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Sheriff's Office warns of 'IRS scam' after local woman almost falls for con

By Howard B. Owens

Press release:

The Genesee County Sheriff’s Office is always receiving reports of scams that are attempted via the phone, mail or online. Scams can range from “you won the lottery” (that you didn’t even enter) to a call from someone claiming to be a relative who is in trouble with the law and needs bail (a favorite for elderly grandparents).

The common denominator for all of these scams is an eventual attempt to get the victim to send/wire money to the caller. If it’s an ID theft scam, the goal is to obtain personal information from you such as your date of birth, address, Social Security number, etc. Another commonality is the pressure to act now or loose the opportunity. This pressure can come in the form of a threat.

Today alone, we received no less than five reports of an IRS scam that is being perpetrated via phone. In this scam, the caller identifies him or herself as an IRS agent, tells the victim they owe the IRS a sum of unpaid taxes and threatens to have him/her arrested immediately if cash is not withdrawn from the bank and wired to an address the caller gives. The caller doesn’t allow any time for the victim to check the validity of the call and actually continues to verbally threaten the victim.

Today, a potential victim came to the Sheriff’s Office to report such a scam attempt. The victim had been convinced that the caller was with the IRS and that she was going to be arrested if she didn’t immediately comply. She went to her bank, withdrew over $5,000 and drove to a local retail store (as directed) where she was to wire out the money. Fortunately, she called a family member at the last minute, despite the threats not to delay, and was diverted to the Sheriff’s Office before the money was gone forever.

The IRS never attempts to collect legitimate debt over the phone or Internet. They never attempt to persuade you not to confirm the legitimacy of such a contact. While there may be a deadline involved, it is never so short as not to afford you time to check out the authenticity of the notification with the IRS using publicly listed contact numbers.

If you have doubt, if you are confused, if you feel threatened, call a trusted family member and/or the Sheriff’s Office. IRS scam attempts can be reported directly to the Treasury Inspector General for Taxation Administration at 1-800-366-4484 or via their Web site: www.tigta.gov

Funeral services announced for Don Ball

By Howard B. Owens

Services have been announced for Norman D. "Don" Ball, 69, who was shot and killed early Tuesday morning while he slept in his bed at his residence on Selden Road, Le Roy.

A neighbor, Kyle Johnson, has been charged with murder in the second degree.

The Falcone Funeral & Cremation Service in Le Roy is handling arrangments for the Ball family. Calling hours are from 10 a.m. to noon, Saturday, 8700 Lake Road, Le Roy. Funeral services are at noon, with interment to follow at Stafford Rural Cemetery.

Ball, a Vietnam Veteran who served in the Air Force, will receive military honors.

For the complete obituary, click here.

Previously:

Selden Road victim sleeping in bed before being shot to death

By Howard B. Owens

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Norman Don Ball
Photo provided by a family member

Kyle G. Johnson, 53, of 7324 Selden Road, Le Roy, has been charged with murder in the second degree in the shooting death this morning of Norman Don Ball, 69, of 7421 Selden Road, Le Roy.

Johnson is also charged with first-degree burglary, third-degree arson, and reckless endangerment. Additional charges are pending.

Johnson is accused of entering the home of Ball through an unlocked rear door at about 3:50 a.m., going upstairs, asking a roommate if Ball was home, and then going back downstairs, entering Ball's bedroom, where Ball was sleeping, and shooting him in the head with a 12-guage shotgun.

Johnson then fled on foot, according to the Sheriff's Office, and returned to his house, which he then allegedly set on fire through unknown means.

The roommate reported hearing a pop, went downstairs and found Ball in his bed with a gunshot wound to his head. The roommate then went next door, where Mr. Ball's son lived, and informed him of the shooting, and the son called 9-1-1.

The first deputy arrived on scene at 4:02 a.m., followed by a Village of Le Roy police officer at 4:06 a.m.

At 4:15 a.m., dispatchers received a call from another Selden Road resident who reported a structure fire at 7324 Selden Road.

Le Roy fire was dispatched and a chief and village officer arrived on scene. The suspect fired his shotgun in their direction, according to the Sheriff's Office statement. 

No firefighters or officers were injured as a result of these shots.

Numerous deputies and troopers then arrived on scene and the suspect was contained within the general area around his house.

The Batavia PD emergency response team then arrived on scene and kept the suspect contained to the immediate vicinity. 

The suspect reportedly paced back and forth around his house and out onto the roadway and ignored numerous commands to drop his weapon.

The SWAT team of the Monroe County Sheriff Office arrived on scene and provided further assistance with its armored vehicles. 

The vehicles were used to confront Johnson, but Johnson allegedly failed to comply with commands to drop his weapon and surrender. 

