007, in County of Orleans Court and this conviction is within 10 years of the crimes alleged in the current indictment.

Adrian P. Morris is indicted for the crime of driving while intoxicated, as a Class E felony. On Feb. 5 in the Town of Le Roy, Morris allegedly drove a 2009 Ford on West Main Street while intoxicated. In count two, Morris is accused of driving while intoxicated per se, as a CLass E felony, for having a BAC of .08 percent or greater at the time. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, as a misdemeanor, on Feb. 2, 2010 in the Town of Greece, which is within 10 years of the crimes alleged in the current indictment.

'Career drug dealer' from Rochester sentenced to eight years in prison

By Billie Owens

Tylee Demetrius "Love" Gaines, 37, of Waverly Place, Rochester, was sentenced this afternoon to the maximum possible of eight years in prison after previously accepting a plea deal on a single felony charge of third-degree criminal possession of a controlled substance.

He was arrested in January and charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, two counts of aggravated unlicensed operation, obstructed view and unlicensed operator.

His arrest was the result of a traffic stop on Ross Street in the City of Batavia for having an obstructed view. He was found to be driving on a suspended license, then at BPD headquarters was found in possesssion of marijuana and several small bags of crack cocaine. He was jailed without bail.

As part of a plea agreement with the District Attorney's Office, the other charges were dropped. The range of his potential prison term was pared from two to 12 years, to one and a half to eight years. District Attorney Lawrence Friedman argued for the maximum under the agreed upon cap of eight years, citing the defendant's lengthy criminal history.

"This defendant is a career drug dealer," Friedman said, noting Gaines has served four prison terms already and has been released on parole seven times, violating parole every single time.

His propensity for drug dealing is "persistent," with six convictions for criminal possession of a controlled substance with intent to sell.

The attorney for Gaines, Thomas Burns, told Acting Genesee County Court Judge Michael F. Pietruszka that his client is the father of two 6-year-olds and admits he has a history of "substance abuse issues." "Piggy-backing" on that are crimes of providing drugs for others to buy and having a stash so he could support his own habit.

Burns asked the judge to consider sentencing his client to the "mid to minimum range."

When asked if he had anything to say, the orange-jumpsuited and shackled Gaines, who's a big guy -- about 6'4" and 250 pounds -- said softly: "My drug use and history's been going on a long time since I was young. I apologize to the court."

Burns said his client wanted it noted for the record that "he denies having contact with Officer Richards." According to a Batavia PD report, Batavia Police Officer Chad Richards is one who pulled Gaines over at 4:30 p.m. on Thursday, Jan. 7, on Ross Street in the city for having an obstructed view.

The denial was duly noted.

Judge Pietruszka then said that Gaines is a second felony offender for sentencing purposes and handed down the maximum of eight years in prison, to be followed by three years of post-release supervision.

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