crime

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.

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.

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.

An 84-year-old woman who lives on West Main Street in Batavia is charged with third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance.

Laura M. Viehdeffer, pictured right, was arrested on the charges Wednesday, May 25, and arraigned in Genesee County Court, then released on her own recognizance. She is due back in court at 9:30 a.m. on June 2.

The charges stem from an incident at 12:51 p.m. on June 28 at 334 W. Main St., Apt. #4, Batavia, according to the Sheriff's Office report.

The case was investigated by Genesee County Sheriff's Deputy Joseph Loftus, assisted by Deputy Emily McNamara.

Press release:

The Le Roy Police Department wishes to advise all citizens of a recent scam phone call being received by person(s) in the Le Roy/Genesee County area.

The caller states he is from the IRS and that a lawsuit is being filed against the victim for unpaid taxes. Further the scam caller then demands money and the Social Security number of the victim.

The Le Roy Police suggest that if you receive, or have already received, such a call please do not supply the scam caller with any information. Simply hang up. Furthermore, do not give or send the scam caller any money.

If you have questions about such a call, or have received one, please contact police.

Angelo A. Cassidy, 39, of East Main Street, Le Roy, is charged with second-degree criminal mischief and third-degree grand larceny. He was arraigned on the charges at 11:10 a.m. on May 18 and released under supervision of Genesee Justice. It is alleged that at noon on Oct. 20, Cassidy removed a home-heating system, appliances and building supplies from a residence on Washington Avenue in the City of Batavia without permission. He is to appear in City Court at 9:30 a.m. on June 16. The case was handled by Batavia Police Officer Jason Davis.

Kiha Samuel McNear, 18, of Walnut Street, Batavia, is charged with harassment and endangering the welfare of a child. McNear was arrested at 1:50 a.m. on May 22 on Walnut Street in Batavia after allegedly striking an individual multiple times in the face with a closed fist. The alleged victim was under the age of 17. McNear was jailed on $1,000 bail and was to return to City Court on Monday (May 23). The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Twan Conway, 45, of Walden Creek Road, Batavia, is charged with second-degree harassment. Conway was arrested following a 9-1-1 call hang-up investigation. The call was made at 12:30 p.m. on May 17. Conway was arraigned at 10:30 a.m. on May 22 and jailed on $500 bail. Conway was scheduled for City Court on May 23. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Kevin DeFelice. Then on May 23, at 7:40 p.m., Conway was arrested again following an incident wherein he allegedly pushed another person while an active order of protection was in place. He was jailed without bail and is be in City Court tomorrow, May 27. This case was handled by Batavia Police Officer Stephen Cronmiller.

Michael Patrick Sullivan, 53, of Main Road, Stafford, is charged with second-degree criminal contempt and second-degree harassment. At 7:54 p.m. on May 24, Sullivan was arrested after allegedly violating a court order by subjecting two people to physical contact by throwing a glass item at them. He was jailed on $1,000 bail and is to be in Town of Stafford Court on June 9. The case was handled by Sheriff's Deputy James Diehl, assisted by Sgt. Eric Seppala.

Sara Jo Likus, 30, of Townline Road, Darien, is charged with: driving while ability impaired by drugs or both alcohol and drugs; driving on the sidewalk; and moving from lane unsafely. At 9:28 p.m. on May 18, it is alleged that Likus drove a vehicle while her ability to do so was impaired, and that while driving she changed lanes unsafely and drove over the curb onto the sidewalk, striking a utility pole. She was issued several tickets and released to a third party. She is to be in City Court on June 8. The case was handled by Batavia Police Officer Jamie Givens.

Charles-Gus Williams, 37, of Robinson Road, Lockport, is charged with second-degree criminal contempt. At 1:49 p.m. on May 20, it is alleged that Williams violated a complete stay away order of protection at a residence on Maple Street in the City of Batavia. He was jailed on $2,500 bail and was due in City Court on May 23. The case was handled by Batavia Police Officer Christopher Lindsay.