"He would charge the armored vehicle and then back off," according to the statement. 

At approximately 7:55 a.m., Johnson placed his weapon on the ground and he was rushed by members of the SWAT team and taken into custody.

There was a press conference at the Sheriff's Office this afternoon and we will have an additional story on today's event later.

Photos of Johnson being escorted from his arraignment in Le Roy by Ray Coniglio.

Previously:

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Arson, murder suspect in Le Roy reportedly taunted police before surrendering

By Howard B. Owens
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Based on information obtained from sources, we believe the suspect is in this photo, standing near the front of the Sheriff's patrol vehicle with the lights on. The photo was taken at 7:09 a.m. with a 300mm lens and has been enlarged substantially for publication. We were told the suspect wandered around the area of the roadway and his home while officers tried to talk him into surrendering. Shortly after this photo was taken, SWAT teams arrived. The suspect surrendered at about 8:10 a.m., we are told.

 

A Selden Road resident who is suspected of murdering a neighbor early this morning in Le Roy and setting his own home ablaze was taunting the police once they arrived on scene, according to a witness.

"Did you see what I did to my house?" the witness said the man told police. "Just shoot me."

Sheriff's deputies and Village of Le Roy police, along with Mercy EMS, were dispatched to 7421 Selden Road just after 4 a.m. after dispatchers received a report of a person being shot in the face. About 10 minutes later, Le Roy fire along with the Bergen Fire Department were dispatched to 7324 Selden Road for a structure fire with flames showing. Shortly thereafter, Stafford and Pavillion fire departments were called to provide mutual aid.

At first, there was no indication the two incidents were related, but when the first assistant chief for Le Roy fire, accompanied by the department's safety officer and a chief from a mutual aid company arrived on scene, along with a patrol from Le Roy, the suspect reportedly turned his shotgun on the responders and opened fire.

None of the responders were hit and they made a quick exit from the area, with the chief informing dispatchers they had been fired on and to hold back all responding units.

The chief was pretty shaken and returned to the fire hall a short time later, said 2nd Assistant Chief Tom Wood.

"We actually never got told there were any shots fired or the second incident was happening, so we responded as a normal incident," Wood said.

It's unclear if the suspect, whose name has not yet been released, was firing indiscriminately or deliberately targeting either firefighters or police.

Wood said it appeared to the firefighters the gun was pointed at them.

"When they got on scene they saw the individual and he pointed the gun in their direction, or the direction of the police, and, I believe, fired two or three rounds at them," Wood said. "Nobody was hit, but it was definitely scary."

It was a tense time for Jon Marcello and his family, who moved from the village to Selden Road in July. He said he spoke to his neighbor, the suspect, for the first time a couple of weeks ago. The suspect, he said, placed a no trespassing sign in his front yard because he was going through a divorce and he didn't know who his ex-wife might had given keys to.

"He was concerned about other people coming into the house and on the property," Marcello said.

When Marcello saw a fire burning outside this neighbor's house, he went outside to investigate. He then heard two gunshots. A police officer told him to get back in his house. He said he and his wife and his two small children, who are too young to have comprehended what was going on, sheltered upstairs.

"It's certainly concerning when you see him walking down the street and on our property with a shotgun, SWAT teams all around telling him to put the gun down and he wasn't complying," Marcello said. "He was actually taunting them telling them to shoot him. I don't know if it was a suicide mission, or what."

The suspect surrendered about 8:10 a.m.

The name of the victim has not yet been officially released.

No other injuries have been reported in connection with the incident.

The incident was troubling for the volunteers who responded to the scene, Wood said. Even though nobody has forgotten what happened in Webster, where firefighters were shot and killed responding to a fire, on Christmas Eve a couple of years ago, it's still not something you expect to happen here. Wood said he doesn't know how you prepare or train for such unexpected violence.

"It's scary," Wood said. "We don't know how to deal with stuff like this. We're a small rural department and all volunteer."

The Sheriff's Office has scheduled a press conference at 2 p.m. about the incident.

Previously: Person reportedly shot at residence in Town of Le Roy

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The residence of the shooting victim.

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Tom Wood speaking with members of the media.

Person reportedly shot at residence in Town of Le Roy

By Howard B. Owens

Law enforcement and Mercy medics are responding to a residence on Selden Road in the Town of Le Roy where a person has reportedly suffered a gunshot wound.

A dispatcher advises that "the victim has been shot in the face. The suspects appear to have left the area."

UPDATE 4:10 a.m.: It's described as a "marauding incident" (which Merriam-Webster's dictionary defines as "roaming about and raiding in search of plunder.") Further law enforcement communications have been moved to a secure channel.

