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Grand Jury Report: Batavia man indicted for allegedly biting police officer

By Howard B. Owens

Recent indictments from the Genesee County Grand Jury:

Donald F. Stillwagon II, is charged with assault, 2nd. Stillwagon is accused of assaulting a police officer with the intent of preventing him from performing his lawful duties. The alleged incident occurred on Sept. 29. (Initial Report)

Adam B. Thomas is charged with misdemeanor DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Thomas is accused of driving a 1998 Dodge on Prole Road in Stafford on June 13 while intoxicated.

Sath P. Dhanda is charged with two counts of criminal contempt, 1st. Dhanda is accused of physically attacking a woman for which there was an order of protection in place and putting her in fear for her life. The alleged incident occurred on Sept. 24.

James D. Henry is charged with attempted grand larceny, 3rd, and criminal possession of a forged instrument, 3rd. Henry is accused of attempting to steal something of greater value than  $3,000 on Sept. 28 in the Town of Le Roy. He is also accused of possessing forged prescriptions.

Jason A. Armstrong is charged with assault, 2nd, and criminal contempt, 2nd. Armstrong is accused of causing serious physical injury, with intent to do so, to another person in Stafford on June 27. Armstong is also accused of being in the presence of another person he was ordered by a court not to be around.

Police chase down a pair of suspected shoplifters on Lewiston Road

By Howard B. Owens

At about 3:40 p.m., dispatch received a report of two men in heavy coats supposedly weighted down with stolen merchandise were seen running for Kmart on Lewiston Road.

One man was quickly apprehended by Batavia Police in the Kmart parking lot.

The second man ran across Lewiston, past the Town of Batavia Fire Hall and onto Colonial Boulevard, where a citizen reportedly spotted him hiding in a back yard.

Sheriff's Deputies were then able to apprehend the suspect. 

More details as they become available.

Police Beat: Bail set at $1K for man accused of violating order of protection

By Howard B. Owens

Ronald A. Smith, 18, of 3189 Broadway Road, Alexander, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Smith is accused of violating a court order protecting a female acquaintance. During the investigation he was allegedly found in possession of marijuana. Smith was jailed on $1,000 bail.

Latoya Y. Stanley, 101 State St., Batavia, is charged with criminal trespass and criminal mischief, 4th. Stanley is accused of going to the apartment of another person and damaging the doorway.

Randy L. Sanfratello, 41, of 4016 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of trying to fight another man at East Town Plaza on Oct. 20. He was arrested on a warrant out of Batavia City Court.

Nathan Lorel Smatana, 21, of Lincoln Place, Lockport, is charged with unlawful possession of marijuana. Smatana was arrested following the investigation into a motor-vehicle accident at 5:12 p.m., Friday on Route 77, Pembroke, by Deputy Joseph Graff.

Victoria Lynn Phillips, 49, of Molasses Hill Road, Bethany, is charged with DWI and driving with a BAC of .08 or greater. Phillips was arrested by Deputy Jason Saile following a 9-1-1 call out of the Town of Darien at 11:46 p.m., Friday.

Adam Scott Hamilton, 25, of Curwood Drive, Tonawanda, is charged with disorderly conduct. Hamilton was picked up on a bench warrant out of Town of Darien Court for failure to pay a fine. He paid the fine and was released.

Alejandro Cortes Ruiz, 28, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlights, unlicensed operation and consumption of alcohol in a motor vehicle. Ruiz was stopped at 11:54 p.m., Friday, on South Lyon Street, City of Batavia, by Deputy Jason Saile. Bail was set at $2,500.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

A 17-year-old from Basom is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

Randall William McKeown, 48, of Dellinger Avenue, is charged with a felony count of DWI, driving with a BAC .08 or greater, aggravated unlicense operation, 3rd, and moving from lane unsafely. McKeown was stopped on Route 5, Batavia, at 12:31 a.m., Sunday, by Deputy Joseph Graff.

Christopher Thomas Guillod, 23, of Olde Tavern Circle, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and inadequate exhaust. Guillod was stopped at 1:12 a.m., Sunday, on Oak Street, Batavia, by Deputy Jason Saile.

Mother admits to trying smuggle oxycodone into jail for her son

By Howard B. Owens

A mother who tried to smuggle oxycodone into her son being held in Genesee County Jail accepted a plea offer today that should keep her out of jail.

