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Tuesday, February 25, 2014 at 5:12 pm

Law and Order: Woman accused of welfare fraud

post by Howard B. Owens in batavia, crime

Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

Monday, February 24, 2014 at 10:39 pm

Woman with bright pink butterfly tattoo suspected of robbing Five Star Bank branch in Batavia

post by Howard B. Owens in batavia, crime

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Monday, February 24, 2014 at 4:48 pm

Law and Order: Alleged underage drinking party on State Street Saturday night results in four arrests

post by Billie Owens in batavia, crime, Le Roy

John J. Astrologo, 20, of 107 State St., Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party at his residence on State Street in Batavia on Saturday. He was released on an appearance ticket and ordered to appear in Batavia City Court on March 11.

Evan W. Horton, 19, of State Street, Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party on Saturday. He was released on an appearance ticket and is set to return to Batavia City Court on March 4.

Lukas M. Baildon, 18, of Batavia-Stafford Townline Road, Batavia, was arrested on Saturday following an investigation into an underage drinking party and charged with unlawful possession of marijuana. He was issued an appearance ticket and released. He is due in Batavia City Court on March 11.

Brody A. Jorgenson, 19, of Batavia-Stafford Townline Road, Batavia, was arrested and charged with unlawful possession of alcohol following an investigation into an underage drinking party on State Street in Batavia on Saturday. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on March 4.

Christopher Douglas Ball, 41, of Park Road, Batavia, is accused of 33 counts of criminal contempt. It is alleged that he violated an order of protection issued by Family Court on several occasions by sending 30 text messages, having two phone conversations, and by having personal contact with the protected person. Following his arraignment on Thursday, he was jailed on $5,000 cash bail or $10,000 bond. He is set to reappear in Town of Oakfield Court on March 3.

Christian Gerand Santana, 32, of Kally Street, Rochester, was arrested Friday and charged with petit larceny for allegedly stealing merchandise valued at $129.99. He is also charged with possession of burglar tools for allegedly using a cutting instrument to aid in the theft, as well as second-degree harassment for allegedly pushing loss prevention personnel when they attempted to detain him. Following his arraignment in Town of Batavia Court, he was jailed on $500 cash bail or $1,000 bond. He is set to reappear in town court on March 3.

Courtney A. Gaebler, 36, of Soccio Street, Batavia, was arrested and charged with driving while intoxicated and failing to maintain lane after crashing her car into a utility pole on Liberty Street on Wednesday, causing significant damage to the pole and car. She will be arraigned in City Court on March 11.

Sharon Jean Chase, 55, of Route 19, Le Roy, was arrested last Monday and charged with third-degree grand larceny for allegedly stealing several items from the apartment of an acquaintance. She is scheduled to appear in Le Roy Town Court on March 20.

Michael E. Mistler, 48, of East Main Street, Batavia, turned himself into Batavia Police after a bench warrant was issued for failing to answer a traffic summons. He posted bail and is scheduled to return to City Court on Tuesday.

Jake Ross Simmons Jr., 27, of North Hill Parkway in Atlanta, Ga., was arrested on Friday for aggravated unlicensed operation in the second degree following a traffic stop. It is alleged that he was driving while his privileges are suspended. He was also cited for failure to keep right.

Monday, February 24, 2014 at 3:57 pm

Grand Jury indicts man on four counts of first-degree sex crimes

post by Billie Owens in batavia, crime, Grand Jury, Le Roy

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

Nathan W. Larson is indicted on four counts. The first is the crime of first-degree attemped rape, a Class B felony, for actions which allegedly occurred on Aug. 3 in the Town of Le Roy. He is accused of attempting to engage in sexual intercourse with another person by forcible compulsion. In count two, he is accused of first-degree sexual abuse, A Class D felony, for allegedly subjecting another person to sexual contact by forcible complusion. In count three, he is also accused of first-degree sexual abuse for allegedly subjecting another person to sexual contact when the person was incapable of consent by reason of being physically helpless. In count four, he is accused of first-degree criminal sexual act, a Class B felony, for allegedly engaging in oral sexual conduct or anal sexual conduct with another person who was incapable of consent by reason of being physically helpless.

Steven E. Palmer is indicated for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 1998 Acura on Route 5 in the Town of Le Roy on Nov. 8 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly having a BAC of .18 or more.

Stephen J. Holdaway is indicted for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 2004 Ford pickup on Route 33 in the Town of Batavia on Aug. 21 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for having allegedly having a BAC of .18 or more.

Monday, February 24, 2014 at 3:17 pm

Robbery at Five Star Bank, East Main Street, in the city

post by Billie Owens in batavia, crime

A robbery is reported at the Five Star Bank, 567 E. Main St., in Batavia. The suspect handed the teller a note and fled on foot with an undisclosed amount of cash. No weapon was displayed. The suspect is described as female, 26 years old, white, 5'7", wearing black sweatpants, a gray sweatshirt, with a train-conductor-type hat. She has a butterfly tattoo on her neck and had on black gloves. She may have gotten into a gray Honda Civic. Unknown direction of travel. Multiple law enforcement units on scene. A canine will be deployed shortly.