Jeffrey D. Matla, 56, of Alexander Road, Batavia, is charged with: DWI -- common law; speeding; failure to signal a lane change; and DWI with a BAC greater than .08 percent. Matla was arrested at 5:18 p.m. on May 22 on West Main Street in Batavia following a traffic stop. He was stopped for traffic violations and allegedly found to be operating his motorcycle in an intoxicated condition. He was released and is to be in City Court on June 8. The case was handled by Patavia Police Officer Cowen Mitchell.

Joshua Yeomas, 31, of Lewis Place, Batavia, is charged with third-degree unlicensed operation and failure to use headlights while operating with windshield wipers. Yeomas was located during an unrelated NYS Parole investigation, assisted by Batavia PD, and taken into custody on an arrest warrant stemming from an incident on April 13 on West Main Street, Batavia. He was released and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Bert Clifford Earl, 55, of Grandview Terrace, Batavia, is charged with harassment. He was arrested at 11:50 p.m. on May 20 following a disturbance at Batavia Downs wherein he allegedly subjected another person to unwanted physical contact. He was issued an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Lori A. Brightenfield, 56, of Maple Street, Batavia, is charged with petit larceny. She was arrested for writing a check to a business on May 18 to buy alcohol when she allegedly knew she did not have the funds to pay for it. She was issued an appearance ticket for City Court and is to be there on June 7. The case was handled by Batavia Police Officer Jamie Givens.

Carol M. Pahuta, 47, of Byron Holley Road, Byron, is charged with petit larceny. Pahuta was arrested following a larceny investigation on West Main Street in Batavia. She was issued an appearance ticket and released. She is to be in City Court to answer the charge on May 31. The case was handled by Bataiva Police Officer Kevin DeFelice.

Daniel Colin Healy, 25, of North Street, Batavia, is charged with aggravated unlicensed operation in the third degree. He was taken into custody at 1:48 p.m. on May 23 by Gates PD on an active bench warrant out of City Court for failing to appear on the charge, stemming from an incident June 27 on Vine Street in the City of Batavia. He was jailed on $250 bail and was to be in City Court Wednesday (May 25). Batavia Police Officer James DeFreze handled the case.

Mark J. Zinni, 21, of Evergreen Drive, Batavia, is charged with driving without lights and unlawful possession of marijuana. Zinni was arrested following a traffic stop on Pearl Street at 11:39 p.m. on May 21 in the City of Batavia. It is alleged that Zinni was driving without lights and that he was in possession of several small bags containing marijuana. He was released on appearance tickets and is to be in City Court on June 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Matthew Lutey.

Katelyn C. Kubala, 27, of Genesee Street, Batavia, is charged with unlawful possession of marijuana. She was arrested on a warrant for NYS Parole. At the time she was taken into custody, at 10:59 a.m. on May 20, she allegedly had a quantity of marijuana in her purse. She was turned over the NYS PArole Officer April Fuller at BPD and is to appear in City Court on May 31. The case was handled by Batavia Police Officer Jason Davis.

Michael W. Funke, 21, of Vine Street, Batavia, is charged with unlawful possession of marijuana. Funke was arrested following a traffic stop on Pearl Street at 11:52 p.m. on May 21 in the City of Batavia. He was a passenger in the vehicle and allegedly in possession of marijuana. He was released on an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Matthew Lutey.

Julie L. Dutton, 21, of Central Avenue, Batavia, was arrested on May 23 on a bench warrant out of City Court. It is alleged that she violated the terms of her release under supervision. She was jailed on $5,000 bail and is due in City Court today. The case was handled by Batavia PoliceOfficer Christopher Lindsay.

Andrew C. Webster, 23, of Martin Road, Akron, is charged with failure to appear. At 4:05 p.m. on May 20, Batavia police took custody of Webster from NYS police on a City Court arrest warrant for failure to appear. Webster paid an undisclosed amount of bail and was released. He was to be in City Court on May 24. The case was handled by Batavia Police Officer Arick Perkins.

Brian J. Dorman, 32, of Bank Street, Batavia, is charged with owning an unlicensed dog in the City of Batavia. He was issued an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Christopher Lindsay.

