crime

New burglary charges have been filed against Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, who was arrested Jan. 1 while allegedly committing a burglary on Washington Avenue.

Batavia PD announced this morning that Smith is now a suspect in burglaries on River Street, South Main Street, Pearl Street, Madison Avenue and Franklin Street.

In all, he faces seven new burglary charges to go along with the initial charge from Jan. 1 as well as two additional charges brought by the Sheriff's Office earlier this week.

Smith is being held in the Genesee County Jail.

The sentencing for Randy Johnson, a Batavia man who admitted in November to causing a baby's brain injuries, was delayed today because Judge Robert C. Noonan wants to hear from an expert witness before deciding how to proceed.

Noonan said he has the full range of sentencing options for Johnson, from probation to seven years in prison, but he doesn't have enough information.

"The missing companion is a medical analysis of exactly what conduct had to be occasioned on the victim in order to cause such a serious medical outcome," Noonan said.

Noonan would like prosecution to bring in either the treating physician or an expert in shaken baby syndrome to fill in the missing information.

He said the defense would also have an opportunity to present testimony and the defense would have the option of putting Johnson on the stand.

Both of the primary attorneys in the case, District Attorney Lawrence Friedman, and Deputy Public Defender William Tedford, are on vacation, therefore not in court today. Noonan asked for a date -- 10:15, a.m. March 14 -- with both attorneys able to give an estimate of the time they would need for testimony.

The hearing will set be at a later date.

On Nov. 28, Johnson admitted to causing the injuries to the baby, but entered his pleas to reckless assault on a child on an Alford plea basis. He said he cold not admit to the specific actions attributed to him by the prosecution.

Jihad Abdul Hakiim, 19, of W. 168th St., New York City, and William A. Hucks, 18, of State Road, Webster, are charged with burglary, 2nd. Hakiim and Hucks allegedly entered a dormitory suite at College Village through a window and took two XBox game consoles and games. Hakiim was jailed on $15,000 bail and Hucks was jailed on $5,000 bail. The case was investigated by Deputy Brian Thompson with K-9 Pharoah, Investigator William Ferrando, Deputy Patrick Reeves and Trooper Eric Daigler.

Jessie Marie Cramer, 27, of Bank Street, Batavia, was arrested on a bench warrant. Cramer allegedly failed to appear in Town of Batavia Court on a petit larceny charge.

Justin Ryan Bidell, 38, of Meadville Road, Basom, was arrested on a bench warrant. Bidell turned himself in to the Sheriff's Office on a warrant for alleged failure to pay fine.

Andrew William Bruckman, of Robertson Road, Churchville, is charged with unlawful possession of marijuana. Bruckman was stopped on Route 33, Stafford, at 6:08 p.m. on Saturday by Deputy Kevin McCarthy, for allegedly pulling a trailer with switched plates and having an unregistered trailer. During the stop, Bruckman was allegedly found in possession of marijuana.

Steven Ronald Dennis, 23, of Maple Ridge Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (94 in a 55 mph and 84 in a 30 mph), and unlawful possession of marijuana. Dennis was stopped at 1:21 a.m., Sunday, on Water Street, Oakfield, by Deputy James Diehl.

Eric Alexander Ion, 40, of Pike Road, Batavia, is charged with felony criminal contempt and assault, 3rd. Ion allegedly violated an order of protection by assaulting the protect party, causing injury. Ion was jailed on $2,500 bail.

Jon Hoyt Bush, 29, of Route 98, Elba, is charged with criminal contempt, 2nd.  Bush was arrested on a warrant after being released from the Livingston County Jail. Bush was jailed in Genesee County on $1,000 bail.

Cazan Jayrryary Cummings, 20, of Avenue W, Brooklyn, is charged with trespassing. Cummings was allegedly at College Village after being banned from the property.

Nicole Lee Cramer, 23, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Cramer was a passenger in a vehicle stopped on Route 5, City of Batavia, at 1:07 a.m. on Saturday by Deputy Patrick Reeves. Cramer was allegedly found in possession of alcohol in a motor vehicle. Upon further investigation, an amount of suspected cocaine was found concealed in an undergarment.

Francis Scott Smith, 19, who was allegedly caught in the act of burglarizing a home in Batavia on Jan. 1, has been accused of stealing from two other homes in Pembroke in September and October.

