Skip to main content

crime

Nine arrests reported at Zac Brown concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Sunday.

Lindsay J. Snodgrass, 19, of Park View Drive, Pittsford, is charged with criminal possession of a forged Instrument, 2nd, and false personation after allegedly providing a false date of birth and being in possession of two fraudulent Maryland driver’s licenses. Snodgrass was arraigned in Darien Court and jailed in lieu of $1,500 bail.

Maxwell A. Pigeon, 19, of Hoerner Avenue, Cheektowaga, is charged with criminal possession of a forged instrument, 2nd, obstructing governmental administration, 2nd, grand larceny, 4th, resisting arrest, tampering with evidence  and harassment, 2nd, after allegedly grabbing his fraudulent Pennsylvania driver’s license from a deputy, pushing the deputy and running away. Pigeon was arraigned in Darien Court and jailed in lieu of $2,000 bail.

Griffin J. Ryan, 19, of Shamrock Court, Hamburg, is charged with criminal trespas, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Allison R. Sherman, 39, of Brace Road, Victor, is charged with felony aggravated DWI, child less than 16 in vehicle, aggravated DWI, DWI, endangering the welfare of a child and reckless endangerment, 2nd, after allegedly striking a Darien Lake Security Officer in the leg pinning him between two cars. The investigation revealed Sherman was allegedly intoxicated and had her 13 year old son in the vehicle.

Jason M. Mittelstaedt, 42 of Tracy Street, Mittistaedt, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Michael W. Perlo, 17, of Princeton Avenue, Rochester, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Marc A. Weyl, 20, of Thornwood Circle, Pittsford, is charged with trespass after allegedly reentered the concert venue after being ejected and told not to return.

Alexandra R. Nenni, 24, of Mondaui Circle, Spencerport, is charged with criminal possession of marijuana, 5th, after allegedly being found smoking marijuana in public view.

Nicolette L. Zinone, 23, of Emjay Lane, Rochester, is charged with criminal possession of marijuana, 5th, after allegedly being found smoking marijuana in public view.

Law and Order: Batavia man arrested after argument with roommate, woman allegedly stole booze from Batavia Downs

By Billie Owens

Jason L. Perry, 20, of Batavia, was arrested for criminal mischief, 4th, after he allegedly caused damage to the apartment door and frame after a verbal argument with his roommate, according to State Police. Perry was issued an appearance ticket for Town of Byron Court on Aug. 17.

Kristen M. Stedman, 43, of Blue Aspen Way, Greece, is charged with petit larceny and failure to notify the DMV of a change of address. She was arrested Aug. 12 after Batavia Downs employees allegedly witnessed Stedman stealing alcoholic beverages from the kitchen of one of the restaurants. She was jailed in lieu of $1,000 bail. The case was handled by Batavia PD officers Peter Flanigan and Felicia DeGroot.

Meghan M. Ward, 20, of Auburn, was arrested for unlawful possession of marijuana. Ward was a passenger in a vehicle that was stopped for an improper left turn at the main entrance to Darien Lake Amusement Park. Troopers detected a strong odor of marijuana coming from the vehicle. Further investigation allegedly revealed Ward had in her possession a plastic container containing a marijuana cigarette with less than one gram of marijuana, a multicolored smoking device containing marijuana residue and a metal grinder containing loose marijuana. Ward was issued an appearance ticket for Town of Darien Court on Aug. 18. The operator of the vehicle was issued a traffic ticket.

Peter T. Bannon, 55, of East Berne, was arrested for criminal possession of marijuana and commercial vehicle violations when he was stopped on State routes 77 and 5 in Pembroke on Aug. 11. An investigation allegedly revealed about two and a half ounces of marijuana is his possession, according to State Police. He was jailed on $1,000 bail is set to be in court Sept. 8.

Dekota S. Leiser, 23, of Linwood Avenue, Warsaw, is charged with third-degree aggravated unlicensed operation of a motor vehicle after being arrested Aug. 13 on a warrant from Batavia City Court. Leiser allegedly failed to appear on the July 11 AUO, 3rd, charge, so the warrant was issued. Leiser was jailed in lieu of $500 bail and is due back in City Court Aug. 20. The case was handled by Batavia Police Officer Christopher Lindsay.