Kathleen Catino, 60, of Seven Springs Road, Batavia, entered a guilty plea to criminal possession of a controlled substance, 5th, with a promise of probation and no jail time if she stays out of trouble between now and her sentencing in January.

Catino was original charged with criminal sale of a controlled substance, criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd, promoting prison contraband, 2nd, and possession of a controlled substance not in the original container.

Her son, 39-year-old Cain Catino, admitted two weeks ago to to attempted robbery, 3rd. Catino tried to steal oxycodone from the Oakfield Pharmacy on Sept. 20.

On Oct. 14, Kathleen Catino tried to give some oxycodone to Cain while visiting him in jail.

In Genesee County Court this morning, Catino said she was trying to help her son with his withdrawal symptoms.

Mailboxes knocked over by wayward driver along Alexander Road

By Howard B. Owens

A driver took down several mailboxes overnight along the 9100 block of Alexander Road heading southbound.

The car was apparently off the road for about at least a quarter mile south of Pike Road.

It's unclear how many mailboxes were knocked over or if there was any other property damage.

The car is believed to be a 1999 to 2001 Saturn, color purple. It suffered heavy right front end damage, with possible wheel damage on the right. It will be missing a right mirror.

If anybody knows of a vehicle matching that description, the Sheriff's Office can be contacted at 343-5000.

Deputy Brian Thompson is handling the investigation.

UPDATE: Deputy Thompson sends along this update:

Dark purple in color. It would look black at night. We have recovered right  (passenger side) quarter panel parts, front corner assembly, Saturn emblem,  corner marker light, hubcaps. A large multiple mailbox platform was struck, two newspaper boxes (metal posts) and it sideswiped another mailbox. Part numbers match from a 1999 to 2002. Collision persons believe it was a 1999 to 2001 by rust damage and earlier part numbers.

Harvester Avenue burglar pleads guilty to three felony charges

By Howard B. Owens

An East Main Street resident with a record of stealing from local businesses admitted in Genesee County Court this morning that in late October he broke into a shop on Harvester Avenue and stole and then forged two checks.

The three felony counts -- burglary and two counts of possessing a forged instrument -- will send Michael J. Piasta to state prison for at least two years and perhaps as many as seven.

Piasta admitted to breaking into the building and then trying to cash two checks made out to himself, each in the amount of $1,762, at two separate branches of a local bank.

He was unsuccessful in both attempts to cash the checks.

Because the burglary and the two check-cashing attempts constitute three separate crimes, Piasta could have been facing consecutive sentences, but in a plea bargain, District Attorney Lawrence Friedman agreed to a concurrent sentence on all three counts.

His sentence also won't be enhanced by his prior felony convictions for burglary, 3rd, in 2006 and attempted assault, 2nd, in 2002.

Piasta previously admitted to burglary and petit larceny charges in Batavia City Court related to his arrests for stealing from Pandora's Boxx and Wilson Farms.

He will be sentenced in city court on those charges Dec. 2.

Previously: Man with previous thievery charges accused of burglary on Harvester Avenue

Man accused of stealing timber from three Genesee County properties

By Howard B. Owens

A man who lives 143 miles from Genesee County has been nabbed in connection with a series of timber thefts from local property owners.

Donnie Eugene Hendrickson, 49, of County Route 17, Bernhards Bay, is facing two charges of grand larceny and one for petit larceny for the alleged lefts in early 2010.

Bernhards Bay is northeast of Syracuse, on the north side of Oneida Lake.

Hendrickson is accused of stealing more than $21,000 in timber.

The first alleged theft occurred Jan. 9. Hendrickson allegedly removed $1,800 in timber from Stein Farms property. He's been charged with grand larceny, 4th, for that alleged crime.

In mid-February, $19,000 in timber was reported missing from Hy Hope Farms in Stafford. Hendrickson is being charged with grand larceny, 3rd.

The petit larceny charge stems from an alleged $450 theft of timber in February from Englereth Farms, Stafford.

The cases were investigated by Deputy John Duyssen.

Police Beat: Man accused of threatening police officers

By Howard B. Owens

Walter C. Blatt, 52, of 3768 W. Main St. Road, Batavia, is charged with harassment, 2nd. Police officers responded to a report of a disturbance at 9:53 p.m., Wednesday, at 319 E. Main St., Batavia. Blatt allegedly verbally and physically threatened officers.