Smith, who is being held in the Genesee County Jail on his previous charge, was arraigned in Pembroke Town Court yesterday and then returned to the jail.

He is accused of stealing cash and jewelry from two separate homes on Read Road, Pembroke.

The new charges follow an investigation by William Ferrando with the Sheriff's Office.

Parents in the Batavia City School District were informed tonight that a student at Batavia Middle School is being disciplined for bringing a BB gun to school.

It wasn't a rifle, it wasn't a handgun, it was a BB gun a student had a in backpack in his locker, Superintendent Christopher Dailey emphasized in an interview tonight.

"He didn't think it would be anything to worry about," Dailey said. "Unfortunately for him, it was a really bad choice. He didn't have it at school to hurt anyone or defend himself. He wanted to play with it after school. It was a random poor choice by a kid."

The search was initiated, Daily said, because school officials suspected the student may have brought tobacco to school.

The "random poor choice" by the student had landed the kid in Family Court, according to Batavia Police Chief Shawn Heubusch.

Heubusch confirmed tonight that school officials turned over to police a BB gun that was located in a student locker.

"Batavia school officials should be praised for their quick response to this incident," Heubusch said.

Dailey said school officials take issues like this seriously and his automated phone call tonight was aimed at keeping parents informed and designed to quell rumors about it possibly being a more serious matter.

"I felt it important to share because we don't have anything to hide," Dailey said.

In his message, Daily said, "Having a BB gun on school grounds is against district policy. The BB gun was turned over immediately to the Batavia City Police. The student was removed and will be held accountable according to our district code of conduct."

A man allegedly caught in the act of burglarizing a residence on Griswold Road in Le Roy Feb. 12, has been charged with five more burglaries in Stafford and Bergen.

Jeffrey J. Leaton, 22, of Caswell Road, Byron, was arraigned in Bergen Town Court today on five counts of burglary, 2nd, a Class C felony.

Leaton is accused of stealing jewelry and cash from two homes on Griswold Road, Stafford, and homes on West Bergen, Hunter and Peachey roads, Bergen.

The suspect remains jailed on $20,000 bail.

Sandra Eileen Pawlukewicz, 46, of Gibson Street, Bergen, is charged with criminal possession of stolen property, 5th. Pawlukewicz was stopped at 4:26 p.m. Tuesday on Lake Road, Le Roy, by Deputy Matthew Butler. She was allegedly driving a vehicle with switched plates and a suspended license. The plates were later found to be stolen.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with criminal contempt, 2nd. Perry is accused of violating a court order by contacting a person he was ordered not to contact. Perry allegedly placed more than 100 phone calls to the person while at the Genesee County Jail.

A 17-year-old resident of Quinlan Road, Le Roy, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Jon Hoyt Bush, 29, of Oak Orchard Road, Elba, was arrested on a Family Court warrant out of Livingston County. Bush was taken into custody at the Sheriff's Office after Bush went to the office with another individual on an unrelated matter and Deputy Joseph Corona recognized Bush as a warrant suspect.

Earl Francis Sprague, 42, of 1366 Church St., Alabama, already indicted on 28 counts of sexual abuse, is facing new felony charges after he was arraigned in county court today on a new indictment.

The sealed Grand Jury indictment was opened by Judge Robert C. Noonan while Sprague was in court. It contained 12 new counts against Sprague, who has also been accused of trying to have somebody murdered.

Among the new counts against Sprague is predatory sexual assault, a Class A-II felony that carries a possible sentence of 10 to 25 years in prison.

He's also charged with two Class B felonies of first-degree burglary. People convicted of Class B felonies can be sent to prison for up to 25 years.

He's also charged with first-degree sexual abuse, assault, 1st, and four counts of criminal contempt, 2nd.

In the new indictment, Sprague is accused of unlawfully entering a dwelling in the Town of Alabama and causing physical injury to another person at least twice in January, 2010.

He is accused of subjecting another person to sexual contact by force and using a foreign object in a sexual manner by force.

The predatory sexual abuse charge alleges that in the process of the forced sexual contact with a foreign object he caused physical injury to the victim.

Sprague is also accused of contacting by telephone on four separate occasions in September and January a person he was ordered by a judge not to contact.

