crime

Kimberly Blue, 33, of Batavia, is charged with endangering the welfare of a child and criminal contempt 2nd. Blue allegedly left several children under age 10 unsupervised for several hours on Nov. 20.  None of the children were harmed and they were turned over to relatives. The investigation is ongoing and Child Protective Services has been contacted. Blue was issued an appearance ticket.

Dean C. Siminski, 32, of Batavia, is charged with criminal obstruction of breathing, endangering the welfare of a child, and harassment 2nd.  Siminski is accused of engaging in a physical altercation with a child on Nov. 29 at 6:45 a.m.  He was arraigned in City Court and ordered held on $2,500 bail, $5,00 bond, or $15,000 partially secured bond.

Crystal A. Mounts, 44, of Batavia, is charged with two counts of petit larceny. Mounts is accused of stealing a package from a porch on North Street, Batavia, at 7:30 a.m., Nov. 23.  She is also accused of stealing a package from a residence on Summit Street. Mounts was issued an appearance ticket.

Christopher C. Taylor, 21, of Conesus, is charged with burglary 2nd and criminal contempt 2nd. Batavia police officers allegedly observed Taylor inside a specific residence in Batavia in violation of an order of protection. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

John Hobbs, 34, of Batavia, is charged with theft of services and criminal contempt 2nd. Hobbs is accused of leaving a local restaurant on Nov. 4 without paying for his meal. He was allegedly at the restaurant in the company of a person he is not allowed to contact by court order. He was arrested at the Genesee County Jail on Nov. 24 and issued an appearance ticket.

Jessica Holtz, 38, is charged with petit larceny. Holtz is accused of shoplifting from a location on Jackson Street, Batavia. She was issued an appearance ticket.

Miya R. Houseman, 21, of Medina, is charged with DWI and driving with a BAC of .08 or greater. Houseman was stopped at 2:13 a.m., Nov. 27, on Oak Street, by a Batavia PD patrol. Houseman was issued an appearance ticket.

Kara Brooke Sass, 27, of West Main Street, Batavia, is charged with criminal possession of a controlled substance 3rd (intent to sell), criminal possession of a controlled substance 4th, and criminally using drug paraphernalia. Sass was allegedly found in possession of cocaine and narcotics paraphernalia during a probation check of her residence at a mobile home park at 7:39 p.m., Dec. 3. Sheriff's deputies assisted probation officers at the scene. Sass was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

Justin T. Calmes, 43, of Watson Street, Batavia, is charged with criminal contempt 2nd.  Calmes is accused of violating an order of protection by following, approaching, and interacting with a person who is the subject of the court order at 2 p.m., Nov. 27, at a location on Pratt Road, Batavia. Calmes was arraigned and released.

John Kenneth Hobbs, 34, of Clinton Street Road, Batavia, is charged with burglary 2nd and violation of an order of protection.  Hobbs is accused of entering the home of a protected party at 1:10 p.m., Nov. 24. He then allegedly fled the property and was located in  the nearby woods by Deputy James Stack and K-9 "Rayzor."  He was also accused of burglary 2nd and disobeying a mandate for a similar incident at 11:30 p.m., Nov. 4.

Alexander Douglas Scheg, 27, of Warboys Road, Byron, is charged with bail jumping 3rd.  During an unrelated incident, Scheg was identified who allegedly failed to show up for a scheduled court appearance.  He was issued an appearance ticket.

Gerard Hart Altenburg, 26, of Main Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, speeding, unsafe passing, and reckless driving. Altenburg was stopped at 7:02 p.m., Dec. 1, on Main Road in Pembroke by Deputy Kyle Krzemien.

A possible environmental conservation violation on Horseshoe Lake Road in Stafford turned into a two-county criminal pursuit and the eventual arrest of three men on various felony charges on Monday night, according to the Sheriff's Office.

Taken into custody:

Zachary P. Hursh, 37, of Rochester

• Criminal possession of stolen property 3rd
• Unlawful fleeing of a police officer
• Criminal possession of a controlled substance 7th
• Obstructing governmental administration 2nd
• Reckless driving among other traffic violations.

Alexander D. Scheg, 27, of Byron

• Criminal possession of stolen property 3rd
• Criminal possession of a controlled substance 7th
• Obstructing governmental administration 2nd

Jason R. Schmeer, 41, of Rochester

• Criminal possession of stolen property 3rd
• Criminal possession of a controlled substance 7th

According to the Sheriff's Office, a DEC conservation officer stopped to investigate a possible violation of conservation law in the area of Horseshoe Lake and Sanders road at 10:19 p.m., Monday, and when she attempted to make contact with a suspect vehicle by activation of her emergency lights, the vehicle fled the area. 

Deputies then joined the pursuit and successfully deployed spike strips at Route 237 and Route 33 in Stafford.  

The vehicle continued to flee at a high rate of speed, failing to yield to emergency vehicles operating lights and sirens.

