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Suspect says 'out of control' addiction to crack cocaine led to robberies

By Howard B. Owens

Mark Maltese Robert Grant

In a statement admitting to all three robberies in Batavia and Oakfield over the past week, suspect Mark J. Maltese said the $550 he said he got in the three heists all went to buy crack cocaine, which he said he smoked as soon as he bought it.

Maltese signed a sworn statement in which he he acknowledges his right to remain silent and consult an attorney before talking with police.

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Maltese was arrested early this morning after Batavia police, with back-up from Sheriff's deputies and state troopers, responded to a report of a break-in at the Rent-a-Center at 4152 W. Main St., Batavia.

A worker at a nearby business heard the glass break and called 9-1-1. He took a picture of the suspect's vehicle and was able to provide police with a direction of travel.

The suspect vehicle was located, according to police, at a location on Colonial Boulevard.

A person at that address told police that Maltese and Robert C. Grant carried a large-screen TV into the basement.

In a press conferance at Batavia PD headquarters this morning, Chief Deputy Jerome Brewster, Sheriff's Office, said a birthday party was being held at the residence on Colonial Boulevard.

Chief Shawn Heubusch
during press conference

During the subsequent investigation, law enforcement reportedly uncovered evidence that tied Maltese to three recent robberies early Thursday morning at the Best Western on Park Road, early Friday morning at the 7-Eleven in Oakfield, and early Sunday morning at the Days Inn on Noonan Drive, Batavia.

In the first two robberies the suspect displayed what appeared to be a semi-automatic handgun. At the robbery Sunday, the suspect threatened the Days Inn clerk with a shotgun.

On Friday, while a deputy was pulled over to the side of the road in the area of the bridge over the Tonawanda Creek in Bushville, a person on a bicycle approached and said, "Look what I found," according to Brewster.

It was a silver BB gun and upon comparison with the gun seen in the video of the 7-Eleven heist, investigators determined it was a likely match.

In his statement to Investigator Ron Welker, Maltese admits to using a silver BB gun in the first two robberies. He said he disposed of the gun after the Oakfield robbery in the area of the bridge on Route 5 near the Willow Bend Inn.

Maltese, 43, of 29 Dellinger Ave., Batavia, was charged in City of Batavia, in the Town of Oakfield and the Town of Batavia with robbery in the second degree.

Both Maltese and Grant, 52, of 2444 Angling Road, Pembroke, were charged with burglary, 2nd, in connection with the alleged break-in at Rent-a-Center, where they allegedly tried to make off with a two large screen TVs and a fake fireplace.

Justice Tom Williams set bail in the Town of Batavia case for Maltese at $25,000 cash or $50,000 bond. 

According to Maltese's statement, he drove his girlfriend's green Toyota Camry to the Best Western on Park Road and entered wearing jeans, a black hoodie with "Army" on it, black gloves, a black knit cap, black and red Nike sneakers and a red bandana covering his face. 

He said he walked up to the clerk and pulled out his BB gun and said, "Gimme all your money."

The clerk said, "are you kidding me?" and repeated the question several times. Maltese said he told her he was serious. "This is a robbery."

In her statement to police, the clerk said the suspect told her, "I will shoot you if you don't give me all the money."

The clerk retrieved the money from the cash drawer, he said, and gave it to him and he fled the hotel returning to his residence on Dellinger.

He said he "went up into the attic to figure out what I was going to do next. I then took the money that I got from the robbery which was around $300 and went and spent the entire amount on crack cocaine, and smoked all of it that same night."

Sheriff Gary Maha
during press conference

For the 7-Eleven robbery, Maltese said he wore jeans, a brown hoodie "with some design on it," black gloves, a knit hat, black and red Nike sneakers and a purple bandana covering his face.

He demanded the money in the drawer, got it and left.

He said he spent the entire $50 take on crack cocaine and smoked it all that night.

After the robbery he disposed of the BB gun.

For the Days Inn job, Maltese said he wore jeans, a black hoodie with "New York" on it, black gloves, a knit Sabres hat, black and red Nike sneakers and a black bandana covering his face.

He said he pointed a loaded shotgun at the clerk.

In a statement, the Days Inn clerk said he was frightened during the robbery.

"He said if I pushed any buttons or called anybody, he would shoot me," the clerk said. "I gave him the two drawers. A cash drawer and the change drawer. He pulled the money out the drawers and took the coin holder, too. He then left. He told me as he was backing out the door, that if I called anybody he would come back and shoot me. What scared me was that I actually looked at him."

Maltese said he got away with about $200 and immediately purchased crack cocaine and smoked it all that night.

In his statement, he said Investigator Welker showed him the Nike sneakers, the silver BB gun and a metal coin tray, all of which Maltese said he identified as associated with his robberies.

He said he destroyed the rest of the clothes he wore on those three nights.