Previously:

• Alabama man accused of first abusing child 13 years ago
• Grand Jury indicts Alabama man on 28 counts of sexual abuse
• Sprague accused of soliciting for murder
• Man accused of sexual abuse pleads not guilty, bail reduced
• New attorney for man accused of sexual abuse given time to study the case

Local law enforcement officers believe they've figured out who's been on a spree of wooden pallet thefts in the county recently.

James J. Moscicki, 32, of 1309 Dale Road, Dale, has been charged with one count of grand larceny.

He was arrested today by Batavia PD and accused of stealing $2,400 worth of pallets from a business in the city.

Though not charged yet, Moscicki may be a suspect in pallet thefts elsewhere in Genesee County.

City police have been working on the investigation with the Sheriff's Office and Le Roy PD.

It's alleged that Moscicki has been stealing the pallets and selling them to businesses in the county. He was reportedly transporting pallets in a silver Dodge Neon with a small utility trailer.

Some of the pallets were marked with identifying numbers.

Deputy John Duyssen requests that anybody with information that might lead to the recovery of pallets to contact him at (585) 345-3000, ext. 3233.

Kelly L. Alcorn is indicted on a count of assault, 2nd. Alcorn is accused of slamming a victim against a cinder-block wall at the Darien Lake Performing Arts Center on Aug. 25. (Prior Coverage: Alcorn is a Niagara Falls police officer who was initially charged with a misdemeanor; her alleged victim pressed for upgraded charges).

Nicholas A. Antonucci is indicted on two counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th. Antonucci is accused of attempting to steal a 2007 Yamaha snowmobile with a value of $5,000 from a location in Alexander, and of attempting to steal a 2006 Yamaha snowmobile with a value of $4,000 from a location in Alexander, on or about Jan. 6, 2010. He is accused of stealing on the same date a backpack containing a Leatherman tool, flashlight and beer. He is accused of damaging the ignitions on the snowmobiles. (Prior Coverage)

John R. Chrisley is indicted on two counts of first-degree sexual abuse and one count of endangering the welfare of a child. Chrisley is accused of sexual contact with a child less than age 11 during the summer of 2011.

Armand P. Cummer is indicted on counts of felony DWi and felony driving with a BAC of .08. Cummer is accused of driving drunk Aug. 26 on Route 5, Town of Pembroke. Cummer is alleged to have a prior DWI conviction in 2008.

Francis S. Smith is indicted on a count of burglary, 2nd, and criminal mischief, 4th. Smith is accused of breaking into a residence on Washington Avenue, Batavia, on Jan. 1.

Franchesca Anais Barrome, 20, of Harvester Avenue, Batavia, is charged with criminal possession of stolen property. Barrome allegedly had possession of a credit card and student ID of another person that she used to make purchases at GCC. Barrome was jailed on $2,000 bail. The investigation is pending and additional charges are possible.

Cory M. Dahl, 20, of Pavilion, is charged with criminal mischief, 4th. Dahl was arrested following a report of a domestic disturbance on Dutton Road, Warsaw, on Feb. 13. Dahl is accused of damaging a rear door and a window. Dahl's 19-year-old girlfriend and infant child were reportedly at the residence at the time.

Tate N. Westermeier, 20, of Darien Center, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and driving without headlights. Westermeier was stopped by State Police Feb. 14 by State Police in the Village of Attica. Genesee County Deputy Howard Carlson, a trained drug recognition expert, assisted in the investigation.

Micahel J. Lathan, 27, of Batavia, was arrested by State Police on a Wyoming County Family Court warrant. Lathan allegedly failed to meet obligations set forth in a prior family court appearance. He was jailed on $1,000 bail.

Cameron John Corner, 18, of Vine Street, Batavia, is charged with petit larceny. Corner was arrested along with a 16-year-old West Main Street resident for allegedly shoplifting from Kmart.

Carlos Enrique Reyes, 38, of Lyell Avenue, Rochester, is charged with criminal contempt, 1st. Reyes is accused of violating a stay away order of protection by placing a phone call to the protected person.

A 17-year-old resident of East Main Street, Batavia, and a 16-year-old resident of Otis Street are charged with petit larceny. The two female youths were allegedly observed stealing wooden pallets from Empire Tractor.

Jason Lee Johnson, 30, of Glide Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding, aggravated unlicensed operation and failure to dim headlights. Johnson was stopped at 1:06 a.m., Sunday, on Route 5, Pembroke, by Deputy Patrick Reeves.