The Orleans County Sheriff's Office was informed the pursuit.

The vehicle failed to negotiate a turn onto Glidden Road in Clarendon going off the north shoulder of the roadway and striking a street sign and utility pole. 

The vehicle was no longer operational and two occupants, including the driver, fled on foot.

A third person, Schmeer, was in the back seat and immediately taken into custody. 

A search ensued involving deputies from both counties, troopers, Albion police, and Batavia PD Officer Stephen Quider and his K-9 "Batu."  The conservation officer deployed K-9 "Handley."

A short time later, the passenger, ID'd as Scheg was located in a heavily wooded area.

Hursh was subsequently located in a nearby residential garage.

Upon investigation, officers determined the vehicle the trio fled in, a 2017 Honda Civic, was allegedly stolen from Rochester.  The vehicle allegedly contained cocaine and drug paraphernalia. 

All three suspects were arraigned in the Town of Stafford.  Hursh and Schmeer were ordered held in jail based on having two or more previous felony convictions. Scheg was released on the new charges but held in the Genesee County Jail on a City of Batavia warrant.

Devon Wright remains a fugitive, according to Chief Shawn Heubusch, Batavia.

Wright, who entered a guilty plea to multiple charges during a trial on Nov. 16, is wanted on two warrants.

The public's assistance is being sought in locating Wright.

Wright is accused of shoving two females on Nov. 27 while at a location on Central Avenue and of tampering with the property of one of the women by throwing it all over the residence.

He is also wanted for violating his terms of release following his guilty plea on counts of attempted criminal possession of a weapon 2nd, assault 3rd, attempted assault 1st, and criminal sexual act 4th.

The plea came during a rare two-defendant trial.  A jury would eventually find Wright's co-defendant, Jacob Sponaugle guilty of attempted murder, along with other changes, in connection with a shooting outside the Days Inn in Batavia in July 2020.

Anyone with information on Wright's whereabouts is asked to contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Dana Michael McGill, 61, of Maple Street, Batavia, is charged with criminal possession of a controlled substance, driving while impaired by drugs, moving from lane unsafely, speeding, failure to obey traffic control device. On Aug. 8, at 2:29 a.m., on Townline Road, Byron, McGill allegedly failed to yield to the lawful command of a police officer and led deputies on a vehicle pursuit.  At the conclusion of the pursuit,  officers suspected he was driving under the influence of a drug and that he was allegedly found in possession of a controlled substance.  He was arraigned in Byron Town Court and released on an appearance ticket.

Brian J. Miller, 40, of Ellicott Street Road, Bethany, is charged with criminal mischief 4th, obstructing governmental administration 2nd, and menacing 3rd. Miller was allegedly involved in a physical altercation with another person at a residence on Ellicott Street Road at 10:51 p.m., Wednesday. He allegedly fled the scene into a wooded area prior to the arrival of deputies. Deputy Andrew Mullen and K-9 "Frankie" were called to the scene and located Miller. He was arraigned in Town of Batavia Court and released on his own recognizance.  Also assisting in the case were Sgt. Mathew Clor and Officer Peter Flanagan, Batavia PD.

Thomas James Leonard, 38, of West Main Street Road, Batavia, is charged with burglary 3rd and petit larceny. Leonard is accused of stealing merchandise from Walmart. He was arraigned in Town of Batavia Court and released.

Press release:

U.S. Attorney Trini E. Ross announced today that Matthew Barber, 53, of Batavia, NY, who was convicted of possession of child pornography and violating supervised release, was sentenced to serve 147 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorneys Aaron J. Mango and Michael DiGiacomo, who handled the case, stated that in April 2007, Barber was convicted on a federal charge of possessing child pornography and sentenced to serve 74 months in prison and five years’ supervised release. Barber’s supervised release was revoked on July 5, 2017, after he was unsuccessfully discharged from sex offender treatment. As a result of this violation, Barber was sentenced to six months in prison and five years of supervised release.

On May 20, 2020, Barber was found in possession of and using a cell phone and a USB device to view child pornography. A forensic examination of the cell phone and USB device recovered over 1,000 images and 200 videos of child pornography on the two devices. Barber was subsequently charged and convicted of possession of child pornography. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Brian Gould; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

Devon Wright, who entered a guilty plea to multiple charges during a trial on Nov. 16, is wanted by Batavia PD on two warrants and police are seeking the public's assistance in locating the fugitive.

Wright is accused of shoving two females on Nov. 27 while at a location on Central Avenue and of tampering with the property of one of the women by throwing it all over the residence.

He is also wanted for violating his terms of release following his guilty plea on counts of attempted criminal possession of a weapon 2nd, assault 3rd, attempted assault 1st, and criminal sexual act 4th.

The plea came during a rare two-defendant trial.  A jury would eventually find Wright's co-defendant, Jacob Sponaugle guilty of attempted murder, along with other changes, in connection with a shooting outside the Days Inn in Batavia in July 2020.

