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Walnut Street man gets five years in prison for selling suboxone: 'I let drug addiction ruin most of my adult life'

By Billie Owens

A Walnut Street, Batavia, man who pled guilty to criminal possession of controlled substance, 4th, and criminal sale of a controlled substance, 4th, was sentenced today to five years in state prison.

Cody A. Bush, about 29, is a second felony offender. He admits that he sold a quantity of suboxone, a controlled substance, in and around the City of Batavia and the Town of Elba to an agent of the Local Drug Enforcement Task Force. He was already in jail on related charges with he was arrested in November on the Class C felonies.

His attorney, Thomas Burns, asked Acting Genesee County Court Judge Pietruszka to sentence him to two to two-and-a-half years in prison, with credit for time served, and the ability to avail himself to substance abuse treatment and other beneficial programs while incarcerated.

"He does suffer from a drug problem and an addiction," Burns said. "There is awareness that it is his responsbility...He admits he had no right to convey and sell the drug to another person."

Burns said his client struggles with "an inability to take himself away from controlled substances," and yet he is also responsible for parenting four children.

"I let drug addiction ruin most of my adult life," Bush told the judge when given a chance to speak before being sentenced. "For that I am ashamed and sorry."

In addition to a determinate prison sentence of five years and three years post-release supervision, Pietruszka sentenced him to 12 months in county jail, to run concurrently with the prison sentence, for criminal possession of a weapon, 4th.

Mother of four facing up to 24 years in prison if she doesn't succeed in drug treatment program

By Howard B. Owens
      Laura Fletcher

A 42-year-old Batavia woman told Presiding County Court Judge Michael F. Pietruska that she's willing to risk the possibility of a 24-year prison term in exchange for one more shot at drug rehab.

Laura Fletcher, a mother of four with three still of school age, will need to stay on the straight and narrow for two years to avoid prison if she pleads guilty April 18 to a four-count grand jury indictment for allegedly dealing drugs.

She has two prior drug-dealing convictions.

"Looking at her history, that is quite a risk," Pietruska said.

Those two prior convictions are the reason, said ADA Will Zickl, that Fletcher shouldn't get another shot at drug treatment.

"There is a demonstratable objective history in this case that I think makes it a very poor argument to be made that she should be given a chance in this program," Zickl said.

In the indictment issued in November, Fletcher is accused of selling cocaine in May and June to agents of the Local Drug Task Force. She is charged with four Class B felonies, two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

She's been approved for the program by a panel in Erie County, along with a recommendation from a local counselor. 

Her attorney Lisa Kroemer argued that Fletcher is willing to assume a substantial risk, given her track record, that she's fully aware of the consequences of failure, and that she desperately wants to succeed in the program.

Fletcher could potential get a lighter prison term in a plea deal, instead of pleading guilty to all four counts of the indictment.

She tearfully told Pietruska she understood the risk, but was willing to take the chance for a new chance at a clean life.

Kroemer said Fletcher has had periods between arrests where she was able to maintain sobriety before succumbing to her addiction again.

The prior drug sales convictions were "simply to support her own addiction," Kroemer said. "It was not part of any profit-making scheme."

Law and Order: Sex offender arrested for allegedly failing to register change of address, Oakfield woman charged with DWI

By Billie Owens

Kevin C. Greene, 61, of Bloomingdale Road, Akron, is a convicted sex offender who is charged with failure to notify an address change within 10 days. He was arrested March 11 at noon for allegedly moving out of his residence in February 2015 and not filing an address change within 10 days. He was issued an appearance ticket and is to appear in Batavia City Court on April 26. The case was investigated by Batavia Police Det. Eric Hill.

Carmelina Munoz Chavez, 48, of Sunrise Parkway, Oakfield, is charged with driving while intoxicated. She was arrested at 12:40 a.m. on April 10 following a complaint of a motor-vehicle accident in the Town of Byron. The defendant's vehicle was located and upon investigation, the defendant was arrested for allegedly driving while intoxicated. She was issued an appearance ticket and is to appear in Oakfield Town Court on May 9. The case was investigated by Sheriff's Deputy Ryan DeLong.

Man bailed out in drug case back in jail for petty theft: 'Refund, please'

By Billie Owens

The person who bailed Joseph M. Platten out of Genesee County Jail wants his or her money back -- sooner rather than later. And Genesee County Acting Court Judge Michael F. Pietruszka agreed this morning to release the funds.

