crime

Kyle Justin James Jackson, 20, of Slusser Road, Batavia, is charged with burglary, 2nd. Jackson is accused of entering a residence on Batavia-Oakfield Townline Road, Batavia, and stealing property. Jackson was jailed on $5,000 bail.

Jonathan Edward Fox, 25, of Rumson Road, Rochester, is charged with DWI, refusal to take breath test and failure to dim headlights. Fox was stopped at midnight, Monday, on Route 19 in Le Roy by Deputy Matthew Butler.

Batavia PD is looking for the public's assistance in resolving an alleged bike theft at 400 Towers on the night of May 19.

The subject in these photos is wanted for questioning and police are asking the public's help in identifying him.

Anybody with potentially helpful information should contact Officer Jamie Givens at (585) 345-6450.

Updated with a little more info, 10:03 a.m.

Drugs and a gun were allegedly found in a Nissan Altima located on State Street Road, Batavia, on Tuesday evening following a complaint of a suspicious vehicle.

Three men from Rochester were with the vehicle and all three were arrested following a search of the Altima.

One man was allegedly found with a loaded handgun and investigators also allegedly found cocaine, heroin and marijuana.

Arrested and held on $25,000 bail after being arraigned in Town of Batavia Court on charges of criminal possession of a narcotic drug with intent to sell, criminal possession of a loaded firearm and unlawful possession of marijuana was 23-year-old Omar Francisco Negron-Mejias of Herald Street, Rochester.

Nicolas Luis Roman, 22, of Ketchum Street, Rochester, was charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.

Neal John Schifano, 36, of Willington Avenue, Rochester, was charged with possession of a hypodermic instrument.

The vehicle drew attention because one of the subjects was out of the vehicle walking around it, said Chief Deputy Jerome Brewster. When Deputy Joseph Graff arrived the man got back in the vehicle and proceeded to a nearby driveway and Graff approached it a second time.

Brewster said contraband was observed in the vehicle and the investigation proceeded from there.

Investigators are still trying to determine why the men were in Batavia.

The investigation is ongoing and further charges may be pending.

The Sheriff's Office received the report of a suspicious vehicle at 6 p.m. and Deputy Graff responded. He was later assisted at the scene by were members of the Local Drug Enforcement Task Force and Batavia PD.

One person is accused of illegally growing marijuana following a Local Drug Enforcement Task Force raid of a Pearl Street residence on Thursday.

Alex Dumbleton, 19, of Pearl Street, Batavia, is charged with unlicensed growing of cannabis, a Class A misdemeanor, and a violation of unlawful possession of marijuana.

Also cited for alleged unlawful possession of marijuana were Sonya M. Bale, 28, and Sterlyng J. Wilcox, 26 , both of Pearl Street.

The task force executed a search warrant on the residence.

Dumbleton, Bale and Wilcox were allegedly found in possession of marijuana.

Investigators report also finding drug paraphernalia.

Dumbleton was allegedly found to be growing marijuana plants.

All three were arrested and issued appearance tickets.

Assisting in the investigation were the District Attorney's Office, Batavia PD and Sheriff's deputies.

Brodes J. Gibson, 52, of 13 Thorpe St., Batavia, is charged with criminal trespass, 2nd (unlawfully entering a dwelling), and criminal contempt, 2nd. Gibson is accused of entering a dwelling on Thorpe Street at 12:24 a.m., Tuesday, and allegedly violating a complete stay away order.

Alicia Ann Burgess, 22, of Sharrick Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, failure to keep right, moving from lane unsafely. Burgess was stopped at 1:14 a.m. on Buffalo Street, Alexander, by Deputy Joseph Corona.

Jason A. Klinkbeil, 24, of 80 South St., Le Roy, is charged with petit larceny and criminal traspass, 3rd (entering an enclosed property). Klinkbeil is accused of stealing scrap metal from a location at 653 Ellicott St., Batavia. Also charged, Nathan S. Snyder, 27, of 7185 W. Main St., Le Roy.

Tracy L. Hume, 41, of 3351 Iroquois Road, Caledonia, is charged with DWI, failure to use a turn signal, failure to keep right and failure to submit to breath screening device. Hume was stopped by Le Roy PD at 12:28 a.m., Saturday, on Clay Street for an alleged traffic infraction.