Sheriff Gary Maha said the arrest of Maltese demonstrates how closely local law enforcement agencies work together to solve crimes and credited both the investigation that had taken place prior to this morning's Rent-a-Center break-in and the willingness of a witness to contact police and provide detailed information.

Brewster also praised this morning's witness.

"That witness was crucial in identify that vehicle and leading to the arrest of these suspects," Brewster said.

The use of fire arms in robberies create all kinds of dangers for victims, police officers and suspects, Brewster said. A police officer who sees a suspect with a BB gun is likely to believe it's a loaded handgun, he noted.

"We think the danger factor was very high in this case," Brewster said.

The admission by Maltese that his alleged robbery spree was driven by a need to feed a crack cocaine habit and that he had moved up, in a manner of speaking, from using a BB gun to a shotgun, tends to make his timely capture all that more critical, Chief Shawn Heubusch said.

"Any time you have somebody who is addicted to narcotics or doing these types of crimes to feed a habit, it tends to escalate," Heubusch said. "There is a pattern of starting with smaller crimes and getting more serious. It's very concerning. Of course, I can't predict what he would have done next."

Investigators are still trying to determine if Grant or maybe even another person was involved in the robberies, Maha said.

It's possible, according to investigators, the robbery suspect did not drive himself to and from the commission of the crimes.

The investigation is ongoing and additional charges are possible.

Top Photo: Maltese following arraignment in Town of Batavia Court.

Below are photos submitted by Joanne Shriver, owner of Expert Mitigation Services, the company called in to board up the broken window at Rent-a-Center this morning.

BREAKING: Arrest made in recent robberies

By Howard B. Owens

A burglary at the Batavia Rent-a-Center overnight led police to a suspect in a string of recent robberies in Batavia and Oakfield.

Taken into custody and charged in the robberies was Mark J. Maltese, 44, of 29 Dellinger Ave., Batavia. Maltese and Robert C. Grant, 52, of 2444 Angling Road, Pembroke, are accused of breaking into the Rent-A-Center this morning.

A witness spotted the alleged Rent-A-Center burglary and provided detailed descriptions of the vehicle and followed the vehicle to a residence on Colonial Boulevard where the suspects reportedly joined a birthday party in progress.

The vehicle reportedly matches the description of a vehicle seen leaving the scene of the Days Inn robbery on Sunday morning.

Police said items were recovered this morning tying Maltese to the burglaries at the 7-Eleven, the Best Western and the Days Inn. At this time, Grant is not a suspect in those robberies and there are no other named suspects, but police said the investigation remains open.

The suspects were taken into custody without incident.

UPDATE: For follow-up story, click here.

Le Roy rapist pleads guilty after telling judge he doesn't remember the crime

By Howard B. Owens

Faced with multiple felony charges that could have sent him to prison for up to 25 years, a Le Roy resident arrested for a home-invasion sexual assault entered a guilty plea to rape in the first degree on condition that he serve no more than 18 years.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, was offered the deal by Assistant District Attorney Kevin Finnell prior to a scheduled evidence hearing in County Court this afternoon.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

The deal reduces his possible jail sentence to eight to 18 years.

A guilty plea involves Judge Robert C. Noonan asking the defendant a series of questions. First, Noonan must ensure the defendant understands his rights and what rights he's giving up with his guilty plea. He must also make sure the defendant understands the consequences of a guilty plea.

During this process, there were some wrinkles in the case with Johnson.

First, under questioning from Noonan, Johnson said he hadn't been given adequate time to think about the plea deal offered to him by the DA's office.

That lead to a 45-minute recess so Johnson -- who was representing himself rather than having an attorney at his side -- to confer with a member of his family.

After the recess, Noonan put Johnson under oath and began to ask him questions about the events of May 9.

Johnson said he couldn't remember raping the victim.

"I don't remember anything," Johnson said. "I was too high."

Finnell said the people were prepared to accept Johnson's plea on an Alford basis, which means the defendent doesn't admit to the specifics of a crime, just that a juy would probably convict the defendant based on the people's evidence.

Among the evidence that would be offered at trial is a DNA match for Johnson that has a 1.13 quintillion probability of matching a person other than Johnson. Johnson also matches the physical description provided by the victim.

When Noonan asked Johnson if he believed there was a reasonable probability that a jury would convict him, Johnson said, "No, I do not."

This started a several minute conversation where Noonan explained to Johnson how the law worked, explaining that Noonan could only accept Johnson's guilty plea if he admitted to the factual evidence or admitted that the evidence against him was strong enough that he believed a jury would convict him.

"I can't say what a jury would do," Johnson said.

Noonan said, of course not, but "that's why I asked if you believe there is a reasonable probability that a jury would find you guilty."

Noonan asked, "have you heard the evidence and do you have reason to believe a jury would convict you?"

Johnson replied, "I have heard the evidence and I believe a jury would convict me."

Prior to today's hearing, Johnson has also been provided with all of the police reports and evidence reports in the case, and as his own attorney had a chance to personally review the case against him, according to Noonan.