Christine M. Cordes, 30, of East Main Street, Batavia, was arrested Aug. 13 on a bench warrant for allegedly failing to appear on a traffic ticket issued Jan. 25 for third-degree aggravated unlicensed operation. She was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens.

Hannah Dibble headed to rehab in Pennsylvania

By Billie Owens

Hannah E. Dibble, pictured right, accused of second-degree vehicular manslaughter and other crimes stemming from a Feb. 21 accident, did not post bail after being jailed for violating a court order not to drink. Instead, she is being transported to a rehab facility in Pennsylvania, according to the DA's Office.

This comes within days of her supervision under Genesee Justice being revoked because she tested positive for alcohol. On Tuesday, Genesee County Court Judge Robert Noonan ordered the 22-year-old Pembroke resident held on $10,000 bail or $20,000 bond.

Her attorney, Ben Bonarigo, indicated in court that she had asked to go into rehab, that she wanted treatment.

On July 24, Dibble pled not guilty to an 11-count Grand Jury indictment that included: one count of vehicular manslaughter in the second degree; two counts of 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.

Corfu resident Alyson D. Krzanak, 18, was killed in the crash. James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20, all suffered serious physical injuries after the 1997 Chevrolet Geo that Dibble was driving crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

Nine arrests reported for Jason Aldean concert

By Howard B. Owens

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

Jacob D. Latello, 21, of Park Boulevard, Lancaster, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Latello was arraigned in Darien Court and jailed in lieu of $250 bail.

John V. Winiecki, 22, of Buffalo Street, Alexander, is charged with criminal trespass, 3rd, after allegedly reentered the concert venue after being ejected and told not to return. Winiecki was arraigned in Darien Court and jailed in lieu of $500 bail.

Edward N. Cleveland, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. Cleveland was arraigned in Darien Court and jailed in lieu of $250 bail.

Tyler T. Hosmer, 19, of Baird Road, Penfield, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Molly E. Backus, 18, of Pleasant Street, Clifton Springs, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Matthew A. Sypolt, 21, of Harris Road, Poland, is charged with two counts of harassment, 2nd, after allegedly striking two CSC security officers.

Morgan B. Wheeler, 20, of West Lake Road, Geneseo, is charged with criminal Impersonation, 2nd, after allegedly identifying herself as another by using a NYS driver’s license.

William E. Dyke Jr., 43, of South Union Street, Spencerport, is charged with harassment, 2nd, after allegedly striking another subject in the face.

Travis J. Snyder, 34, of Hertel Avenue, Buffalo, is charged with harassment, 2nd, after allegedly striking another subject in the face.

Law and Order: Man accused of stealing from tip jar

By Howard B. Owens

Jonathan H. Wojtusiak, 31, of East Avenue, Batavia, is charged with endangering the welfare of a child and petit larceny. Wojtusiak is accused of stealing money from a tip jar at a local business in the presence of his son.

Morgan L. Cox Jr., 23, of South Spruce Street, Batavia, is charged with violation of probation, harassment, 2nd, obstructing governmental administration, 2nd, resisting arrest and criminal contempt, 1st. Officer Jamie Givens and Sgt. Christopher Camp attempted to arrest Cox on a warrant at 511 E. Main St, Batavia, at 5:06 p.m., Tuesday. Cox allegedly hid in a closet of the residence and then fought and struck police officers when they attempted to place him in custody. Cox was jailed without bail.

Cheryl M. Lyons, 49, of East Main Street, Batavia, is charged with harassment, 2nd, resisting arrest and obstruction of governmental administration. Lyons allegedly interfered with an attempt by police officers to arrest another person at 511 E. Main St., Batavia, at 5:06 p.m., Tuesday.

Tyler J. Glaser, 18, of Alden, is charged with trespass. Glaser allegedly walked on another person's property on Sumner Road, Darien, and was told repeatedly to leave and didn't, so State Police were called and Glaser was arrested.