Anyone with information on Wright's whereabouts is asked to contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Devon A. Wright, 20, of Batavia, is charged with resisting arrest and obstructing governmental administration.  Wright is accused of resisting arrest during an attempt by police officers to execute a bench warrant at 4:29 a.m., Nov. 16. (Later that day he entered a guilty plea to felony charges to avoid further proceedings in a criminal trial). Wright was issued an appearance ticket.

Arron J. McFollins, 42, of Batavia, is charged with criminal contempt 2nd. McFollins is accused of twice violating a court order at 12:48 p.m., Oct. 27.  He was released on an appearance ticket.

Anthony S. Brooks, 31, of Batavia, is charged with harassment 2nd. Brooks is accused of throwing a thermos at another person during an argument at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Ricky Albanese, 54, of Hunt, is charged with grand larceny 3rd. Albanese is accused of working as an Amish furniture salesman while collecting Genesee County Mental Health disability payments.  During the time he was working in sales, he allegedly collected $38,684.18 in payments.  He was arrested on a warrant on Nov. 12 by Sheriff's Investigator Joseph Loftus. He was arraigned in City Court and released on his own recognizance.

Tyler Even Ryan Deleys, 28, of West Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, plate display violation, failure to obey traffic control device. Deleys was stopped at 1:18 a.m., Sunday, on West Main Street Road, Batavia, by Deputy Austin Herbelein.

Scott Patrick Simmons, 25, of Brewster Street, Depew, is charged with burglary 3rd, criminal trespass 3rd, petit larceny, and false personation.  Simmons is accused of stealing merchandise from Walmart at 4:07 p.m., Saturday.

Matthew M. Vanvorce, 33, of Vestal, is charged with DWI and driving with a BAC of .08 or greater. Vanvorce was stopped at 6:04 p.m. in the Town of Batavia by a State Police trooper.  He was issued an appearance ticket.

Michael T. Martinez is indicted on two counts of criminal possession of a weapon in the third degree, attempted assault in the second degree, assault in the second degree, menacing in the second degree, and two counts of harassment in the second degree. Martinez is accused of possessing a knife and a metal pipe on July 21 with the intent to use it against another person.  He is accused of attempting to cause serious injury to another person. He is accused of causing serious injury to another person. He is accused of having unlawful physical contact with two different people.

Shacerie M. Rivera is indicted on counts of assault in the second degree, criminal possession of a weapon fourth, and obstructing governmental administration.  Rivera is accused of using a knife on July 13 to cause serious injury to another person.  Rivera is also accused of using force to prevent a government agent from performing the agent's lawful duties.

Pamela A. Morrow is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Morrow is accused of driving drunk July 21 on Linwood Road, Le Roy while having a prior DWI conviction within 10 years.

Justice C. Coniglio is indicted on counts of assault in the second degree, resisting arrest, and obstructing governmental administration.  Coniglio is accused of causing physical injury to a police officer while the offer was carrying out official duties.

Jason M. Fitzpatrick is indicted on counts of criminal possession of a weapon in the third degree, criminal mischief in the third degree, obstruction of governmental administration in the second degree, and unlawful fleeing a police officer. Fitzpatrick is accused of possessing a billy club at a location on Fox Road, Oakfield, on May 24, with the intent to use it against another person.  He is accused of damaging crops in a field with a value exceeding $250. He is accused of preventing a police officer from performing official duties and of fleeing from the police officer.

Jarrett C. Coniglio is indicted on counts of aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree. Coniglio is accused of driving without a license and while drunk on Judge Road, Alabama, on May 7. He is accused of signing the name "Grayson B. Ground" on official government documents in an attempt to conceal his real identity.

Shawn D. Myers is indicted in counts of criminal sexual act in the first degree, of sexual abuse in the third degree, and sexual misconduct. Myers is accused of engaging in anal sexual conduct by forcible compulsion and of sex with another person who was incapable of consent because the person was less than 17 years old.

Michael L. Jackson, Jr., is indicted on counts of burglary in the first degree, strangulation in the second degree, assault in the second degree, unlawful imprisonment, and assault in the third degree. Jackson is accused of entering a dwelling with the intention of committing a crime and causing a physical injury to another person in the dwelling by means of strangulation. 

Alex S. Dumbelton is indicted on counts of aggravated family offense and two counts of criminal contempt in the second degree. Dumbleton is accused of violating court orders.

Melton J. Chisom is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. Chisom is accused of possessing a knife with intent to cause serious physical injury on June 24 in the City of Batavia and did allegedly injury another person.

Robert L. Williams is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and aggravated unlicensed operation.  Williams is accused of driving drunk in the City of Batavia on June 13 while having a prior DWI conviction within 10 years.

Aaron J. McFollins is indicted on counts of grand larceny in the fourth degree, identify theft in the third degree, and petit larceny. McFollins is accused of stealing a Discover card belonging to another person and using to it obtain goods.