According to Finnell, Johnson has a prior felony conviction in Erie County that Johnson claims he received inadequate representation on.

Johnson, Finnell said, entered a guilty plea in 2003 of attempted criminal possession of a controlled substance, 5th.

If Johnson can get that conviction vacated before his sentencing, the potential minimum term on the rape conviction would be five years.

Johnson admitted to breaking into the home of a woman in Le Roy and raping her in early May. He was captured two weeks later by Le Roy Police Department investigators.

As part of the plea, he is waiving all rights to an appeal.

Sentencing is scheduled for Dec. 24.

Investigators looking for clues from the public on identity of robbery suspect

By Howard B. Owens

Local law enforcement is asking for the public's assistance in identifying the person or persons responsible for a string of armed robberies over the past five days.

The description of the suspect in all three robberies varies only slightly in each case. He is a white male, either 5'2" to 5'6" or 5'7" and is either of slight build or weighs 200 pounds. The robber has worn a bandana in all three robberies.

In two robberies, the suspect displayed a handgun. In the third, a shotgun. In all three, the employees behind the counter were threatened.

The first was Thursday morning at the Best Western, the second Friday morning at the 7-Eleven in Oakfield, and the third, Sunday morning at the Days Inn in Batavia.

Batavia PD and the Genesee County Sheriff's Office are cooperating in the investigation.

Chief Shawn Heubusch stressed that members of the public should not try to take matters into their own hands, but either call 9-1-1 or (585) 343-5000.

Drifter accused a second time of stealing money from churches in Genesee County

By Howard B. Owens
Stephen W. Quigley

For the second time in five years, a homeless man who travels between Syracuse and Ohio has been arrested in Genesee County and accused of stealing money from local churches.

Stephen W. Quigley, 59, is charged with petit larceny.

Det. Pat Corona said Quigley admitted to the thefts.

Batavia PD opened an investigation into money missing from local church collection receptacles in January 2012. 

Investigators had a description of a person using a device to remove cash from the receptacles, with the department receiving multiple reports of similar circumstances during the intervening months.

This morning, a witness to a prior alleged left spotted Quigley in Batavia.

Police located Quigley and questioned him. He allegedly admitted to larcenies from local churches on multiple occasions.

Le Roy PD arrested Quigley in June 2009 and accused him of stealing money from the candle prayer offerings of a church in Le Roy.

Quigley was jailed on $1,000 bail.

Law and Order: Suspect in burglary in Corfu arrested in Amherst after brief foot pursuit

By Howard B. Owens

Patrick Raymond Krieger, 23, of Exchange Street, Akron, is charged with burglary 2nd, criminal contempt, 1st, menacing, 2nd. Krieger was arrested in the Town of Amherst after a brief foot pursuit by State Police, the Cheektowaga PD, Amherst PD and the Erie County Sheriff's Office. Krieger was turned over to the Genesee County Sheriff's Offices on charges stemming from an alleged incident reported in the Village of Corfu at 7:10 a.m., Friday. He was jailed on $30,000 cash bail or $50,000 bond.

Shannon L. Smith, 37, of 2 Goad Park, upper, Batavia, is charged with harassment, 2nd. Smith was arrested following an investigation into a disturbance at 96 River St., Batavia.

Philip E. Wolfe, 58, of Alabama, is charged with petit larceny. Wolfe was arrested by State Police. No further details released.

Daniel T. Henning, 33, of Batavia, is charged with petit larceny. Henning was arrested by State Police. No further details released.

Robbery reported at Days Inn, Batavia

By Howard B. Owens

Law local enforcement is currently searching the city for a person who robbed the Days Inn this morning.

No further details available at this time.

UPDATE 4:30 a.m.: A white male entered the Days Inn on Noonan Drive at 2:40 a.m. and pointed a shotgun at the clerk.

He got away with an undisclosed amount of cash, including a coin tray filled with coins.

The suspect left in a small sedan and headed east on Noonan into the residential neighborhood adjacent Noonan Drive.

Batavia PD and Sheriff's patrols began a search of the area as soon as the robbery was reported but have so far been unable to locate the vehicle.

The suspect is described as 5'7" and about 200 pounds, wearing a dark blue hoodie and wearing a bandana over his face.

The similarities between this robbery and two others in recent days at the Best Western in Batavia and the 7-Eleven in Oakfield are enough to suspect there is a single suspect in all three cases, said Sgt. Todd Crossett, Batavia PD.

The suspect in the previous two robberies was described as 5'2" to 5'7" and "small in stature," however given the times, the bandana and the fact guns were used in all three robberies (a handgun in the first two) suggest a possible link.

"He fits a simliar description, so the five-sevenish, I guess it really depends on the person looking at him and when you have a shotgun in your face things aren't as clear, but he is described as similar as the other ones," Crossett said.

Crossett said it's hard to say whether the suspect is a local person, but it's likely.