Kayla M. Geissler, 23, of Batavia, is charged with unlawful possession of marijuana, following too closely and speed not reasonable and prudent. Geissler allegedly fell asleep while driving northbound on Route 98, Alexander, causing her to strike the rear of another vehicle. Upon further investigation, a trooper allegedly found a multicolored smoking device, a purple grinder, a glass jar, with all containing less than 25 grams of marijuana. (Initial Report)

Police respond to domestic incident on East Main Street

By Howard B. Owens

We've received a couple of messages asking "what was going on at Movies in Motion?"

There was nothing going on at Movies in Motion.

Police responded to a report of a domestic incident at an apartment behind the business on East Main Street.

Batavia PD, Sheriff's Office and State Police all reportedly responded.

We'll provide additional information as it becomes available.

NOTE: The inquiries about this came 45 minutes to an hour after the incident. If you see something going on and want us to check it out, don't assume we know about it. The new radio system provides spotty coverage. It's easier for law enforcement to encrypt messages and, in some cases, law enforcement has always tried to keep radio traffic to a minimum. If you see something, say something. I can be reached at howard@thebatavian.com or you can text me at (585) 260-6970.

Police on the scout for park vandals, other crimes in parks

By Howard B. Owens

picnictables2015vandalism-2.jpg

A picnic table like this one costs up to $500 each. Of course, writing a few letters on it, or drawing a Batman symbol on it, isn't going to mean it needs to be replaced, but taxpayers did purchase it.

Saturday, John F. Brown, 56, of Woodcrest Drive, Batavia, was allegedly caught marking on a picnic table like this one at Williams Park. He is charged with criminal tampering, 3rd. 

Not the crime of the century, a fact repeatedly noted by readers on The Batavian and on The Batavian's Facebook page.

However, City Manager Jason Molino has raised the issue to City Council several times over the past two years -- the city is facing a costly problem, vandalism in the city's parks. The vandalism is costing taxpayers thousands of dollars a year, Molino said.  

"When you say vandalism, it could be broke things, it could be from people defecating on the walls in the bathroom, which they do, or writing on the walls," Molino said. "We pay to clean that up."

Vandals destroyed a $10,000 slide in Austin Park last year. Another took a baseball bat to a water fountain. It's still out of service. Tennis nets and poles have been destroyed, basketball nets ripped down and bathroom fixtures broken.

The vandalism along with other potential criminal activity in the parks has police officers being a little extra vigilant, said Molino.

"Vandalism is one thing, but there are things that happen in parks after dusk, and no one is immune to it in any community," Molino said. "You've got sometimes drug use, vandalism, other things, and the patrols being out, checking on the parks is part of their regular patrols and it is important. Making sure people aren't doing bad things there, whether it's vandalism or something else."

Chief Shawn Heubusch said he's well aware of the heightened concern about vandalism in the parks, but that isn't the only reason officers take some time as part of their regular patrols to check on the parks.

"This is a concern of the city," Heubusch said. "We're dealing with people destroying property. Are there bigger crimes out there we could be pursuing, absolutely there are, but we have to acknowledge and we have to work on all crimes that take place in the city, not just the ones that get headlines, so to speak."

Brown's arrest was the result of an officer, Jason Davis, doing his job and checking on a park, Heubusch said. It just happened to be an allegation of vandalism this time.  

"When they're patrolling, that's an officer's job," Heubusch said.. "They're looking for people that are committing crimes. They're looking for people who are breaking the law. They're looking to make a difference, so the officer who observed him doing this was doing his job."

picnictables2015vandalism.jpg

Photo for illustration purposes only. We don't know who the suspect is for this vandalism.

Woman charged in fatal accident jailed on bail for violation of terms of release

By Howard B. Owens

A report by Genesee Justice that Hannah E. Dibble tested positive for alcohol has led to her release under supervision being revoked. The 22-year-old Pembroke resident is accused of driving drunk the night in February she was involved in an accident that claimed the life of a friend, 18-year-old Corfu resident Alyson D. Krzanak.

Judge Robert Noonan ordered Dibble held on $10,000 bail or $20,000 bond.

