crime

A second autopsy to try and determine when and how a baby died has been ordered for the infant found in the Liberty Street apartment of 28-year-old Christina Colontino.

Colontino was arrested in late August on a charge of second-degree murder.

The first autopsy was unable to establish with scientific certainty whether the baby was born alive, so Colontino, who had been held without bail, was released from jail. 

Judge Robert C. Noonan signed the order.

The next scheduled court appearance for Colontino, who is still facing a murder charge, is Thursday.

(via The Batavian's news partner, WBTA)

Previously:

• Liberty Street resident accused of murdering infant
• Hearing for murder suspect moved to Thursday
• Authorities can't prove live birth, so mother charged with murder released from jail
• No information forthcoming on why arrest made on murder charge before ME's report
• Candlelight vigil in Austin Park memorializes infant whose cause of death is undetermined

Kerri Lynn Forsberg, 43, of Fargo Road, Stafford, is charged with assault, 2nd. Forsberg was arrested on a warrant after she called 9-1-1 to report a disturbance. She was jailed on $100,000 bail.

Kristen M. Reilly, 18, of Bethany, is charged with driving while impaired by drugs. Reilly is accused of driving under the influence of marijuana. Reilly was arrested by State Police following a report of a one-vehicle accident on Mengs Road, Attica. Reilly allegedly suffered a knee injury and was transported to Wyoming County Community Hospital where a drug enforcement officer conducted an interview. She was also charged with failure to keep right and speed not reasonable and prudent.

Xavier Melendez, 28, of Reading, Pa., was arrested as a fugitive after being stopped by State Police on Route 63, Pavilion, for allegedly speeding. Melendez was allegedly wanted in Reading for escape after allegedly fleeing from police officers during a traffic stop. He was jailed in Genesee County on $1,000 bail and extradition will be arranged.

A 17-year-old of Batavia is charged with criminal possession of stolen property. The youth was observed on surveillance video leaving a room at Batavia High School with an allegedly stolen laptop and power cable and was arrested by State Police. The laptop was returned to the school. The youth was also arrested by Batavia PD and charged with petit larceny.

Luis Alberto Sauceda, 35, of South Wayne Street, Phelps, is charged with confinement of companion animal in a vehicle. Sauceda allegedly left a Chihuahua puppy in a vehicle on Labor Day while his family was inside Darien Lake Theme Park. Deputies were alerted by Darien Lake security staff. Deputies Chris Parker and Andrew Hale responded, provided the puppy with appropriate care and the dog was then transported to the Genesee County Animal Shelter.

Beau Thomas Bressler, 28, of Big Treet Road, Pavilion, is charged with felony DWI (two prior convictions in previous 10 years), felony driving with a BAC of .08 or greater, speeding, failure to keep right, unlicensed operation. Bressler was stopped on Route 20, Bethany, at 10:37 p.m. Saturday by Deputy Matthew Fleming. Bressler was jailed on $5,000 bail.

William H. Swader, 66, of Cedar Street, Akron, is charged with harassment, 2nd. Swader was allegedly involved in a road rage incident at 3:45 p.m. Friday on West Main Street, Batavia.

A 17-year-old resident of Walnut Street, Batavia, (name redacted by Batavia PD) is charged with trespass. The youth allegedly went onto a property posted with no trespressing signs and went onto the front and back porches and looked through the windows at the side of the residence.

Ashley A. Goodenow, 24, of Bank Street, Batavia, is charged with petit larceny. Goodenow allegedly stole $50 from her employer.

Lori A. Brightenfield, 55, of Maple Street, Batavia, is charged with criminal trespass, 2nd. Brightenfield allegedly entered the residence of her ex-boyfriend on Thorpe Street without permission and remained after being advised to leave. Brightenfield was released under supervision of Genesee Justice.

Eugene L. Sumeriski, 36, of Olyn Avenue, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and disobeying traffic control device. Sumeriski was stopped at 1:34 a.m. Saturday on West Main Street, Batavia, by Office Darryle Streeter after allegedly being observed driving at a high rate of speed.

Tiffany Ann Reed, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Reed allegedly violated a stay away order of protection She was jailed on $5,000 bail.

Tammy L. Plesczynski, 38, of East Main Street, Batavia, is charged with petit larceny. Plesczynski was arrested on a warrant by parole officers and turned over to Batavia PD. He was jailed without bail.

Joshua S. Martaus, 32, no permanent address, Batavia, is charged with petit larceny and resisting arrest. Martaus is accused of shoplifting from Tops and trying to steal $64.29 in merchandise. Martaus was located by Deputy Chris Parker and Officer Frank Klimjack at a local restaurant and allegedly resisted arrest. He was jailed on $1,000 bail.