Platten, 32, who lives on Warren Street in Batavia, pled guilty on April 4 to criminal possession of a controlled substance in the fifth degree.

He was one of six people arrested in January after an investigation into illicit drug sales by the Drug Enforcement Task Force. At that time, he was jailed without bail.

Originally, he was charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Platten allegedly sold a quantity of a controlled substance to an agent of the Drug Task Force while in the City of Batavia.

After accepting a plea deal on the single charge, bail was set at $1,000 and someone bailed him out.

While out on bail and awaiting sentencing, which had been set for May 31, Platten was arrested in the City of Batavia for petit larceny and he was sentenced to six months in jail.

Now he's serving that time and the person who posted bail in the drug case is requesting that the bail money be returned ASAP, said Platten's public defense attorney Lisa Kroemer. 

She also asked Judge Pietruszka to speed up sentencing on the drug charge.

"I hate to have him sitting there doing dead time on this file," she said.

"I think that can be done," replied the judge.

Platten, shackled and wearing an orange inmate jumpsuit, appeared in court with a razor-thin beard and shaved head, a tattoo visible on his neck. He is to return to court at 9:30 a.m. on May 6 for sentencing on criminal possession of a controlled substance in the fifth degree.

Batavia man sentenced to one to three years in prison for strangulation

By Billie Owens

A Batavia man who pled guilty to second-degree strangulation was sentenced to one to three years in state prison today by Acting Genesee County Court Judge Michael F. Pietruszka.

Joshua M. Gaudioso was arrested following a domestic incident Dec. 6 on Galloway Road wherein he strangled a female and threatened to kill her along with several family members.

"I can clearly see the gravity of my client's previous contacts in the criminal justice system," said his public defense attorney, Lisa Kroemer, who went on to tout the progress "Josh" seemed to be making in his treatment program and how well his counselor thinks he's doing.

"Josh got a lot out of it," Kroemer said.

She recommended a plan of intensive outpatient treatment until a bed in an in-patient facility becomes available. She asked the judge to consider allowing Gaudioso to be screened for acceptance into Drug Treatment Court with clinical supervision and a probationary sentence. She asked that today's sentencing be postponed until a screening and determination could be accomplished.

But Pietruszka was not swayed to grant her requests based on her client's previous behavior. The judge noted that Gaudioso has been on probation three times in the last 10 years and probation was revoked in each case. He was also on parole once and that, too, was revoked.

The judge issued four no-contact orders of protection, with the exception of minimal contact in one case for the purposes of facilitating visitation with his children. The victim's stay-away order will be in effect until April 12, 2027; the other three until April 12, 2024.

Gaudioso, who is about 5'8" tall and has strawberry-blond hair, wore a short-sleeved plaid shirt and khaki pants, wire-rimmed glasses and had a well-trimmed beard. He looked over at his parents in the gallery several times and repeatedly pushed his glasses up on his nose. He was very soft-spoken and when the judge asked him if he had anything to say before sentencing, he mumbled something about his progress in treatment.

Rochester pair arrested by Local Drug Task Force, including man charged with possessing crack cocaine

By Billie Owens

    Jerry Riley III

Press release:

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

Jerry Riley III, 38, of Jay Street, is charged with: two counts of criminal possession of a controlled substance, 3rd, a Class B felony; criminally using drug paraphernalia, 2nd, a Class A misdemeanor; and unlawful possession of marijuana.

Brianna L. Meacham, 26, of Dewey Avenue, is charged with criminally using drug paraphernalia, a Class A misdemeanor, and unlawful possession of marijuana.

The defendants were arrested Thursday afternoon following the execution of a search warrant at a Bank Street residence. Members of the Batavia PD Emergency Response Team and the Genesee County Drug Task Force executed the warrant and allegedly uncovered a quantity of "crack" cocaine, cocaine hydrochloride, heroin, marijuana and U.S. currency.

Riley was jailed without bail. Meacham was issued appearance tickets and turned over to the Cheektowaga Police Department on an outstanding warrant.

The investigation is continuing and further charges are pending.

Task Force members were also assisted in the investigation by the Genesee County DA's Office and uniform members of Batavia PD.