Justin P. Porter is indicted on counts of criminal possession of a controlled substance in the third degree, conspiracy in the fourth degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, false personation, and obstructing governmental administration.  Porter is accused of possessing cocaine on April 11 in the Town of Bergen with the intent to sell it.  He is accused of trying to conceal evidence. He is accused of misrepresenting his real name. He is accused of trying to prevent a government official from performing his official duties.

Nicholas M. Maher is indicted on a count of murder in the second degree.  Maher is accused of killing Martin D. Maher on Oct. 15 in the Town of Oakfield.

Roger K. Brinkman is indicted on 52 counts of rape in the first degree and 64 counts of sodomy in the first degree. Brinkman is accused of having sexual intercourse with a person multiple times between July 2020 and June 2021 by forcible compulsion and of engaging in deviate sexual intercourse with another person who was not married to the Brinkman through contact with Brinkman's mouth and the victim's vulva by forcible compulsion on multiple occasions.

Press release:

The Batavia Police Department is investigating a disturbance that occurred at Tops Markets this morning at approximately 10:55 a.m.

Batavia Police are attempting to locate and identify any witnesses to the disturbance that occurred inside of the store involving two or three adult males.

If you were inside and witnessed the altercation, please contact Officer Girvin at (585) 345-6350, or submit a tip through this site.

A 29-year-old resident of Batavia, and teacher in WNY, has been accused by Federal authorities of producing and distributing child pornography.

Derek Hagen faces from five to 30 years in Federal prison if convicted.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2020, Snapchat sent a cyber tip to the National Center for Missing and Exploited Children (NCMEC) regarding a user that had uploaded images of child pornography to a group chat. After tracing the user to Western New York, NCMEC alerted the New York State Police, who subsequently identified the defendant.

On July 20, investigators confiscated two computers and a cell phone from an apartment Hagen kept in Mount Morris.

A forensic analysis uncovered a pattern of child exploitation activity on the devices with the defendant actively producing and distributing child pornography in online chats.

During the chats, Hagen and the other individuals traded child pornography and discussed specific children that they had sexually abused or wanted to sexually abuse. To date, analysts have allegedly recovered approximately 50,000 images and videos of child pornography on Hagen’s devices.    

The complaint further states that the defendant worked in several teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Members of the public who have information related to this case are asked to contact Homeland Security Investigations at (716) 464-6070 or hsibuffalotips@ice.dhs.gov.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the National Center for Missing and Exploited Children.           

Celina Andreanna Desinord, 19, of Ridge Road, Rochester, is charged with attempted criminal mischief 4th, aggravated unlicensed operation 2nd, harassment 2nd, and unlicensed operation.  At 12:50 a.m., Nov. 21, Deputy Jacob Gauthier observed a vehicle running in the parking lot of the Crosby's at 5267 Clinton Street Road, Batavia, and the operator asleep in the driver's seat. Upon investigation, the driver was identified as Celina Desinord, who allegedly presented a suspended identification card when asked for a driver's license.  Desinord was placed in the back of a patrol vehicle and her vehicle was searched. A deputy reportedly found suspected narcotics. The substance is being sent to a lab for testing.  The deputy spoke with Desinord. She is accused of spitting on the deputy. While the deputy was completing an appearance ticket, Desinord allegedly kicked the rear passenger window as well as the divider between the front and back seat at least 71 times.  She also allegedly spit several times on the divider and the window.  She was issued an appearance ticket.

Justin L. Pyatt, 33, of Silver Springs, is charged with criminal possession of stolen property 4th and petit larceny.  Pyatt is accused of using a stolen credit card to make purchases in the City of Batavia.  He was issued an appearance ticket.

James Carl Malone, 24, of South Pearl Street, Oakfield, is charged with criminal mischief 4th.  Malone is accused of taking the mobile phone of another person in order to stop that person from calling 9-1-1 during a dispute in an incident reported at 2:19 p.m., Nov. 19.

Michael Robbins, 61, of Batavia, is charged with criminal possession of a controlled substance 7th. Robbins was allegedly found with an unidentified substance on him during an interaction with police at an incident at 7:20 p.m., Aug. 28. The substance was tested and found to allegedly contain methamphetamine and fentanyl. Robbins was arrested at the Genesee County Jail, where he is being held on other charges, and issued an appearance ticket.

Matthew W. Kurtz, Sr., 52, of Batavia, is charged with criminal mischief 4th, attempted assault 3rd, and harassment 2nd.  Kurtz is accused of shoving another person and throwing an object at that person during a disturbance reported at 7:10 p.m., Nov. 16, at a location on Liberty Street, Batavia.  He was arraigned in City Court and ordered released on his own recognizance. 

Jesslyn F. Bigelow, 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving without insurance, driving a vehicle with a suspended registration. Bigelow was stopped at 1:56 a.m., Nov. 13, on Jackson Street, Batavia by a Batavia patrol officer. Bigelow was issued traffic tickets.