Statements attributed to Kyle Johnson after he was taken into custody the morning of Dec. 1, after he allegedly shot and killed a neighbor and set his own home ablaze, will be admissible in court, Acting Judge Michael F. Pietruszka ruled today.

The defense challenged whether the prosecution could use the statements at a possible trial and Pietruszka issued his ruling immediately after a hearing that featured testimony by Deputy Andrew Hale.

Hale completed a report Dec. 1 in which he says Johnson made a handful of statements when he was taken into custody, in the patrol car ride to the Sheriff's Office on Park Road and as they arrived in the interview room at the office.

Hale testified that he was on routine patrol duty when he was called to a house fire at 7324 Selden Road, Le Roy. He was in uniform in a marked patrol car.  He was aware of a shooting reported minutes before at a residence a short distance from the fire location.

He said he was also informed by dispatch that the residence was owned by Kyle Johnson, that Johnson had a mental health history and was known to own firearms.

He arrived on scene just as shots rang out, apparently directed at a Le Roy fire chief and at a Le Roy police officer.

As he ran down the road to check the status of Officer Ryan Young, now a Sheriff's deputy, and as he did, he encountered local residents standing outside their home. They asked what was going on and Hale told them to get inside, lock their doors and windows and stay there until told it was safe to come outside.

As he moved toward Young's position, Hale encountered Johnson, he said.

"Mr. Johnson stated to me that he wanted to be shot," Hale said. "After he realized I was not going to shoot him, he turned around and walked back toward his house."

Over the next couple of hours, Johnson would periodically approach Hale and ask him to shoot him.

When emergency response teams arrived, this back-and-forth continued for a couple of more hours until Johnson finally surrendered.

Hale was summoned to search and cuff the suspect. When he was putting Johnson in his patrol vehicle, Johnson reportedly complained that the cuffs were too tight.

When Hale sat in the driver's seat, Johnson reportedly said, he "didn't appreciate being treated like an animal."

Hale said, "I told him I appreciate being shot at and having my friends shot at."

Johnson, Hale said, apologized.

On the ride back to the Sheriff's Office, Johnson reportedly said, "I didn't mean to hurt anybody."

Hale said he responded, "You did. It's traumatic for us as officers. You shouldn't have done that."

At the station, Hale offered Johnson a glass of water and asked if he needed anything.

Johnson's response, according to District Attorney Lawrence Friedman, was that he felt bad for burning his house down and that he shouldn't have done that and he wanted to apologize.

In cross-examination, Public Defender Jerry Ader established that Hale did not read Johnson his Miranda warnings (you have the right not to speak, right to an attorney, etc.), that Hale did this though he knew Johnson had a mental health history, and that Hale asked a couple of questions of Johnson.

Those facts were the basis for Ader's motion to bar the statements from any possible trial.

Friedman countered that Johnson was not in custody at that point for the purpose of interrogation, and any questions asked by Hale were not an interrogation, such as asking if Johnson wanted water, that the statements were made voluntarily and should be admissible.

Johnson is charged with murder and burglary in the death of Norman D. "Don" Ball. He is accused of attempted murder for allegedly shooting at Young and Le Roy Fire Chief Tim Hogle.

Ader has received a report based on a psychological exam of Johnson and is apparently planning a defense around the results of that report, and while the report has been given to Friedman, a copy was not given to the court. Ader said he wasn't aware of any requirement that he provide the court with a copy. Pietruszka was clearly miffed that he didn't have a copy of the report, especially since there will need to be a hearing on the topic after the DA's Office completes its own exam and gets its own report.

That hearing will be at 1:30 p.m., July 21.

Lisa Marie Muratore, 32, of Lake Avenue, Rochester, is charged with confinement of a companion animal in a vehicle in extreme temperature. She was charged for allegedly leaving her dog in a vehicle for 45 minutes while the outside temperature was 79 degrees. This was at 5:13 p.m. on Monday, May 23, at Batavia Downs Gaming, 8315 Park Road, Batavia. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Her attorney, Brian Degnan, brought a freshly minted certificate of completion for a 28-day stint in an inpatient recovery facility for substance abusers, which was ordered by the court last month after Corona's second violation -- both for using alcohol.