Michael Robert Moyles, 34, of Hartshorn Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, following too closely and speed not reasonable or prudent. Moyles was arrested following an investigation by Deputy Jason Saile and Deputy James Diehl into a hit-and-run accident on Ellicott Street, Batavia, at 7:10 p.m., Saturday.

Joseph Paul Elmore, 43, of Walnut Street, Batavia, is charged with unlawful possession of marijuana. Elmore was allegedly found in possession of marijuana during a check by Deputy James Diehl of a vehicle along the roadway at 1:03 a.m. on Route 63.

David James Shultz, 30, of West Main Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and inadequate headlights. Shultz was stopped at 9:20 p.m., Sunday, on West Main Street Road, Batavia, by Deputy Kevin McCarthy.

Erika Lynn Conway, 24, of East Oakfield Road, Grand Island, is charged with DWI and driving with a BAC of .08 or greater. Conway was arrested by Deputy James Diehl at 7:23 p.m., Saturday on Hartshorn Road in Batavia following a driving complaint.

Scott D. Stanley is indicted on counts of first-degree rape, second-degree rape, and two counts of rape, 3rd. Stanley is accused of engaging in sexual intercourse with a person less than 13 years of age some time between April 2011 and May 8, 2011, in the Town of Pembroke. He is also accused of engaging in sexual intercourse with a person less than 15 years old some time between December 2010 and January 2011. He is also accused of engaging in sexual intercourse with a person less than 17 years old.

Timothy J. Petrie is indicted on 10 counts of first-degree sexual abuse and one count of endangering the welfare of a child. Petrie is accused of subjecting a child less than 11 years old to sexual contact in the Town of Pavilion in the summer of 2002, and of forcing sexual contact with a child under age 14 in March 2007. UPDATE: In July 2013, a jury acquitted Petrie on all counts.

Dion L. Clyburn Jr., is indicted on two counts of criminal sale of a controlled substance, 3rd, and three counts of criminal possession of a controlled substance, 3rd. Clyburn is accused of selling cocaint on Aug. 21 at 679 E. Main St., Batavia, and possessing cocaine on that date with intent to sell it.

Robert P. Decarolis is indicted on a count of felony driving while impaired by drugs. Decarolis is accused of driving while impaired by drugs July 6 in the Village of Corfu.

Frederick J. Hensel Jr., is indicted on three counts of criminal possession of a weapon, 3rd. Hensel is accused of possessing on Aug. 15, in violation of Penal Law Section 265.02, a Harrington and Richardson Arms Company .22 caliber revolver, a Colt .25 caliber semi-automatic, and a Harrington and Richardson .28 caliber revolver.

LoriAnne Vogel, 48, of 2401 Spencerport Road, Spencerport, is accused of stealing more than $3,000 from a local business where she worked.

The woman was an office worker, according to Batavia PD and in an attempt to cover up cash deficits, she allegedly falsified business records.

Vogel is charged with grand larceny, 3rd, and falsification of business records, 1st.

Following arraignment in Batavia City Court, Vogel was released under supervision of Genesee Justice.

Andrew Zimba Perdock, 25, of Liberty Street, Batavia, is charged with grand larceny, 4th. Perdock allegedly made an unauthorized charge of $32.40 to a woman's debit card.

Brandt Lonnie Arnold, 32, of Clinton Street, Cowlesville, was arrested on a felony DWI warrant. Following arraignment in Genesee County Court, Arnold was held without bail.

Patricia Lynn Capen, 45, of East Shelby Road, Medina, is charged with DWI, driving with a BAC of .18 or greater, DWAI (drugs and alcohol), driving left of pavement marking and aggravated unlicensed operation, 3rd. Capen was arrested following a report at 9:34 p.m., Wednesday, of an erratic driver on Route 63, Oakfield. Capen was stopped by Deputy Frank Bordonaro.

At least four vehicles were broken into overnight in the area of 358 Bloomingdale Road in Alabama, according to scanner traffic. Sheriff's investigators are on scene. The location is between Shanks and Tesnow roads.

An observant resident may have helped the Sheriff's Office yesterday nab a suspect in a series of burglaries in the county.

So far, Jeffery James Leaton, 22, of Caswell Road, Byron, has only been charged with an alleged burglary on Griswold Road, Le Roy.

