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Law and Order: Batavia woman accused of dealing cocaine

By Howard B. Owens
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Emily Smith
(2019 booking photo)

Emily Dorianne Smith, 36, of Wilkinson Road, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, criminal nuisance 1st, and endangering the welfare of a child. Smith was arrested by members of the Local Drug Task Force following an investigation into the transportation, sale, and possession of cocaine in and around the City of Batavia.  Smith was arraigned in City Court and released on her own recognizance.

Brian John Miller, 40, of Ellicott Street Road, Bethany, is charged with DWI, refusal to take breath test, aggravated unlicensed operation 3rd, moved from lane unsafely. Miller was arrested following a traffic accident at 6:40 p.m., Oct. 29, on Ellicott Street Road, Bethany. Miller was the sole occupant of his car, which overturned. Miller was able to extricate himself from the vehicle and was arrested at the scene by Deputy Andrew Mullen.

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with harassment 2nd. Deputies responded to an address on Putnam Road, Bethany, at 3:53, Nov. 2, following a complaint. Following an investigation, Vanskiver was arrested by Deputy Morgan Ewert on the charge of harassment. Vanskiver is accused of striking another person. He was released on an appearance ticket.

 

Sentencing for Michael Tomaszewski delayed for fourth time

By Howard B. Owens

For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito.

Zambito said he granted the delay reluctantly, noting that at Tomaszewski's last court appearance he told him that continuance would be the last one.

Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney.  He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office.

First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic."  He asked Zambito to proceed with the sentencing today.

Today, Public Defender Jerry Ader appeared with Tomaszewski and said that doesn't know enough about the case or Tomaszewski to appropriately represent him and requested Zambito give him time to review files he received on a flash drive from Burns.  He said he hadn't opened the flash drive yet and doesn't know what documents might be on it, what might be missing, nor how many documents he needs to review to prepare for sentencing.

"I don’t have an idea right now how much time I need," Ader said. "I don’t know how much information I need."

Zambito noted that Tomaszewski owes a substantial amount of restitution to his victims, holding up a binder at least three inches thick that he indicated contains restitution claims.

In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced.

"There are people here who have been here repeatedly, victims who want to address the court," Zambito told Ader. "There have been victims who have passed away. I received a notice earlier this week that a victim had passed away and this matter still isn't settled."

"I don't what his release status is or bail," Ader said. "I don't know if my client has always appeared in court or what his track record is."

He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution.

And that is a complicating factor in preparing for sentencing, Ader said. He didn't think a two-week delay would give him enough time to prepare. 

Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded.  Outside court, a couple confirmed they were disappointed but also said they understand how the court system works.

"I came in, I figured the same thing would happen," said Harry Tyson. "It's just going to be dragged out. And next time we come, it'd be something different. Dragged out. I guess he's doing his job as a lawyer. But, you know, we'd like to see it ramped up and get it over with."

His wife, Kathy, said, "I heard today that he waived his right to a speedy trial for his benefit. But what about everybody that keeps coming back, coming back? Waiting for something to happen?"

Their family lost $7,000 and have little expectation of being repaid, Kathy Tyson said.

"If people cannot get paid back, then I think he needs to be in jail," she said. "I really do. He can't be out there running around and doing whatever."

Al Kurek said he considered Tomaszewski a friend and was disappointed in him.  Kurek said he lost $2,800.

"I don't know what happened," Kurek said. "He got too big, too fast? No idea why, but I don't think it was drugs. I don't know if it was gambling. Nobody knows. It's just more out of the pocket than in. What can I say?"

The former funeral director entered a guilty plea in April -- a hearing that had also been delayed a couple of times -- to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020.  He initially faced more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

Both personally, and through his company, Acme Holdings of New York, Tomaszewski filed for bankruptcy in Federal Court on Feb. 5, 2020. Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

This morning, Zambito wondered if he should revoke Tomaszewski's bail status -- he's released on his own recognizance -- and Ader said he didn't even know enough about the case to represent Tomaszewski on that question.

Zambito said he wanted to make sure Ader had enough time to prepare, he said, because "I'm not going to grant another adjournment."

Ader said there would be "no problem getting the case resolved before the end of the year."

The new sentencing date is Dec. 7 at 10:30 a.m.

Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence. 

"I'll be here, Judge," Tomaszewski said. 

Law and Order: Batavia man accused of violence against victim in Bergen

By Howard B. Owens

Quentin Isiah Bloom, 24, of North Spruce Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment 2nd, and false personation. Bloom is accused of getting into an argument at 1:35 a.m., Nov. 3, at a residence on South Lake Avenue, Bergen, and of pushing a person to the ground and getting on top of the victim, which obstructed the victim's breathing.  The victim managed to break free, according to the Sheriff's Office, and Bloom pushed close the door of the apartment they were in, preventing the victim from leaving. A deputy on scene at that time managed to push the door open and separate Bloom from the victim.  Bloom allegedly provided the deputy with a fake name.  He was arraigned and ordered held in jail.

Dominque Sincer Betancourt, 19, of Lincoln Avenue, Rochester, is charged with petit larceny and criminal mischief. Deputies responded to Walmart at 3:14 p.m., Nov. 7 for a report of a larceny. Betancourt is accused of throwing merchandise outside of the store without paying for the merchandise. He was released on an appearance ticket.

Edward Joseph Allen, III, 32, of Pin Tail Crossing, Farmington, is charged with grand larceny 4th, DWI, and driving with a BAC of .08 or greater.  Allen allegedly stole a debit card from another person at 2:22 a.m., Nov. 6, at a residence on Emily Court, Bergen.  Allen is also accused of driving drunk the morning of the larceny incident. He was arrested by Deputy Kenneth Quackenbush and Sgt. Mathew Clor.

 

Law and Order: Bethany man arrested after report of a disturbance on Putnam Road

By Howard B. Owens

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with endangering the welfare of a child, criminal mischief 4th, criminal obstruction of breathing or blood circulation, unlawful imprisonment 2nd, and menacing 3rd.  Vanskiver was arrested after deputies responded to a report of a disturbance at a residence on Putnam Road, Bethany.  He allegedly obstructed the breathing of a woman and prevented her from calling 9-1-1 in the presence of two children.  He was arraigned in Town of Bethany Court.  His release status was not included in the press release.

Catherine Ann Klinkbeil, 53, of Bank Street, Batavia, is charged with DWI and driving while impaired by drugs.  Kilnkbeil was stopped at 4:32 p.m., Oct. 12, by Deputy Chad Cummings.  She was arrested Oct. 28 by Deputy Chad Cummings, processed at the jail, and released on an appearance ticket.

John William Murphy, 48, of Beaver Meadow Road, Bergen, is charged with criminal contempt 2nd.  Murphy is accused of not surrendering a firearm to authorities in accordance with an order of protection.  Murphy was released on his own recognizance.

Law and Order: Contractor from Hamburg accused of not completing work in 2014, charged with theft

By Howard B. Owens

Mark Newton, 53, of Hamburg, is charged with petit larceny. Newton was arrested on a warrant issue in 2014. Newton allegedly accepted a sum of money to complete contracting work and then failed to complete the work and never returned the money.  He was arraigned in City Court and released under supervision of Genesee Justice.

Ray Spencer Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd. Saile is accused of being in the residence of a protected party at 1:38 a.m., Oct. 28.  He was released on an appearance ticket.

Thomas Tacito, 61, of Batavia, is charged with failure to appear.  He was arrested on six warrants for failure to appear on multiple charges including criminal contempt, harassment, disorderly conduct, and criminal mischief. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Samantha L. Hoy, 30, of Niagara Falls, is charged with DWI.  Hoy was arrested on Oct. 26 after allegedly driving off the road in teh area of 205 Oak St., Batavia. She was issued an appearance ticket.

George J. Budzinack, 41, of Batavia, is charged with criminal mischief 4th. Budzinack is accused of damaging the door of an apartment on Mill Street following a fight. He was released on an appearance ticket.

Cody L. Pahura, 30, of Darien, is charged with Driving with a BAC of .08 or greater. Pahura was stopped by Batavia PD at 1:21 p.m., Oct. 21, on West Main Street, Batavia.  He was arraigned in City Court and released under supervision of Genesee Justice.