Attorney Ben Bonarigo argued that Dibble deserved a chance to remain out of jail, but under house arrest, until she could be placed in a treatment program on Friday. He conceded that Dibble, inexperienced with the criminal justice system, was in a difficult transition to its strictures. 

Noonan expressed concern that if Dibble couldn't obey a court order, in this case by drinking, then he lacked confidence she could be trusted to make future court appearances.

On July 24, Dibble pled not guilty to an 11-count Grand Jury indictment that included: one count of vehicular manslaughter in the second degree; two counts of 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.

James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20, all suffered serious physical injuries in the Feb. 21 collision wherein the 1997 Chevrolet Geo she was driving crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

(File photo of Hannah E. Dibble)

Owner of scalded dog surrenders ownership during court appearance

By Howard B. Owens
mug_brandonmaldenado.jpg
mug_melissabroadbent.jpg
Brandon Maldonado Melissa Broadbent

Melissa Broadbent, a defendant in an animal cruelty case, appeared in City Court this afternoon and surrendered ownership of her dog, a pit bull named Rocky.

Rocky was scaled with hot water sometime around July 20. Broadbent's boyfriend is accused of abusing the dog and Broadbent is accused of facilitating the crime and trying to cover it up.

We reported earlier today that Rocky is at the Animal Shelter and doing much better.

An animal control officer was in court today when Broadbent signed a document turning the dog over to the Sheriff's Office. The change in ownership will allow Animal Shelter volunteers to seek a new home for Rocky.

With Broadbent's agreement, Rocky is spared potential months in confinement at the shelter while her case winds through the legal process.

Broadbent, 36, is charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

With no prior felony or misdemeanor convictions, Broadbent was released from custody and placed under supervision by Genesee Justice by Judge Robert Balbick.

Broadbent's boyfriend, 26-year-old Brandon M. Maldonado, of 52 Walnut St., is charged with aggravated cruelty to an animal and offering a false written statement. He also appeared in court today.

Maldonado is currently on parole, but his public defender, Jamie Walsh, said he isn't aware of a violation being filed in connection with his arrest and said it's his understanding that Maldonado has been doing well on parole. He asked Balbick to set bail at $5,000 or $10,000 bond.

Robert Zickl, ADA, noted Maldonado does have that felony conviction, plus five misdemeanor convictions and five previous failure to appear charges.

Balbick went along with Zickl's recommendation of bail in the amount of $10,000 cash or $20,000 bond.

A pre-trial hearing, also known as a felony hearing, has been set in Maldonado's case for 11:15 a.m., Thursday.

Broadbent, who waived a felony hearing, isn't due back in court until next month. Balbick did sign a stay away order of protection for her and her children and told her to take up any visitation rights with Family Court.

Zickl noted that the Department of Social Services will be investigating the case.

Dog burned by hot water in good spirits at Animal Shelter

By Howard B. Owens

rockypit_aug102015.jpg

mug_brandonmaldenado.jpg
mug_melissabroadbent.jpg
Brandon Maldonado Melissa Broadbent

Rocky, the 2- to 3-year-old pit bull found at a local residence reportedly suffering from second- and third-degree burns from scalding water poured on his back, is doing much better, according to Batavia PD officials.

The boyfriend of the dog's apparent owner and the owner were charged Friday with several crimes related to the incident, including animal cruelty and lying to police about the incident.

The dog was burned around July 20 but the incident wasn't reported to police until Aug. 3.

Batavia Police Officer Peter Flanagan and Animal Control Officer James Sheflin investigated the complaint.

As a result of the investigation, Brandon M. Maldonado, 26, of 52 Walnut St., was charged with aggravated cruelty to an animal and offering a false written statement.

His girlfriend, 36-year-old Melissa A. Broadbent, and believed to be the dog's owner, allegedly tried to help Maldonado cover up the crime, including coercing her children into lying about the incident, and was charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

The couple are scheduled to appear in City Court on the charges this afternoon.

Sgt. Dan Coffey said a State Street Animal Hospital vet conveyed to police that the dog was likely in a great deal of pain between the time he was burned and brought in for treatment nearly two weeks later.