On April 13, she admitted to Acting Judge Michael F. Pietruszka that she laced her coffee with the almond-flavored Italian liqueur Amaretto. With the admission, Pietruszka allowed her to continue serving probation without any additional penalty.

But a week later, she tested postive for alcohol again and was sent to jail for the weekend (mug shot at right). On April 25, she was back in court wearing a bright orange jailhouse jumpsuit. Degnan said a bed in a recovery facility was available immediately and the judge released her to their custody for a month after signing a court order for the medical care.

Despite the certificate for completing rehab as required, it was determined that she had violated the terms of her release under supervision, as set forth last year when she admitted selling $60 worth of suboxone to an undercover drug task force agent. (She pled guilty to attempted fifth-degree criminal sale of a controlled substance, a felony. By doing so, she avoided serving up to one and a half years in prison and got one year of post-release supervision and probation instead...until now...)

She is to be sentenced in Genesee County Court at 1:30 p.m. on Thursday, July 14. 

Julia K. Hahn, 18, of Lyman Road, Bergen, is charged with public lewdness. She was arrested at 3:54 p.m. on May 19 after she was allegedly found by police to be engaged in sexual activity with another individual in DeWitt Recreation Area on Cedar Street in the City of Batavia. She was issued an appearance ticket for 1 p.m. on May 31 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Robert V. Wasinger, 18, of Delevan Elton Road, Delevan, is charged with public lewdness. He was arrested at 3:54 p.m. on May 19 after he was allegedly found by police to be engaged in sexual activity with another individual in DeWitt Recreation Area on Cedar Street in the City of Batavia. He was issued an appearance ticket for 1 p.m. on May 31 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Britanny B. Cina, 27, of Ross Street, Batavia, is charged with DWI -- common law, and DWI per se. At 1:56 a.m. on May 21, Batavia police responded to the 7-Eleven store on East Main Street for the report of multiple subjects fighting in the parking lot. Upon further investigation, Cina was arrested after it was learned that she allegedly drove a motor vehicle to the convenience store in an intoxicated condition. She was arrested and processed at BPD headquarters where a chemical test was administered, and allegedly it found her BAC to be over the legal limit. She was issued traffic tickets and her City Court date is set for June 1. The case was handled by Batavia Police Officer Arick Perkins, assisted by Police Chief Shawn Heubusch.

Alexander J. Jasinski, 22, of Godfreys Pond, Bergen, is charged with: driving with a BAC of more than .18 percent; DWI; third-degree aggravated unlicensed operation; failure to stop at a stop sign; and moving from lane unsafely. At 9:52 p.m. on May 21, Jasinski was allegedly involved in an accident at the intersection of West Avenue and Weatherwax Road in the Town of Elba. He was westbound on West Avenue when he allegedly failed to stop at the stop sign and his pickup truck went through the intersection and struck a 15-by-15 foot building, a fence and a parked car before coming to rest. The case was handled by Sheriff's Sgt. Ronald Meides, assisted by Deputy Eric Meyer.

Byron Gilbert Keller, 21, of Sumner Road, Darien, is charged with: driving with a BAC of more than .08 percent; driving while intoxicated; unlawful possession of marijuana; and failure to keep right. At 4:59 p.m. on May 21, following a report of a motor-vehicle accident at 9864 Alexander Road in the Town of Alexander, Keller was arrested and charged as noted above. Keller is to appear in Town of Alexander on June 14.

Nikki L. Stonebraker, 27, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. Stonebraker was arrested following an investigation into an alleged distrubance on Liberty Street at 9:21 a.m. on May 19. The defendant was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Jason Davis, assisted byn Officer Kevin DeFelice. At the same incident, she was also charged with endangering the welfare of a child following a physical domestic incident with her former boyfriend which was allegedly witnessed by her children. For that case, she was released under supervision of Genesee Justice and is to be in City Court to answer the charge at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer DeFelice.