Austin C. Durham, 20, of Oak Street, Batavia, is charged with petit larceny and conspiracy, 6th. Durham is accused of assisting another person in stealing 30 packs of beer from Tops.

Elijah J. Richardson, 18, of Maple Street, Batavia, is charged with owning an unlicensed dog. Richardson was allegedly found walking an unlicensed dog on MacArthur Drive.

Misty Dawn Brabon, 35, of Marshall Road, Lyndonville, is charged with petit larceny. Barbon allegedly stole $168.28 in merchandise from Walmart.

Amanda Rose McDonald, 33, of Pearl Street, Batavia, is charged with petit larceny. McDonald is accused of stealing $88.44 in merchandise from Walmart.

A 16-year-old resident of West Main Street Road, Batavia, is charged with harassment, 2nd. The youth allegedly threatened a woman.

Veronica Mabel Blackwood, 26, of Sterling Place, Brooklyn, is charged with petit larceny. Blackwood allegedly stole $25.09 in merchandise from Walmart.

Lauren S. Murphy, 19, of West Buffalo Street, Warsaw, is charged with unlawful possession of alcohol under age 21. Murphy was charged following an investigation into a motor-vehicle accident at 4:25 a.m. Sept. 13 on Vernon Avenue, Batavia.

A 17-year-old resident of Batavia (name redacted by Batavia PD) was arrested on a warrant for alleged failure to appear in City Court. He was jailed on $5,000 bail or $10,000 bond.

Nathaniel L. Beglinger, 24, of Peaviner Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater. Beglinger was allegedly involved in a one-car property damage accident at 2:20 a.m. Sept. 13 on Vernon Avenue, Batavia. The accident was investigated by Officer Felicia DeGroot.

Jennifer Lyn Stack, 29, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing the beverage Red Bull from a local store.

It's been just over a week since Rocky joined our family and during the week I've been asked several times how he's doing.

He's doing great. He's fit in well.

He and Pachuco are getting along fine. As for the cats, they've gotten used to him. If they challenge him, he backs down. If they run, he gives chase, and a sharp "no" usually ends the chase.

He's a ball of energy at times. He's loving and loves to be a companion. 

When we got him, his only apparent discipline training was "sit." I almost have him doing "down" pretty well now. He's walking on leash 100-percent better, at my side with no tugging.

In other words, he's displayed no apparent behavioral problems.  

One thing I forgot to mention in our post about adopting Rocky is a big thank you to the volunteers with Volunteers for Animals and the staff at the Animal Shelter. They obviously did a great job caring for Rocky and they were so, so helpful during our adoption process, full of information and useful advice.  

Previously:

• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

Sheriff's deputies and Batavia PD State troopers are in the area of Office Max on Veterans Memorial Drive and the Batavia Downs parking lot on Park Road looking for a possible criminal suspect, perhaps for shoplifting at a nearby store.

One subject is apparently in custody and the second suspect may have been spotted, but not yet apprehended.

The only description we have at present is that he was wearing a white shirt that was tucked in and he untucked it when he started running.

UPDATE 3:30 p.m.: The suspect reportedly attempted to leave a store with about $930 in merchandise.

UPDATE 3:22 p.m. (By Billie): The shoplifting suspect being pursued by law enforcement is believed to have crawled inside a drain pipe by Kohl's department store on Veterans Memorial Drive. They have called the Town of Batavia Fire Department to the scene the help apprehend the man. He is described as white, wearing a black short-sleeved, V-neck shirt, having on sunglasses, dress slacks and black sneakers. He is said to have both arms heavily inked with nearly complete tattoo "sleeves."

UPDATE 4:05 p.m.: The suspect is believed to have stolen goods from Kmart.

Photos by Howard Owens.

UPDATE 4:23 p.m.: The suspect is in a drain pipe tunnel. Here responders are trying to communicate with him from a manhole in the parking lot. They are yelling down to him. If he's still down there, he's not responding.

UPDATE 6:17 p.m.(By Howard): At the time I left the scene, 45 minutes ago, the subject still hadn't been located. We have no update since. Here are more photos. We'll provide updates as new information becomes available, but we won't have anybody at the scene for the rest of the incident.

UPDATE 6:30 p.m. (By Billie): Mercy medics are called to stand by at the scene per law enforcement.

UPDATE 8:13 p.m.: The suspected thief is in custody and at the time of his arrest suffered from mild hypothermia. The assignment is back in service.

UPDATE 8:35 p.m.: Here's a statement from Sheriff Gary Maha issued in response to a query from Howard at 8:24 p.m.: "Two deputies went down into the drain pipe and found the guy. They pulled him out and he was unresponsive at first. He would have died down there. Taken to UMMC. A press release is being prepared by the Sergeant."