"It's been all in the last week, so if it wasn't somebody from the area, I don't think they would keep coming back," Crossett said. "That would probably be a good assumption."

Nobody was hurt in this morning's robbery.

People with information that could assist in the investigation can call Batavia PD at (585) 345-6035.

"If anyone has information, any friends, relatives acting suspiciously, or if you know of anything, please contact the Batavia Police Department or the Genesee County Sheriff's," Crossett said.

Law and Order: Pair accused of assaulting person outside of Save-A-Lot

By Howard B. Owens

Derek G. Thomas, 37, of 110 Bank St., #B, Batavia, is charged with assault, 3rd. Thomas is accused of attempting to assault another person with intention to cause physical injury during an alleged disturbance outside 45 Ellicott St., Batavia, at 7:07 p.m. on Nov. 17. Also arrested and charged with assault, 3rd, was Marquele L. Tomlin, 22, of 130 E. Delavan Ave., Buffalo. Thomas and Tomlin are accused of assaulting a person while the victim was leaving Save-A-Lot.

Lasania S. Hyatt, 19, of 81 Ludlow St., basement, Yonkers, was arrested on a bench warrant. Hyatt is suspected of possession of alcohol under age 21 at 2 a.m., Sept. 27 on Trumbull Parkway, Batavia. Hyatt was located at Genesee Community College and arrested by Batavia PD. Also arrested on a warrant related to underage drinking was Shanique Y. Headley, 18, of 8170 Batavia-Stafford Townline Road, Batavia.

Jerry T. Saddler Jr., 37, of 112 State St., Batavia, is charged with assault, 3rd. Saddler was arrested in connection with an alleged incident at 9:30 p.m., Nov. 12, at State and Hutchins. He was jailed on $2,500 bail. No further details were released.

Joseph M. Blatchley, 35, of 3233 Pratt Road, Batavia, is accused of failure to appear on a charge of illegal dumping. Blatchley turned himself in. The alleged illegal dumping reportedly occurred at 8:30 a.m., Oct. 7, at a dumpster at 679 E. Main St., Batavia.

Kaitlyn A. Showler, 20, of 101 Summit St., Batavia, was arrested on a bench warrant. Showler was jailed on $5,000 bail. No further details released.

Sabrina C. Harris, 43, of 142 Charles St., Wayland, is charged with petit larceny and conspiracy, 6th. Harris is accused of assisting another person in a larceny at Olympia Sports at 2:42 p.m., Nov. 1. Harris turned herself in to BPD.

Mallory R. Pfaff, 25, of 4271 Broadway Road, Alexander, is charged with petit larceny and conspiracy, 4th. Mallory was allegedly involved in shoplifting at Tops at 11:35 a.m., Oct. 25. Also arrested was William C. Schlenker, 25, of 4271 Broadway, Alexander, and charged with petit larceny and conspiracy, 6th.

Anthony D. Alexander Sr., 39, 3687, W. Main Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Alexander was arrested on a warrant related to an alleged incident at 2:14 p.m., Sept. 10, at 430 Ellicott St., Batavia. Alexander was held on $1,000 bail.

Benjamin L. Brade, 31, of 3337 Stroh Road, Attica, is charged with disobeying a court mandate. Brade is accused of violation an order of protection.

Drew Daniel Linderman, 25,of Hermitage Road, Gainsville, is charged with petit larceny. Linderman is accused of shoplifting from Walmart.

Jason Eric Nelson, 31, of Rhode Island Avenue, Niagara, is charged with unlawful possession of marijuana. Nelson was allegedly found in possession of marijuana while on Roberts Road, Alabama.

Jennifer L. Stack, 27, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing $310.92 in merchandise from Rite Aid on West Main Street Road, Batavia.

Christi A. Davis, 39, of Geneseo, is charged with endangering the welfare of a child. Davis was arrested by State Police in connection with an alleged incident reported in the Town of Bergen at 2:33 p.m., Monday. No further details released.

Antonio A. Ayala, 19, of Batavia, is charged with criminal possession of a narcotic drug with the intention to sell, in adequate muffler and back passenger age 4-6 restraint violation. Ayala was arrested by State Police in the Town of Bergen at 5:20 p.m., Tuesday. No further details released.

Sheriff's Office investigating armed robberies in Oakfield and Batavia

By Howard B. Owens

Investigators believe the same person, white male small in stature, is responsible of a pair of early morning armed robberies over the past two days.

Yesterday at 3:05 a.m., the Best Western on Park Road, Batavia, was robbed and then a person fitting a similar description robbed 7-Eleven in Oakfield at 2:09 a.m.

In the Batavia robbery, a Sheriff's sergeant was on scene in seconds and a K-9 was deployed. The suspect was tracked into Batavia but lost.

In Oakfield, the first deputy was on scene within three minutes, according to Chief Deputy Jerome Brewster. The suspect was seen running down Coe Avenue but was not located.