UPDATE 4:18 a.m.: Now there is a report of a structure fire at a residence near the original caller's address. Smoke and flames showing. Le Roy fire and Bergen fire dispatched. Of course, at this point, it's unknown if the incidents are related.

*** We're withholding the address pending more complete information and to avoid identifying the victim at this stage.

UPDATE(S)(By Billie) 4:28 a.m.: "Shots fired. Back out of the area," the fire chief on scene tells responders. Stafford and Pavilion fire departments were also called to the fire.

UPDATE 4:41 a.m.: Le Roy Fire Police are instructed to shut down Selden Road at Route 19 and at West Bergen Road. Only emergency responders and law enforcement will be allowed to pass.

UPDATE 5:08 a.m.: Flames are no longer visible at the scene of the structure fire, however firefighters have not yet been allowed to access the property because law enforcement has not cleared the scene. An emergency command center, or staging area, has been set up at the Eastern Carolina, LLC, complex at 7591 Selden Road, near Route 19. (The gunshot incident and the fire are roughly a block apart on Selden Road.)

UPDATE 5:34 a.m.: People on Selden Road are ordered to "shelter in place," according to an order given by law enforcement. They must remain inside until further notice.

UPDATE 6:17 a.m.: A reader who lives on Selden Road said he "came outside when I first noticed the fire and a police officer told me to get back in the house and there was an active shooter. Soon after, there were two loud gunshots, sounded like a shotgun. ... The fire is still blazing pretty good on the west side of the house closest to me. No firefighters on scene, assuming they have not found the shooter (s). ..." This reader also submitted the photo above.

UPDATE 6:58 a.m.: A woman who has identified herself as the daughter of the shooting victim has told the media that her 69-year-old father has died as a result of the gunshot wound(s). Police have not confirmed this.

UPDATE 7: 22 a.m.: Photo from the scene:

UPDATE 8:14 a.m.: Multiple law enforcement units have cleared the scene; they've left the area. It has not been confirmed, but indications are that the situation has been resolved, that the incident has concluded.

8:32 a.m.: A suspect has been taken into custody.

Batavia PD investigating possible attemped armed robbery near 7-Eleven

By Howard B. Owens

A would-be robber reportedly pointed a long gun at a potential victim outside the 7-Eleven at 404 E. Main St., Batavia, at about 9 p.m. Sunday, according to the Batavia Police Department, and demanded money.

The assailant demanded personal property from a person sitting in a vehicle, but after the person did not turn over any property, the assailant left the area.

No injuries were reported.

The suspect is described as wearing a mask, a dark-colored hooded sweatshirt, and camouflage pants. There's no further description of the suspect available. 

The confidential tip line for Batavia PD is (585) 345-6370. Police dispatch can be reached at (585) 345-6350.

Law and Order: Man arrested in Auburn on decade-old warrant

By Howard B. Owens

Harrison J. Hartung, 32, of Power Street, Syracuse, was arrested on a warrant by State Police in Auburn during a traffic stop and turned over to Batavia PD. The warrant stems from an alleged incident in 2005 that led to a charge of disorderly conduct. The incident was reported at 6:19 a.m., May 7, 2005, at 318 E. Main St., Batavia. Hartung was arraigned in City Court, pled guilty, was fined $80, plus a $95 surcharge, and released.

Nicholas Alexander Pleace, 29, of Orangeport Road, Gasport, is charged with criminal trespass, 2nd, criminal mischief, 4th, and harassment, 2nd. Pleace allegedly forced his way into a residence on Pratt Road at 2:25 p.m. Thursday,and damaged property in the process. He allegedly shoved a victim and refused to leave upon request. He was jailed on $500 bail.

Wayne Lewis, 28, of Thorn Street, Rochester, is charged with grand larceny, 4th. Lewis was arrested following an investigation by Le Roy PD into the theft of a credit card at Tops Market. Lewis was identified as the suspect through the use of surveillance footage that helped identify him and his vehicle. Lewis is accused of stealing the card and then making a purchase with it. He was issued an appearance ticket.

A 17-year-old resident of River Road, Pavilion, was charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop at 8:44 p.m. Wednesday by Officer Chad Richards (defendant's name withheld by Batavia PD).

James E. Wroten Jr., 49, of Central Avenue, Batavia, is charged with criminal contempt. Wroten allegedly violated a complete stay away order of protection.

Leslie O. Hinz, 66, of Manhatten Avenue, Batavia, turned himself in on an arrest warrant after speaking with Sgt. Dan Coffey. Hinz was wanted on a harassment, 2nd, charge. Hinz allegedly approached and continuously followed a stranger at 10:20 a.m., Oct. 19. Hinz posted $300 bail.

Kathleen M. Watkins, 36, of Perry Road, Pavilion, was arrested on a warrant for alleged failure to appear to pay a fine.