UPDATE: Video shot by Dan Fischer, WBTA ((NOTE: we replaced the original version of the video we posted with a new version from WBTA))

The suspect is identified as Wayne L. Rinker, 30, of Shadowwood Lane, Webster. He's facing larceny and conspiracy charges. He was taken to UMMC by Mercy EMS. The deputies who crawled through the storm drains to locate him were Chad Cummings and Michael Lute. They located him barely conscious. The deputies secured a rope to him and he was brought to the other end of the pipe, about 100 feet away, where Deputy Rich Schildwaster and Sgt. Thomas Sanfratello were located. He was pushed and pulled to an opening where he was lifted out. Assisting the Sheriff's Office at the scene were NY State Police, Batavia PD, COR Plaza security personnel, Town of Batavia Water Department, and Greg Post of General Services (providing the sewer camera).

On at least two occasions in recent days, local residents have confronted unwanted guests in their homes in Batavia.

In one case, a suspect was arrested, but in the other, where items were actually stolen, the case remains under investigation.

In the case where an arrest was made, the break-in was reported on The Batavian as it happened and police soon took 53-year-old Stacey Williams into custody. Williams is charged with criminal trespass.

He is accused of attempting to enter the Washington Avenue home of Rich Richmond, a candidate for City Council.

The second case we heard about from the resident who had her wallet stolen.

The woman and her husband became aware of the intruder and her husband was able to tackle him, she said, but then he got loose. Her husband chased him in his car, but lost him on Jackson Street. He came across three Batavia PD patrol vehicles on Jackson, but the woman isn't aware what the police did from that point.

Chief Shawn Heubusch said that case is under investigation, but no arrest has been made.

The woman said the suspect matches the description in the Washington Avenue case, but Heubusch said investigators don't believe at this time that the cases are related. 

The woman said her home was broken into about 4:30 a.m., Wednesday.

"I live on the Southside of town and I would like for my friends and neighbors who live on that side to just be aware," the woman said. "This guy obviously had to be hyped on drugs as he walked right past my husband laying on the couch and walked right through the kitchen, which had lights on, to my dining room, where my purse was located, and our bedroom was off to the side from that -- a very bold individual and we don’t know if he is still out there or not."

Heubusch said he is unaware of any similar criminal complaints in the past few days.

A caller on Washington Avenue in the city just reported that a black male attempted to enter the house via a kitchen screen door. He fled, leaving the door open, and got on a dark-colored bike and was heading toward Dellinger Avenue. He is described as black male, mid-30s, wearing dark clothes and a baseball cap. Police are responding.

A little more than a year ago, Batavia PD installed a surveillance camera on State Street near Hutchins Place, but Chief Shawn Heubusch said that a year's worth of use hasn't produced enough data to say if it's worthwhile for the city to invest in more such cameras for other locations.

There have been no criminal convictions resulting in use of the camera.

"A lot of times we look back and review footage and see if somebody is involved or not involved (in an incident)," Heubusch said. "It's always good to take a look back when you have video evidence of something."

Heubusch wouldn't reveal whether the camera's feed is regularly monitored, if whole periods of time are regularly reviewed, or if it's only reviewed in the case of specific incidents reported.

Making light of his reluctance to discuss that point, he said, "I don't know if I want to give any secrets away."

The camera was installed in August 2014 because that particular area had been a source of numerous calls for police service in the proceeding months.

Asked if he'd like more cameras, Heubusch said, "we're still evaluating this one."

"It's been up about a year," Heubusch said. "I don't know if that's the perfect time frame for an evaluation period. If it proves its worth, then yes."

The department also has available for patrols a number of body cameras, but not enough for every officer to wear them on every shift.

While body cameras have been touted in the national debate over police conduct, Heubusch said that's not why he wants his officers to wear them.

"The whole premise for my bringing body cameras to the City of Batavia was to collect evidence," Heubusch said. "It wasn't to monitor my officers. I don't think they need that. What it (the camera) does is collect evidence that can subsequently be used at trial or a proceeding so the officer's recollection is always there. You have it in black and white."

Rachael A. Glavin, 36, of Rochester Street, Bergen, is charged with third-degree grand larceny, a Class D felony. She was arrested at 7:15 p.m. on Sept. 14 and arraigned in Bergen Town Court, then released under supervision of the Probation Department. She is to be in court again on Oct. 14. She is accused of stealing $3,500 in cash from a business in Bergen where she was employed. She allegedly stole money on numerous occasions during her employment over a six-month period from January through June. The case was handled by Sheriff's Investigator Kristopher A. Kautz and Deputy Jason Saile.