The suspect is described as being 5'2" to 5'6" and a small build.

In both cases the suspect displayed a handgun.

For the Best Western robbery, the suspect wore a black jacket and bandana. In Oakfield, he was dressed a brown hooded sweatshirt or jacket, bandanna and baseball cap.

Anyone with information that might assist in the investigation can contact the Sheriff's Office at (585) 345-5000.

Four men allegedly caught in the act of stealing scrap in Bergen

By Howard B. Owens

Four men were allegedly caught in the act Sunday stealing scrap metal from a scrap yard on Route 33 in Bergen and after further investigation they may be facing upgraded charges, Chief Deputy Jerome Brewster said.

The four men were allegedly found on the scrap yard property when the owner's son drove by and spotted a suspicious vehicle parked near the lot.

It's not unusual, Brewster acknowledged, for scrap metal thieves from Rochester to hit locations in Genesee County.

"You know how scrap is these days and when you can go right to a scrap yard, it's like one-stop shopping," Brewster said.

The yard was apparently so attractive to the thieves, they allegedly got away with more than originally thought yesterday.

When they were arrested yesterday, they were charged with petit larceny, but the owner of the scrap yard visited a location in Rochester and was apparently able to prove more of his scrap was stolen earlier in the day.

That aspect of the case is being turned over to Rochester PD and the four men could face grand larceny charges as a result, Brewster said.

Arrested where Sekou Singhor Howard, 40, of Parkway, Rochester, Ricky Todd Williams, 54, of Parkway, Rochester, Isaac Brandon McCrea, 30, of North Union Street, Rochester, and Kenneth Russell Hernandez, 47, of Chesnut Street, Rochester.

All four men were issued appearance tickets.

Law and Order: Motorcyclist charged with DWI following accident in Basom

By Howard B. Owens

Thomas Monte Carlo, 57, of Lewiston Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and leaving the scene of a property damage accident. Carlo was apprehended by Deputy Joseph Corona following a reported one-vehicle motorcycle accident at 7:23 p.m. Saturday on Lewiston Road, Basom.

Matthew James Florian, 25, of Slusser Road, Batavia, was arrested on a warrant related to an aggravated unlicensed operation charge. Florian was stopped by State Police on Route 5, Town of Batavia, and turned over to the Sheriff's Office on a warrant. Florian was jailed on $200 bail.

Michael Scott Vanburen, 46, of Alexander Road, Batavia, is charged with unlawful possession of marijuana, unsafe backing and consumption of alcohol in a vehicle. Vanburen was arrested after he reportedly backed his 2004 Pontiac GTO out of his driveway, across the road and into a ditch at 12:27 a.m. on Saturday.

Dana Lewis Toates, 19, of Roosevelt Highway, Hilton, is charged with unlawful possession of alcohol under age 21. Toates was reportedly a passenger in a vehicle stopped for a traffic violation and found to allegedly be in possession of alcohol.

Corey M. Vickers, 29, of Morrow Road, Pavilion, is charged with aggravated unlicensed operation, unlicensed operation and stopped on pavement. Vickers was charged after being observed by a Wyoming County deputy allegedly stopped on the roadway in the Town of Perry, outside of his vehicle, vomiting. Vickers' driving privilege was suspended after he allegedly failed to appear for a summons in the Village of Portville.

Alissa A. Fodge, 23, of Bergen, is charged with grand larceny, 3rd. Fodge was arrested by State Police in the Town of Barton for an alleged act reported Oct. 18. No further details released.

Chance at bail revoked for man accused of sexually assaulting children in the city years ago

By Howard B. Owens
Current booking photo Sex offender registry

Sean M. Vickers, the man accused of being a predatory child molester in Niagara and Genesee counties, with alleged victims from up to 20 years ago, won't get a chance to post bail.

Vickers appeared in County Court today to be arraigned on a new 11-count indictment that accuses him of sexually assaulting four children in Batavia from the 1990s to the early 2000s.

Citing the possible multiple life sentence faced by Vickers, Judge Robert C. Noonan said Vickers posed too great a flight risk to have an opportunity to post bail.

Bail was set at $500,000 when Vickers was arrested on the first set of sexual assault charges in May.

Public Defender Gary Horton asked Noonan to set a bail amount, saying that bail out of Niagara County Court, he believed, was set at $100,000 cash or $200,000 bond.

As is usually the case for defendants at an arraignment on new charges, Vickers entered a not guilty plea to all 11 of the counts.

He was indicted by a grand jury last week on: one count of a course of sexual conduct against a child, a Class B felony; two counts of predatory sexual assault against a child, a Class A-II felony; six counts of criminal sexual act first, a Class B violent felony; one count of sexual abuse, 1st, a Class B felony; and one count of endangering the welfare of a child, a misdemeanor.

The 44-year-old Vickers was a resident of Geneva at the time of his arrest in May.