Law and Order: Alabama man charged with grand larceny, possessing stolen property and petty theft

By Billie Owens

Damien Allen Boyd, 32, of Meadville Road, Alabama, is charged with fourth-degree grand larceny, five counts of criminal possession of stolen property, 5th, and five counts of petit larceny. Boyd allegedly stole a debit card on Feb. 6, which he used to withdraw money from an ATM. In another case, he is charged with petit larceny for allegedly stealing electronic devices while at a residence on Council House Road, Alabama, on March 22. He was put in GC Jail on Thursday in lieu of $15,000 bail. Both cases were handled by Sheriff's Deputy Bradley Mazur..

Jessica Lynn Garofalo, 28, of West Main Street Road, Batavia, is charged with speed exceeding 55 mph, aggravated unlicensed operation of a motor vehicle, and uninspected motor vehicle on March 25. She was arrested at 5:15 p.m. on April 6 on a bench warrant out of the Town of Bethany Court and released under supervision. She is due in Bethany Town Court on May 17. The case was handled by Sheriff's Deputy Rachel Diehl.

A 39-year-old female who lives on Leicester Street in Perry is charged with falsifying business records, 1st. She was arrested after it was alleged that she made false entries on a financial aid application on Jan. 21, 2015, which allowed her to receive $7,96.50 in student aid while attending Genesee Community College. She was issued an appearance ticket and is scheduled to be in Batavia Town Court on April 25. The case was handled by Genesee County Sheriff's Deputy Chad Minuto.

Law and Order: Lewis Place man arrested on multiple domestic charges, Holland Avenue woman arrested after neighbors complain about yelling

By Billie Owens

Leslie R. Parris III, 33, of Lewis Place, Batavia, is charged with criminal contempt in the second degree, criminal contempt in the first degree with physical contact, and an arrest warrant and probation warrant were executed. At 10:12 a.m. on April 1, Parris was arrested on multiple charges following a probation check at 9 Lewis Place in the City of Batavia. He was located hiding in an upstairs bedroom closet contrary to a complete stay away order of protection barring him from the residence. For this he was charged with second-degree criminal contempt. He also had a bench warrant issued by Batavia City Court for failing to appear in court after being charged with first-degree criminal contempt, second-degree criminal contempt, and second-degree harassment stemming from a reported physical domestic incident at the same residence on Aug. 2. Parris was also arrested on a Batavia City Court arrest warrant charging criminal contempt, 1st, stemming from a reported physical domestic incident at the same residence on Oct. 21. Finally, Parris was arrested on a probation warrant for allegedly violating the terms of his probation. He is in Genesee County Jail without bail and is to be in City Court at 11 a.m. on Thursday. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Officer Marc Lawrence.

Emily D. Schramm, 29, of Holland Avenue, Batavia, is charged with disorderly conduct. She was arrested April 4 at 8 a.m. after several neighbors complained to Batavia PD. She was allegedly yelling obscenities for an extended period of time, which disturbed the neighborhood. She was issued an appearance ticket to appear in Batavia City Court on April 12. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Jason Ivison.

William B. McCarrick, 86, of Gateway Drive, Batavia, was arrested for harassment in the second degree following a domestic distrubance on Gateway Drive at 11:30 p.m. on April 1. He was released on his own recognizance and ordered to be in Batavia City Court on April 4. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Jammie L. Brown, 24, of East Main Street, Le Roy, is charged with second-degree harassment. He was arrested on April 5 after allegedly making threats of bodily harm to a female who was watching his child while at the GC Courts Facility at 9:40 a.m. on March 31. He was to appear in City Court on April 5. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Matthew Lutey.

Nathaniel D. Wilson Jr., 28, of Ellicott Street, Batavia, is charged with criminal possession of a weapon, 3rd. He was arrested on a warrant issued out of Batavia City Court for criminal possession of a weapon, 3rd, on Oct. 11. He was jailed without bail and was to be in City Court this morning. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Cory N. Smeltzer, 24, of Oak Orchard Estates, Albion, is charged with criminal possession of a weapon -- metal knuckles. He was allegedly found to be in possession of metal knuckles at 12:32 a.m. on March 26 when police investigated a distrubance on Liberty Street in Batavia. He was issued an appearance ticket and is to appear in City Court on April 12. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Mitchell Cowen.

Christopher M. Smith, 21, of School Street, Batavia, is charged with petit larceny. He was arrested at 12:36 a.m. on March 31 as the result of an investigation into an incident which occurred on Masse Place a short time earlier. He was issued an appearance ticket and is to be in City Court on April 12. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Daniel S. Gangi, 34, of Alexander Road, Batavia, was arrested on March 31 after turning himself in at Batavia PD Headquarters on a bench warrant stemming from an incident on July 24. He posted $100 bail, was released, and is to return to City Court Thursday. The case was handled by Batavia Police Officer Kevin DeFelice.