Cody Daniel Edward Mayer, 23, of South Lake Street, Bergen, is charged with possession of a hypodermic instrument, unlawful possession of marijuana, and second-degree aggravated unlicensed operation. On Sept. 14, he was arrested following a traffic stop on Route 237, Byron. It is alleged that Mayer possessed a hypodermic needle unlawfully along with marijuana and that he was operating a motor vehicle on a public highway while his driver's license with suspended a total of 10 times on six separate dates. He was issued an appearance ticket returnable to the Byron Town Court Oct. 26. The case of investigated by Sheriff's Deputy Joseph Corona.

A local man was charged with unauthorized use of a vehicle after a car he allegedly took from a relative was identified as a vehicle involved in a drive-by shooting in Rochester.

The State Police did not release details on the Rochester case, which is being investigated by the police department there.

Arrested and jailed on $1,000 bail was Ryan M. Bobzin, 26, of Byron. 

No further details released.

Roberta Susan Dwello, 55, of State Route 104, Williamson, is charged with possession/transportation of more than 10,000 untaxed cigarettes and criminal tax fraud. Dwello was stopped on Route 77, Pembroke, at 12:20 p.m. Sunday by Deputy Joseph Corona. Dwello was allegedly found with 27,000 in untaxed cigarettes and is accused of selling untaxed cigarettes for financial gain.

Bobbisue Butler, 32, of Byron Holley Road, Byron, is charged with petit larceny. Butler is accused of shoplifting from Walmart.

Matthew Christopher Moy, 22, of Glidden Road, Holley, is charged with promoting prison contraband, 1st. Moy was allegedly found with a pocketknife while inside the jail.

Kivon Alijah Orr, 18, of Kelly Street, Bronx, is charged with trespass. Orr was allegedly in a dorm at College Village without permission.

Mark David Jackett, 45, of Sunrise Parkway, Oakfield, is charged with criminal contempt, 2nd. Jackett allegedly had unwanted contact with a protected party.

Ryan M. Bobzin, 26, of Byron, is charged with unauthorized use of a motor vehicle. Bobzin was arrested by State Police for an alleged incident reported at 1:20 p.m., Sept. 8. No further details released.

Scott Edwin McKenzie, 29, of South Pearl Street, Oakfield, is charged with forcible touching. He was arrested Sept. 6 on Sunset Parkway Road in Oakfield after he allegedly touched the intimate parts of an acquaintance without permission. He was subsequently issued an appearance ticket and will return to Oakfield Town Court on Sept. 14. The case was investigated by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Joseph Corona.

Austin M. Bartz, 19, of Trumbull Parkway, Batavia, is charged with third-degree attempted assault. On July 27 at 12:45 a.m. on Harvester Avenue, Bartz was arrested following a verbal altercation. Bartz, aided by another person, allegedly punched and/or kicked another person. He was issued an appearance ticker and is to appear in City Court on Sept. 15. The case was investigated by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Kyle L. Michaels, 17, of Edward Street, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. He was arrested at 9:19 p.m. on Sept. 7 following a domestic incident wherein he allegedly damaged a vehicle and struck a person. He was transported to BPD where he was processed and released on an appearance ticker. He is scheduled to appear in City Court on Sept. 22. The case was investigated by Batavia PD Officer Felicia DeGroot, assisted by Officer Christopher Camp.

Kevin J. Cummings, 38, of Wood Street, Batavia, is charged with DWI, and aggravated DWI, per se for having a BAC of .18 or more, with no priors. Cummings was arrested Sept. 5 following an investigation into a 9-1-1 open line hang up. He was released from custody and directed to appear in Batavia City Court on Sept. 23. The case was investigated by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Darryle Street.

Robert Ernest Saari, 33, of Meiser Road, Corfu, is charged with failure to appear. He was arrested on Aug. 9 after he was released from GC Jail on an unrelated matter. He had an arrest warrant for failing to appear at Batavia City Court to answer a charge of second-degree aggravated unlicensed operation. He is scheduled to be in City Court on Sept. 15. The case was investigated by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

William B. Coley, 45, of Platt Street, Albion, failed to answer a petit larceny charge at Batavia City Court back in February. The court issued a bench warrant for his arrest. On Sept. 8, Coley was located by the NY State Police and turned over of Batavia Police Officer Frank Klimjack. He was put in jail in lieu of $2,500 cash bail.

Reginald C. Sampson, 49, of 1/2 Hutchins St., Batavia, is charged with criminal contempt of court. He allegedly intentionally refused to obey a Grand Jury subpoena that was properly served directing him to appear in Batavia City Court at noon on Aug. 18. He was arrested on Sept. 9 and arraigned before Judge Balbick in City Court then released on his own recognizance. The case was investigated by Batavia PD Officer Frank Klimjack.