Oscar L. Muniz Jr., 22, of Parma Center Road, Hilton, is charged with unlawful possession of marijuana, inadequate muffler and uninspected motor vehicle. Muniz was stopped at 9:23 p.m. Wednesday on West Main Street, Batavia, by Officer Chad Richards for allegedly driving a vehicle with a loud muffler.

Kimberly Ashley Paladino, 25, of Church Street, Le Roy, is charged with two counts of petit larceny. Paladino is accused of stealing $198 in merchandise from Walmart on Thursday. She is also accused of stealing $163.37 in merchandise from Walmart on Nov. 19.

Law and Order: Byron woman allegedly stole property valued at more than $1,000

By Billie Owens

Marissa Anne Brennan, 22, of North Byron Road, Byron, is charged with fourth-degree grand larceny. She was arrested on Nov. 21 after allegedly stealing property in excess of $1,000 on Nov. 17 on North Byron Road, Byron. She was jailed and bail set at $2,500. The case was handled by Sheriff's deputy Ryan DeLong, assisted by Deputy James Diehl.

Former boyfriend shot in leg on Thanskgiving Day after allegedly forcing entry to woman's Pembroke house

By Billie Owens

Press release from Chief Deputy Gordon Dibble:

The Genesee County Sheriff's Office is investigating a domestic incident which occured at about 3 p.m. on Thanksgiving Day in the Town of Pembroke.

The incident involved a forcible entrance of the female victim's residence and shots fired by the victim at the male suspect. The pair had previously been in a relationship. The victim suffered minor injuries during the incident.

Sheriff's patrols responded but did not locate the suspect, who fled the area in an unknown vehicle prior to their arrival.

The investigation continued overnight until informaiton was developed that the suspect was at a residence in the Village of Akron. At about 11:25 this morning, deputies assisted by troopers and an Akron Police officer entered the residence where they located the suspect. He had a gunshot wound to his leg. EMS was called and he was transported for medical treatment.

At this stage of the investigation, no names or additional details are being released. A more detailed release will follow.

Grand Jury: Man indicted for allegedly selling meth, plus pair of alleged repeat offenders accused of felony DWI

By Billie Owens

Michael A. Hahn is indicted for the crime of criminal sale of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 25, 2014, in the Town of Darien, that Hahn knowingly and unlawfully sold a controlled substance, methamphetamine. In count two, Hahn is accused of criminal possession of a controlled substance in the fifth degree, also a Class D felony, for allegedly knowingly and unlawfully possessing methamphetamine with the intent to sell it.

Jequan D. Patterson is accused of driving while intoxicated, as a Class E Felony. It is alleged that on July 8 in Le Roy, Patterson drove a 2015 Kia on I-90 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, he accused of aggravated driving while intoxicated, as a Class E felony, for having a child age 15 or less as a passenger. In count four, Patterson is accused of aggravated driving while intoxicated for allegedly having a BAC of .08 percent or more while a child age 15 or less was a passenger. In count five, Patterson is accused of the crime of endangering the welfare of a child for allegedly knowlingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Also, Special Information is filed for this indictment by District Attorney. It accuses Patterson of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 27, 2006, in City of Rochester Court and that was within 10 years of the commission of the crimes now alleged.

David M. Heschke is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 3 in the Town of Pavilion that Heschke drove a 2006 Nissan on Route 20 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In count three, he is accused of first-degree aggravated unlicensed operation, a Class E felony, for driving while allegedly knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while allegedly intoxicated. Also, Special Information is filed for this indictment by District Attorney. It accuses Heschke of having been convicted of the crime of DWI on Sept. 5, 2012, in Town of Batavia Court and that conviction forms the basis of the revocation referred to in count three of this indictment.

Law and Order: Rochester teen accused of entering Batavia HS to fight student

By Howard B. Owens
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  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

Law and Order: Batavia man charged with third-degree assault, also trio nabbed after allegedly shoplifting from Kohl's

By Billie Owens

Brad L. Ohlson, 38, of Walnut Street, Batavia, is charged with third-degree assault. He was arrested on Nov. 20 after an incident occurred at 3:51 p.m. on Central Avenue. It is alleged that Ohlson struck another person, causing the person to fall and strike a door, causing physical injury to that person. Ohlson was issued an appearance ticket and is to be in City Court on Dec. 8. The case was handled by Batavia PD Officer Chad Minuto, assisted by Officer Mitchell Cowen.