Passiona C. Culver, 38, of Willow Street, Batavia, was arrested on a warrant issued out of Batavia City Court following her alleged failure to appear to answer traffic tickets that she had been issued on March 1 following a traffic stop. She was released after posting bail and is to appear in City Copurt on April 13. The case was handled by Batavia Police Officer Mitchell Cowen.

Kenneth Michael Gray, 24, of Lake Street Road, Batavia, is charged with criminal possession of stolen property. He was arrested on April 5 following a traffic stop in the City of Batavia. He had a warrant for his arrest out of the Town of Batavia Court. He was put in jail on $1,000 bail and is to be in Town of Batavia Court on May 10. The case was handled by Sheriff's Deputy Rachel Diehl.

Man arrested for daytime burglary in Village of Le Roy on St. Pat's Day

By Billie Owens
kosiorek_james_r120.jpg
James Kosiorek

Press release from Le Roy Police Department:

An investigation of a daytime residential burglary which occurred on March 17 on Lake Street in the Village of Le Roy resulted in the arrest of 23-year-old James R. Kosiorek, who has no reported permanent address.

The investigation started when the homeowner returned home interrupting the burglary and finding a male subject inside of the residence. The burglar had damaged a gun case and was attempting to steal guns and cash from the residence. The burglar fled and the homeowner called 9-1-1.

The burglar was not initially located but a subsequent investigation led to the arrest of Kosiorek on April 4. It is alleged that Kosiorek unlawfully entered the residence with the intent to commit a crime therein, and in doing so damaged the gun safe and removed three guns, attempting to steal them and also stole about $30 in coins and a pellet rifle.

Kosiorek was arrested by the Le Roy Police Department and charged with one count of the Class C felony of burglary in the 2nd degree, three counts of the A-misdemeanor of attempted grand larceny in the 4th degree, one count of the A-misdemeanor of criminal mischief in the 4th degree, one count of the A-misdemeanor of petit larceny and one count of the A-misdemeanor of criminal possession of stolen property in the 5th degree.

Kosiorek was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and committed to the Genesee County Jail in lieu of $25,000 cash bail or $50,000 bond.

Law and Order: Le Roy man arrested after domestic incident, pair of marijuana possession charges in Corfu

By Billie Owens

Larry Brandon Ferrell, 31, of 10 Lathrop Ave., Le Roy was arrested by the Le Roy Police Department after a complaint of an alleged domestic incident which occurred on March 29. It is alleged that Ferrell restrained and choked a female in the presence of two small children and then allegedly took the phone away when the female attempted to call the police. Ferrell was charged with the misdemeanors of second-degree unlawful imprisonment, criminal obstruction of breathing or blood circulation, criminal mischief in the fourth degree, and two counts of endangering the welfare of a child. Ferrell was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and released under the Supervision of Genesee Justice.

Joshua B. Maternowski, 22, of Tonawanda, is charged with possessing one small plastic baggie containing approximately three grams of marijuana, and Joshua T. Reinhart, 21, of North Tonawanda, is charged with possessing one small plastic baggie containing approximately five grams of marijuana and a multicolored glass smoking pipe containing marijuana residue. At 11:38 a.m. on March 3, Corfu Police Officer Michael Petritz stopped a driver for speeding (going 57 in a 35-mph zone) and having no brake lamp on Route 77. Upon interview of the operator and passengers, Officer Petritz detected a strong odor of burnt marihuana emanating from the vehicle. Officer Petritz requested assistance from Sheriff's Deputy Lonnie Nati and a search of the vehicle allegedly yielded marijuana.

Cody Alan Glogowski, 28, of Grandview Drive, North Java, is charged with endangering the welfare of a child. At 7:48 p.m. on March 31, Glogowski was arrested for allegedly endangering the welfare of a child less that 17 while at Dick's Sporting Goods in the Town of Batavia. No details provided. He was issued an appearance ticket and is due in Batavia Town Court on May 12. The case was handled by Sheriff's Deputy Michael Lute.

Hannah Dibble given max available sentence in drunken driving death of friend

By Howard B. Owens

Hannah C. Dibble is not the "party girl of Pembroke" she once was, her attorney Ben Bonarigo told Judge Micheal F. Pietruzka, in County Court this morning before Pietruzka sentenced Dibble to six months in jail and five years probation for a drunken-driving accident that claimed the life of Alyson D. Krzanak.

