crime

Shawn Thomas Rushok, 17, of Church Road, Le Roy, is charged with first degree criminal sexual act. He was arrested on April 26 for allegedly engaging in oral sexual conduct in the afternoon of July 20 with a person less than 11 years old. He was arraigned by Town of Le Roy Justice Welsh and released under supervision of Genesee Justice. The case was investigated by Sheriff's Deputy Timothy Wescott, assisted by Deputy John Dehm.

Brian K. Dyer, 49, of North Street, Batavia, is charged with third-degree assault, third-degree menacing, and criminal obstruction of breathing. He was arrested at 12:14 a.m. on April 23 as the result of an investigation into a domestic incident that occurred at a North Street residence a short time earlier. He was put in jail on $2,500 bail and was to be in court on April 25. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Ryan James Wetsell, 22, of Walden Creek Drive, Batavia, is charged with criminal obstruction of breathing and second-degree harassment. He was arrested at 5:30 p.m. on April 21 following an altercation with another male in the area of 335 Bank St., Northside Meadows Apartments in Batavia. It is alleged that Wetsell went after another male at that location, striking him several times and then attempting to choke him. He was issued an appearance ticket for City Court on May 3. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Marc Lawrence.

Timothy Jerome Stump, 44, of Montclair Avenue, is charged with: obstructed view; broken windshield; aggravated unlicensed operation in the first degree -- having a prior driving while intoxicated conviction; felony common law DWI; and felony DWI with a BAC of .08 percent or more. Stump was arrested at 5:51 p.m. on April 22 following a traffic stop on Porter Avenue. He was allegedly found to be operating a motor vehicle while intoxicated and doing so on a suspended NY driver's license. He was to appear in City Court April 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Rebecca N. Bethune, 27, of Pringle Avenue, Batavia, is charged with trespass and illegal disposal of items. The charges stem from a complaint in which Bethune was alleged to have disposed of a mattress at 679 E. Main St., the Batavia Gardens Apartments, leaving the item against a dumpster at that location at 3 p.m. on April 21. She is not a resident of the complex. She was issued an appearance ticket for City Court on May 3. The case was handled by Batavia Police Officer Chad Richards.

Patrick A. Dudley, 18, of West Main Street, Batavia, is charged with criminal possession of marijuana, 5th. Batavia police conducted a traffic stop at about 12:30 a.m. on April 24 and Dudley was a passenger in the vehicle. During the course of the traffic stop, police allegedly disovered 28 grams of marijuana on Dudley's person. He was subsequently arrested and released with an appearance ticket for May 10 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

    Darlene M. Callan

A 54-year-old South Main Street woman has been charged with arson in the third degree for allegedly setting a fire in a bedroom of her home around 5 p.m., Monday.

The bedroom had fire and smoke damage but city firefighters were able to put the blaze out before it spread.

Interim Fire Chief Dan Herberger said that the actual cause of the fire cannot be released yet because it's still under investigation. 

City fire was dispatched after a woman ran to a neighbor's house and said her bedroom was on fire.

After an investigation, it was determined the only person at home at 189 S. Main St. was Darlene M. Callan and police say evidence indicates she started the fire.

Several subjects at the scene were interviewed, police say.

Callan was held on $25,000 cash bail or $50,000 bond.

The investigation was conducted by Officer Jamie Givens, Sgt. Dan Coffey, Det. Kevin Czora and Capt. Craig Williams.

 Jacquetta Simmons

More than a year after a warrant was first issued for her arrest, Jacquetta Bernadine Simmons, who first made international news after punching a Walmart cashier on Christmas Eve in 2011, is back in custody.

Simmons was picked up by Rochester PD last night and turned over to Batavia PD on a warrant for an alleged incident at a church meeting in Batavia in October, 2014.

The warrant was issued Oct. 20, 2014, but information wasn't released until January. 

Simmons, 30, allegedly made some sort of physical contact with a 54-year-old woman.

She is charged with second-degree harassment.