Christopher J. Simmons, 42, of Wayneport Road, Macedon, Leanna J. Williams, 25, of St. Paul Street, Rochester, and Anthony J. Stagnitto, 26, of West Ridge Road, Rochester, were arrested Nov. 21 after the trio was allegedly involved in shoplifting at Kohl's department store in Batavia. The vehicle used in the crime was stopped on Noonan Drive near the intersection of Oak Street by city Police officers. It is alleged that Simmons entered the store and removed items while Williams drove the getaway car, picking Simmons up by the front doors and speeding away. Stagnitto was a passenger and identified himself falsely as another person because he had a felony arrest warrant out of Monroe County for him. Stagnitto was turned over to the Monroe County Sheriff's Office and is charged with criminal impersonation, a misdemeanor. Simmons was jailed without bail and is to reappear in Town of Batavia Court on Nov. 30. He is charged with a felony -- fourth-degree grand larceny, and he was also issued an appearance ticket for criminal possession of a controlled substance, 7th, which is a misdemeanor, and is due in City Court on Dec. 14. Williams was issued an appearance ticket for fourth-degree grand larceny, a felony, and is due in Town of Batavia Court on Dec. 17. The case was investigated by Sheriff's Deputy Rachel Diehl and Deputy John Baiocco, assisted by Deputy Christopher Parker, and Batavia PD officers Marc Lawrence and Frank Klimjack.

James A. McCormick, 23, of Kendall Road, Churchville, is charged with moving from lane unsafely, driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent of higher at the time. He was arrested after a motor-vehicle accident at 12:43 a.m. on Nov. 22 on North Lake Road, Bergen. His vehicle went off the roadway and struck a utility pole. He was issued an appearance ticker for Town of Bergen Court at a later date and time. The case was handled by Sheriff's Deputy Andrew Hale, assisted by Deputy Joseph Corona.

Armand M. Gioia, 28, of Hall Street, Batavia, is charged with driving without a license, driving while intoxicated -- first offense, operating a motor vehicle with a BAC of .08 or more -- first offense, and unsafe backing of a vehicle. Gioia was stopped at 1:20 p.m. on Nov. 15 on East Main Street, Batavia, after he allegedly struck another vehicle in the parking lot of a local restaurant. He is to be in City Court on Dec. 2. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Marissa Anne Brennan, 22, of North Byron Road, Byron, is charged with fourth-degree grand larceny. She was arrested at 2 p.m. on Nov. 17 for allegedly stealing property in excess of $1,000 in value. She was put in jail on $2,500 bail. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy James Diehl.

Randy Dumbleton Jr., 32, of 3322 W. Main St., Batavia, is charged with criminal possession of a controlled substance, 3rd, a Class B felony, unlawful possession of marijuana, and criminal use of drug paraphernalia, 2nd. During a residence check on Nov. 21 at 7:26 a.m. by NYS Parole, the subject was allagedly found to possess a quantity what is suspected to be crack cocaine and marijuana. He was taken into custody and given no bail. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Chad Minuto.

A 16-year-old who lives on Central Avenue in Batavia is charged with disorderly conduct for fighting. The teen was arrested on Nov. 19 at Batavia High School for fighting with another student in the hallway. The teen was issued an appearance ticket and released. The case was handled by Batavia PD Officer Marc Lawrence.

Frank Lynn Morrison, 34, of West Main Street Road, Batavia, was arrested on a bench warrant for failing to appear in court on a charge of third-degree aggravated unlicensed operation of a vehicle. Arfter being arraigned in City Court, he was released and went to the City Clerk's Office and posted a fine of $135. He is scheduled to pay the remainder of his fines in increments. A return court date was not set. The case was handled by Batavia PD Officer James DeFreze.

Joshua M. Pierce, 20, of Meadowbrook Terrance, Corfu, is charged with unlawful possession of marijuana and speeding. On. Nov. 22, at 9:39 a.m. Pierce was stopped on Denio Street by Batavia PD for a speed violation. At that time, Pierce was allegedly found to possess marijuana. He was issued an appearance ticket and in due in City Court on Dec. 8. The case was handled by Batavia PD Officer Arick Perkins.

Jeremy David Holmwood, 24, of Corinthia Street, Lockport, is charged with possession of a hypodermic instrument. He was arrested on a bench warrant for allegedly failing to appear on previous charges on Nov. 4. He was jailed on $1,000 bail. The case was handled by Sheriff's Deputy Ryan DeLong.

Chong Christian Nimora, 35, of Metropolitan Drive, Rochester, was arrested on a bench warrant out of Town of Batavia Court for a charged on Nov. 7 of petit larceny. She was released on her own recognizance. The case was handled by Sheriff's Deputy Ryan DeLong.

Bleyke Z. Culver, 19, of Ellsworth Avenue, Batavia, was arrested after a bench warrant was issued through City Court for Culver's alleged failure to pay a fine in regards to owning/harboring an unlicensed dog. He posted bail and was released and is to return to court on Dec. 8. The case was handled by Batavia PD Officer Jamie Givens.