It's expected that the second and third-degree burns will leave permanent scars, and some patches of skin will never regrow any fur. 

Despite what he's been through, Rocky was in great spirits during a visit at the Animal Shelter today. He was eager to meet a visitor and go outside. He readily obeyed commands to sit and stay.  

The dog's wounds show marked improvement from what was visible in the photo released by police Friday.

Officials believe Broadbent has owned Rocky since he was a puppy.

Coffey said police are trying to work through the District Attorney's Office to find a way to speed along the process that would result in a new owner for Rocky. As in previous dog cruelty cases, the owner must relinquish ownership or be convicted of a crime before the dog can go into foster care or to a new permanent home.

Law and Order: Scribbling on picnic table at Williams Park leads to arrest

By Howard B. Owens

John F. Brown, 56, of Woodcrest Drive, Batavia, is charged with criminal tampering, 3rd. Brown allegedly used a pen to scribble on a picnic table at Williams Park at 8:13 a.m., Saturday.

Alton G. Williams, 38, of Bacon Street, Le Roy, was arrested on a warrant for alleged failure to appear. Williams is accused of failing to pay a fine. He posted an unspecified amount of bail and was released.

Andrew J. Leaton, 30, of Walkers Corner Road, Byron, is charged with DWI/Drugs. Leaton was stopped at 1:18 a.m. April 23 on West Main Street Road, Batavia, by Officer Christopher Lindsday.

Joshua Daniel Barber, 21, of North Road, Fillmore, is charged with unlawful fleeing a police officer, 3rd. Barber was allegedly involved in a brief police pursuit on State Street at 5:10 p.m., Saturday.

Joseph W. Gottstine, 26, Elmwood Avenue, Buffalo, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Gottstine was arrested on a warrant stemming from an alleged incident at 6:34 a.m., July 19. He was jailed on $2,000 bail.

Dawn M. Morford, 54, of Weber Avenue, Oakfield, is charged with criminal possession of a controlled substance, 7th. Morford was arrested on a warrant while at the Genesee County courts facility.

Joshua K. Williams, 24, of Ross Street, Batavia, is charged with criminal mischief, 4th, criminal possession of a weapon, 3rd, and menacing, 2nd. A warrant was issued for Williams on the listed charges stemming from an alleged incident at 2:15 a.m., July 31. Williams turned himself in. Williams allegedly threw a glass bottle at the windshield of a vehicle during an altercation, damaging the windshield. He was released under supervision of Genesee Justice.

David Nicholas Greco Sr., 65, of Merrill Road, Byron, is charged with criminal mischief, 4th, and harassment, 2nd. Greco allegedly pushed a woman and used a hatchet to break out the window of the woman's car. An order of protection was issued.

Eight Florida Georgia Line fans arrested at concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Florida Georgia Line Concert at Darien Lake Performing Arts Center on Saturday.

Arunas M. Gecas, 28, of Van Voorhis Avenue, Rochester, is charged with criminal trespass, 3rd, after allegedly running past the ticket takers and entering the venue without a ticket. Gecas was arraigned in Darien Court and jailed in lieu of $500 bail.

Jessica L. Pychel, 20, of Claremount Circle, Welland, Ontario, Canada, is charged with resisting arrest and three counts of harassment, 2nd, after allegedly kicking, pushing and biting deputies and security officers. Pychel was arraigned in Darien Court and jailed in lieu of $2,000 bail.

Sean P. Biggie, 22, of Jane Drive, Syracuse, is charged with harassment, 2nd, after allegedly grabbing a deputy's wrist trying to pull a deputy to the ground. Biggie was arraigned in Darien Court and jailed in lieu of $250 bail.

Brett I. Hall, 34, of South Gravel Road, Medina, is charged with disorderly conduct and two counts of harassment, 2nd, after allegedly punching windows in a van and then striking and shoving two Darien Lake security officers. Hall was arraigned in Darien Court and jailed in lieu of $250.

Adam R. Penney, 33, of Sylvan Hill Road, Echo Bay Ontario, Canada, is charged with disorderly conduct and harassment, 2nd, after allegedly punching windows on a van and then punching a Darien Lake security officer in the face. Penney was arraigned in Darien Court and jailed in lieu of $500 bail.