The meeting reportedly involved church members at a business meeting being held at the YWCA, 301 North St., Batavia.

Simmons was convicted in August 2012 of assaulting a 70-year-old cashier at Walmart and later sentenced to five years in prison, but that sentence was later overturned on appeals and she was given a year in jail. She was also ordered to pay restitution, which became the subject of several court appearances as she appealed the amount and sought modifications to the payment plan.

Simmons, held on $300 bail, is scheduled to appear in City Court at 1 p.m. today to answer to the harassment charge.

Press release:

The Wyoming County Sheriff’s Office Commander of the Drug Task Force, Captain Ed Till, announces that Members of the Wyoming County Drug Task Force have arrested two Genesee County individuals on drug charges over the last several days as a continuation of Operation Spring Sweep. (Six others were arrested in Wyoming County.) Several additional investigations are continuing. 

JOHNNEY SHANNON, age 57, of Creek Road, Batavia, was charged with two counts of criminal sale of a controlled substance in the third degree, and two counts of criminal possession of a controlled substance in the third degree. Shannon allegedly sold heroin to an undercover agent on two occasions in the Village of Attica in December. Shannon was being held in the Wyoming County Jail in lieu of $25,000 cash bail and has since been released.​

DAVID T. RILEY, age 33, of East Main Street, Batavia, was charged with two counts of criminal sale of a controlled substance in the third degree, and two counts of criminal possession of a controlled substance in the third degree. Riley allegedly sold heroin to an undercover agent on two occasions in the Village of Attica in December. Riley is currently being held in the Genesee County Jail in lieu of $25,000 cash bail on a similar heroin sale allegation in the City of Batavia. Bail was also set at $25,000 cash in Wyoming County.

Wyoming County Sheriff Gregory Rudolph says: “These arrests are a continuation of “Operation Spring Sweep” and are the culmination of investigations that took several months. The opiate problem seen nationally and across the state is in Wyoming County. The Wyoming County Sheriff’s Office, the Drug Task Force and all the Law Enforcement agencies in Wyoming County are committed to aggressively investigate the possession and sales of illicit drugs.

"We will do our enforcement part in curtailing the use and distribution of these highly addictive drugs. The Wyoming County Drug Task Force is an operational and investigative unit that has dedicated Deputies and Officers working together from the Wyoming County Sheriff’s Office, the Arcade Police Department, the Attica Police Department, the Perry Police Department, the Warsaw Police Department and the Immigration & Customs Enforcement (ICE). The Wyoming County Drug Task Force maintains a Tip Line: 585-786-8965 and encourages the reporting of drug activity in our community.”

The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.

Heidi A. Pahl, 42, of French Road, Attica, is charged with driving while intoxicated and operating a motor vehicle with a BAC of .08 percent or more. She was allegedly involved in an accident at a restaurant in the City of Batavia at 9:18 p.m. on April 25. The vehicle was located at a relative's house in the Town of Alexander a short time later. An investigation revealed that she was allegedly intoxicated at the time. She was arrested and released with appearance tickets for Alexander Town Court on May 31. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Ron Meides.

Alexandria M. Provens was arrested on April 24 on an outstanding bench warrant issued by the Town of Byron Court for failure to pay fines. She was arraigned before Town of Stafford Court and jailed in lieu of $2,000 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Ellen Marie Martinez-Brayley, 28, of Bank Street, Batavia, is charged with violation of Family Court Act. She was arrested on an outstanding Family Court warrant and arraigned April 25 and released. She is due back in court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

Keiyana S. Clark, 35, of Bronx, was arrested April 23 by state police for petit larceny after she allegedly took more than $270 worth of clothing from Target. Clark was allegedly observed selecting multiple clothing items and hiding them in a large reusable bag; Clark then paid for the items in her cart but failed to remove the items concealed in the bag. Clark was arraigned on $200 bail. She is scheduled for Town of Batavia Court on May 10.