Philip Escobar, 32, of Kirvin, Texas, is charged with DWI and failure to submit to a chemical test. Escobar was arrested following a complaint of a man sleeping in a truck that was in the drive-through line at McDonald's at 2:30 a.m., Oct. 24.  He was released on an appearance ticket.

Phoenix Garcia-Sobczak, 30, of Elba, is charged with grand larceny. At 2:12 p.m., Oct. 14, Garcia-Sobczak allegedly took a vehicle from another person without permission. He was issued an appearance ticket.

Antonia Goodson, 31, of Batavia, is charged with petit larceny.  Good was arrested on warrants out of City Court.  He was arraigned and released under supervision of Genesee Justice.

Jason Shaffer, 41, of Perry, is charged with driving while ability impaired by drugs, uninspected motor vehicle, and insufficient turn signal. Shaffer was stopped at 1:05 a.m., Aug. 23, in the City of Batavia.  He was charged following an investigation, arraigned inn City Court, and released on an appearance ticket.

Jillian Antinore, 44, of Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, refusal to take breath test, aggravated unlicensed operation, and following too closely.  Antinore was charged following an investigation into a motor vehicle accident at 4:15 p.m., Oct. 12, on Ellicott Street.  She was issued traffic tickets and released.

Heather Davis, 44, of Batavia, is charged with criminal contempt 2nd.  Davis is accused of violating an order of protection by having contact with the protected person. She was released on an appearance ticket.

Cody A. Bush, 35, of Batavia, is charged with criminal contempt 2nd, criminal possession of a controled substance 7th, burglary 2nd, and resisting arrest. At 3:08 a.m., Oct. 11, Bush was allegedly found in the residence of person he was ordered by a court not to contact. He was arraigned and ordered held without bail.

Jeremy Olsen, 48, of Bergen, is charged with criminal mischief 4th.  Olsen is accused of cutting a tree in a City park on Oct. 16.  He was issued an appearance ticket.

Jesse Lord, 21, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Lord allegedly fled from a bar fight at 10:28 p.m., Oct. 16, in a vehicle and police observed him leaving the scene and stopped his vehicle. He allegedly failed a field sobriety test.  He was processed at the jail and released on traffic tickets. 

Shelby Fryer, 26, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlicensed operation, and no or inoperable headlights. Fryer was stopped at 2:27 a.m., Oct. 17, by Batavia PD and released on appearance tickets.

Law and Order: Batavia man accused of attacking woman, resisting arrest

By Howard B. Owens

Aaron Michael Reagan Hatt, 25, no disclosed address in Batavia, is charged with criminal contempt 1st, criminal obstruction of breathing/blood circulation, unlawful imprisonment, resisting arrest, and obstructing governmental administration.   Hatt is accused of applying pressure to a woman's neck during a dispute at 11:59 p.m., Oct. 29, at a location on Federal Drive, Batavia. He allegedly resisted arrest while deputies attempted to place him in custody.  He was jailed on $5,000 bail.

Erica Ann Hanley, 33, of Pratt Road, Batavia, is charged with criminal contempt 2nd.  Hanley is accused of violating an order of protection at 10:26 p.m., Oct. 29.  She was released on an appearance ticket.

Maple Street arsonist convicted in jury trial

By Howard B. Owens

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UPDATED with additional information from the trial.

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     Plush Dozier

An arson and attempted murder case dating back to 2018, beset by numerous delays -- including the 2020 pandemic -- has reached a resolution after a jury trial this week of Plush Dozier, 24.

Dozier was convicted by the jury this afternoon on both counts.

First-degree arson is a Class A-1 felony. Second-degree attempted murder is a Class B felony.  Under New York's penal law, both sentences must run concurrently.

Dozier intentionally set fire on June 15 to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

First Assistant District Attorney Kevin Finnell, who prosecuted the case, indicated the conviction came on the strength of a confession by Dozier the night of the fire. At the fire scene while fire crews were still battling the blaze, Dozier approached Officer Arick Perkins and admitted to starting the fire. He later made a tape confession that included method and intent. Those details were corroborated through additional investigation and statements by occupants of the home.

During the drive, Lt. Micahel Morris, City Fire, provided testimony that helped secure the conviction.

During deliberations, the jury asked for a replay of the video of Dozier's confession and also asked for a readback of a portion of the testimony of one of the children who was home at the time of the fire.  