(name redacted), 22, of Eastgate Drive, Rochester, is charged with trespass after allegedly reentering the concert venue after being ejected.

Savanna L. Sciabarrasi, 21, of Two Mile Road, Olean, is charged with criminal trespass, 3rd,  after reentering the concert venue after being ejected.

Christopher E. Aydelotte, 36, of Edson Street, West Seneca, is charged with criminal mischief, 3rd, after allegedly he punched a window out of a vehicle.

City police seek public's help in identifying body found in Tonawanda Creek Friday

By Billie Owens

Press release:

The Batavia Police Department is looking for assistance in identifying the male that was found in the Tonawanda Creek on Friday, Aug. 7.

The department has reached out to surrounding jurisdictions for information on any missing persons that have been reported. Originally reported as a white male, it appears that he may actually be of African-American descent.

The discrepancy in race is from the body being in the water for at least two days. He is approximately 6’00” tall with very short hair. The man had facial stubble and no scars, marks or tattoos anywhere on his body. The individual may be in his 30s or 40s.

(Initial Report)

Two, US size 12, “Nike” sandals were found in close proximity to the body. The sandals had a white strap across the top and black soles. He was wearing a brown “Zoo York” shirt with a white T-shirt underneath. Both were size XXL. He had red gym shorts on with a black stripe down both sides and a cell phone was in his pocket. The cell phone is being sent out for forensic examination.

The cause and manner of death is yet to be determined pending the results of the toxicology / DNA analysis. More information will be available at that time.

Citizens with any information are encouraged to contact the Batavia Police Department directly at (585) 345-6350 or via the confidential tip line at (585) 345-6370. Photos are not being released at this time.

Batavia couple jailed without bail after young pit bull scalded with water

By Billie Owens

000_0044.jpg

mug_brandonmaldenado.jpg
mug_melissabroadbent.jpg
Brandon Maldonado Melissa Broadbent

A Batavia couple who lives on Walnut Street in the city is facing multiple charges relating to animal cruelty, according to a press release this afternoon from Batavia PD.

Brandon M. Maldonado, 26, of 52 Walnut St., is charged with aggravated cruelty to an animal and offering a false written statement.

His live-in girlfirend, 36-year-old Melissa A. Broadbent, is charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

Both were arraigned in front of City Court Judge Durin Rogers and put in Genesee County Jail without bail.

On Aug. 3, Batavia Police Officer Flanagan and Animal Control Officer Sheflin received a report that Maldonado poured scalding water on a young pit bull named "Rocky" sometime between July 20-21 at his residence. This resulted in second-degree burns on the dog's shoulders and rib cage, causing considerable pain.

Through the officers' investigation, it was determined that Broadbent lied to the police and instructed her children to do the same thing -- pour scalding water on the dog -- in an attempt to prevent Maldonado from being arrested.

The couple was subsequently arrested. Rocky was taken to a vet where he was treated for his injuries and is now in the care and custody of the GC Animal Shelter.

Law and Order: Batavia man arrested twice in one day after allegedly injuring child

By Traci Turner

Timothy J. Corke II, 28, of Liberty Street, Batavia, was arrested twice on Aug. 5 by Le Roy Police. Corke was arrested about 3:45 p.m. and charged with endangering the welfare of a child following an investigation into an incident. Corke allegedly threw a wristwatch at a 3-year-old child then slapped the child across the head causing bruises on the child's forehead and left eye. He was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice and a full stay away order of protection was issued. Later that night Corke was arrested again and charged with criminal contempt of court after he allegedly called the protected person violating the order of protection. He was arraigned and put in the Genesee County Jail on $2,000 bail.

Cherylann Bevilacqua, 29, of Depew, is charged with obstructing governmental administration and resisting arrest following a traffic stop on Sumner Road in Darien. Bevilacqua was a passenger and exited the vehicle while the driver was performing a sobriety test. Deputies told her to get back in the vehicle but she allegedly refused to do so. When confronted, she allegedly started to punch, scratch and spit at a deputy. She was put in the Genesee County Jail on $2,000 bail.