Juan Antonio Claudio, 47, of Mill Street, Akron, is charged with third-degree aggravated unlicensed operation stemming from an incident on East Main Street in Corfu on April 14. He was arrested on Sept. 10 on a warrant out of the Town of Pembroke and put in jail on $500 cash bail or $5,000 bond. He is scheduled to reappear in Pembroke Town Court at a later date. The case was invetigated by Genesee County Sheriff's Deputy Andrew Hale.

Remember Rocky, the dog whom authorities say was scalded by hot water? The owner and her boyfriend where charged with crimes, and the owner surrendered Rocky to the county for adoption.

Rocky walked this week in the Oakfield Labor Day Parade and I was surprised to learn nobody had shown any interest in adopting him. On the spot, he kind of muzzled his way into my heart, so after much thought and conversation with Billie and a couple of visits to the animal shelter, Billie and I decided we would adopt him ourselves.

He's a real sweetheart, very gentle, loves people and other dogs and doesn't care much about cats. We had him with Pachuco in Kiwanis Park today to ensure they would get along, and they hit it off and have been doing well together this afternoon.

We think we can give Rocky a good home.

Previously:

• Batavia couple jailed without bail after young pit bull scalded with water
• Dog burned by hot water in good spirits at Animal Shelter
• Owner of scalded dog surrenders ownership during court appearance

Press release:

Benjamin Lindke, 41, and his wife, Molly Lindke, 42, both of Lake Street Road in Le Roy were sentenced  in Genesee County Court today (Sept. 10) as a result of their guilty pleas on July 13 to a single count of offering a false instrument for filing in the first degree, a Class E felony.

Benjamin Lindke was sentenced to five years of probation and 100 hours of community service; and Molly Lindke was sentenced to five years of probation. They will also be disqualified from the SNAP (Food Stamp) program and they were ordered to pay $6,048 in restitution to the Genesee County Department of Social Services.

In November, Benjamin Lindke and Molly Lindke were both charged with five first-degree counts of offering a false instrument for filing and one count of third-degree grand larceny. The charges were filed after it was discovered that the couple had submitted various recertification forms to the Department of Social Services and failed to report Benjamin Lindke’s income from his employment and his receipt of Unemployment Insurance Benefits.

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

The woman accused of driving drunk, leading to a fatal collision in Bethany in February, has successfully completed a round of alcohol dependence treatment, her attorney told Judge Robert C. Noonan in County Court this morning.

Attorney Benjamin Bonarigo asked Noonan to release Hannah Dibble under supervision of Genesee Justice for a couple of days while she awaits placement in another treatment program.

Assistant District Attorney William Zickl said the people were willing to go along with that request.

Noonan was less sanguine.

"I apparently have more misgivings than the people," Noonan said. "Given the short time she was on RUS when she had a very serious violation, at least given the circumstances of the case, I was inclined to keep her in jail for a couple of days until a bed-to-bed transfer to Horizon was available."

Dibble will be allowed to stay at her parents' house until admitted to Horizon, but Noonan warned her that it was a 24/7 house arrest.

"If you are even on your front lawn and you are seen, you will go back to jail," Noonan said.

He told the attorneys, "I hope this doesn't result in a violation because it would be an indication she is not a candidate for anything other than long-term incarceration (if convicted)."

Bonarigo said the other members of the Dibble household have agreed to have no alcohol in the home while Hannah Dibble is staying at the residence.

In July, a Genesee County Grand Jury handed down an 11-count indictment on Dibble, including counts of manslaughter in the second degree, vehicular assault in the first degree, three counts of assault in the second degree, three counts of vehicular assault in the second degree, and two counts of DWI.

Her friend, Alyson D. Krzanak, 18, of Corfu, 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.

The time in rehab has given Dibble great insights, Bonarigo said. He said she and her family wanted to see her continue in-patient treatment because she's made good progress.

"She's making significant strides in treatment and we hope to see her continue in that direction," Bonarigo said.

John W. Walsh, 32, of Oak Street, Batavia, is charged with criminal mischief, 3rd. Walsh is accused of using a hammer to smash his apartment door, door frame, a closet door, a window frame and window blinds, causing more than $1,000 in damage. Walsh was jailed without bail. Walsh was also arrested on an open container/consuming alcohol in a public place charge for allegedly drinking alcohol on the playground at Austin Park.

Regina M. Iannello, 55, of East Main Street, Batavia, is charged with harassment, 2nd. Iannello is accused of striking her estranged husband multiple times following a verbal argument in a parked car at a location on South Main Street, Batavia.

Penny S. Hofert, 49, of East Main Street, Batavia, is charged with petit larceny. Hofert is accused of shoplifting at Dollar General.