Amanda M. Rumble, 28, of Clipnock Road, Stafford, is charged with petit larceny. She was arrested at 5:50 p.m. on April 25 as the result of a shoplifting complaint at Walmart. She allegedly stole $86.63 in merchandise. She was issued an appearance ticket for a later date in Town of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Press release from the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office would like the residents of Genesee County to be aware of a scam that is going around. The Sheriff's Office has received complaints where residents attempting to purchase motor vehicles on Craigslist are being asked to pay for these items with iTunes gift cards.

The transaction process is through a fraudulent Apple Pay account that the suspect sets up for the victim. The victim then purchases the gift cards and is required to contact a fraudulent 1-800 number and give the suspect the redemption codes on the back of the iTunes gift cards before they'll ship the vehicle.

The suspect never delivers the vehicle and the iTunes gift cards are redeemed by the suspect.

If anyone encounters this type of scenario, please do not move forward with payment and contact the Sheriff's Office at 585-343-5000.

Aaron Christopher Lyons, 19, of East Main Road, Le Roy, is charged with: driving while ability impaired by drugs, first offense; driving while intoxicated, first offense; failure to stop at a stop sign; speeding in excess of 55 mph; and unlawful possession of marijuana. The defendant allegedly failed to stop at a stop sign and was speeding on Main Road in Le Roy at 2:05 p.m. a.m. on April 23. After a brief investigation, the defendant was arrested for allegedly driving while his ability was to do so was impaired by drugs and for unlawful possession of marijuana. He was released on appearance tickets and is to be in Le Roy Town Court on June 20. The case was handled by Sheriff's Deputy Ryan Young, assisted by Christopher Parker.

Brad L. Ohlson, 39, Union Street, Batavia, is charged with third degree assault. The defendant was arrested on a bench warrant. He allegedly failed to comply with the conditions of his release on the charge, stemming from an incident at 9:30 a.m. on April 18, and was turned over the the Batavia Police Department. The case was handled by Sheriff's Deputy Ryan Young.

Press release from the Genesee County Sheriff's Office:

The Genesee County Local Drug Enforcement Task Force, comprised of police officer from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department, concluded an investigation into the sales of heroin in and around the City of Batavia with the arrest of  a Batavia man on Thursday evening.

David T. Riley Jr., 33, of East Main Street, Batavia, is in jail, charged with two counts of third-degree criminal sale of a controlled substance, a Class B felony, and two counts of third-degree criminal possession of a controlled substance, also a Class B felony.

Riley was arrested at his residence on a Genesee County Grand Jury Warrant, which followed an extensive investigation into illegal drug sales in the Tracy Avenue area. The defendant was allegedly selling heroin in the Tracy Avenue area. The investigation is continuing and further charges and arrests are possible.

Task Force members were also assisted in the investigation and arrest by the Genesee Countyu DA's Office, the Probation Department, uniformed officers of the City of Batavia Police Department.

Press release from the Genesee County Sheriff's Office:

The Genesee County Local Drug Enforcement Task Force, comprised of officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department, concluded an investigation into the sales of suboxone in and around the City of Batavia with the arrest of a Batavia man Thursday evening.

Lance M. Mercado Sr., 25, of Holland Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th, a Class D felony and two counts of criminal possession of a controlled substance, 5th, also a Class D felony.

Mercado was arrested at his residence on a Genesee County Grand Jury indictment warrant. He was allegedly selling quantities of the medication suboxone. He is in jail.

Task Force members were also assisted in the investigation and arrest by the Genesee County DA's Office, uniformed members of the Sheriff's Office and uniformed officers of the City of Batavia Police Department.

State Police are requesting the public's assistance in locating a snowplow stolen from a local business.

Investigators believe whoever stole the plow might try to sell it locally.

The plow was stolen from a business in the Town of Batavia in early April and looks just like the one pictured on the right. It is a Western MVP 3 and is fairly new.

Anyone with information regarding this incident or was approached to purchase a similar plow is asked to contact the State Police at (585) 344-6210.