Joseph M. Platten, 31, of Dellinger Avenue, Batavia, is charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damaged accident, following too closely, backing unsafely, and no front plate after a hit and run accident on Ross Street Aug. 4. Platten allegedly rear-ended another vehicle and fled the scene cutting through a parking lot. Platten's front license plate fell off his vehicle at the scene of the accident. In addition to the charges, he was issued traffic tickets for driving with an obstructed view and disobeying a traffic control device. He posted $250 bail.

Andrew L. Kosiorek, 43, of Haven Lane, Batavia, is charged with aggravated unlicensed operation, 1st, and unlicensed operator following a traffic stop by Officer Chad Richards on Cedar Street. Kosiorek allegedly had multiple suspensions/revocations and did not possess a valid driver's license in any state. He was put in Genesee County Jail without bail.

A 16-year-old from Elba is charged with unlawful possession of alcohol by a person under 21, unlicensed operation of a motor vehicle and drinking alcohol in a motor vehicle on a highway. Deputy Joseph Corona pulled over the youth on Clinton Street Road in Stafford.

A 17-year-old from Varysburg is charged with criminal mischief, 4th. The youth allegedly shot a BB gun pistol at the rear window of a vehicle causing it to shatter. The incident occurred in the parking lot at Walmart in Batavia.

Charles-Gus T. Williams, 36, of Lockport, is charged with harassment, 2nd, and endangering the welfare of a child after an alleged domestic incident on Liberty Street in Batavia. Williams is accused of punching another person.

Cynthia E. Houseknecht, 35, of Jackson Street, Batavia, and Melvin L. Thomas are charged with harassment, 2nd, following an investigation into an alleged domestic incident. 

Charles W. Lococo, 25, of Depew, is charged with DWI, driving with a BAC of .08 percent or greater, aggravated unlicensed operation, 3rd, unlicensed operation, and failure to obey a police officer. While leaving the Kid Rock Concert at Darien Lake Performing Arts Center, Lococo was pulled over by deputies after he failed to obey a traffic direction. Lococo is accused of driving while in an intoxicated condition with no driver's license. He was also ticketed for allegedly refusing a prescreen device.

Ralph A. Jones, 24, from Oregon, is charged with unlawful possession of marijuana and driving while ability impaired by drugs following a traffic stop by Deputy Michael Lute on Alleghany Road in Pembroke.

Tera M. Williams, 42, of Bacon Street, Le Roy, was arrested on a bench warrant issued out of Batavia City Court after Chili Police pulled her over for a traffic stop. Williams is accused of failing to pay a fine for a disorderly conduct conviction. She was turned over to Batavia Police and issued an appearance ticket.

Law and Order: Le Roy woman accused of welfare fraud

By Traci Turner

Jessica Horton, 25, of Telephone Road, Le Roy, is charged with seven counts of offering a false instrument for filing, 1st, and grand larceny, 3rd, following an investigation by the Genesee County Department of Social Services. Horton is accused of receiving more than $10,000 in Temporary Assistance and Food Stamp benefits that she was not entitled to after she submitted various forms stating her two children were residing with her when they were not. She was put in the Genesee County Jail on $5,000 bail.

Tia E. Schmieder, 23, of Central Avenue, Batavia, is charged with grand larceny, 4th, and identity theft, 2nd. Schmieder allegedly used another person's Target credit card without authorization to purchase $2,685 worth of merchandise from the Batavia store. Schmieder also is accused of using the same person's Bank of America credit card account number to obtain services exceeding $1,482 at Alex's Place and Best Western Crown Inn in Batavia.

Yolanda E. Johnson, 29, of West Main Street Road, Batavia, is charged with two counts of petit larceny following an investigation into a report of money that was allegedly stolen from a Byron resident. Johnson is accused of stealing money on two occasions while she was working at the person's home as an aide.

Batavia drug dealer sentenced to eight years in prison

By Traci Turner

A Batavia man involved in the Summit Street raid in December received eight years in state prison yesterday, the maximum sentence available to Judge Robert C. Noonan.