Christine Caplis, no age or residence provided, is charged with theft of services. Caplis allegedly failed to pay for services provided by a local restaurant on Ellicott Street, Batavia, at 8 p.m., Nov. 4. She was issued an appearance ticket.

Ziyad Ziyad Alhojaji, 22, of Geraldine Parkway, Rochester, is charged with petit larceny.  Alhojaji is accused of shoplifting from Walmart in Batavia. He was released on an appearance ticket.

Tonya Marie Weber, 37, of Liberty Street, Batavia, is charged with petit larceny. Weber is accused of shoplifting from Five Below on Veterans Memorial Drive in Batavia. Weber was released on an appearance ticket.

Michael R. Mullen, 37, of Oakfield, is charged with 10 counts of sex abuse, 1st (contact with a person less than 11 years old), course of sexual conduct, 2nd, with a child less than 11 years old, and 10 counts of endangering the welfare of a child. Mullen was arrested by State Police on Saturday. He was ordered held in jail. No further information released.

Theresa A. Gillette, 44, of East Rochester, is charged with petit larceny. Gillette is accused of stealing in Bergen in an incident reported at 10:51 p.m., Sept. 14.  She was arrested by State Police and ordered held in jail. No further information released.

Sean M. Harloff, 31, of Farmington, is accused of grand larceny 4th. Harloff was arrested by State Police in connection with an incident reported at 12:53 p.m., July 6. He was ordered held in jail.  No further information released.

Michaela R. Bohn, 22, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Bohn was arrested by State Police in relation to an incident reported at 11:51 p.m., Nov. 10, in the Town of Batavia. She was released to a third party. No further information released.

Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.

Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.

Marcus D. Snow, 23, is charged with conspiracy 5th.

On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.  

The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member.  If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them.  The checks are either fraudulent or stolen and not backed by real U.S. currency.  The citizen loses the money associated with the deposited check once the check bounces.

At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.

Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.

The testimony of Jason Whitehead and Crystal Schultz helped lead to the conviction of Jacob Sponaugle of attempted murder at the end of a three-day trial, said District Attorney Lawrence Friedman, who won a conviction in his final case of a 40-year prosecutorial career.

"I think that we had a very strong case," Friedman said after a jury found Sponaugle guilty on all counts. "I mean, we had, as I argued to the jury, in my summation, we had two witnesses, who had no connection, didn't know each other before, have had no contact, since I've never discussed this case. And they basically told the same version of what happened in great detail." 

Jacob Sponaugle shot Whitehead in a gun deal gone bad outside the Days Inn in Batavia the night of July 22, 2020.

The jury deliberated for 90 minutes, with a break to ask Judge Charles Zambito to read back the jury instructions on the attempted murder charge, and found Sponaugle guilty of all the charges against him:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony;
• Criminal possession of a weapon in the second degree, a Class C violent felony;
• Aggravated criminal possession of a weapon, a Class C violent felony;
• Criminal possession of a weapon in the third degree, a Class D felony;
• Criminal using a firearm in the first degree, a Class B violent felony;
• Criminal using a firearm in the fist degree, a Class B violent felony;

"(It) was a relatively brief deliberation considering the seriousness of the charges and the number of charges, and they (the jury) just basically didn't seem to have any problem with any of the evidence. They believed the witnesses and I think for them, it was straightforward," Friedman said.

Sponaugle faces a possible maximum prison term of 30 years (25 years max on the attempted murder charge with a required five years consecutive on one of the weapons charges). He will be sentenced on Dec. 15.

Whitehead testified that Sponaugle contacted him on July 22 attempting to sell him a gun. They haggled over the price and then Whitehead decided he might be able to sell it to Devon Wright, a Batavia resident.

The three men arranged to meet outside the Days Inn.

Schultz was a passenger in Sponaugle's car.  

Both Whitehead and Schultz gave similar accounts of the shooting, with Sponaugle and Wright arguing and then Sponaugle walking away from Whitehead and Wright before turning and shooting Whitehead.

Whitehead told the jury that Sponaugle said: "it's all your fault" (blaming him for the gun transaction not being completed) before he shot him.

Wright was originally a co-defendant in the trial but yesterday he agreed to a plea deal that satisfied all of the criminal charges against him from several arrests. He faces up to 10-years in prison but was released under supervision, giving him a chance to be present for the birth of his first child.

The case is the final trial for both Friedman and County Court Judge Charles Zambito, who are both retiring.

"Obviously this is a good way to end, with a serious case going well, and I'm certainly pleased with the result," Friedman said. "It's a good note to end on."

In his testimony, Whitehead told the jury that the bullet Sponagule fired into him from a .32 caliber handgun is still lodged in his spine and will be there for the rest of his life. 

He said he was neither happy nor sad to learn of Sponagule's conviction.