Tiana N. Terry, 31, of 30 Buell St., Batavia, is charged with menacing, 2nd. Terry allegedly threatened another person with a knife during a domestic incident reported at 10:21 p.m., Saturday.

Jason D. Alessi, 20, of 9741 Simonds Road, Corfu, is charged with making graffiti. Alessi was allegedly caught spraying painting some equipment at the Skate Park off Evans Street, Batavia.

Kevin O. Simmons, 53, of 20 Central Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, leaving the scene of a property damage accident and unlicensed driver. Simmons was arrested by Sgt. Jason Davis following an investigation into a property damage accident reported at 2:30 a.m., May 18, at 210 State St., Batavia.

Steven Matthew Seyler, 22, of Bridgeman Road, Sanborn, is charged with DWI, driving with a BAC of .08 or greater, speeding (44 in a 35 mph zone) and failure to keep right. Seyler was stopped at 12:39 a.m., Monday, on Route 33, Corfu, by Deputy Frank Bordonaro.

Youths are reportedly tipping picnic tables over at the Elroy D. Parkins Memorial Park on Drake Street in Oakfield. Sheriff's deputies are responding.

At least five black males are reportedly fighting in the parking lot of the Batavia Meadows Apartments on West Main Street. Law enforcement is responding.

A fight is reported in front of 107 Jackson St. City police are responding.

Bryan McWayne Hargrave, 26, of Morrow Road, Pavilion, is charged with criminal possession of stolen property, 3rd. Hargrave was reportedly found in possession of a vehicle and tools that had been reported stolen in Le Roy on Saturday. Hargrave was jailed on $20,000 bail.

Woodrow Clarence Horseman, 37, of State Street, Batavia, is charged with petit larceny. Horseman was allegedly caught shoplifting at Kmart.

Beth M. Overacker, 34, of North Chili, is charged with operating a motor vehicle while impaired by drugs, aggravated DWI (child in car), endangering the welfare of a child, controlled substance not in original container and criminal possession of a controlled substance, 7th. Overacker was stopped at 11:53 a.m., Saturday, on R. Stephen Hawley Drive, Batavia, by State Police. Overacker was held on bail. No further details released.

Jason W. Lebar, 27, of Stafford, is charged with illegal discharge of a firearm and criminal possession of a weapon, 4th (prior criminal conviction). Lebar was arrested by State Police in connection with an alleged incident reported at 7:08 p.m., Saturday. No further details released.

The following people were arrested by members of the Genesee County Sheriff's Office during the Tim McGraw concert at Darien Lake Performing Arts Center on Sunday.

Michaelk P. Sobolewski, 19, of Edward Street, Lancaster, is charged with unlawful possession of marijuana and alcohol after allegedly being found in possession of marijuana and alcohol being under age 21.

(name redacted upon request), 23, of Covell Road, Brockport, is charged with trespass after allegedly refusing to leave the concert venue.

Mitchell G. Wilkinson, 20, of Willow Woods, Alden, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Devin M. Karnath, 17, of Seneca Street, West Seneca, is charged with harassment, 2nd, after allegedly punching another concert patron.

William R. Briggs, 20, of South Main Street, Wayland, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Kyle G. McCarthy, 21 of Gordon Avenue, Lancaster, is charged with resisting arrest, disorderly conduct and trespass after allegedly reentering the concert venue after being ejected and told not to return several times and then resisting arrest.

Lacey M. Soro, 16, of Tuscarora Road, Niagara Falls, is charged with harassment, 2nd, after allegedly striking a security guard several times.

The following people were issued citations for allegedly possessing alcohol under age 21.