According to Deputy Chief Jerome Brewster, Leaton was caught in the act at the Griswold Road home after a person reported suspicious activity at the residence.

Brewster said investigators are looking at Leaton as a possible suspect in other burglaries. There have been strings of burglaries reported since early January in Elba, Oakfield, Byron, Bergen and Stafford.

Leaton has been charged with one count of burglary, 2nd, and is accused of making forced entry into the Griswold Road residence. He was allegedly in the process of stealing jewelry.

Following arraignment in Town of Le Roy Court, he was jailed on $20,000 bail.

A thief struck in the area of Vallance Road and North Road in Le Roy overnight, according to reports on Sheriff's dispatch this morning.

Four locations on Vallance Road had items stolen and a computer was stolen from a location on North Road.

A vehicle was stolen from one residence on Vallance Road, but later located down the road.

A suspect footprint was found in the snow and a witness may have seen a suspect vehicle, described as tan in color with a partial plate of FLG.

UPDATE 8:06 a.m.: More information from Chief Deputy Jerome Brewster. It was a van that was stolen on Vallance Road and later abandoned down the road. There were a series of thefts from vehicles along North Road and Brewster said he believes the incidents are related. The thefts this morning are similar to two other vehicle thefts in the past several weeks that have been reported to the Sheriff's Office, Brewster said.

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Two youths, a 16-year-old and a juvenile, are charged with petit larceny and unlawful possession of alcohol under age 21. The duo is accused of stealing merchandise from Walmart and being in possession of alcohol.

Shaqueita Irvin, 21, of Miller Avenue, Batavia, is charged with criminal trespass, 3rd. Irvin was arrested on a warrant out of Town of Batavia Court and released on her own recognizance. Irvin was also arraigned in Village of Corfu Court before Justice O'Connor on an alleged violation of probation charge. She posted bail of $150.

Stephanie A. Hotchkiss, 36, of 335 Bank St., Batavia, is charged with three counts of forgery, 2nd. Hotchkiss is accused of stealing three checks from a person she knew. She allegedly drafted the checks for $3,000 each. She allegedly cashed one and attempted to cash the other two. Hotchkiss was released under supervision of Genesee Justice.

Jeane M. Hoar, 29, of 419 S. Shore Blvd., Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Hoar was stopped by Le Roy PD for allegedly making a left turn onto Main Street without a turn signal.

Ronald K. Smythe, 46, of 38 Church St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and driving with a suspended license. Smythe was stopped by Le Roy PD after allegedly being observed turning onto Church Street at a high rate of speed and without a turn signal. Smythe was allegedly found to have a BAC of .16.

Nicholas K. Gray, 19, Robert J. Wheeler, 19, and Blair W. Berg, 20, of 2 Olyn Ave., Batavia, are all charged with criminal nuisance for allegedly maintaining a premise where unlawful conduct occurs. Gray is also charged with unlawful possession of marijuana. The three men are accused of hosting an underage drinking party Saturday night. Batavia PD reports that officers have been dispatched to the same address previously for similar complaints. Besides Gray, Wheeler and Berg, 15 other people where charged with possession of alcohol under age 21. The names of the other people charged were not released.

Anita J. Stiles, 38, of 2731 Galloway Road, Batavia, is charged with harassment, 2nd. Stiles is accused of pushing another person.

Nicholas Guy Williams, 36, of Main Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and consumption of alcohol in a motor vehicle. Williams was stopped at 7:21 p.m., Saturday, on Kelsey Road, Batavia, by Deputy Joseph Corona.

Brett Adam Scheuerlein, 18, of Richmond Avenue, Batavia, is charged with unlawful possession of marijuana. Scheuerlein was stopped at 7:20 p.m., Saturday, on West Main Street Road by Deputy Patrick Reeves and allegedly found in possession of marijuana.

Jenna L. Josephite, 24, of West Main Street Road, is charged with two counts of criminal possession of stolen property, 5th. Josephite is accused of returning stolen items to Target and taking in exchange two gift cards. Josephite then allegedly pawned the gift cards at Pawn King. Deputy Christopher Parker is conducting an investigation and additional charges may be pending in connection with similar activity at other stores.

Ameer K. Walker, 19, of Buffalo, and Hugo D. Smith, 22, of Buffalo, are charged with petit larceny and false personation. Walker and Smith allegedly stole from Kmart on Friday. The case is being handled by the State Police. No further details released.