"I don't have no hate for him, I guess," Whitehead said. "I mean, I don't like him, but I guess there's no hate. I don't know why he did it or what brought him to do it, but just, I don't know, just neutral. I guess. I got no hate for him."

Even so, Whitehead suggested there is no appropriate sentence for Sponaugle given the fact Whitehead will live with pain for the rest of his life.

"It's hard to say how long he should get. I mean, he tried to take my life so it's, I don't even know, like, I got to deal with it for the rest of my life," Whitehead said. "So I'll always be in pain and he'll be behind bars but he won't know what pain feels like so and no time I guess is enough for that type of crime. I guess he shouldn't be allowed back out. My point of view is he shot somebody. I mean, it wasn't his family. It was. I don't know. It's hard to hard to be the judge, I guess."

On the afternoon of what was originally a co-defendant trial, Jacob Sponaugle, facing multiple felony counts, found himself sitting with only his attorney at the defense table as the man he is accused of shooting told the jury of how a gun deal went bad outside the Days Inn in Batavia on July 22, 2020.

Jason Whitehead's testimony corroborated the earlier testimony of Crystal Shultz, Sponaugle's ex-girlfriend, and put the .32 caliber handgun in Sponaugle's hand with Sponaugle pulling the trigger.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

After today's lunch break, District Attorney Lawrence Friedman informed County Court Judge Charles Zambito that Sponaugle's co-defendant, Devon Wright, had agreed to accept a plea offer that would limit his prison term to 10 years and allow him to be released under the supervision of Genesee Justice while awaiting sentencing, presumably so he can be present for the birth of his first child, who is expected to arrive any day.

Wright entered a guilty plea of attempted criminal possession of a weapon, the top charge stemming from the July 22 incident, first-degree attempted assault, a Class C violent felony, and criminal sexual act in the second degree, a Class D violent felony.

Whitehead was first asked to describe a series of text messages he said he received from Sponaugle on the evening of the shooting.  Sponaugle wanted to know if Whitehead was interested in buying a handgun from him.  He sent pictures and video telling Whitehead the gun had been owned by "an old dude" and that it was a "clean gun."  

Sponaugle wanted $400 for the gun.  Whitehead offered $300.  Sponaugle said $350 was the lowest he could go.

Whitehead testified that he decided he could pay the $350 if he could sell it to his "main man" (identified as Wright) for $450.  

So Whitehead set up a meeting with Wright at the Days Inn and Sponaugle picked up Whitehead at his residence on Shady Lane. 

Schultz was with the two men when they drove to the hotel.

Once there, an argument broke out between Sponaugle and Wright over the asking price of the gun, Whitehead said.  At that point, he said he stopped talking and let the two men hash it out.

Eventually, Sponaugle walked away.  As he did, Whitehead testified, Sponaugle turned around, said, "this is all your fault" and shot him.

Whitehead testified that the bullet from the .32 caliber gun remains lodged in his spine. It would do more harm than good, he said doctors told him.  As a result, he is daily in pain and can't lay on his back when he wants to sleep.

Under questioning from defense attorney Joseph Lobosco, Whitehead admitted to prior heroin and cocaine use but said his use didn't alter his mental state but instead prevented him from getting sick.  He said he's been clean for a year.

Before Whitehead took the stand in the afternoon, Schultz completed her testimony, which primarily consisted of cross-examination by Lobosco, who pressed Schultz on differing versions of events in two depositions she gave to detectives with Batavia PD.  

In the first one, she said she didn't know what happened with the gun and in the second, she described in detail Sponaugle's alleged attempt to get rid of the weapon.

The differences could be explained, she said, because before Sponaugle was arrested she was afraid of him.  Once he was in custody, she said, she didn't fear him and so gave detectives a full accounting of what happened with the gun (it was, she said in the morning, put in a can of paint and given to another person). 

After Whitehead's testimony, Kevin Wolff, a supervisor at the Genesee County Jail took the stand to authenticate four recordings made at the jail -- all calls are recorded and all inmates are told they are recorded, Wolff said -- between Sponaugle and Schultz, Sponaugle and his mother,  Sponaugle and an acquaintance, and Sponaugle and his sister.

The calls contain incriminating statements by Sponaugle, most notably in the call with Schultz in which she tells Sponaugle that "I had to tell them everything."  

Sponaugle clearly did not like hearing that and questioned Schultz on why she would do that to him.

"You let them scare you into writing a statement," Sponaugle is heard saying on the call. 

He told her she didn't see anything (earlier she testified she did see the actual shooting).

"What you did was totally unnecessary," Sponaugle said. "It's going to be bad for me."

This is Friedman's final trial at the end of a 40-year prosecutorial career and, at the start of the trial at least, the first with two co-defendants.

Testimony resumes at 9 a.m., Wednesday morning.

One of two men on trial over a gun-sale deal gone bad outside the Days Inn in Batavia on July 22, 2020, has agreed to plead guilty on multiple charges stemming from this case and several others in exchange for a sentence cap of 10 years in prison.