Jerry Riley III

Press release from the Genesee County Sheriff's Office:

The Genesee County Local Drug Enforcement Task Force, comprised of officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department, concluded as investigation into the illegal sales of narcotics from a Bank Street residence in the City of Batavia with the arrest of a Rochester man on Wednesday afternoon.

Jerry Riley III, 38, of Jay Street, Rochester is charged with two counts of criminal possession of a controlled substance, 3rd, a Class B felony, and two counts of criminal sale of a controlled substance, 3rd, also a Class B felony.

He is already in custody at the Genesee County Jail from an incident that occurred in the city earlier this month and has now been charged with four additional felony charges this afternoon stemming from the sales of "crack" cocaine in the city in March.

Riley is in jail with $2,000 of additional bail.

For initial post on Riley, click here.

Press release from the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office investigated a motor-vehicle accident at the 7-Eleven convenience store on South Main Street in Oakfield on April 19 at about 2 p.m.

A motor vehicle crashed into the south wall of the store and immediately fled the scene. The vehicle was later found on Townline Road in Byron occupied by a male operator. The male was identified at Hicham Fathallah, 34, of Rochester. He was charged with leaving the scene of a motor-vehicle accident and inadequate brakes.

He is to appear in the Town of Oakfield Court at a later date and time.

For initial post, click here.

Scott Jay Seeley, 54, of Newstead Road, Akron, is charged with driving while intoxicated with a BAC greater than .08 percent, DWI, having a cracked windshield and an obstructed view. At 7:52 p.m. on April 18, on West Main Street in the Town of Batavia, Seeley was arrested following a traffic stop for vehicle equipment violation(s). After interviewing him and giving him field sobriety tests, which he allegedly failed, he was arrested then released on appearance tickets for Town of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Malik Domonic Dietz, 21, of West 13th St., Manhattan, is charged with third-degree identity theft and petit larceny. Dietz allegedly used the victim's personal identification to gain access to an Internet site at 5 p.m. on April 8 from a location on Batavia-Stafford Townline Road. He was issued an appearance ticket for Town of Batavia Court on April 21. The case was handled by Sheriff's Deputy Bradley Mazur.

A vehicle crashed into the 7-Eleven convenience store in Oakfield, located at 25 S. Main St., and then it left. Law enforcement is on scene and Oakfield Fire Department is responding. The building is damaged.

UPDATE 2:07 p.m.: Fire command is holding the assignment in quarters.

UPDATE 2:25 p.m.: The car involved is described as an older model red SUV. It was last seen heading toward the city.

UPDATE 3:10 p.m.: A car matching the description of the vehicle involved in this incident is reportedly broken down on Route 262. Law enforcement is heading there.

Kerry L. Norton, 33, of Porter Avenue, Batavia, is charged with operating a motor vehicle with a BAC of .08 or greater, driving while intoxicated, DWI -- Leandra's Law, and endangering the welfare of a minor. At 2:31 a.m. on April 16, Norton was arrested after being stopped for multiple traffic violations. Norton performed field sobriety tests, which he allegedly failed. Officers discovered that two of his passengers were juveniles under age 16. Officers later discovered that Norton allegedly allowed the children to smoke marijuana in the vehicle while he was driving. He was jailed without bail and set to return to court today. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Deniz M. Pirincci, 59, Garden Drive, Batavia, is charged with owning an unlicensed dog and owning a dog running at large. At 9:32 p.m. on March 27, Pirincci's dog was running at large and allegedly attacked another dog that was being walked by its owner on Garden Drive. Following at investigation, he was issued at appearance ticket for April 12. The case was handled by Batavia Police Officer Kevin DeFelice.

Joseph A. Monte, 52, of West Main Street Road, Batavia, is charged with third-degree robbery, second-degree harassment, and criminal obstruction of breathing. He was arrested at 2:32 a.m. on April 17 after an investigation into a domestic incident that occurred a short time earlier on Walnut Street. He was jailed and set to be in court today. The case was handled by Batavia Police Officer Eric Foels.