Finnell said the jury deliberated for more than two hours before returning a verdict.

Among the delays in the case was a September 2019 mental health evaluation that ended in a determination that Dozier was mentally fit to stand trial.

While in custody, Dozier allegedly damaged the door of a Sheriff's patrol vehicle and menaced an officer.  He also is accused of kicking out a plate glass window at the jail in a separate incident.

For previous coverage, click here.

Law and Order: Teen charged with trespass at GCC

By Howard B. Owens

Domique Sinclair Betantourt, 19, of Wilkins Street, Rochester, is charged with trespass. Betantourt is accused of being on the GCC campus after being banned from the campus following an earlier incident.  She was released on an appearance ticket.

Anthony Joseph Maye, 21, of Bovee Road, Begen, is charged with DWI, driving with a BAC of .08 or higher, inadequate plate lamp, and refusal to take breath test.  Maye was stopped at 3:02 a.m., Oct. 23, on Clinton Street Road, Stafford, by Sgt. Mathew Clor.

 

Law and Order: Baldwin man accused of trespass on Galloway Road

By Howard B. Owens

Charles Earl Ford, 57, of Woodfield Road, Baldwin, is charged with criminal trespass 2nd.  Ford was located at 6:52 a.m., Oct. 18, by a homeowner on Galloway Road, Batavia, sleeping in a car parked in the garage of the residence.  Ford was processed at the Genesee County Jail and released.

Liza Monica Bezczynski, 26, of Pearl Street, Batavia, is charged with violation of a court order by physical contact and harassment 2nd. Bezczynski allegedly struck and kicked a person at a residence on Pearl Street at 11:46 a.m., Friday.  She was issued an appearance ticket.

DSS announces two convictions in welfare fraud cases

By Press Release

Press release:

Elizabeth Gates, 43 of Bensalem, PA formerly of Batavia, pled guilty to one count of petit larceny in Batavia town Court on September 28, 2021.  Sentencing has been scheduled for December.

Gates was originally charged with six counts of first degree Offering a False Instrument for Filing, seven counts of third-degree Forgery and one count of third-degree Grand Larceny after an investigation by Genesee County Social Services Investigator Robert Riggi revealed that gates forged signatures on several documents and providing false information in order to qualify for SNAP benefits.

Full Restitution of $7,792.00 has been made to the Genesee County Department of Social Services, and Gates will be disqualified from receiving SNAP benefits for one year.

Corrine Navarra, 40 of Oakfield, pled guilty to one count of Petit Larceny in Batavia Town Court on October 19, 2021 and was sentenced to a one-year conditional discharge.

Navarra was originally charged with one count of third-degree Grand Larceny and one count of third-degree Welfare Fraud after an investigation by Genesee County Social Services Investigator Robert Riggi found that Navarra failed to report that her husband’s income from a new job or that she had been laid off and was receiving unemployment insurance benefits, resulting in her receiving $3,840.00 in SNAP benefits she was not entitled to.

Full restitution has been made to the Genesee County Department of Social Services and Navarra will be disqualified from receiving SNAP benefits for one year.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Unit at (585) 344-2580, ext. 6417 or 6541.

Law and Order: Driver found to have several outstanding warrants, alleged drug possession during traffic stop

By Howard B. Owens

Tommy Crawford, 32, of Rochester, is charged with criminal possession of a controlled substance 7th, criminal impersonation, unlicensed operation, aggravated unlicensed operation, and failure to stop at a stop sign. Crawford was arrested on Oct. 10 following a traffic stop at 1:09 a.m. on  Miller Avenue. He is accused of providing police with a false name. After Crawford was identified, officers determined he was the subject of multiple outstanding warrants issued by the City of Batavia along with several issued by other agencies. He was also allegedly in possession of crack cocaine. He was arraigned in City Court and bail was set at $100.

Devon A. Wright, 19, of Batavia, is charged with obstructing governmental administration and unlicensed operation  3rd. Wright was arrested on Oct. 9 for charges stemming from an incident on Sept. 29 on  Dellinger Avenue, Batavia. He is accused of fleeing from a vehicle and locking himself inside a residence following a traffic stop.  He was issued an appearance ticket.  For prior coverage of Wright,  click here.