Leanne M. Webb, 16, of Bartlett Road, East Aurora
Kennedy M. Weltjen, 16, of Waverly Street, Springville
Jordan M. Napierala, 20, of Nob Hill, Rochester
Danielle P. Dolegowski, 19, of Stolle Road, East Aurora
Daniel J. Harrington, 19, of South Transit Road, Lockport
Alexa M. Mina, 19, of Park View Drive, Pittsford
Taylor L. Clark, 17, of Langer Place, Webster
Kala M. Wilkins, 19, of Simsbury Lane, Pittsford
Tyler D. Piscitello, 19, of Liebler Road, Boston
James S. Tam, 20, of Wood Run Rochester
Kyle J. Callea, 18 of Quail-Run Lane, Lancaster
Karlie J. Johnson, 19 of South Portage, West Field
Kelly N. Crouch, 17, of Lancer Court Depew
Matthew J. Dunne, 20, of Carmen Street, Amherst
Alexander G. Moore, 19, of Comstock Road, Lockport
Ridge A. Hawk, 20, of Whitetail Drive, Marilla
Adam D. Ostrowski, 18, of Canwell Street, Lancaster
Jacob D. Radka, 16, of Kibbe Avenue, Batavia
Allison L. Stock, 17, of Bennett Road, Angola
Megan M. Crowley, 19, of Abbey Road, Whitesboro
Marisa C. Coleman, 20, of Obrien Road, Rome
Marisa N. Scozzaro, 18, of Willow Ridge Lane, Lancaster
Jacqueline L. Porreca, 18, of Southpoint Drive, Lancaster
Eric R. Schlegel, 20, of Southpoint Drive, Lancaster
Jennifer M. Jankowski, 20, of Fruitwood Terrace, Williamsville
Laura A. Dilts, 19, of Route 96A, Romulus
Jeremiah W. Tomion, 19, of Ferguson Corners Road, Penn Yan
Samantha E. Demmerley, 19, of Lakeshore Road, Derby
Nicole L. Littlejohn, 18, of Texas Street, Angola

Charles Walker Brown, 37, of Canterbury Lane, Bergen, is charged with grand larceny, 3rd.  Brown, who was managing a restaurant on West Main Street Road, Batavia, is accused of using funds in excess of $3,000 for his own personal gain.

Jon Thomas Magliocco, 36, of Jackson Street, Batavia, is charged with failure to report a change of address as a sex offender. Magliocco was jailed on $5,000 bail.

Pamela J. Brochu, 53, of Portage Drive, Polk City, Fla., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right and moving from lane unsafely. Brochu was stopped at 1:08 a.m., Thursday, on Judge Road, Alabama, by Deputy Joseph Corona.

Brendan D. Curry, 32, of Batavia, is charged with DWI and driving drunk with a child in the car. Curry was stopped at 1:50 a.m., Thursday, by State Police in the Town of Batavia.

A 28-year-old Warsaw resident is in the Genesee County Jail tonight after being accused of throwing his 7-year-old son to the floor while in the toy department at Walmart this afternoon.

Christopher P. Cummings was arraigned in Town of Batavia Court in front of Justice Thomas Williams on charges of harassment, 2nd, and endangering the welfare of a child and ordered held on $2,500 bail.

The boy was taken to UMMC by Child Protective Services for a precautionary evaluation and is reportedly uninjured.

In court tonight, Cummings said, "I was in the wrong, obviously."

The alleged incident was reported at 2:30 p.m. after a witness reported seeing Cummings pick the boy up by his shoulders and "slam" him to the floor.

"I screamed at the man and told him to leave the child alone," the witness said in a written statement.

The arresting officer, Trooper Eric Daigler, wrote in the report filed with the court -- known as an accusatory -- that Cummings was seen lifting the boy over his head and then "throw him to the floor."

Cummings then reportedly picked up the boy and started to walk away. He was joined by a young woman and two children and all five quickly exited the store.

The man who said he had screamed at Cummings called 9-1-1.

Several witnesses reportedly either saw the incident or heard the commotion. Cummings was reportedly yelling very loudly at the boy.

In a written statement, Cummings admits to the incident.

He said the boy had been with his mother who was looking at clothing, but the mother complained the boy was misbehaving and asked Cummings to watch over him.

Cummings took his three boys to look at video games, but the oldest boy wasn't interested, so they went to the toy section.

The boy became interested in some playing cards, something like, Cummings wrote, "Pokemon or Skylander." The boy asked for the cards and Cummings said no. The boy then tried to open the cards and Cummings told him not to and the three boys and their dad walked to the next aisle.

The boy then said he was going back to put the cards away. When he returned, he had the cards out of the packaging and the wrapper was gone.