Christopher T. Sprague, 22, of 36 Dellinger Ave., Batavia, is charged with second-degree criminal use of drug paraphernalia. He was arrested at 5:55 p.m. on May 12 after NYS Parole checked his residence and allegedly found drug packaging material inside. He was issued an appearance ticket for City Court on June 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Selina Sarai Tapia, 20, of State Street, Holley, is charged with unlawful possession of marijuana. She was arrested following a traffic stop at 4:20 p.m. on May 16 on Alleghany Road in Alabama during which time was allegedly found to be in possession of marijuana. She was issued an appearance ticket for Town of Alabama Court on June 21. The case was handled by Sheriff's Deputy Michael Lute.

Somebody vandalized and stole items from a growing community memorial at 8157 State Street Road, Batavia, the site of Friday's fire that claimed the lives of 2-year-old twins Michael J. Gard and Micah G. Gard.

The Sheriff's Office is investigating the crime and are asking for the public's assistance in identifying the perpetrator.

Stolen were a decorative fire extinguisher, a teddy bear and a white cross, approximately two feet high.

The cross and teddy bear were placed there Saturday by Richard Frazier, who said the cross had been a temporary marker on his grandmother's grave and the teddy bear had belonged to his grandmother.

Other memorial items were located strewn along the shoulder of State Street Road, indicating the person or persons responsible for the theft departed on foot south, toward the City of Batavia.

There was a memorial service at the site last night and the theft was discovered this morning.

Anyone with information should contact the Sheriff's Office at (585) 343-5000.

UPDATE 2:45 p.m.: The Sheriff's Office released the following statement:

The family reports that the cross and teddy bear have been returned to the memorial. They were taken by another family member to add some additional decoration and were not, in fact, stolen. The affected family is satisfied with these circumstances and consider the matter resolved, and is grateful for the assistance of the public in this matter.

Previously:

• Working house fire reported on State Street Road
• Two small children die in house fire on State Street Road, Batavia
• Investigation continues into the death of two little boys in house fire
• Children in State Street Road fire died of smoke inhalation, believed home alone at time

The man and woman accused of attempted robbery at the Smoke Rings Smokeshop early Friday morning were arrested today in Johnstown based on a tipster who saw a picture of the male suspect online.

They were arraigned in Alabama Town Court this evening, each on one count of attempted robbery in the second degree, and both were ordered held without bail pending court appearances at 2 p.m., Thursday, June 2.

Charged were Jeremy J. Reynolds, 34, of Johnstown, and Mitsydawn Souza, 26, of St. Johnsville.

Sitting in court awaiting their arraignment before Justice John Tauscher, Reynolds and Souza discussed the case and Souza made several statements about her own personal situation.

They spoke openly, even after Tauscher advised them that everything they said in the courtroom was being digitally recorded by an audio recorder and a video recorder and that their statements could be used as evidence against them.

Souza cried during the entire conversation and made declarations to a deputy about how she couldn't read the court documents, that she had learning disabilities and mental and physical health problems. Reynolds read portions of the documents to her.

She cried several times that she had never been arrested before, that she had never been in any kind of trouble.

"I've never even stolen a candy bar before," she said. "Now I'm in so much trouble."

When Reynolds read the part of the charge that said they demanded nothing, she said, "I didn't demand anything," and he said, "I didn't demand anything either."

She said, "you told me you just wanted to scare a friend," and he said he didn't tell her that, but that he intended to get shot.

When he was arraigned, he interrupted Tauscher several times, trying Tauscher's patience. Once he said he needed a court-appointed attorney, Tauscher said the arraignment was over, and Reynolds said he wanted to proceed with the arraignment. Tauscher said once he asked for an attorney, the arraignment was over.

Reynolds wanted to know if he could get bail, but Tauscher said that because Reynolds allegedly has two prior felony convictions, he couldn't grant bail in any amount even if the D.A. wasn't requesting Reynolds be held without bail.

Reynolds walked into court carrying his crutches and with his left leg in a cast. He was apparently injured in the scuffle at the smoke shop.

Both Reynolds and Souza were provided with witness statements of the two smoke shop employees who were working when they reportedly entered the store.