Attica woman who tried to bite nurse at UMMC pleads guilty and sentenced in same day

By Howard B. Owens

An Attica woman who was arrested for attempting to bite an emergency room nurse and punching her several times in the stomach will spend at least a year-and-a-half in State Prison after pleading guilty this morning to attempted assault in the second degree.

In an unusual twist, she was also sentenced today.

Kerri L. Forsberg, 43, of Alexander Road, Attica, who appeared in court in a wheelchair, has medical issues that meant she couldn't be housed in any of the county jails Genesee County uses to hold female inmates. In those circumstances, the state will hold an unsentenced inmate, and at no cost to the county, said District Attorney Lawrence Friedman.

The difficulty, however, is that Forsberg was held in Bedford, and Genesee County deputies were required to take her back and forth between the prison and her court appearances.

So some of her appearances were actually waived, including her plea-cutoff. She was planning to take her case to trial, Friedman explained, but when she changed her mind and decided to take the plea offer, arrangements were made for Forsberg to enter her plea and be sentenced on the same day.

Friedman said the Probation Department was "great" for their handling of the expedited pre-sentence investigation. Investigators obtained the case file this morning, combined it with Forsberg's PSI from a previous case in Wyoming County, and were able to meet the deadline of 4 p.m. for the completed report.

Forsberg is eligible for release in one-and-a-half years, but could serve up to three years. She was sentenced as a second felony offender.

She was arrested in early July for attempting to bite a UMMC nurse and punching her in the stomach.

Driver in fatal Bethany crash enters guilty plea to vehicular manslaughter

By Howard B. Owens
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   Hannah Dibble

The driver in an accident in Bethany in February that claimed the life of an 18-year-old Genesee Community College student entered a guilty plea in County Court this morning to one count of second-degree vehicular manslaughter and DWI with a plea deal that caps her sentence to six months in county jail and five years on probation.

Hannah C. Dibble, 22, of Corfu, will also lose her driver's license and any vehicle that she might drive will be required to have an interlock ignition device.

After going through a series of alcohol-rehabilitation treatments, Dibble was scheduled to appear in court this morning with her attorney Benjamin Bonarigo on a hearing for motions to suppress some evidence in the case, but when the case was called, ADA Will Zickl told Noonan a plea deal had been reached in the case.

Dibble was at the wheel of a 1997 Chevrolet Geo on Feb. 21 when it crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

There were four passengers in her car at the time, including Alyson D. Krzanak, 18, of Corfu, who died as a result of injuries sustained in the crash. Suffering serious physical injuries in the collision Feb. 21 were James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

Bonarigo informed the court that Dibble remains in in-patient treatment and will enter a halfway house shortly after the first of the year.

The terms of the sentence are known as "shock probation," giving a defendant a taste of jail and five years of rules to follow and monitoring after release.

Sentencing is scheduled for Feb. 23.

After the case was adjourned, Judge Robert C. Noonan told Dibble, "I'm happy to see the recent report (on her progress), especially after the stumble you took early on, so keep on the right track."

Three young men accused in assault enter guilty pleas

By Howard B. Owens

Three men accused of assaulting another person April 29 on Holland Avenue entered guilty pleas in County Court this morning, though they did not admit to the actual crime.

Under an Alford plea, the defendants pled guilty because they believe a jury would likely convict them based on available evidence, but did not admit to the facts leading to the charge. 

The young men, Terrance M. SchrammTerrence D. Johnson, and Leonard A. Johnson III entered guilty pleas to second-degree assault under terms that would cap their sentences of six months in jail and five years probation, a term known as "shock probation," which is intended to give defendants a taste of confinement and monitored terms of behavior following release.

The victim in the case suffered an orbital fracture and lost of range of motion in one shoulder, said District Attorney Lawrence Friedman.

Witnesses said they saw four or five young men beating and kicking the victim.

The victim identified the defendants as three of the people who attacked him, but the other possible attackers have not been identified.

Previously: Grand Jury: Three men indicted for first-degree gang assault

Law and Order: Batavia woman charged with two felonies, one misdemeanor after DSS investigation

By Billie Owens

Sarah Wilson, 31, of West Main Street, Batavia, is charged with two felonies and a misdemeanor following a joint investigation by the Genesee County Department of Social Services and the Genesee County Sheriff’s Department. Wilson is charged with one count of criminal possession of a forged instrument, 2nd, one count of offering a false instrument for filing, 1st, both of which are felonies, one count of petit larceny. The investigation started after a Social Welfare Examiner at Genesee County Social Services noticed several inconsistencies in a medical statement Wilson had submitted to the department, which Wilson claimed had been completed by a local doctor. The investigation that followed revealed the medical statement allegedly had not been completed or signed by the doctor. Wilson was arrested by Sheriff's Investigator Joseph Graff and jailed on $1,000 bail. She is scheduled to reappear in Batavia Town Court at 2 p.m. on Dec. 8.