Carlos Samol, 51, of Libersty Street, Batavia, is charged with second-degree menacing. He was arrested after an incident at 8:07 p.m. on April 17 on Ellicott Street in which Samol allegedly menaced another person with what appeared to be a pistol. He was jailed on $5,000 bail and is to appear in City Court today. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Lindsay. In addition, he was charged with second-degree criminal contempt for allegedly riding in a car with another person in violation of a complete stay-away order of protection. On the latter charge, the case was handled by Officer Christopher Lindsay, assisted by Mitchell Cowen.

Frank J. Finley Jr., 33, of Dellinger Avenue, Batavia, is charged with second-degree harassment and endangering the welfare of a child. Finley was arrested following an investigation into a domestic incident in the city at 11:40 p.m. on April 9. He was due in court on April 11. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Flanagan.

Riley J. Cole, 20, of Garibaldi Avenue, Oakfield, is charged with second-degree harassment. The charge stems from an incident on Walnut Street at 3:50 p.m. on April 8 wherein Cole allegedly struck an ARC staff member in the face. Cole is to appear in City Court Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Zachary Vernon Seeley, 19, of East Main Street, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. He was arrested following an altercation at 3:11 p.m. on April 13 at 555 E. Main St. with another resident at that location. Seeley allegedly became upset with the other resident and punched a hole in a wall there, prior to allegedly shoving the other resident. He was jailed in lieu of $500 bail and was due in court on April 14. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Stephen Cronmiller.

Taheed M. Moffett, 31, of Turner Street, Rochester, is charged with criminal mischief -- $250 in damages, resisting arrest and second-degree obstruction of governmental administration. Moffett was arrested at 8:56 p.m. on April 19 on Pearl Street. The defendant was to appear in April 12. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Christopher Lindsay.

Scott D. Higgins, 35, of West Main Street Road, Batavia, is charged with aggravated driving while intoxicated, with a BAC of .18 percent or more, DWI -- common law, third-degree aggravated unlicensed operation, failure to use headlights, and operation of a motor vehicle by an unlicensed driver. At 2:22 a.m. on April 16, officers conducted a traffic stop on a vehicle without headlights on West Main Street at Burger King. Higgins was allegedly found to be operating the vehicle while intoxicated and he was subsequently arrested for DWI and issued tickets. He is scheduled to be in City Court on April 27. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk. Higgins was subsequently arrested at 1 p.m. on April 19 for failure to appear on a charge stemming from an incident on Aug. 12, 2014, on West Main Street.  He was jailed, then released after posting $200 bail. He is to appear in City Court on this matter Tuesday. The case was handled by Officer Wojtaszczyk, assisted by Officer Perkins.

Christopher Michael Barone, 33, of Lawrence Avenue, Corfu, is charged with criminal possession of a controlled substance, 7th, and second-degree aggravated unlicensed operator. He was arrested at 7:59 p.m. on April 8 after a traffic stop on Main Street in Batavia. He was found to have a suspended driver's license (14 suspensions on four dates) and also had an active warrant out of the Town of Batavia for third-degree aggravated unlicensed operator. He was also allegedly found to possess cocaine. He was jailed on $1,000 bail and was to be in City Counrt on April 11. The case was handled by Batavia Police Officer Darryle Streeter.