As Reynold's read the statement, he told Souza that one statement didn't say the same thing as a statement he claimed to have read earlier. He said he had seen another statement and the person making the statement, "said I had blond hair and blue eyes."

He asked Tauscher if he could get a copy of that statement and Tauscher told him that was an issue to take up with his attorney.

The two store employees, one a Batavia resident and the other an Alabama resident, provided deputies with mostly similar statements about the events that started at 2:42 a.m., Friday.

Two people, both wearing camouflage entered the store, with the man carrying a rifle that may have looked like an M-16, and the woman carrying a pistol. They pointed the guns at one clerk (the other was in a back room) and yelled, "freeze mother (bleep)" (the same term of endearment Reynolds directed at a photographer this evening outside the courthouse).

The couple pushed the first clerk into a back room and tied his hands with zip ties. Then the second clerk came up behind the male suspect and grabbed him and a fight ensued. The red wig he was wearing fell off and the gun he was carrying dropped to the ground, at which point both clerks realized the gun was a fake.

The woman ran from the store, and the clerk with his hands tied, tried to chase her, and during the chase managed to free himself.

The woman got away and he returned to find the male suspect hitting the other clerk in the head with the butt end of the fake M-16. He put the suspect in a choke hold, then when he was indicating he couldn't breathe, the other clerk told him to let him go.

They wrestled him into a chair.

He jumped up and ran into a window. One account says the window broke, the other says he bounced off it. After getting him back in the chair, the suspect again bolted for the window. This time, he made it partially out the window and the two men held him dangling by his legs. The suspect, they said, produced a knife and tried to cut them, so they let him go.

One of the clerks tried to chase the suspect, but he ran into the woods and got away.

When Reynolds and Sousa were discussing the statements, Sousa said investigators had shown her a video of the alleged attempted robbery, but Reynolds said he hadn't seen the video.

"It shows that I did it," she said.

Madalyn Ryan Muntz, 30, of Central Avenue, Batavia, is charged with making a punishable false written statement. The defendant was charged following an investigation in the Town of Stafford at 9:47 a.m. on May 10 wherein she allegedly provided the GC Sheriff's Office with a false statement regarding a larceny she claimed had occurred. She was issued an appearance ticket returnable to Stafford Town Court on June 9. The investigation was conducted by Sheriff's Deputy Christopher Parker, Deputy Chad Cummings, and Investigator Bradley Mazur.

Terry Michael Roth, 41, of Bank Street, Batavia, is charged with petit larceny. Roth was arrested at 7:26 p.m. on May 18 following a report of shoplifting in progress at a store on Veterans Memorial Drive. Roth was issued an appearance ticket for Town of Batavia Court on May 23. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by a NYS Trooper.

A 17-year-old from Oakfield was arrested following an investigation into a larceny at Walmart which occurred at 7:42 p.m. on May 7. The youth was issued an appearance ticket for Town of Batavia Court on May 23. The case was handled by Sheriff's Deputy Ryan DeLong.

Local law enforcement is looking for two people who entered the Smoke Rings Smokeshop on Shanks Road, Tonawanda Indian Reservation, shortly after 2:30 a.m. and attempted to rob it.

Employees fought back, and although the suspects managed to escape, leaving one employee with cuts on his head caused by the butt of the suspect's rifle, the melee helped produce some evidence investigators hope will lead to an arrest.

Including the face of a suspect exposed for the closed-circuit cameras in the store.

The suspects are described as a white female and white male. Both came in wearing camouflage-colored clothing, face masks and carrying guns, according to Sheriff's Investigator Kris Kautz.  

In the struggle, the white male also lost the red wig he was wearing. Kautz recovered both the mask and wig during his investigation at the scene.

An employee who was injured was transported to an area hospital and required stitches, but the injuries were not life threatening.

When the would-be robbers entered, they grabbed one employee and took him to a back room and tried to restrain him with plastic ties. He managed to escape. The perpetrators did not realize another employee was in the store, apparently. A struggle then ensued. The female suspect fled immediately, but the male fought and was subdued. He was restrained in a back room while awaiting the arrival of law enforcement but managed to escape through a back window.