Anthony Natrigo, 23, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and no or inoperable tail lamps. Natrigo was stopped at 2:17 a.m., Oct. 9, on East Main Street by a Batavia police officer. He was processed at police headquarters and released on tickets.

Katherin A. O’Brien, 28, of Pavilion, is charged with felony  DWI. O'Brien was stopped by State Police in  Warsaw on  Saturday. She allegedly had a BAC of .17. She was arraigned in Town of Warsaw Court and released on her own recognizance.

Stephanee Mae Surabian, 33, of State Street Road,  Batavia,  is charged with grand larceny 3rd and five counts of offering a false instrument for filing. Surabain allegedly failed to report to  DSS that the father of her children was residing in her home or that he was earning wages while receiving benefits. Surabain allegedly received $7,919 in  SNAP benefits she was not entitled to receive. She was arraigned in Batavia Town  Court and released on her own recognizance.

Sarita Gajmerkami, 28, of  Chestnut Ridge,  is charged with DWI, driving with a BAC of .18  or greater, and failure to keep right. Gajmerkami was stopped at 7:26 p.m., Oct. 14, on  Route 33, Bergen, by Deputy Kenneth Quackenbush. She was processed at the Genesee County Jail and released on an appearance ticket.

Diana Marie Walworth, 33, of Town Pump  Circle, Spencerport, is charged with felony driving with a BAC of .18 or greater and driver view obstructed. Walworth was stopped at 5:29 a.m., Oct. 10, on  I-490 in  Le Roy by Deputy Trevor Sherwood. She was issued an appearance ticket.

 

Son suspected of killing his father in home they shared in Oakfield

By Howard B. Owens

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A 37-year-old Oakfield man was arrested in Erie County yesterday and charged with the murder of his father at the home they shared in Oakfield.

Sixty-nine-year-old Martin Maher was found dead in his home at 32 Drake Street after deputies were dispatched to his house for a welfare check at 10:57 a.m. because family members had been unable to contact Maher.

Deputies found Maher deceased and that he was the apparent victim of a homicide.

Upon investigation, detectives identified Nicholas M. Martin as the suspect.  He was located in Erie County at 3:35 p.m.

He is charged with murder in the second degree. He was arraigned in Town of Oakfield Court and ordered held without bail.

The Genesee County Sheriff's Office believes this was an isolated incident and that there is no threat to public safety. 

Assisting in the investigation are State Police, the Erie County Sheriff's Office, the Coroner's Office, and the District Attorney's Office.  The investigation is ongoing.

Two Batavia residents arrested on weapons and drug charges

By Howard B. Owens
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Herbert Gennis Cecilia Rodriquez

Two Batavia residents were arrested yesterday on weapons and drug charges following an investigation by the Local  Drug Task Force in drug sales in the City of Batavia.

The charges were filed following the execution of a search warrant on Aug. 16

Taken in custody yesterday were Cecilia Tina Rodriquez, 32, and Herbert Bernard Gennis, III, 28, both of Raymond Avenue.

Rodriquez is charged with:

  • Criminal nuisance 1st, a Class E felony
  • Conspiracy 4th, a Class E felony
  • Criminal possession of a weapon 4th
  • Criminal possession of a controlled substance 7th
  • Two counts of criminal using drug paraphernalia
  • Endangering the welfare of a child.

Gennis is  charged with:

  • Criminal possession of a weapon 3rd, a Class  D felony
  • Criminal nuisance 1st, a Class E  felony
  • Conspiracy 4th, a  Class E felony
  • Criminal  possession of a controlled substance 7th
  • Two counts of criminal using drug paraphernalia 2nd
  • Endangering the welfare of a child.

Both were arraigned in City Court. Rodriquez was released on an appearance ticket. Gennis was released on his own recognizance.

Law and Order: Recently released sex offender accused of rape

By Howard B. Owens
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Jon Magliocco

Jon T. Magliocco, 44,  of  Batavia, is charged with rape  3rd, criminal sexual act 3rd, and criminal sexual act 1st. Magliocco was released from prison on Aug. 2nd as a Level 3  sex offender. On Aug. 16,  two people reported being raped by Magliocco. The first incident allegedly occurred sometime between Aug. 10 and 11 at a residence on  Mill  Street. The second incident allegedly occurred between Aug.  14 and 15 at the same location. Magliocco was arrested after an investigation by Det. Jason Ivison and Officer Jason Waldron. Magliocco is being held at the Genesee County Jail.