Philip R. Ayala, 30, of Summit Street, was given the maximum sentence after he was arrested on additional felony possession of a controlled substance charges earlier today.

The recent charges result from an incident on July 9 when Ayala was arrested on a sealed indictment warrant out of Orleans County while on Vine Street in Batavia. When Ayala was arrested, he allegedly possessed 62 bags of crack cocaine.

Those charges violate the plea offer he accepted in June regarding the raid in December.

On June 3, Ayala pled guilty to fourth-degree criminal possession of a controlled substance, a Class C felony. After a $40,000 bond was posted for him, he was released until sentencing scheduled for Aug. 4. With the plea deal, he would have received no more than five years in prison if he didn't break any more laws prior to the sentencing date.

Due to Ayala's additional pending drug charges after he was released, Noonan adjourned the sentencing yesterday to conduct a pre-sentencing investigation. The sentencing resumed after Ayla was arrested today.

Assistant District Attorney Will Zickl requested that Ayala be given the max.

"One thing that is clear is the defendant is deeply committed to drug dealing and undertakes it as a business venture," Zickl said. "Ayala's criminal record and recent charges suggest he will never stop dealing drugs."

Ayala's attorney Jamie Welch argued that the defendant didn't violate the plea offer because he wasn't arrested prior to the original date of sentencing, Aug. 4. As a result, he stated the judge should impose no more than five years in prison.

Ayala made a short statement telling the judge he knew what he did was wrong and that he was sorry.

After hearing all the statements, Noonan said this was not the first time he has adjourned a sentencing to conduct an investigation after a defendant has been accused of additional charges. Noonan stated Ayala did violate the offer and should receive a longer prison sentence. Thus, Ayala was sentenced to eight years in state prison and three years post-release supervision.

Law and Order: Batavia man accused of stealing $6,000 from acquaintance's bedroom

By Traci Turner

Benjamin J. Bullard, 28, of Maple Street, Batavia, is charged with grand larceny, 4th. Bullard is accused of stealing $6,000 from an acquaintance's bedroom while she was on vacation. The incident happened at a residence on Swan Street. He was jailed without bail.

James C. Emerson, 53, of State Street, Batavia, is charged with allowing his dogs to habitually bark following an investigation into an alleged complaint where a dog was repeatedly left outside unattended for several hours and barked continuously. On Aug. 3 Emerson's dog was allegedly barking habitually from 7:30 to 9:45 p.m.

Robert L. Williams Jr., 24, of West Main Street, Batavia, was arrested on a bench warrant following a traffic stop by Deputy Joseph Corona. Williams was later turned over to the Batavia Police Department. He was put in the Genesee County Jail on $500 bail.

Cory J. Trybushyn, 27, of West Avenue, Batavia, is charged with petit larceny. Trybushyn allegedly stole merchandise from a business in the City of Batavia.

Batavia man accused of choking person unconscious at Kid Rock concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Kid Rock Concert at Darien Lake Performing Arts Center on Tuesday:

mug-johndifante.jpg
   John Difante

John C. Difante, 21, of Garden Drive, Batavia, is charged with strangulation in the 2nd degree after he allegedly choked another subject unconscious. Difante was arraigned in Darien Court and put in jail in lieu of $1,000 bail.

Tayler J. Appell, 19, of Pullman Street, Brockton, is charged with false personation and unlawful possession of marijuana after allegedly providing false personal information and being found in possession of a quantity of marijuana. Appell was arraigned in Darien Court and put in jail in lieu of $500 bail.

Jessica J. Hawkins, 30, of Park Street, Niagara Falls, Ontario, Canada, is charged with second-degree harassment after allegedly punching and pulling another patron's hair. Hawkins was arraigned in Darien Court and put in jail in lieu of $500 bail.

Christopher G. Cooke, 18, of Bush Road, Leicester, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected.

Brian P. Moody, 33, of Greenview Terrace, Niagara Falls, is charged with harassment, 2nd, after allegedly punching another person in the face.

Matthew C. Amesbury, 34, of Parkway Drive, North Chili, is charged with harassment, 2nd, after allegedly pushing and grabbing a deputy by the throat.

Authentically Local