It's believed he managed to go to a get-away vehicle, possibly a white or light-colored or small SUV, such as an Equinox or Trail Blazer. 

The would-be robbers left empty-handed.

Three residents of a Log City Road home in Elba have been arrested by State Police following an investigation into a series of alleged sex crimes.

Three members of one family from Elba were arrested following a State Police investigation into allegations of sexual abuse and rape.

A father, mother and adult son were all charged.

The probe in the alleged crimes by Troop A's Bureau of Criminal Investigation began after State Police received a complaint in March.

Scott A. Reed, 50, of Log City Road, is accused of sexual abuse against a minor over a 10-year span. He is charged with course of sexual conduct, 2nd.

His wife, Deborah S. Reed, 51, of Log City Road, is charged with endangering the welfare of a child. She is accused of failure to provide adequate protection to other children in the home after learning of past abuse by Scott Reed.

Their son, Jonathan M. Reed, 22, is charged with several counts of second-degree rape, second-degree criminal sexual act and endangering the welfare of a child in the Town of Perry, and with second-degree rape, third-degree rape and third-degree criminal sexual act in the Town of Lancaster.

Jonathan is accused of sexual contact with two teenage girls.

Austin Shipley, 17, of East Main Road, Le Roy, is charged with second-degree attempted sexual abuse and endangering the welfare of a child. The subject was arrested on May 17 following an investigation into allegations that the subject had inappropriate physical contact with a 12-year-old at 5 p.m. on April 11 on East Main Road, Le Roy. In a separate case, Shipley is also charged with first-degree sexual abuse and endangering the welfare of a child following an investigation into allegations that the subject had inappropriate physical contact with a 10-year-old at 5 p.m. on April 19 on East Main Road, Le Roy. After arraignment in Le Roy Town Court, Shipley was released under supervision of Genesee Justice. Both cases were handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Rachel Diehl.

Theresa K. Beardsley, 52, of Walnut Street, Batavia, is charged with second-degree harassment. She was arrested after allegedly striking a male at an apartment on Walnut Street at 6:53 p.m. on May 10. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Camp.

Ashlee S. Thomas, 19, of Liberty Street, was arrested at 7:30 p.m. on May 8 after police responded to a report of a large disturbance in the area of 121 Liberty St. in the city. She is charged with second-degree obstructing government administration and second-degree harassment. It is alleged that she interfered with Batavia police officers who were attempting to arrest another subject. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Geoffrey M. Anderson, 50, of East Main Street, Batavia, is charged with second-degree harassment. He was arrested following a complaint that he approached a USPS mailman at 12:30 p.m. on May 16 and repeatedly threatened him. He is to appear in City Court on May 24. The case was handled by Batavia Police Officer Jason Ivison.

John M. Galit, 29, of Kyser Lake Road, Dolgeville, is charged with common law DWI, unlicensed driver, and DWI. On May 16, city police were notified that an accident occurred in the parking lot of Applebee's by a NYSP investigator who was following the vehicle at the time. Batavia PD stopped the vehicle at 6:25 p.m. on Oak Street. Galit was allegedly found to be operating the 2015 Ford F-250 while intoxicated and he was arrested. He was released on appearance tickets and is to be in City Court on June 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jamie Givens.

Roy D. Hooten, 55, of South Main Street, Batavia, is charged with third-degree criminal mischief. He was arrested at 11:56 p.m. on May 15 as the result of a complaint from the staff at UMMC in which it is alleged that he damaged hospital property during an incident at 9:58 p.m. on May 15. He was jailed without bail and was due in City Court Monday. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

William B. Gorton, 21, of 8410 E. Main Road, Le Roy, was arrested and charged with one count of third-degree criminal mischief, an E felony. It is alleged that on or about May 17, Gorton damaged an electric door lock at an address on Lake Street in Le Roy when he intentionally struck the door numerous times. The cost to repair the locking mechanism is in excess of $250. Gorton was arraigned in the Le Roy Town Court, released on his own recognizance and is to reappear in town court at a later date.