Cummings said he slapped the 7-year-old with an open hand. The boy fell to the floor and started to cry.

"He argued about the cards," Cummings said. "That's when I picked him up and slammed him down.

"That's when people in the store started yelling at me," Cummings added. "(The boy) had sprawled himself out and was throwing a temper tantrum."

Cummings said he picked the boy up, was joined by the boy's mother and he told her people were yelling at him and that he had slapped the boy.

He was aware, he said, that people said they were going to call the police, but he wasn't sure if anybody actually had.

The family drove to the Tonawanda Indian Reservation and while there received a phone call from the mother of the mother who said the incident had made the news.

The family returned to the Pavilion residence of the mother and three children and Cummings continued on to Warsaw.

"I know I have anger management problems and I want to get help for it," Cummings wrote at the end of his statement.

The mother called the Sheriff's Office and was put in touch with Trooper Holly Hanssel who convinced her to have Cummings return to Pavilion, which he did. By that time, Cummings had already been identified as the suspect by several callers who had seen the news report. State Police were at the residence by the time Cummings returned.

He was taken into custody without incident.

Justice Williams issued a complete stay away order of protection for Cummings. For the time being, at least, he's to have no contact whatsoever with his three sons.

In a news release to all WNY media outlets, State Police said that investigators had no leads on who the suspect was until the post appeared on The Batavian.

"Within minutes of the posting leads as to the suspect’s identity began coming in," the news release reads, and concludes, "Troopers credit the swift apprehension of Cummings to the posting of his picture by the online news outlet and the public’s willingness to come forward with the information that led to his identity."

Police are concerned for the well being of a young boy whom witnesses say was slammed to the floor by a male subject while inside Walmart and are seeking the public's quick assistance in locating the boy and the suspect.

A witness said he saw a man pick up a boy who is believed to be about 8 or 9 years old, lift him over his head and slam him to the floor.

Trooper Holly Hanssel said she believes the boy suffered injuries.

The man, the boy and a woman along with two other boys, believed to be ages 4 and 5, left their basket of items and exited the store after a man who witnessed the incident confronted the suspect and told him to stop.

The group ran toward the exit and drove away in a dark-colored sedan in the style of a Buick Century or Chevy Lumina.

The alleged incident was reported just before 2:45 p.m.

The male suspect is described as white with dirty blond hair and 5'8" tall. The female is blonde, wearing a red tank-top and skirt. The boy was wearing a green shirt.

Anybody with information that may assist in locating the boy so police can check on his welfare are asked to call the State Police Batavia Barracks at (585) 344-6200.

(Initial Report)

UPDATE 6:30 p.m.: Law enforcement has taken into custody 28-year-old Christopher Cummings, of Pavilion, in connection with the incident. Charges, if any, are as yet unspecified. Child Protective Services responded and notes there are bruises to the child's arm.

Note: No further phone calls about this incident are necessary. Law enforcement has enough information at this point, but thanks the public for their assistance.

Press release:

BUFFALO -- U.S. Attorney William J. Hochul Jr. announced today that Jerald Kicinski, 48, of East Bethany, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to receipt of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of 40 years, a fine of $250,000, or both.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between December 2010 and December 14, 2011, the defendant received child pornography on his computer at his residence in East Bethany. These images had been transmitted to the defendant in interstate commerce via the Internet. Kicinski was previously convicted of sexual abuse in the second degree in 2002 and sexual abuse in the third degree in 1990. Both of the defendant's prior convictions involved minors.

The plea was the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, special agent In charge. Sentencing will occur in front of Chief Judge William M. Skretny. No sentencing date has been scheduled.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Bruce Jeramie Brade, 32, of Stroh Road, Attica, is charged with identify theft, 3rd. Brade allegedly used the personal information of another person, including a credit card number, for personal benefit.

Llani Marie Gerrastzu, 18, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Gerrastzu was allegedly found in her home with marijuana at 6:35 a.m., Wednesday.

Shannon Ann Caton, 38, of Fisher Road, Oakfield, is charged with harassment. Caton was allegedly involved in a fight at her place of employment on April 2.