The local investigation into Vickers started after detectives in Niagara County contacted Batavia PD about a case they were working on. That helped to bring to light alleged molestation against at least one victim and the ongoing investigation turned up more victims and more evidence to base the new charges on.

Det. Kevin Czora, leading the local investigation, said over the weekend that it's possible there may be alleged victims in the community local law enforcement doesn't even know about. 

Anybody with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or outside the city, contact your local law enforcement agency.

Previously:

Man admits to his part in burglary at Jell-O factory in April 2012

By Howard B. Owens

A Monroe County resident who was tied to a burglary at the former Jell-O Factory in Le Roy by DNA evidence, entered a guilty plea this morning in County Court to one count of fourth-degree grand larceny.

James M. Kavanagh is being released under supervision of Genesee Justice pending his sentencing Feb. 4.

He was arrested in September by Le Roy PD for the burglary in April 2012.

Also arrested was Kristen Brightenfield. Her case is still pending.

John O'Shea was arrested for the burglary shortly after it occurred and is currently serving a sentence in State Prison. Brightenfield and Kavanagh were accused of being accomplices.

In court this morning, Kavanagh's attorney said he has a fiance who is due to give birth and Kavanagh, who was being held in the Genesee County Jail until today, said he has a job waiting for him in Chili supervising a gas station at night.

Judge Robert C. Noonan placed a curfew on Kavanagh as a term of his release under supervision, but carved out exceptions for him to work and to be present at the birth of his child.

He's also on probation in Monroe County.

At sentencing, Kavanaugh could be facing the potential of a longer prison term because of a prior felony conviction in Ontario County for forgery.

Previously: Law and Order: DNA allegedly links two people to 2012 burglary in Le Roy

Man who admitted to multiple burglaries in 2008 given chance to avoid prison term

By Howard B. Owens

A former Batavia resident accused of five burglaries locally has a chance to carry on his life without serving any time in prison.

Judge Robert C. Noonan ruled in County Court today that Samuel G. Malone, 27, can serve a year's interim probation before he is officially sentenced on his guilty pleas Aug. 12 to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

District Attorney Lawrence Friedman told Noonan he thought a prison term was the appropriate way to deal with Malone, who committed his local burglaries in 2008 and avoided detection until he was arrested in another county in January.

The arrest in another jurisdiction helped Batavia PD match Malone's DNA to blood found at three burglary scenes in the city.

Malone was later charged in another local residential burglary and admitted to burglarizing the former Clor's location on Pearl Street.

Noonan was apparently persuaded to give Malone another chance based on pre-sentence reports from the probation departments in Allegheny County, where Malone now lives, and Genesee County. Both reports recommended no prison time for Malone.

The maximum sentence available to Noonan was eight to 16 years in prison.

Malone is on probation on his conviction in another county, so he faces consequences there as well as Genesee County if he violates the terms of his release.

For previous coverage of the Samuel Malone case, click here.

Man suspected of firing shots at patrol vehicles Monday morning arrested

By Howard B. Owens

A 49-year-old Alabama resident is being held without bail and facing two felony charges in connection with an alleged shots-fired incident at a residence on Bloomingdale Road early Monday morning.

Reuben Lay is charged with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He's also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

The incident began at 1:49 a.m. when dispatchers received a call from a woman on Bloomingdale Road saying she had been strangled.

As a deputy and trooper responded, she told dispatchers that her alleged assailant had gone into another room of the house and was trying to get his hands on a gun. She then reported he had the gun and had loaded it.

By the time law enforcement arrived, she was outside, in the driveway.

Shortly after the officers reported being on scene and speaking with the caller, a deputy told dispatchers, "Genesee, he just shot at my car. All units are backing out of the driveway. He just shot at the car."

A trooper then says, "We're out of there. Another gunshot."

An officer then said, "It sounds like a .22 rifle."

"They're close. They're close," said a deputy. "Wherever he's shooting from, get the --- out of there."

Minutes later, the Emergency Response Team was requested to the scene.

Because it was not a hostage situation and there was no signs of immediate danger, the ER team assembled at Batavia PD took some time making preparations to respond. About an hour later, the decision was made by the Sheriff's Office that ERT would not be needed.

We've requested more information from Chief Deputy Gordon Dibble about what happened next, but with the holiday, he has not responded to our request for more information.

Tonight, a press release about the arrest of Lay as the suspected shooter was issued by the Sheriff's Office.

Previously: Active shooter reported on Bloomingdale Road

Law and Order: Bail bondsman brings in suspect on warrant

By Howard B. Owens

Kenneth S. Lathrop Jr., 27, of 428 Garden City Drive, Syracuse, was arrested on a bench warrant. Lathrop was delivered to Batavia PD headquarters by a bail bondsman. Lathrop was arraigned in City Court and jailed on $5,000 bail or bond.

Steven E. Palmer, 28,of 361 Center St., Caledonia, is charged with felony DWI, felony driving with a BAC of .18 or greater and disobeyng traffic control device. Palmer was stopped by Le Roy PD on Friday. He was jailed on $1,500 bail.