Krzanak was an 18-year-old GCC student who hoped to become a Special Ed teacher.

The 23-year-old Dibble, who has gone from a California blonde to a bookish brunette since her last court appearance, told Piertuzka how sorry she was She apologized to Krzanak's family, her family, the families of the other accident victims, the community and any others hurt by her poor decision of Feb. 21, 2015.

Dibble was supposed to be the designated driver that night.

Bonarigo said when he first met with Dibble after the accident, he wasn't sure she really comprehended what she had done, her culpability in the accident. He said he was then "a doubting Thomas."

But as Dibble has proceeded through months of rehabilitation, much of it at her own insistence that she needed more work, through in-patient care to halfway houses and support facilities, he's seen Dibble come to grips with her own actions and reach the level of remorse where she wishes she could go back and if not undo what happened, at least trade places with Krzanak.

This morning's hearing opened with Alyson's parents, Dave and Renee Krzanak, delivering victim impact statements.

Both said Alyson was a joy, a friend, a talented and special person who had much to give the world. Dave said his wife still wakes up at night sometimes crying. He said he thinks about the fact that he will never walk his daughter down the aisle on her wedding day, see her graduate, have children, become a teacher.

Renee said Alyson was a miracle baby. After years of trying to conceive, she was about to undergo a fertility treatment when a doctor told her he couldn't do the treatment. She was already three days pregnant.  If the doctor hadn't noticed that little embryo, Alyson wouldn't have been born.

They always knew Alyson would be special.

"She excelled at everything she tried," Renee said.

"People don't understand what it's like to lose a child until you lose your child," Dave said. "It's a sadness you can't imagine."

Renee said she last spoke to Alyson about 11:30 the night of the accident. 

"Whatever you're doing, be safe," Renee said she told her daughter.

"I'll be safe," Alyson said. "I have a driver."

Alyson trusted her friend, Hannah C. Dibble, Dave and Renee said, and it was a trust misplaced.

"We don't hate Hannah Dibble," Dave said. "We hate the choice she made."

Dibble drove her 1997 Chevrolet Geo across Route 20 coming off Molasses Hill Road in Bethany and it was slammed into by a semi-truck.

Not only was Krzanak killed, three others suffered serious physical injuries: James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

Assistant DA Will Zickl said through getting to know Dave and Renee as he took them through the mundane legal process of prosecuting Dibble, he came to understand who Alyson was as a person.

"These are fine people," he said.

Their grace and understanding he said were a reflection of the grace and understanding Alyson would want shown to Dibble, which is why there was eventually a plea deal that would cap Dibble's maximum possible sentence to six months in jail and five years probation.

Pietruzka wasn't on the Genesee County bench for any of the prior hearings in the case and as he reviewed the court documents and notes last week, he said he was initially puzzled as to why Noonan agreed to such a seemingly light sentence in such a serious case.

"Now I understand as difficult as that commitment was, it was made after much discussion and consideration and in appreciation of Alyson and who she was as a person," Pietruzka said.

After signing court documents, Dibble was escorted, without handcuffs, from the courtroom, by a deputy. Officially, she's in the custody of the Sheriff's Office, but since the county jail is unable to house female prisoners, she will be transferred to another, as yet undetermined, county jail to serve her six-month term.

Dibble said she hopes to continue her rehabilitation and education and eventually enter the medical profession.

"I take full responsibility for what happened that night," Dibble said. "It's very clear to me what I must do. Every step I make in recovery, I dedicate to her. I must make sure everything in my life changes for the better and everything I do and have done will be in Alyson's name."

Law and Order: Woman charged with grand larceny, accused of stealing $1K in coins and cash in Darien

By Billie Owens

Kendra Marie McGuire, 25, of Bryant Street, North Tonawanda, is charged with fourth-degree grand larceny. She was arrested and issued an appearance ticket for April 26 in Darien Town Court. It is alleged that she stole cash and coins valued at more than $1,000 from a residence on Richley Road in Darien in November of 2012. The case was investigated by Sheriff's Deputy Chad Minuto.