Friday, February 21, 2014 at 2:06 pm

Big fight in parking lot of Batavia's Original Pizzeria on East Main Street

post by Billie Owens in batavia, crime

A fight involving about 12 subjects was reported at Batavia's Original Pizzeria at 500 E. Main St. A caller to dispatch said a baseball bat was involved and one person was struck in the head. The group subsequently left and went to Harvester Avenue. Multiple city police units are on scene and Mercy medics are staging in the area.

UPDATE 1:08 p.m.: So far no victim has been found, although now police are going to check inside the restaurant.

UPDATE 1:10 p.m.: No word on a dozen subjects; police are having I.D. checks done for four people at the scene.

UPDATE 1:12 p.m.: A victim with a laceration to the head was found inside the restaurant and medics are given the go-ahead to enter and treat the person.

UPDATE 1:24 p.m.: At least two people will be taken into custody.

UPDATE 1:34 p.m.: The victim declined transport to the hospital. Police are taking subjects to police headquarters to speak with them further.

Thursday, February 20, 2014 at 3:04 pm

Appeals court throws out conviction of woman accused of bilking employer out of $14K

post by Howard B. Owens in bergen, crime

Some of the evidence used against a former Bergen woman in her trial for fraud a year ago shouldn't have been submitted to the jury, so the woman should get a new trial, an appeals court has ruled.

Michele Ann Case, 47, of 1037 Chili Center-Coldwater Road, Rochester, was found guilty by the jury on criminal counts for allegedly bilking her employer out of more than $14,000 in fraudulent mileage and reimbursement claims.

Case was a home care nurse.

In prosecuting the case, the District Attorney's Office used as evidence summaries of financial and accounting documents as evidence.

According to the justices of the Appellate Division, Fourth Judicial Department, Case's attorney, Public Defender Gary Horton, did not challenge the admissibility of the documents.

The documents were not admissible, the court ruled, because the defense was not given a chance to review the data used to create the summaries.

The lack of review denied Case her right to a fair trial, the court ruled.

District Attorney Lawrence Friedman said the prosecution is "back to square one" -- at the same point the case was at before Case went to trial, but unless there is a plea deal, Friedman indicated he intends to proceed with the case.

"It's not like this decision indicates in anyway that we can't prove our case," Friedman said. "It's a question as to the admissibility and accuracy of the records that were used. It's certainly something that's curable for a retrial.

"This is not anything in my mind that weakens our case," Friedman added. "It's a matter of going back and reviewing the records and eventually redoing summaries that were used for the jury."

Thursday, February 20, 2014 at 1:11 pm

Law and Order: Sex offender accused of not reporting address change

post by Howard B. Owens in crime, Le Roy, Pavilion
Shawn Powers

Shawn Powers, 48, of Wyoming County, is charged with failing to register a change of address. Powers, a registered Level 2 sex offender, was arrested by Le Roy PD for alleged failure to register a change of address as required by state law for registered sex offenders. He was previously a resident of the Village of Le Roy. Powers has a prior conviction for the same offense, making the new charge a Class D felony. He was jailed on $10,000 cash bail or $20,000 bond.

Richard Thomas Elliott, 82, of West Park Street, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and operating with driver's view obstructed. Elliott was stopped at 1:54 a.m., Wednesday, on Cato Street, Pavilion, by Deputy Joseph Corona.

Andrew J. Paladino, 34, of Shelter Street, Rochester, was arrested on Family Court warrant for alleged support violation. Paladino turned himself in on the warrant. He paid $200 toward his support obligation and was released pending his next court appearance.

Tuesday, February 18, 2014 at 6:55 pm

Two woman accused of not feeding their dogs have court appearances rescheduled

post by Howard B. Owens in batavia, crime

Two Batavia women accused of mistreating their dogs were in City Court today, but both of their cases were rescheduled to a later date.

City Court Judge Michael Del Plato has a conflict of interest on one case. He was also filling in for Judge Robert Balbick, who is already presiding over an unrelated case for one of the defendants, so that case was delayed as well.

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure to provide sustenance for an animal. Officers allegedly found a malnourished dog in her residence.

Nina Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/harboring an unlicensed dog.

Del Plato has a conflict of interest in Pellegrino's case.

Balbick is already handling an unrelated case on Kelso. She's charged with unlawful possession of marijuana.

Assistant District Attorney Robert Zickl indicated he is seeking compensation from both defendants for the care and feeding of their dogs while they're in foster care.

Kelso and Pellegrino will next appear in court Feb. 27.

Tuesday, February 18, 2014 at 6:07 pm

Defendant asks for maximum sentence and Noonan gives it to him

post by Howard B. Owens in bergen, byron, crime

In County Court today, Dustin Locicero got exactly what he asked for: the maximum sentence Judge Robert C. Noonan could possibly hand down.

That is three-and-a-half to seven years on Locicero's plea bargain in which Locicero admitted to forgery 2nd.

The 29-year-old Bergen resident was arrested in January and accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester.

Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations.

He was charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd.

At the time of his arrest he had pending charges for identity theft.

The plea satisfied all of Locicero's charges.

District Attorney Lawrenece Friedman said he asked for the maximum sentence under the plea agreement, and public defender Jerry Ader asked for the minimum sentence, two to four years.

When Locicero was given a chance to address the court, Friedman said, the defendant told Noonan he might as well give him the maximum sentence because he will die in prison anyway.

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