William A.  Nichols, Jr., 28, of Medina, was arrested by Medina  PD and turned over to Batavia PD on a warrant for alleged failure to appear in court as directed. He was arraigned in City Court. His current status was not released.

Michael J. Robbins, 61, of Batavia, is charged with grand larceny 4th and conspiracy 5th. Robbins is accused of stealing property from a business on East Main Street, Batavia, on July 31. He was issued an appearance ticket.

Earnest J. Reese, 74, of Batavia, is charged with DWI,  driving with a BAC of .08 or greater, and moving from lane unsafely. Reese was stopped at 9:24 p.m., Saturday, on Bank Street in Batavia by Officer Peter Post.  Reese's vehicle allegedly struck a parked car.  Reese was issued an appearance ticket.

Cassandra F. Smith,  35, of York, was arrested on a warrant. Smith allegedly failed to appear in court on charges related to thefts from a  cemetery on  Harvester Avenue on  Aug. 16. Smith was processed at the jail and released.

A 16-year-old was arrested on a charge of harassment 2nd. The youth is accused of pushing and punching another juvenile during a fit. The youth was issued an appearance ticket.

Aaron J. McFollins, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. McFollins was stopped by a Batavia PD officer on Sept. 16 on East Main Street, Batavia. He was issued an appearance ticket.

Leslie R. Parris, 38, of Batavia, is charged with DWI and driving with a BAC of .18 or greater. Parris was stopped at 4:53 a.m., Sept. 19, on Dellinger Avenue  by a Batavia police officer. Parris was issued an appearance ticket.

Adele J. Feeley, 20, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, an open container, and speeding. Feeley was stopped at 10:46 p.m., Sept. 24, on West Main Street, Batavia, by a Batavia police officer. She was issued an appearance ticket.

Stephanie L. Coley, 39, of Brockport, is charged with criminal possession of a controlled substance 7th. At 1:58 a.m., Sept. 24, a Batavia police officer reportedly found Coley sleeping in the driver's seat of her vehicle at a location on Oak Street. She was allegedly found in possession of a crack pipe and several small bags containing an unknown white powder. She was released on an appearance ticket.

Mandy L. Miller, 41, of Batavia, is charged with arson 2nd and criminal mischief.  Miller is accused of setting fire to a carpet and a door at a residence on North Spruce Street on Sept. 25 during a dispute. She was issued an appearance ticket.

Jeremy G. Ives, 46, of Batavia, is charged with criminal mischief 3rd. Ives is accused of damaging a residence on Highland Park, Batavia, on Sept. 26. He as issued an appearance ticket.

Kimberly J. Pol, 33, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to use a turn signal. Pol was stopped at 10:12 p.m., Sept. 26, in Batavia by a Batavia police officer. Pol was issued an appearance ticket.

Christopher C. Taylor, 21, of Batavia, is charged with criminal contempt 2nd. Taylor allegedly made threats to burn down a house in violation of an order of protection. He was arraigned in City Court and released under supervision of Genesee Justice.

Myron D. Dupler, 74, of Batavia, is charged with public lewdness.  Dupler is accused of masturbating with his penis out of his pants while at the corner of State Street and Washington Avenue at 8:12 a.m., Sept. 27. He was issued an appearance ticket.

Rae C. Cook, 32, of Batavia, is charged with assault 2nd and criminal possession of a weapon. Cook is accused of stepping another person in the neck with a knife during an argument at 10:28 p.m.,  Oct. 2, at a location on Fisher Park, Batavia. Cook was arraigned in City Court and ordered held on $5,000 cash bail or $10,000 bond.

Marcos Velazquez, 18, of Batavia, is charged with criminal mischief 3rd. Valazquez allegedly smashed out several windows of a vehicle on Wood Street at 2:11 p.m., Sunday. He was issued an appearance ticket.

Jessica B. Eschenlauer, 32, of Batavia, is charged with harassment 2nd. Eschenlauer is accused of striking a person with a wooden kitchen spoon during an argument at a residence on Eleanor Place at 9:30  p.m., Monday. She was issued an appearance ticket.