Daniel Joseph Kish, 44, of Payne Avenue, of North Tonawanda, was charged with aggravated unlicensed operation, 3rd, and unsafe turn/failure to signal at noon on March 17. He was arrested on the charges March 31 after turning himself in on an arrest warrant out of the City of Batavia. Kish allegedly missed city court for prior alleged traffic violations. Bail was set at $250 and he did bail himself out at city court. He was released and is to reappear in city court on May 18. The case was handled by Sheriff's Deputy Michael Lute.

Lake Avenue, Bergen, man jailed without bail for allegedly selling marijuana

By Billie Owens

Press release:

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 sale of marijuana in the towns of Bergen and Byron.

Cody D. Mayer, 23, of Lake Avenue, Bergen, was arrested and charged with two counts of criminal sale of marijuana, 3rd, a Class E felony, and one count of criminal sale of marijuana, 4th, a Class A misdemeanor.

On March 30, Mayer was arrested by a uniformed deputy of the Genesee County Sheriff's Office at the County Jail, while he was incarcerated for a separate charge, on a Genesee County Grand Jury indictment warrant. It is alleged that Mayer sold a quantity of marijuana to an agent of the Drug Task Force while in the towns of Bergen and Byron.

Mayer was jailed without bail.

The District Attorney's Office and uniform members of the Sheriff's Office assisted the Task Force members with the investigation.

Tracy Avenue woman charged with selling crack cocaine out of her city residence

By Billie Owens

Press release:

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, concluded an investigation into the sale of "crack" cocaine in the City of Batavia with the arrest of a City of Batavia woman Wedesnday afternoon.

Jennifer M. Moore, 30, of Tracy Avenue, is charged with two counts of criminal sale of a controlled substance, 3rd, a Class B felony, and two counts of criminal possession of a controlled substance, 3rd, also a Class D felony.

The defendant was arrested on Wednesday afternoon on a Genesee County Grand Jury indictment warrant by the Drug Task Force and uniform officers from the City of Batavia PD. She was jailed without bail. The investigation is continuing into the sales of illicit drugs from the defendant's residence with further charges and arrests pending.

Task Force members were also assisted in the investigation by the District Attorney's Office.

Law and Order: Batavia man charged with second-degree harassment, another charged with DWI

By Billie Owens

Timothy J. Wood Sr., 27, of Liberty Street, Batavia, is charged with second-degree harassment. He was arrested at 3:34 a.m. on March 28 as the result of an incident that occured at a residence on West Main Street on March 26. He was released on an appearance ticket and had a court date on March 29. The case was handled by Bataiva Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Michael S. Garrett, 25, of South Main Street, Batavia, is charged with DWI, DWI with a BAC of .08 percent of higher, and having an unregistered motor vehicle. The charges stem from a traffic stop condiucted at 1:56 p.m. on March 20 in the area of West Main Street and Dellinger Avenue. His vehicle registration was found to be expired and after field tests, he was arrested for DWI. Garrett was issued an appearance ticket and released to a sober party. He is due in city court on April 13. The case was handled by Batavia Police Officer Chad Richards, assisted by Sgt. Daniel Coffey.

Investigation ongoing in theft of nearly $300K in medical equipment from UMMC

By Billie Owens

From our news partner WBTA:

Surgical equipment with an estimated value of nearly $300,000 has been stolen from United Memorial Medical Center and offered for sale on the popular Internet auction site eBay, WBTA and The Batavian have learned.

Batavia Police detectives are conducting a criminal investigation, the results of which are expected to be presented to the Genesee County Grand Jury in April.

Batavia Police Chief Shawn Heubusch declined  comment noting “it is an ongoing investigation.”

United Memorial Medical Center, now part of the Rochester Regional Health System, said through a spokeswoman, “UMMC is cooperating with the police.” The hospital declined further comment.

It has been learned that the prime suspect in the case is a former employee of UMMC.

Law enforcement and sources within the hospital say that the former employee, a woman, worked in the hospital's purchasing department. She resides in Livingston County.

A health care professional with knowledge of the surgical inventory, said one of the stolen items was a laparoscopic camera. A complete system consisting of the camera and related equipment, can sell for $20,000.

No arrest has been made. Law enforcement is waiting for the case to be presented to the grand jury.

A check of eBay reveals a huge market for surgical equipment. Under the category of medical and surgical equipment, there were 18,584 listings. A local doctor familiar with the market said, “you would be amazed to learn what kind of (surgical equipment) is available on eBay.”

The Web site also has a category for “used medical equipment” which contained 1,968 listings.