Terry L. Travis Jr., 33, of Pringle Avenue, Batavia, is charged with driving while intoxicated, first offense, aggravated unlicensed operation of a motor vehicle, 3rd, refusal to take a breath test and illegal signal. He was arrested at 1:38 p.m. on March 25 and released with an appearance ticket for City Court on April 27. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Robin D. Dixon, 28, of Barbie Court, Rochester, is charged with driving while intoxicated, driving while intoxicated -- common law, and driving the wrong direction on a one-way street. Dixon was arrested at 2:08 a.m. on April 9 after she was observed allegedly driving the wrong way on a portion of School Street, downtown. After a traffic stop, she was arrested for allegedly driving in an intoxicated condition. She is to be in court on April 20. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Brian V. Bisig, 29, of Transit Road, Elba, is charged with having insufficient tail lamps and second-degree aggravated unlicensed operation. At 9:47 p.m. on April 14, Bisig was stopped for having a defective tail lamp in the area of West Main and River streets. He was arrested and posted $200 bail and is to be in City Court on April 27. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Johnney Lee Shannon, 57, of Creek Road, Batavia, is charged with seventh-degree criminal possession of a controlled substance and unattended motor vehicle. Shannon was arrested at 1:06 p.m. April 11 on West Main Street Road, Batavia, after allegedly leaving his vehicle running unattended in the parking lot of a local business. The defendant was issued an appearance ticket for City Court on May 3. Subsequently, Shannon was arrested on a warrant out of Wyoming County. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Marc Lawrence.

Nathan S. Love, 23, of Montclair Avenue, Batavia, is charged with failure to appear. He was arrested on a City of Batavia warrant that was issued after he failed to appear on a charge stemming from an incident on Feb. 27 on West Main Street, Batavia. He was jailed on $500 bail and was to be in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Gregory F. Frieday, 31, of Osterhout Avenue, Batavia, is charged with criminal trespass and criminal mischief -- intent to damage property. He was arrested at 11:20 p.m. on April 9 and was issued an appearance ticket for court on May 3. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Timothy J. Wood Sr., 27, of Oak Street, Batavia, is charged with second-degree harassment. He was arrested at 12:30 p.m. on April 3 following an investigation stemming from his allegedly threatening individuals. He was jailed on $1,000 bail and was to be in court on April 7. The case was handled by Batavia Police Officer Stephen Cronmiller.

Kyle Ratulowski, 20, of West Main Street Road, Batavia, was arrested on two counts of petit larceny after attempting to pawn items he allegedly stole from unsecured vehicles overnight while in the City of Batavia. He was issued an appearance ticket and is to be in City Court on Tuesday. The case was handled by Batavia Police Officer Jason Davis. Deputy Young from the Genesee County Sheriff's Office assisted in the investigation. The Sheriff's Office also had charges on Ratulowski for allegedly stealing items from unsecured vehicles in the Town of Batavia. He was jailed on those charges.

Kiha S. McNear, 18, of 1/2 Walnut St., Batavia, was arrested at 9:45 a.m. on April 11 after police responded to a report of a physical altercation in the parking lot of Tim Horton's. While police were interviewing multiple subjects, McNear became upset that poluce had stopped him and allegedly started using absive language and shouting obscenities and racial epithets toward police. He was subsequently arrested and issued an appearance ticket for city court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Sgt. Daniel Coffey. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Kevin DeFelice.

Kasey J. Wagner, 34, of Fletcher Chapel Road, Shelby, is charged with failure to appear. Wagner was arrested on a warrant issued her failure to appear in court on a charge of third-degree aggravated unlicensed operation. Wagner was jailed on $250 bail and was due in court April 11.

Christina A. Cotter, 23, of Ellicott Street, Batavia, charged with second-degree criminal contempt. Cotter was arrested on April 4 after violating a complete stay-away order of protection issued by City Court by allegedly sending several text messages to the protected party. Cotter was to be in court April 12. The case was handled by Batavia Police Officer Jamie Givens.

Ralph A. Golding, 51, of Broadway, Alden, was arrested April 11 on a bench warrant out of City Court. The warrant was issued after Golding allegedly failed to pay a fine in relation to a conviction for petit larceny. The defendant was due in court April 13. The case was handled by Batavia Police Officer Christopher Lindsay.

Kathryn F. Long, 21, of Harris Road, Le Roy was arrested on April 14^th by the Le Roy Police Department and charged with petit larceny, a Class A misdemeanor. Long was arrested following a complaint of an alleged larceny in progress from Tops Market located in the Village. Long allegedly took $5.89 worth of merchandise from Tops. She was issued an appearance ticket and is to appear in Le Roy Town Court on May 19.