Jery Riley III, 43, of Batavia, is charged with criminal mischief 4th. Riley allegedly damaged a door inside a residence on Manhattan Avenue during an argument at 4:19 p.m., Monday. He was released on his own recognizance. 

A 17-year-old is charged with harassment 2nd. The youth allegedly threatened another person with physical harm during an argument on Wednesday at a location on Hutchins Place, Batavia. He was released on his own recognizance. 

James Lee Thomas, Jr., 47, of Main Road, Stafford, is charged with endangering the welfare of an incompetent person. Thomas allegedly struck a mentally disabled minor multiple times causing pain. He was arraigned in Stafford Town Court and released on his own recognizance.

Daniel Jonathan Eastridge, 26, of  Woodstock Gardens Apartments, Batavia, is charged with felony DWI, felony driving with a BAC of .08  or greater, speeding, moving from lane unsafely, and driving left of pavement markings. Eastridge was stopped at 6:03 p.m., Saturday, on Telephone Road, Pavilion, by Deputy Jordan Alejandro.  He was issued an appearance ticket.

Jayson Lee Chamberlain, 37, of Pratt Road, Batavia, is charged with burglary 3rd and petit larceny. Chamberlain is accused of stealing property from a barn on Fisher Road, Oakfield, at 10:55 p.m., Oct. 7. He was arraigned in Oakfield Town Park and released on his own recognizance. 

Jessica J. Stocum, 44, of Batavia, is charged with assault, endangering an incompetent person, endangering an adult, criminal possession of a weapon. Stocum was arrested by State Police in connection with an incident reported at 3:19 a.m., Sunday, in the Town of Batavia. She was ordered held on $10,000 bail.  No further details released.

Cynthia M. Stewart, 40, of Batavia, is charged with petit larceny. Stewart was arrested by State Police in connection with a theft reported at 1:41 p.m., Oct., in the Town of Batavia. She was issued an appearance ticket. No further details released.

Matthew J. Zon, 40, of South Byron, is charged with criminal obstruction of breathing, criminal mischief 4th, and criminal contempt 1st. Zon was arrested by State Police in connection with an incident reported at 5:24 p.m., Oct. 4, in the Town of Byron. He was ordered held on bail. No further details released.

Man accused of raping teen in Batavia in 2000

By Press Release

Press release:

Roger K. Brinkman was arrested for the above-listed charges. In the year 2000, Brinkman allegedly forcibly raped a female who was (a young teenager) at the time of the alleged crime. Brinkman was arraigned before Judge Rogers at Batavia City Court and held on $50,000 A, $100,000 B, $300,000 partially secured bond. 

Law and Order: Inmate accused of bringing contraband into jail

By Howard B. Owens

William Anthony Nicholas, 28, of Telegraph Road, Medina, is charged with promoting prison contraband. Nicholas allegedly possessed contraband while being held in the Genesee County Jail. The type of contraband was not identified in the press release. He was issued an appearance ticket.

Michael Patrick Caito, 30, of South Drive, Rochester, is charged with DWI.  Caito was reportedly involved in a multi-vehicle accident at 7:04 p.m., Oct. 4, on  Route 33 in Bergen. He was charged with several other, unspecified,  traffic violations.  His vehicle allegedly crossed over the double center line and struck two vehicles. He then reportedly left the scene and continued eastbound and was located a distance away from where his vehicle had become disabled. He was issued an appearance ticket.

Law and Order: Albion woman accused of assaulting person in Byron with a hammer

By Howard B. Owens

Carrie Anne Clay, 27, of Albion, is charged with burglary 2nd, assault 2nd, criminal mischief 4th. Clay was arrested on a warrant stemming from an incident reported in Byron at 7:28  a.m., Sept. 25, by Deputy Kevin Forsyth and Deputy Rachel Diehl.  It is alleged that Clay attacked another person with a hammer. She was reportedly thrown out of the residence and broke back in and attempted to attack the same person again. The victim sustained minor injuries and declined EMS assistance. Clay was arraigned in Stafford Town Court and held on $5,000 cash bail.