Lee A. Baxter, 31, of Central Avenue, Batavia, is charged with obstructing governmental administration, 2nd, third-degree assault, and unlawful possession of marijuana. Baxter was arrested at 2:40 p.m. on Nov. 19 following a reported on a domestic incident which had allegedly become physical. Batavia police patrols arrived and allegedly observed a physical altercation between "Baxter and another female." Baxter was put in Genesee County Jail on $2,000 bail. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Cody A. Bush, 29, of Walnut Street, Batavia, is charged with two counts of criminal sale of a controlled substance, a Class C felony. It is alleged that he sold a quantity of suboxone, which is a controlled substance, in and around the City of Batavia and the Town of Elba  to an agent of the Genesee County Local Drug Enforcement Task Force. The DA's Office assisted in the investigation. The defendant was already in GC Jail on related charges when he was arrested Monday by Sheriff's deputies and arraigned in City Court on one count and then transferred to Elba Town Court where he was arraigned on the other count. He was taken back to jail.

Patrick Antonio Griffin, 46, of Saint Petersburg, Fla., is charged with: first-degree aggravated unlicensed operation; operation of a motor vehicle with a BAC of .08 or more, first offense; driving while intoxicated, first offense; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and having non-transparent window tint. Griffin was arrested at 1:09 p.m. on Nov. 14 on Ledge Road in Alabama. He was put in Genesee County Jail in lieu of $2,500 bail. The case was handled by Sheriff's Deputy Joseph Corona.

William David Conner, 64, of Harris Road, Le Roy, was arrested at 6:31 p.m. on Nov. 14 on Linwood Road in Le Roy and charged with: driving while ability impaired by alcohol, drinking alcohol in a motor vehicle while on a public highway, failure to dim headlights, and having inadequate tail lamps. He is to reappear in Le Roy Town Court on Dec. 21. The case was handled by Sheriff's Deputy Joseph Corona.

Michael William Godden, 38, of Edgemere Drive, Rochester, was arrested Nov. 18 at 11 p.m. after being stopped on Route 490 in West Bergen. He is charged with driving while intoxicated, first offense, refusal to take a breath test, and operating a motor vehicle without an inspection certificate. He was released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy Joseph Corona.

A 17-year-old male who resides in Batavia is charged with criminal contempt, 2nd, and fourth-degree criminal mischief. He was arrested Nov. 18 after allegedly breaking a window at his mother's residence and then proceeding to yell at her and call her names, in violation of an order of protection which had been issued on Oct. 29 and was valid until 10/29/16. He was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Frank F. Sposato III, 21, of Irwin Place, Huntington, was arrested today at 1:49 p.m. and charged with speeding and second-degree aggravated unlicensed operation. He was arrested following a traffic stop at 20 W. Main St. in Batavia and put in jail in lieu of $250 bail. The case was handled by Batavia Police Officer Eric Foels.

Kevin R. Larsen, 38, of Hall Street, Batavia, was arrested on Nov. 16 on a bench warrant, which was issued following an incident that occurred on Nov. 5 on Swan Street. He was put in jail in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Eric Hill.

Law and Order: Batavia man charged with five felonies in connection with 2014 Stafford burglaries

By Billie Owens

Paul M. Gelardo, 30, of Valley View Lane, Batavia, is charged with: three counts of third-degree burglary, which are Class D felonies; one count of second-degree criminal mischief, also a Class D felony; and one count of fourth-degree grand larceny, a Class E felony. His arrest concludes several investigations in the Town of Stafford. It is alleged that between April and September of 2014 that Gelardo unlawfully entered three separate buildings and removed items from them and also damagedf equipment at a stone quarry when he was allegedly removing wire from it, according to a Sheriff's Office press release from Chief Deputy Jerome Brewster. Gelardo was identified as a suspect when DNA found at one of the burlgaries allegedly matched his. None of the missing items have been recovered. Gelardo was put in jail in lieu of $10,000 bail and is set to reappear in Stafford Town Court at 9 a.m. on Thursday, Dec. 10.

Lena Marie Evans, 28, of Vine Street, Batavia, is charged with making graffiti and third-degree criminal trespass. Today (Nov. 19), following the investigation of a graffiti and trespassing complaint near Route 98 in the Town of Batavia on CSX Railroad property, Evans was arrested on these charges. She allegedly went on railroad property without permission at 8 p.m. on July 15 and painted graffiti on a building. She was issued an appearance ticket and is scheduled for Town of Batavia Court at 1 p.m. on Thursday, Dec. 10. The case was investigated by Sheriff's Deputy Saile.