Law and Order: Le Roy man charged with DWI, allegedly had BAC over .18 percent

By Billie Owens

Nicholas Robert Fairfield, 24, of Lake Street, Le Roy, is charged with driving while intoxicated, driving with a BAC of over .18 percent, speed not reasonable and prudent, failure to keep right, failure to stop at the stop sign. In the early afternoon on March 26 on Warsaw Road in Le Roy, Fairfield was involved in a one-car accident, no injuries, at the Intersection of Warsaw Road (Route 19) and Perry Road. The vehicle came to rest in a ditch on the west shoulder of Route 19. Further investigation revealed that Fairfield was allegedly operating his vehicle while intoxicated. The incident was investigated by Sheriff's Deputy Gregory Walker.

Law and Order: Ellicott Street resident arrested for allegedly dumping trash onto neighbor's property

By Billie Owens

Rae C. Cook, 27, of Ellicott Street, Batavia, is charged with illegal disposal of items. Cook was arrested following an investigation into an illegal dumping complaint. At 1 p.m. on March 17, Cook was observed by a neighbor allegedly depositing refuse onto the neighbor's private property. Cook was issued an appearance ticket and is due in city court on Tuesday. The case was handled by Batavia Police Officer Kevin DeFelice.

Damien A. Boyd, 32, of Meadville Road, Batavia is charged with criminal possession of a controlled substance, possession of a hypodermic instrument and criminal use of drug paraphernalia, 2nd. The charges on March 23 stem from a warrant that was issued as a result of an incident on Aug. 25 wherein Boyd was allegedly found to be in possession of heroin, needles and several small plastic bags for packaging narcotics. He was jailed in lieu of $2,000 bail. The case was handled by Batavia Police Officer Chad Richards.

J'shon K. Naegely, 19, of Montclair Avenue, Batavia, is charged with failure to appear. Naegely was arrested March 26 on a warrant out of Batavia City Court. It is alleged Naegely failed to appear in court on a charge on Jan. 15 of criminal possession of stolen property. Naegely was jailed on $1,000 bail and is due back in court on Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay.

Tina R. Ayala, 48, of Ellicott Street, Batavia, is charged with petit larceny. She was arrested for allegedly shoplifting at Dollar General at 12:45 p.m. on March 24. Ayala received an appearance ticket and is to be in city court on Tuesday. The case was handled by Batavia Police Officer Marc Lawrence.

North Bergen Road resident jailed after fleeing accident, hours-long search by law enforcement and K-9 units

By Billie Owens

Press release from the Genesee County Sheriff's Office:

At 1:06 p.m. on Sunday March 27 the Genesee County Emergency Dispatch Center received a call concerning a motor vehicle collision that occurred at 4746 Barrville Road in the Town of Elba.

A northbound vehicle went off the east shoulder of Barrville Road and struck a parked vehicle at that address. The operator of the vehicle then fled the scene.

The suspect was tracked for several hours and later arrested at an address on North Bergen Road in the Town of Byron.

The suspect, Arnoldo Gregorio Lopez, 23, of North Bergen Road, faces Vehicle and Traffic charges of unlicensed operator, uninspected motor vehicle, unregistered vehicle, uninsured vehicle, improper plates, moving from lane unsafely, and leaving the scene of a property damage accident.

He was arraigned in the Town of Oakfield Court by Justice Baker and remanded to Genesee County Jail in lieu of $2,500 cash bail.

The Genesee County Sheriff's Office was assisted by members of the State Police, Medina Police Department's K-9 and a State Police K-9.

(For initial report, click here: http://www.thebatavian.com/node/129152/edit)

Law and Order: Batavia resident charged with harassment after allegedly pushing safety officer at College Village

By Billie Owens

Tre'Shaun Diamond Perry, 20, of Batavia Stafford Townline Road, Batavia, is charged with second-degree harassment. The subject was arrested today after an incident at 10:10 p.m. on March 24 at College Village. It is alleged Perry pushed a safety officer while in a building at College Village. Perry was released on an appearance ticket to appear in Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Chad Cummings.

Brandon Thomas Beard, 21, of Delaware Avenue, Buffalo, is charged with unlawful possession of marijuana, driving while ability impaired by drugs and driver's view obstructed. On March 26, at 8:41 p.m., the defendant was stopped following the observation of a vehicle and traffic violation on Clinton Street Road, Town of Bergen. He was arrested after allegedly possessing marijuana and driving while his ability to do so was allegedly impaired by drugs. He was released on appearance tickets and is to return to Town of Bergen Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

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