Kenneth A. McJury, 52, of 1/2 Highland Park, Batavia, is charged with petit larceny. McJury was arrested following an investigated into a larceny at 5:57 p.m. April 6 at the Kwik Fill on Jackson Street. He was issued an appearance ticket for City Court on April 12. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Arick Perkins.

Joseph M. Dispenza is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 17 in the Town of Batavia that Dispenza drove a 2006 Pontiac on Route 63 while in an intoxicated condition. In count two, he is accused of the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that he had a BAC of .18 percent at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing, or having reason to know, that his license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug.

Cordell E. Libbett is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 4 in the Town of Stafford that Libbett drove a 2015 Dodge with Mississippi plates on Route 33 in the Town of Stafford while knowing, or having reason to know, that his license to operate a motor vehicle in this state was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he had in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine. These are cited as having occurred in the following places on these dates: Dec. 25, 2008, Town of Wayland, Steuben County; Oct. 11, 2013, Town of Irondequoit, Monroe County; and in the City of Rochester, Monroe County, on Aug. 31 and Nov. 22, 2006; and Jan. 29. and March 19, 2007; Jan. 22, March 7, March 28, May 6, Sept. 27, Oct. 10, Oct. 18, and Nov. 20, 2008; April 24, June 26, Dec. 29, 2012; March 5, Oct. 1 and Dec. 3, 2013; and March 19, 2014.

James R. Kosiorek (pictured left), 23, who has no permanent address and is currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department and charged with a second residential burglary where guns were allegedly involved. Kosiorek was initially charged for burglarizing a residence March 17 on Lake Street in LeRoy and attempting to steal guns from inside. During that alleged burglary, the homeowner interrupted the burglary finding Kosiorek inside at which time Kosiorek allegedly fled the scene, leaving the guns. While conducting that investigation, information was received alleging Kosiorek committed a different but similar burglary on Genesee Street in Le Roy. A subsequent investigation into the Genesee Street burglary alleged that on March 13 Kosiorek forced entry to an acquaintances apartment at which time Kosiorek removed two shotguns from the apartment. It is alleged that Kosiorek was again interrupted by the tenant and fled the scene. The shotguns were recovered by the tenant in the back yard. Kosiorek was charged Thursday with one count of second-degree burglary, a Class C felony, two counts of fourth-degree grand larceny, a Class E felony, and one count of third-degree criminal mischief, also a Class E felony. Kosiorek was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and released on his own recognizance as he was already being held on bail for the Lake Street burglary.

Amelia Rose Witkowski, 30, of Angling Road, Pembroke, is charged with second-degree burglary, making a punishable false written statement and petit larceny. She was arrested for allegedly entering a resident on Main Road in Pembroke at 6:30 p.m. on Jan. 29 and stealing property from within. She also allegedly provided a written deposition to a Sheriff's deputy which contained false information. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Christopher Erion.

Kimberly M. Zeiner, 48, of Caroline Street, Albion, was charged with aggravated unlicensed operation, 2nd, and driving without headlights following a traffic stop at 3 p.m. April 6 on West Main Street, Batavia. Zeiner was subsequently arrested on April 14 on an outstanding bench warrant on those charges issued out of City of Batavia Court. The defendant was jailed in lieu of $250 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Nicholas Adam Dubois, 18, of Shady Lane, Batavia, is charged with two counts of petit larceny. Dubois was arrested following an investigation of theft of stone from two locations in the Town of Byron. He was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A 17-year-old is charged with two counts of petit larceny. The youth was arrested following an investigation of theft of stone from two locations in the Town of Byron. The subject was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

    Kyle Johnson

The man accused of murdering a neighbor on Selden Road, Le Roy, the morning of Dec. 1, received a psychological exam earlier this week, according to his attorney, but the results of that exam have not yet been made available to the defense.

The report will help Public Defender Jerry Ader determine how he will proceed with the case, he told President Judge Michael F. Pietruszka.

Ader may ask for a hearing to determine if Kyle G. Johnson suffers from a mental defect or impairment.

Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter.

The 53-year-old defendant was arrested near his property on Selden Road after a lengthy standoff with police, including emergency response teams, while his house burned to the ground.

It will take at least two weeks for the written report to become available, at which time, Ader will provide a copy to District Attorney Lawrence Friedman. 

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but Friedman said he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

Typically, pre-trial hearings last about an hour, but Friedman said he expects this hearing will last substantially longer, but less than a full day.

For previous coverage on Kyle Johnson, click here.

     Charles Scinta      James Wetall

Judge Michael F. Pietruszka isn't convinced that 74-year-old Charles G. Scinta is addicted to painkillers and wants to see some evidence that he is before considering a possible probationary sentence that would include drug rehab on Scinta's drug-dealing charges.

"The report says he's been using opiates since he was 69, but it doesn't say they're illicit," Pietruszka said. "They could have been prescribed," adding later, "my point is, I don't know that this is a substance-abuse issue. This could easily be interrupted as being medical sanctioned."

Scinta's attorney, Lisa Kroemer, said she understood the judge's concern and asked for a two-week adjournment to get clarification from the drug-treatment program that produced the report on exactly what their findings were.

"I think that's in everyone's best interest," Pietruszka said.

Scinta, who was allowed to sit throughout the court proceedings because of a medical condition, was arrested in December with 43-year-old James J. Wetall, also of Le Roy. The two men were arrested as the result of an investigation into the sale of oxycodone and diazepam.

Scinta is accused of selling oxycodone to undercover agents on two separate occasions. He is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.

A potential plea deal could keep Scinta out of prison, but first, Pietruszka wants to understand Scinta's history with painkillers.

Earlier, Wetall was given a shot at rehabilitation in exchange for pleading guilty to his drug sale charges. If Wetall successfully completes a rehab program, he will be allowed to withdraw his guilty plea to the felony charges and plead guilty to misdemeanors, which will carry a maximum penalty of one year in jail or three years probation.

If Wetall doesn't make it through rehab successfully, he's facing a sentence of up to 18 years in prison.

     Justine McWethy

A 28-year-old Batavia woman with multiple arrests on her record was hoping for another chance at drug rehabilitation when she appeared in County Court this morning on a grand larceny charge. Instead, Presiding Judge Michael F. Pietruszka thought a minimum of one year in prison would be a more appropriate sentence.

Justine D. McWethy had previously admitted to stealing more than $90,000 $9,000 from Joseph L. Mancuso, Inc., 56 Harvester Ave. while employed there in 2014.

The thefts, said her attorney Lisa Kroemer, were the result of her addictions and suggested to Piertruszka that a prison term wouldn't help her become a productive member of society.

"That's not going to clean up her addiction," Kroemer said. "In order for her to be able to use her talents, which as pointed out in the probation report -- she has a modicum of education and she is an intelligent girl, if she could get past the addiction, she would be able to lead a productive and law-abiding life."

District Attorney Lawerence Friedman argued that based on McWethy's history and the nature of the crime, in which she researched, planned and carried out a complex scheme to defraud her employer, made her less than a suitable candidate for probation and a rehab program.

He asked the maximum available sentence under the plea deal, which was one and a third to four years in state prison, be imposed.

With several members of her family in the gallery, McWethy tearfully apologized for her crime and said she's written several letters of apology, feeling guilty for what she did every day since her thefts were discovered. And while she said she understood why Friedman thought she should be punished, she would really like a chance to conquer her addiction.

"I feel like this is not the person I was meant to be," McWethy said.

Pietruszka said he was taking into account two violations of probation in the past 13 months before imposing a one- to three-year prison term, where, he noted, she can apply for drug treatment available to some state prisoners.

McWethy was also ordered to pay back the full amount in restitution, starting with Mancuso and then paying back the several banks that also lost money as part of the scheme.

CORRECTION: We originally published that the amount of restitution exceeded $90,000. This was a mistake. I misheard the amount in court. The correct amount is $9,136. I apologize for the mistake.