Tamaneeka T. Perez-Smith, 42, of Britton Road, Rochester, is charged with felony driving while impaired by drugs, felony  DWI, resisting arrest, driving without an interlock device, leaving the scene of a property damage accident,  failure to yield to an emergency vehicle, failure to move over for an emergency vehicle, insufficient turn signal, failure to stop at a stop sign, moved from lane unsafely, unlicensed operator. Perez-Smith was allegedly driving erratically on Park Road in the Town of Batavia and fled from a patrol attempting a traffic stop. She was taken into custody by Deputy Nicholas Chamon and issued an appearance ticket.

Mary Grace Vaughan, 25, of Charlesgate Circle, East Amherst, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely.  Vaughan was arrested by Deputy Zachary Hoy after a report at 12:58 a.m., Oct. 2,  that a vehicle had struck a  guard rail on Main Road in Pembroke.

Colleen Beth Gill, 51, of Spring Road, Alexander, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving without an interlock device, aggravated unlicensed operation 2nd, driving to left of pavement markings. Gill was stopped at 6 p.m., Monday, on Main  Street, Alexander, by Deputy Jeremy McClellan.

Daniel W. Knauss, 52, Pavilion, is charged with assault 2nd, obstruction governmental administration 2nd, resisting arrest, and criminal contempt 2nd. Knauss was arrested by State Police in connection with an incident reported at 3:06 p.m., Sept. 29, in the Town of Pavilion. Knauss was ordered held in jail. No further information about the case was released.

 

Pair suspected of stealing Buffalo Bills merchandise from store in Batavia

By Howard B. Owens

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The Sheriff's Office is looking for the public's help in identifying two people suspected of stealing more than $1,000 in Buffalo Bills merchandise from Dick's Sporting Goods in Batavia.

The theft occurred on Sept. 12.

The suspects reportedly left in a light blue Honda Odyssey with no visible license plates. 

Information, including anonymous tips, can be phoned into the Sheriff's Office at (585) 343-5000 or by contacting Investigator Ryan DeLong at (585) 345-3000 ext. 3572

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Law and Order: Couple reportedly involved in dispute in vehicle on Swamp Road both arrested

By Howard B. Owens

Tylur Tyshawn Harper, 27, of Byron Holley Road, Byron, is charged with criminal mischief 3rd and criminal obstruction of breathing. Harper is accused of breaking the rear window of a vehicle and applied pressure to the throat of another person during a disturbance at a location on Swamp Road in Byron at 10:42 p.m., Wednesday.  Harper allegedly fled the scene on foot following a traffic stop by Deputy David Moore and was later located by Sgt. Mathew Clor and Trooper Ruckdaschel and Trooper Serio  on Byron Holley Road with the help of tracking from  Swamp Road by Batavia PD Officer Stephen Quider and K-9 "Batu."  Harper was arraigned in Town of Batavia Court with an order of protection issued.  Harper was released on his own recognizance.

Elizabeth Christine Lambert, 26, of Swamp Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Lambert was stopped at 10:42 p.m., Wednesday, on Swamp Road, by Deputy David Moore.

Wendy Marie Rivera, 56, of Redwood Avenue, Albion, is charged with stalking 4th and harassment 2nd. Rivera is accused of stalking and harassing another person while following that person in a car on Clinton Street Road in Stafford.  Rivera was located and arrested by Deputy Kenneth Quackenbush.

Law and Order: Alleged child sex predator charged with crimes against fourth victim

By Howard B. Owens
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Melvin Huntley

Melvin A. Huntley, 40, of Wilkinson Road, Batavia, is charged with rape 1st, sex abuse 1st, and predatory sexual assault with two or more victims. Huntley, accused previously of being a child sex predator and later charged with additional felonies, has been charged again as the result of further investigation by detectives Howard Carlson and Kevin Forsyth. An additional alleged victim was identified.  There are no known additional victims.  There are allegedly four victims total. Huntley is accused of multiple incidents of sexual assault over a seven-year period.  He remains in the Genesee County Jail being held without bail.

Brian Michael Raphael, 33, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and conspiracy 6th. Raphael was allegedly found in possession of cocaine following a traffic stop in the Town of Bergen at 11:15 p.m., June 7, by Deputy David Moore.  He was issued an appearance ticket and is scheduled to return to court Oct. 13.

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