LaShana Tonika Jones, 39, of Audubon Parkway, Syracuse, is charged with petit larceny. Jones is accused of shoplifting $119.84 in merchandise from Walmart.

Jeffrey Keith Wahr, 45, of Crittenden Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and speeding. Wahr was stopped at 1:36 a.m. Sunday on Sumner Road, Darien, by Sgt. Brian Frieday.

Arthur Mack Osborne, 47, of West Main Street, Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Osborne is accused of pulling another person to the floor by the person's hair and then hitting and kicking that person. A child was allegedly in the room. Osborne was jailed on $500 bail.

Zachary J. Ayres, 19, of 544 Bankside Drive, Hamlin, is accused of failure to appear on charges of petit larceny. Ayres was arrested by Officer Jason Ivison on the warrant, arraigned and jailed on $500 bail or $1,000 bond. Ayres was also charged with obstructing governmental information for allegedly providing a false name and information when previously arrested.

Katherine M. Luderman, 34, of 336 Ellicott St., lower, Batavia, was arrested on a bench warrant for disorderly conduct. Luderman was released after paying the remaining $50 of a fine.

A 17-year-old Hutchins Street resident is charged with falsely reporting to law enforcement an incident. The youth allegedly filed a false report of a residential burglary.

Kyle W. Nash, 26, of 219 N. Spruce Street, #76, Batavia, is charged with harassment, 2nd. No details released.

Andrew J. Duckworth, 34, of 128 Jackson St., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and criminal mischief. Duckworth was arrested following an alleged domestic incident. He was jailed on $1,000 bail.

Daniel T. Henning, 33, of 120 S. Swan St., upper, Batavia, is charged with petit larceny. Henning is accused of shoplifting from Tops. He was jailed on $1,000 bail.

Tammy L. Schenck, 37, 20 N. Spruce St., A12, Batavia, is charged with acting in a manner injurious to a child less than 17 years old and harassment, 2nd. No details released.

Eric R. Kelm, 32, of 25 Union Square, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to use headlights with windshield wipers. Kelm was stopped at 2:32 a.m. Saturday on Summit Street, Batavia, by Officer Arick Perkins.

Grand Jury indicts convicted child molester on 11 new counts

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Sean M. Vickers, a former Batavia resident and convicted child molester now living in Geneva, is indicted on 11 counts. The first accuses Vickers of a course of sexual conduct against a child in the first degree, a Class B violent felony. It is alleged that in Genesee County, over a period of time between Nov. 2, 2001 and Feb. 23, 2004, this adult male engaged in two or more acts of sexual conduct, which included at least one act of deviate sexual intercourse, with a child under 13 years old. In count two, Vickers is accused of predatory sexual assault against a child, a Class A-II felony, for allegedly engaging in two or more sexual acts, including at least one act of deviate sexual intercourse, with a child under 13. This allegedly occurred between the summer of 2012 and Nov. 8, 2012 in Genesee County. In counts three and four, he's accused of criminal sexual acts, 1st, Class B violent felonies, for allegedly engaging in oral sexual conduct between Nov. 9, 2012 and the spring of 2013. In count five, he's accused of allegedly engaging in anal sexual conduct, a Class B violent felony, also within the aforementioned time frame. In count six, Vickers is accused of predatory sexual assault against a child, a Class A-II felony, for engaging in two or more sex acts, including at least one act of deviate sexual intercourse, with a child under 13. These acts allegedly occurred between the summer of 2012 and Nov. 8, 2012. In counts seven and eight, he is accused of criminal sexual acts, 1st, Class B violent felonies, for allegedly engaging in oral sexual conduct with a child under 13, sometime between Nov. 9 and the spring of 2013. In count 10, he's accused of first-degree sexual abuse, a Class D violent felony, for allegedly subjecting a person under age 11 to sexual contact. In count 11, Vickers is accused of a misdemeanor -- endangering the welfare of a child -- for allegedly knowingly acting in a manner likely to injure the physical, mental or moral welfare of child under 17. This allegedly happened between June 2012 and March 2013.

Michael J. Elmore, Nicholas J. Adkins and Rebecca G. Morse are indicted for burglary in the third degree, a Class D felony, for allegedly entering or unlawfully remaining in a paint store on Liberty Street in the City of Batavia on June 1 with the intent of committing a crime. In count two, they are charged with petit larceny -- stealing cash, a Class A misdemeanor, in the same alleged incident.

Karen L. Jones is accused of driving while intoxicated, a Class E felony. It is alleged that on June 30 in the Town of Batavia she drove a 2008 GMC on Route 63 while intoxicated. In count two of the indictment, Jones is accused of aggrevated DWI by allegedly having a BAC of .18 or more at the time.

Jonathan E. Fox is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2005 Chevrolet on Route 19 in the Town of LE Roy while intoxicated. This allegedly occurred on May 23.