Devon Wright is charged in the Days Inn case with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

As part of the deal, Wright will admit to attempted criminal possession of a weapon 2nd.  He is also pleading guilty to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.

In exchange, all other pending charges against Wright will be dropped.

Over the past two years, Wright has been arrested multiple times.

Yesterday, he failed to appear in court to start his trial in the Days Inn case, missing the jury selection process. This morning, his attorney, Nathan Pace, said he stayed with his girlfriend who isexpecting a child any day and Wright wishes to be present at his child's birth.

As part of the plea deal, Friedman has agreed to allow Wright to be released under the supervision of Genesee Justice while Wright awaits sentencing.

While Wright will have a curfew, he will be able to go to the hospital for the birth of his child.

In the Days Inn trial, Jacob Sponaugle is Wright's co-defendant.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

In his opening statement this morning, District Attorney Lawrence Friedman explained to the jury his theory of what happened the night of July 22 outside the Days Inn when Jacob Sponaugle allegedly shot Jason Whitehead in an apparent gun-sale deal gone bad.

According to Friedman, Sponaugle and Whitehead met up, with Sponaugle's girlfriend at the time, Crystal Schultz, in the car and drove to the Days Inn to try and sell Devon Wright a .22 pistol. 

When Wright wouldn't pay the asking price, Sponaugle walked away from the meeting and then allegedly turned around, told Whitehead, "It's your fault" and shot him.

The first witness called in the trial was Schultz, who testified that after Whitehead was shot, he let out a "blood-curdling scream." 

Schultz's testimony for the order of events before the shooting matched the case previously laid out by Friedman.   

After the alleged shooting, Schultz said he and Sponaugle drove back to the garage they were living in on Montclair Avenue.  In the car, she said, Sponaugle admitted to shooting Whitehead.

She said when she told him, "This isn't Chicago, it's not a rap song," Sponaugle said he didn't know why he shot Whitehead.

Back at the garage, he tried washing the gunpowder off his hands and wrapped the gun in cloth, and threw it up on the roof of the garage.  He then spoke to somebody on the phone and decided to get the gun off the garage roof. He used a ladder to retrieve it and then placed the gun in a can of paint.  

Sometime later, somebody drove to the residence and Sponaugle walked out of the garage with two paint cans. He returned with none. Later, Schultz found a paint can on the driveway, and she said she believed Sponaugle gave the paint can wth the gun in it to the driver of the car.

The weapon has never been recovered.

This will be Friedman's last case he prosecutes at trial before his retirement on Dec. 9.   This morning, Friedman, who has been with the DA's office for 40 years, told The Batavian that this was also the first two-defendant trial he's ever tried.

Devon Wright, a multi-time arrestee over the past two years who has remained mostly free during that time, failed to appear in Genesee County Court at 9 a.m. as ordered for the start of a trial with co-defendant Jacob Sponaugle.

The two men are accused of being part of an apparent gun-sale deal gone bad at the Days Inn in Batavia on July 22 that left one of the three participants wounded.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

District Attorney Lawrence Friedman said the court waited for two hours for Wright to show and then began jury selection without him.  By 5 p.m., the court had impaneled a 12-person jury with four alternates, Friedman said.

A warrant was issued for Wright's arrest.

At around 7 a.m., Friedman said he was informed that Wright was in custody and is expected to appear before Judge Charles Zambito at 9 a.m.

Opening statements are expected to begin at 9:30 a.m.

UPDATE 10:28 a.m.: Dressed in a white T-shirt, sweat pants, and jail crocs, and shackled, Devon Wright appeared before Judge Zambito at about 10 a.m. while his attorney, Nathan Pace, made a petition on behalf of his client that his absence from court yesterday be excused and that Wright be allowed to leave the trial at some point to attend the birth of his first child. Pace said Wright's girlfriend had been expecting to give birth on Nov. 12 but has yet given birth and that Wright stayed with her yesterday so he could be with her when the child is born.

Neither Friedman nor Zambito bought Wright's excuse. Both noted that Wright had sent text messages yesterday saying he was on his way and one that said he had arrived and both statements were untrue.  Both noted that Wright has a history of missing court appearances.  Zambito ordered Wright held but indicated he would consider a petition for him to visit his child if the child is born during the trial.  

Once that hearing was over, Wright was not ready for trial because the clothes brought to him at the jail didn't fit so his sister drove to a local store to buy him new clothes.  

Opening statements should begin shortly.

An ambulance stolen from Perinton has been tracked to Byron and is currently northbound in Caswell Road.

Law enforcement is dispatched.

UPDATE 11:58 p.m.: This is a possible mental health issue so there will be no further updates.

Eric A. Spikes, 44, no permanent address, is charged with assault 2nd, two counts of burglary 2nd, menacing 3rd, and endangering the welfare of a child. Spikes is accused of physically attacking and injuring another person during an incident on Aug. 26 at 12:17 a.m. on North Lyon Street, Batavia, where multiple children were present.  He was arrested on a warrant. He was arraigned in City Court and jailed without bail.