David M. Pero, 64, of Trumbull Parkway, Batavia, is charged with open burning. At 2 p.m. on May 8, police and city firefighters responded to the area of 667 Ellicott St. for the reported unknown-type fire. Upon arrival, an open burn was located. A subsequent investigation was conducted and Pero was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by police Sgt. Dan Coffey.

Sara A. Howard, 21, of West Bergen Road, Le Roy, is charged with possession of a hypodermic instrument and second-degree criminal impersonation. At a traffic stop at 10:20 a.m. on Oak Street in the City of Batavia, Howard allegedly attempted to provide a false name to an officer. She was also allegedly found in possession of a hypodermic needle. She was arrested, arraigned and released under supervision of Genesee Justice and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Devin P. Hofert, 20, of Hutchins Street, Batavia, is charged with trespass. Hofert was arrested for trespass at 11:58 a.m., May 17, on East Main Street, Batavia, after allegedly being on a premise that he was previously advised to avoid. He is to be in City Court on May 24 to answer the charge. The case was handled by Batavia Police Officer Jason Davis.

Andrew C. Webster, 23, of Gillette Road, Alexander, is charged with trespass. At 7:35 a.m. on May 13, Webster was located in a tent behind 269 State St. and was arrested for trespass and was to appear in City Court on Tuesday. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Lena M. Evans, 28, no permanent address, is charged with trespass. She was arrested at 7:35 a.m. on May 13 following an investigation of a tent that was found on private property on State Street in the city without the landowner's consent. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Sandra L. Longhini, 55, of South Spruce Street, Batavia, is charged with unlicensed dog and dog running at large. On May 12 at 6:30 p.m., Longhini's dog was allegedly found running loose in backyards and on the street and it allegedly is not licensed with the City of Batavia. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Matthew P. Parker, 26, East Center Street, Medina, was arrested on May 12 on an active warrant out of Batavia City Court for allegedly failing to pay a fine issued by that court for excessive noise on May 24, 2015, on Summit Street. Parker was due in court today. The case was handled by Batavia Police Officer Chad Richards.

John Thomas Kingsley, 39, of Royce Road, Varysburg, was arrested on an active bench warrant out of Batavia City Court for allegedly failing to pay a fine for a traffic citation issued on Bank Street in July of 2014. At the time of his arrest, Kingsley was a passenger in a vehicle that was stopped by Troopers in Rochester. He was subsequently picked up by Batavia PD. He posted bail and is to be in City Court on May 31 to resolve the matter. The case was handled by Batavia Police Officer Chad Richards.

Vernon Ronald Hill, 18, of Chiefswood Road, Ohsweken, Ontario, Canada, is charged with second-degree criminal trespass. At 5:30 a.m. on Monday, May 16, Hill was allegedly found naked in a residence on Griswold Road in Stafford by the homeowner. He was arraigned in Town of Le Roy Court and jailed in lieu of $1,000 cash bail. He was due in Stafford Town Court this morning. The case was handled by Sheriff's Deputy Ryan Young.

Susan A. Colton, 58, of Vernal Road, Attica, was arrested by the Le Roy Police Department on May 13 and charged with: driving while ability impaired by drugs, a Class A misdemeanor, and driving the wrong way (on a one-way street), a violation.

Colton was arrested following an investigation of an erratic operator traveling northbound on Warsaw Road. The vehicle which Colton allegedly operated was located a short time later at the Five Star Bank at 124 W. Main St. After a brief investigation Colton was allegedly found to be impaired by drugs.

Colton was issued traffic tickets for the charges with a return date of June 20 at the Le Roy Town Court. Genesee County Sheriff's deputies assisted with the arrest and a driver evaluation.

Press release:

The Batavia Police Department is investigating an assault that occurred near the railroad tracks at the old Jackson Street Bridge at 9:04 p.m. on Thursday, May 12.

The victim was attacked by multiple individuals who may have been known to the victim. The victim was treated and released from UMMC. Above are photos of persons of interest.

Anyone with information pertinent to the investigation can contact Det. Mart at (585) 345-6372. There will be no further detail released at this time due to the ongoing investigation.