John Wesley Johnson, 59, of Pearl Street, Batavia, is charged with petit larceny, aggravated unlicensed operation, 3rd, and operating with a suspended registration. Johnson was arrested on Nov. 11 for allegedly stealing about $66 worth of merchandise from Walmart before leaving the story. He was stopped by Batavia Police Sgt. Dan Coffey and then arrested and jailed in lieu of $250 bail. The case was investigated by Sheriff's Deputy Christopher Parker assisted by Sgt. Coffey.

Paul A. Russo, 40, of Frewsburg, was arrested by state Troopers on Nov. 17 and charged with petit larceny. An arrest warrant was issued after he allegedly swapped his used sneakers for a pair of Nike Flex valued at $70 from Kohl’s Department Store on Oct. 23. No further information was released.

UPDATED: Two people facing drug sale charges

By Howard B. Owens
mug_donniearmstrong_nov2015.jpg
mug_l_fletcher_nov2015.jpg
   Donnie Armstrong     Laura Fletcher

Two people were arraigned on drug dealing charges in County Court on Wednesday, following their arrests on warrants the night before.

Information on the investigation leading to their arrests has not yet been released.

Charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a narcotic drug with intent to sell, both Class B felonies, is Donnie Armstrong, 43, of East Main Street, Batavia. Armstrong is being held on $10,000 cash bail or $20,000 bond.

Also charged is Laura L. Fletcher, 41, of Holley Street, Lockport. She is charged with criminal sale of a narcotic drug and criminal possession of a narcotic drug with intent to sell. Her bail is $10,000 bash or $20,000 bond.

It's unknown at this time if the cases are related.

UPDATE 3:50 p.m.: The arrests of Donnie Armstrong and Laura L. Fletcher were made after the conclusion of an investigation into the sale of "crack" cocaine in and around the City of Batavia, according to a press release this afternoon from the Sheriff's Office. The investigation was done by the Genesee County Local Drug Enforcement Task Force -- comprised of officers from the Sheriff's Office, Batavia Police NET and Le Roy Village PD. The task force was also assisted in the investigation by state Parole and the DA's Office.

Bethany man sentenced on child assault charge

By Howard B. Owens

A 25-year-old Bethany man who was charged in January with reckless assault of a child and later accepted a plea deal was sentenced in County Court on Tuesday to one-and-a-third to four years in prison.

Anthony Dibble entered his guilty plea six weeks ago to attempted assault on a child in the second degree.

Dibble was accused of causing a brain injury to a 2-year-old female.

The child was said to be recovering from her injuries at the time of Dibble's initial arrest, said ADA Will Zickl at the time.

Dibble is the child's biological father, Zickl said; however, the child lives with her mother, who is not a Genesee County resident.

The parents are not married, Zickl said.

By mutual agreement, the toddler was staying with Dibble on an overnight visit in August of 2014.

Law and Order: Alexander farm worker charged in Wyoming County assault

By Howard B. Owens
mug_amartineznov2015.jpg
 Abraham Martinez

Abraham R. Martinez, 31, of Alexander, is charged with assault, 2nd. Martinez was arrested by State Police following a month-long investigation into an incident in the Town of Orangeville. A female was struck in the mouth with a bottle, resulting in the need for dental surgery after she lost part of her front teeth. State Police were provided with the first and last name of a suspect but had no other information to go on. Troopers, with the assistance of Border Patrol agents, obtained information that indicated the suspect might be located at a farm in Alexander, where he had been employed for about two weeks. Martinez was located and arrested and processed in Warsaw. He was jailed on $10,000 bail.

Alicia Kimberly Urban, 30, of Main Street, Attica, is charged with petit larceny. Urban is accused of stealing $432.96 in merchandise from Kohl's.

Luke William Ritzenthaler, 32, of Route 237, Byron, is charged with aggravated family offense and criminal contempt, 2nd. Ritzenthaler allegedly had contact with a female by phone and letter in violation of a court order while incarcerated at the Genesee County Jail.

A 17-year-old resident of Exchange Street, Attica, is charged with petit larceny. The youth allegedly shoplifted at Walmart. The youth allegedly placed electronic merchandise in her purse and exited the store.

Kelvin B. Murphy, 42, of Ellicott Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Murphy allegedly pushed another person at 3:47 a.m., Nov. 8., at an address on State Street.

Gregory S. Yark, 51, of Roosevelt Avenue, Batavia, is charged with criminal possession of stolen property. Yark was arrested on a warrant. He was jailed on $1,000 bail. Yark was also charged with possession of a hypodermic instrument and criminal use of drug paraphernalia. Yark was allegedly found in possession of these items at the time of his arrest.

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