Katherine Jessica Vail, 29, of Griswold Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, and reckless endangerment 2nd.  Vail is accused of driving drunk and striking a pedestrian and his dog at 6:11 p.m., Saturday, on South Lake Road, Bergen.  VAil was released on an appearance ticket.

Jeffery Michael Johnson, 33, of Lake Street, Le Roy, is charged with DWI Drugs and driving left of the pavement markings.  Johnson was stopped at 3:46 a.m., Saturday, on Main Road, Stafford, by Deputy David Moore.  He was released on an appearance ticket.

Jonathan Micahel Reed, 28, of Lake Street Road, Le Roy, is charged with two counts of sex offender failure to report a change of address/status within 10 days. Reed is accused of failure to register a new internet service provider and account within 10 days.  He was arraigned in Town of Le Roy Court and jailed without bail.

Aaron Michael Reagan Hatt, 25, of Federal Drive, Batavia, is charged with driving while impaired by drugs, DWI, driving without a license, and failure to signal.  Hatt was stopped at 2:13 a.m, Sept. 19, on Wortendyke Road, Batavia, by Deputy Morgan Ewert. Hatt was released on an appearance ticket.

Zachary James Chittenden, 34, of Boyce Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, and no or inadequate plate lamps.  Chittenden was stopped at 2:38 a.m., Sunday, on Hartshorn Road, Batavia, by Deputy Zachary Hoy.

Philip M. Escobar, 32, of Kirvin, Texas, was arrested on a bench warrant for alleged failure to appear in Batavia City Court.  He was arraigned in City Court and released on his own recognizance.

Mark B. Havens, 59, of Batavia, is charged with criminal mischief 3rd, assault 3rd, and grand larceny 4th. Havens is accused of striking another person in the face causing injury and taking the person's mobile phone, and damaging a computer during an incident reported at 3:40 p.m., Nov. 7, at an address on Liberty Street, Batavia.  Havens was arraigned in City Court and released on his own recognizance.

Jason L. Johnson, 39, of Batavia, is charged with criminal possession of a controlled substance 7th. Johnson was reportedly involved in a physical altercation with another person at a business on East Main Street at 11:58 p.m., Nov. 5, and when police identified Johnson, they arrested him on charges from an unrelated incident.  He was allegedly found in possession of crack cocaine and a broken crack pipe in his jean pocket.

Jaequele M. Tomlin, 26, of Batavia, is charged with criminal mischief 3rd.  Tomlin is accused of damaging property on Watson Street during an incident reported at 10:24 a.m., Nov. 4.  She was arraigned in City Court and released on her own recognizance.

Paul A. Inostroza, 30, of Batavia, is accused of criminal obstruction of breathing or blood circulation, reckless endangerment 2nd, attempted assault 2nd, and harassment 2nd. Inostroza allegedly attacked another person at 12:50 a.m., Sept. 5, at a location on East Main Street, Batavia.  He was arraigned in City Court and released under supervision.

Erik Pokornowski, 30, of Byron, is charged with DWI, driving with a BAC of .08, failure to stop at a stop sign, and moving from lane unsafely.  Pokornowski was stopped at 1 a.m., Oct. 30 on East Main Street, Batavia, by a Batavia police officer.  He was released on an appearance ticket.

Gilberto N. Natal, 33, of Batavia, is charged with harassment 2nd. Natal allegedly grabbed another person during an argument and threw the person to the ground in an incident reported at 3:45 p.m., Oct. 27, on South Lyon Street, Batavia.  Natal was arraigned in City Court and released on his own recognizance. 

Timothy M. Henry, 26, of Le Roy, is charged with petit larceny.  Henry is accused of stealing $74.54 in merchandise from the Walmart in Warsaw. He was arrested by State Police and released on an appearance ticket.

Michael P. Jansma, 32, of Attica, is charged with DWI and driving with a BAC of .08 or greater. Jansma was stopped by State Police at 9:45 p.m., Saturday, in the Town of Pembroke. He was released on an appearance ticket.

Crystal S. Duncan, 36, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Duncan was stopped by State Police at 10:26 p.m., Friday, in the Town of Batavia. Duncan was released on an appearance ticket.

Allyson P. Lawrence, 27, of Batavia, is charged with criminal possession of a controlled substance 7th. Lawrence was arrested by State Police in the Town of Batavia, at 4:48 p.m., Nov. 7.  She was released on an appearance ticket. No further details released.

Valarie L. Mancini, 64, of Shortsville, is charged with criminal possession of a controlled substance 7th and driving while impaired by drugs. Mancini was stopped at 6:15 a.m., Nov. 10, by State Police, in the City of Batavia.

A 15-year-old resident of Batavia is charged with criminal mischief 3rd.  The youth was arrested by State Police in connection with an incident reported at 10:50 p.m., July 24.