Patrick O. Spikes is indicted for the crime of third-degree criminal mischief, a Class E felony, for allegedly damaging another person's property -- a 2001 Nissan -- in an amount more than $250. This allegedly occured on Aug. 10 in the City of Batavia.

Active shooter reported on Bloomingdale Road

By Howard B. Owens

State Police and Sheriff's deputies are at a location on Bloomingdale Road where a person with a gun is apparently firing shots.

One officer said it sounded like a .22 rifle. Another said, "that last shot came from over by the woods, by the car."

The county's emergency response team (aka SWAT) is being dispatched.

UPDATE 2:39 a.m.: A reader who heard the start of the call said it began with the report of a domestic disturbance, with a female caller reporting the male half was threatening to kill her. A Mercy ambulance is dispatched, we believe as a precaution. Also Alabama fire is being assembled at its hall.

UPDATE 3:57 a.m. (by Billie): The ERT response is cancelled. Mercy medics and Alabama firefighters are back in service. No further information available at this time.

UPDATE 4:18 a.m.: At this point, we don't have any further information about what actually happened and how local law enforcment handled (or decided to handle) the situation. We will provide any updates that become available.

Detective worries there may be more victims locally of alleged child molester

By Howard B. Owens
Current booking photo Sex offender registry

It's not hard to imagine there are possibly more victims locally of Sean Vickers, who is facing multiple felony counts of alleged child sexual abuse in Genesee and Niagara counties, said Det. Kevin Czora.

Vickers was indicted Friday on 10 more felony counts stemming for the alleged abuse of four victims from the 1990s to the 2000s in Batavia. The 44-year-old Geneva resident was originally arrested in May following an investigation by Batavia PD that started when Niagara County investigators brought information to local detectives about potential victims in the city.

Since Vickers lived in more than one residence in the county over the years, Czora said, it's possible -- if Vickers is the kind of monster the charges against him suggest -- that there are victims out there whom local investigators know nothing about.

"Currently, just by the numbers we're aware of, he's a serial abuser," Czora said.

That's why local investigators are asking anybody who knows anything about Vickers and possible victims to contact law enforcement.

To contact Batavia PD, call (585) 345-6350 or outside the city, contact your local law enforcement agency.

Vickers is accused of sexually molesting three boys in the Barker and Middleport areas last year. Last month he was indicated in Niagara County on six counts of predatory sexual assault against a child. He faces from 25 years to life in prison on the Genesee and Niagara counties charges.

At the time of his arrest, Vickers was already a registered Level 3 sex offender. He had a misdemeanor conviction for a sexual act in Monroe County and in 2009 he was convicted of a felony in New Hampshire for victimizing an underage boy there.

Last May, David A. Vickers, the 49-year-old brother of Sean, was arrested on a federal charge of transportation of a minor with intent to engage in sexual activity. The charge carries a maximum possible sentence of life in federal prison.

David Vickers is accused of molesting a boy from Buffalo over a 10-year period and a Batavia boy over a five-year period, according to the Buffalo News. The first case allegedly began in 1989 and the second in 1999.

Sean Vickers allegedly introduced his brother to the Batavia boy.

When news broke of Vicker's arrest in May, the media reports prompted some people who are now adults to come forward and report they were allegedly abused by Vickers.

In the cases of those adults, however, the alleged crimes happened at a time when the state's statute of limitations on child sexual abuse was five years.

That doesn't mean, however, knowing about those alleged acts and gathering that evidence is a waste in the Vicker's case, Czora said. The more evidence gathered, the more it will help in the prosecution of the alleged crimes that aren't covered by the statute of limitations.

"We've reached out as best we can and now it's a matter of them reaching out to us to let us know what they're aware of and if they've been abused," Czora said. "Some of them, depending on the time frame, we may not be able to do anything criminally, however, there's always counseling, which every victim is entitled to even if the case is prosecuted or not."

For the adults who did come forward after the news came out, there was a sense of closure, Czora said.

"Each case makes the other cases that much stronger and it shows the seriousness and how far Sean Vickers has gone and how he damaged so many different lives," Czora said. "All that can be used later through the courts."

VIckers is currently being held in the Genesee County Jail on $500,000 bail or $500,000 bond. The judge in Niagara County ordered Vickers held without bail.

Overnight robbery of convenience store in Bergen prompts Sheriff's Office to seek public's help

By Billie Owens

Press release:

The Genesee County Sheriff's Office is investigating a robbery that occurred early this morning at the Sugar Creek store on Route 33 in the Town of Bergen. At about 1:30 a.m. a white male entered the store and demanded cash from the clerk. He implied he had a weapon although none was displayed. The clerk complied with the demand and the suspect was able to flee with cash from the register. The suspect was last seen leaving the store on foot headed east. If anyone has any information regarding the incident please contact the Genesee County Sheriff's Office at (585) 343-5000.

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