Eric A. Ion, 40, of Brant, is charged with criminal contempt. Ion is accused of violating a court order in Alexander at 4:14 p.m., May 14. Ion was arrested by State Police. No further details released.

Michelle G. Robb, 55, of Corfu, is charged with driving while impaired by drugs. Robb was stopped at 8:06 p.m., May 14, by State Police on Route 77, Pembroke. No further details released.

Richard A. Demmer, 20, of Oakfield, is charged with harassment, 2nd. Demmer was arrested by State Police related to an alleged incident reported at 5:20 p.m., May 14.

One of the two brothers recently accused of sexually abusing children in multiple jurisdictions over the past three decades appeared in Genesee County Court this afternoon to answer to a felony grand jury indictment.

Sean M. Vickers, 44, of 117 Andes St., Geneva, entered a not guilty plea to single count of a course of sexual conduct against a child in the first degree, a Class B felony.

Vickers is accused of sexual relations with a child while a resident of Batavia more than a decade ago.

According to Batavia PD, after media reports of his arrest, more people came forward accusing either Vickers or his brother of sex-related crimes.

While Sean Vickers, already a registered Level-3 sex offender, has yet been charged with any additional crimes, the FBI arrested David Allen Vickers, 49, of Stanley, and accused him, while working as a truck driver, of transporting a child to New Jersey, Pennsylvania and Canada and engaging in sexual activity.

The two brothers are suspected of sexual activity with children going back 30 years.

Police are asking that anybody that may have children who came into contact with the Vickers or people who are now adults that may have had contact with the Vickers to contact police or the FBI.

Chad M. Johnston, 27, of 15 N. Lyon St., Batavia, is charged with criminal possession of a controlled substance, 7th, public appearance under the influence of a narcotic and possession of a hypodermic needle. Johnston was observed at 10:15 p.m., Monday, on Liberty Street by Officer James DeFreze, under the apparent influence of a drug. Upon investigation, Johnson was allegedly found in possession of heroin and a needle.

David Michael Robinson, 51, of Lake Street Road, Le Roy, is charged with forcible touching. Robinson is accused of touching the intimate body parts of another person after being told not to do so.

A 16-year-old and a 17-year-old resident of Porter Avenue are both charged with criminal mischief, 3rd, criminal tampering, 3rd, and unlawful possession of marijuana (16-year-old only). The youths are accused of going into the bedroom of their sister and brother-in-law and damaging all of their personal property, throwing everything on to the floor and down a stairwell. A marijuana pipe was found at the residence of the youth while Officer James DeFreze was at the location questioning the 16-year-old.

Jessica R Johns, 30, of 122 Jackson St., lower, Batavia, was arrested on a warrant out of City Court related to a DWI charge. Johns allegedly failed to report to jail. She was jailed on $5,000 cash bail or $10,000 bond.

A 29-year-old Gilbert Street resident ahs been accused of sexually assaulting another Gilbert Street resident May 9 and is being held without bail on felony charges.

Charles D. Johnson, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, is charged with 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.

Johnson's arrest came at the end of a two-week investigation that Le Roy PD described in a press release as "intensive" and involving assistance from law enforcement in multiple jurisdictions.

Among the cooperating agencies was the Florida DNA Databank.

Johnson is accused of busting into the residence of a woman on Gilbert Street and sexually assaulting her at knife point.

In its press release, Le Roy PD praised the bravery of the victim "who was placed into a violent situation and handled herself with dignity."

Assisting Le Roy PD were officials at the state and national level who, Le Roy PD said, "understood the seriousness of this crime and worked cooperatively together to assist the victim, gather and process the evidence, identify witnesses and a suspect and eventually make an arrest."

Immediately after the crime was reported, police responded from Le Roy and the Sheriff's Office along with the K-9 units from the State Police and Monroe County to conduct a search for the assilant.

The Genesee County and Monroe County reap crisis agencies also assisted.

Also involved were the Monroe County Crime Lab, NYSP Crime Lab and the District Attorney's Office.

An arrest has been made in the home invasion sexual assault reported in Le Roy earlier this month, according to Le Roy PD Chief Chris Hayward.

Hayward said the suspect is being processed and there will be no details released for at least several hours.

The arrest was made within the past 45 minutes.