Stacy L. Massaro, 48, of Whittler Road, Rochester, is charged with petit larceny. Massaro allegedly stole at least four packages of cookies, 11 bags of chips and salt/pepper shakers from the Homestretch Grill at Batavia Downs.

Daniel Delplato Jr., 60, of Chandler Avenue, Batavia, is charged with harassment, 2nd, disorderly conduct and violating an order of protection.  Delplato is accused of being involved in a domestic dispute over several days.

Steven Charles Coons, 44, of Slyton Road, Port Byron, is charged with criminal mischief, 4th, and attempted petit larceny. Coons was arrested on a warrant during a traffic stop in Syracuse. Coons was jailed in Genesee County on $5,000 bail.

Elaine Maria Beachy, 44, of Comet Road, Warsaw, is charged with confinement of companion animal in a vehicle in extreme temperature. Beachy was issued an appearance ticket for Oct. 1 in Town of Batavia Court after she allegedly left a cat in a vehicle Sept. 6 in a parking lot on Veterans Memorial Drive. Outside temperatures were estimated to be about 89 degrees while the interior temperature of the vehicle was estimated to be about 116 degrees. The case was investigated by Sheriff's Deputy Joseph Graff, assisted by Deputy Ann Brade.

Dennis Lee Majors, 62, of Clinton Street Road, Stafford, is charged with second-degree harassment. Majors was arrested Sept. 5 following a report of a domestic altercation wherein he allegedly grabbed and pushed another person. He was arraigned in Town of Stafford Court, released on his own recognizance, and is set to return to Stafford Court on Oct. 8. The case was investigated by Sheriff's Deputy Joseph Graff.

Eric Cosimo Pellegrino, 32, of Firestone Street, Lackawanna, is charged with driving while intoxicated, following too closely, and having a controlled substance outside its original container. Pellegrino was arrested at 11:09 p.m. on Aug. 2 on the charges following an investigation into a motor-vehicle accident on Route 77 in the Town of Pembroke. The case was investigated by Sheriff's Deputy Kevin McCarthy.

Robert T. Hanlin, 40, of Alexander, is charged with operating motor vehicle while impaired by drugs, 1st, and moving from lane unsafely. He was issued uniform traffic tickets returnable to the Town of Bergen Court on Oct. 7. On Sept. 6, Troopers responding to a 9-1-1 call of an erratic operator on State Route 33 in the Town of Bergen, were waived down by a concerned citizen who alerted them that the vehicle had driven on the opposite side of the roadway on several occasions and the operator, later identified as Hanlin was in the Bergen convenience store. Hanlin failed to properly perform field sobriety tests and was transported to SP Batavia where Genesee County Sheriff’s DRE Deputy completed a drug evaluation which indicated Hanlin was impaired by drugs and unable to operate a vehicle safely.

A 16-year-old who lives on Walnut Street in the City of Batavia was arrested Aug. 27 and charged with petit larceny. The teen allegedly stole a backpack, an iPad, and a Sumsung tablet from another person. The teen was issued an appearance ticket and is to appear in Batavia City Court on Sept. 15. The case was investigated by Batavia Police Officer Christopher Lindsay.

Malik I. Ayala, 23, of Lydun Drive, Albion, is charged with petit larceny. On Sept. 5, Ayala was arrested for allegedly stealing a bicycle on Aug. 27 from another person. Ayala was issued an appearance ticket and is scheduled to appear in Batavia City Court on Sept. 15. The case was investigated by Batavia Police Officer Christopher Lindsay.

Todd M. Holly, 50, of Lincoln Avenue, Le Roy, is charged with first-degree criminal contempt. Holly was located on Gilbert Street in Le Roy and arrested for allegedly violating a full stay away order of protection. He was transported by Batavia PD headquarters by Officer Felicia DeGroot and arraigned in City Court and then jailed without bail.

Kathryn M. Yark, 18, of Roosevelt Avenue, Batavia, is charged with third-degree unauthorized use of a vehicle. On July 18, she was arrested for using a vehicle without permission. She was located at the GC Jail visiting her boyfriend. She was transported to Batavia police headquarters, then arraigned in City Court before being jailed with bail set at $1,000. She is to be in City Court at a later date. The case was investigated by Officer Marc Lawrence.

A 17 year old from Pavilion was arrested by the Le Roy Police Department on Sept. 6 and charged with: driving while intoxicated, a Class A misdemeanor; driving while intoxicated with a BAC of .08 percent or more, a Class A misdemeanor; inadequate exhaust; insufficient tail lamps; unsafe tires; and having more than one passenger under the age of 21 while holding a DJ license, all traffic violations. The teen was arrested following numerous traffic infractions by the Le Roy Police Department. After a brief investigation the subject was allegedly found to be intoxicated. The subject was issued appearance tickets for the charges and is to appear in the Le Roy Town Court on Sept. 28. At this time the name of the defendant is being withheld because of the possibility of a youthful offender status. 

Montel Lee Cunningham, 22, of Ellicott Street, Batavia, is charged with failure to obey a child support order. He was arrested on a warrant out of Niagara County Sept. 6 following an investigation into an underage drinking party. He was turned over to the Niagara County Sheriff's Office. The case was investigated by Sheriff's Deputy Chad Cummings, assisted by Deputy Andrew Hale.

Andrew Charles Webster, 22, no address provided, is charged with petit larceny. On Aug. 30, Webster was arrested for allegedly shoplifting at Walmart and he was put in GC Jail in lieu of $500 bail. He is to reappear in Town of Batavia Court on Sept. 28. The case was investigated by Sheriff's Deputy Christopher Parker.

Jacob Nicholas Oddo, 18, of Batavia Elba Townline Road, is charged with trespass. On Sept. 5, he was arrested for allegedly being on the premises of Godfrey's Pond after being told that he needed to leave and not return. He was issued an appearance ticket to appear in Town of Stafford Court on Sept. 24. The case was investigated by Sheriff's Deputy Chad Cummings, assisted by Deputy James Diehl.

Jordan Lee Miller, 16, of Batavia Elba Townline Road, is charged with trespass. On Sept. 5, he was arrested for allegedly being on the premises of Godfrey's Pond after being told that he needed to leave and not return. He was issued an appearance ticket to appear in Town of Stafford Court on Sept. 24. The case was investigated by Sheriff's Deputy Chad Cummings, assisted by Deputy James Diehl.

Jessica M. Pfenninger, 33, of Creek Road, Batavia, is charged with failure to appear on a charge of third degree aggravated unlicensed operation of a motor vehicle. On Sept. 2, she was arrested on a warrant for failure to appear by State Police in Chili and was taken into custody by Batavia Police Officer Jason Davis in Bergen. After being arraigned, she was released on her own recognizance and is to appear in City Court on Sept. 30.

Ryan J. Adkins, 21, of Main Road, East Pembroke, is charged with failure to appear. He was arrested on a warrant from Batavia City Court for failure to appear following a traffic stop on July 23. He was jailed and released after posting $500 bail. He is scheduled to appear in City Court on Sept. 16. The case was investigated by Batavia Police Officer Stephen Cronmiller.

The following people were arrested by the Genesee County Sheriff’s Department during the Luke Bryan Concert at Darien Lake Performing Arts Center on Sept. 4.

Casey W. Ault, 25, of South Main Street, Holley, is charged with trespass, resisting arrest and criminal mischief after allegedly refusing to leave the venue area after being told to leave several times. Ault resisted arrest and damaged a fence. Casey was arraigned in Darien Court and put in jail in lieu of $500 bail.

Daniel S. Furner, 43, of Mill Hill Road, North Brookfield, is charged with second-degree criminal impersonation after allegedly identifying himself as a police officer when in fact he is not.

Bryan P. Haude, 24, of Jade Drive, Hilton, is charged with third-degree criminal trespass after allegedly reentering the concert venue after being ejected and told not to return.

Tyler C. Deets, 21, of Route 21, Williamson, is charged with third-degree criminal trespass after allegedly reentering the concert venue after being ejected and told not to return.

Julie A. Margolycz, 40, of McGuire Road, Rochester, is charged with disorderly conduct after allegedly causing a disturbance in the concert venue exit area.

Grace M. Simmons, 17, of Hemlock Road, Eden, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Aaron P. Santoro, 20, of Albano Drive, Hilton, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Rebecca L. Santiago, 29, of Main Road, Stafford, is charged with possession of stolen property, 4th, and four counts of identity theft, 3rd. Santiago allegedly stole a credit card from a person under her care while working as a health care provider in Livingston County. She allegedly possessed and used the card while in the Village of Le Roy and other jurisdictions multiple times. Santiago turned herself in to Le Roy PD and was issued an appearance ticket. Santiago was also arrested by the Sheriff's Office and charged with criminal possession of stolen property, 4th, and identify theft, 3rd. She allegedly used the stolen credit card to make purchases at Walmart.

Eric H. Pannell, 44, of Buffalo, is charged with DWI. Pannell was arrested at the Crosby's Gas Station in Corfu. Troopers reportedly observed a vehicle at the station and initiated an interview with one of the passengers. During the interview, another passenger was reportedly seen tossing a beer can out of the car. A trooper allegedly detected the strong odor of alcohol coming from Parnnell, identified as the driver. He was subjected to a field sobriety test and allegedly failed. At SP Batavia's barracks, his BAC was allegedly recorded at .17, more than twice the legal limit. He was jailed on $500 bail. Citations were issued for allegedly consuming alcohol in a motor vehicle and for littering.

Nicholas Morath, 26, of Bullis Road, Elma, is charged with DWI, driving with a BAC of .08, unregistered motor vehicle and speeding (55 in a 35 mph zone). Morath was stopped at 11:15 p.m. Thursday on Route 77, Darien, by Sgt. Ron Meides.

Eric J. Merritt, 26, of Rose Road, Batavia, is charged with criminal trespass. Merritt allegedly forced entry into a dwelling on Bank Street Road at 2 a.m., Wednesday.

Deborah Elizabeth LaMartina, 34, of Ravine Street, Rochester, was arrested on a warrant for first degree aggravated unlicensed operation, DWI and criminal possession of stolen property, 4th. She was arraigned in County Court and ordered held without bail.

Jose Antonion Martinez, 45, of Broadway Road, Alden, is charged with second-degree harassment. Martinez was being held in the Erie County Jail on an unrelated matter and was arrested on a warrant upon his release. He was arraigned and released on his own recognizance.

The following people were arrested by the Genesee County Sheriff’s Office during the Luke Bryan concert at Darien Lake Performing Arts Center on Thursday. 

Daniel J. Zybezynski, 22, of Toelsin Road, Cheektowaga, is charged with two counts of second-degree harassment after allegedly punching two CSC security officers while they were escorting another patron out of the venue.

Richard A. Anzalone Jr., 26, of Beaver Lane, Grand Island, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kapry A. Packard, 25, of Mt. Vernon Avenue, West Seneca, is charged with for unlawful dealing with a child after allegedly providing alcohol to a subject under 21.

Rita H. Buettner, 59, of Cedar Street, Akron, is charged with for second-degree harassment after allegedly punched a CSC security officer while being ejected from the concert.

Luke Bryan performs again tonight at Darien Lake. The show is sold out.

Unnamed, unknown for months, and whose death is shrouded in mystery, an infant who may never have drawn a breath in this mortal world, was memorialized Wednesday night in a candlelight vigil in Austin Park.

There were words of compassion for Christina M. Colantonio, the 28-year-old Liberty Street woman charged with murder in the second degree even as the District Attorney's Office hedges on its claim of sufficient evidence to proceed with a criminal complaint, and greater compassion expressed for the female infant who may have been stillborn, or may have been killed by her own mother, but either way, whose birth was reportedly kept secret, her body hidden in her mother's apartment for about three months.

"Tonight, we're not just out here to remember a life that really didn't have that chance (to make a decision for Christ)," said Pastor Jason Norton. "We're not going to see her pretty face run and skip in this world, and we're not going to hear her pretty voice, and we're not going to experience her here.

"But people, I tell you, she has been received into the heavenlies. I tell you, if you want to know her, then just accept Jesus and believe in him and one day you also will be there and you'll be able to embrace her."

After Norton spoke -- the last of several speakers -- the 40 or 50 people gathered carried their lit candles over to Norton's church in City Center for a reception.

Norton said their candles represented a light in this world to battle the darkness.

"I believe with all of my heart that what we're doing tonight is just not to remember her precious life, and that's why we're here primarily, but we're also here to make a bold statement to our city. We're here to make a bold statement to this region, to this community, that darkness and evil shall not prevail and have its way in this area. Amen. (Amen.) We are making a bold declaration tonight."

Earlier, Pastor Tim Young called on those assembled to pray for Colantonio and her family.

"We're here today to encourage each other," Young said. "We're here to help the family, to give them comfort in this time of need, to help them in whatever we can, to love them, as Christ loves us.

"I encouage each and every one of you in whatever way you can to reach out to this family, to Christina, also, because this lady, woman, needs lots of prayer," Young added. "She needs lots of prayer. The family needs lots of prayer. We need to help and support them in any way we can."

Tammy Arneth, of All Babies Cherished, expressed concern that an expectant mother in the community might not know of the free resources her agency provides.

The agency can help new mothers with emotional support as well as material needs, all for free, but new parents are expected to take some classes through the program.

"It breaks my heart that maybe Christina didn't know to come to see us," Arneth said, adding later, "We had more than 900 visits last year alone and obviously that wasn't enough, because if somebody in this community doesn't know to come to us for services, then we're not doing the job."

The donated stuffed toys will be given to Batavia PD so officers can hand them out to children who might need the tender care they represent in times of crisis.

Attendees had a chance to sign cards for the baby's family.

Pastor Tim Young

Pastor Jason Norton

Tammy Arneth speaking.

Stephanie Armstrong with a closing song.