Darren D. Jones, 45, of 168 Parkside, Syracuse, is charged with DWI. Jones was picked up in Syracuse on a warrant out of Batavia City Court for alleged failure to appear on a previous DWI charge. Jones was jailed on $5,000 bail.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with trespass and harassment, 2nd. Gaulden is accused of refusing to leave College Village after being told to do so. She allegedly struck a village security officer. The alleged incident occurred at 11:23 p.m., Thursday.

Lotoya Tamika Vialva, 19, of East 19th Street, Brooklyn, is charged with disorderly conduct, resisting arrest and unlawful possession of marijuana. Vialva was originally being taken into custody for allegedly yelling profanities in a public parking lot at College Village.  She then allegedly resisted arrest. The incident occurred at 11:40 p.m., Thursday.

Driver who fled scene of Oak Street accident not yet identified

By Howard B. Owens

The man who owns a silver Mustang involved in a one-car accident on the edge of the Oak Street roundabout last week says he wasn't driving the car at the time of the accident.

The driver fled the scene.

There were two witnesses of the driver running from the car, according to Officer Ed Mileham, but neither witness could positively identify the driver after looking at photo line ups.

"Right now, it's just an unauthorized use," Mileham said.

The owner of the car reported it stolen the morning after the accident.

The name of vehicle owner has not been released.

Farrall Park defendent has sentencing on public lewdness charge delayed again

By Howard B. Owens

Justin Amend, the 29-year-old Farrall Park paramour of Suzanne Corona, will wait another week at least to find out if he's going to jail.

When Amend entered a guilty plea to public lewdness, it was on the condition that he wouldn't receive jail time, but City Court Judge Robert Balbick said there's now a problem with that plea arrangement.

The former Oakfield resident is now a Florida resident.

"By moving out of state, you've prevented me from placing you on probation," Balbick said.

The Probation Department recommended Amend be given a conditional discharge -- meaning if he stays out of trouble for six months, the public lewdness conviction would be dismissed.

Balbick said considering the offense to the community, that Amend engaged in sexual conduct in a place where parents and children could see the act, he just can't go along with a conditional discharge.

That leaves Amend two obvious options -- withdraw his plea and go to trial, or let Balbick sentence him with the probability he will be given jail time.

Defense Attorney Tom Williams asked for more time to either research a way to get Florida to accept Amend's probation, or see if there is space available with the Genesee County Jail for a weekend work detail sentence.

Assistant District Attorney Robert Zickl predicted that Florida is unlikely to accept a probation case on a misdemeanor charge.

"States feel that their probation departments are overworked as it is and they do not want to accept misdemeanor cases," Zickl said.

Amend moved to Florida, according to Williams, because he's embarrassed by his crime.

"He's humiliated to be seen walking around Genesee County," Williams said. "For him to walk into Tops and be seen is torture for him. It would be like for me to walk into Tops naked. That may seem over the top, but that's how he feels."

When given his turn to speak, Amend said, "I can guarantee you that you will never see me in court again because this has been a total embarrassment."

Williams described Amend as an upstanding citizen who has never been in trouble except for this case.

In fact, Williams said, Amend has been a key witness in criminal cases, including one where he turned in a sexual predator who was victimizing a younger person. That criminal is now in state prison. The man never would have been caught if Amend hadn't contacted the police, Williams said.

Police Beat: Man accused of threatening woman

By Howard B. Owens

Trevor M. Rich, 29, of 8943 Creek Road, is charged with harassment, 2nd. Rich is accused of verbally threatening a woman at 1:38 p.m., Tuesday. He was jailed on $750 bail.

Markeda Daphne Starks, 19, South Lyon, Batavia, was arrested on a warrant out of Batavia Town Court related to a charge of trespass, 3rd.

Maxwell Raymond Pfendler, 18, of Lake Street Road, Pavilion, is charged with unlawful possession of marijuana. Pfendler was stopped on an alleged traffic violation at 10 p.m., Tuesday, by Deputy Joseph Graff.

Grand Jury Report: Man accused of having drugs for sale at College Village

By Howard B. Owens

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

Sheriff's Office announces five drug-related arrests

By Howard B. Owens

Five Genesee County residents have been arrested on various drug charges over the past several weeks, the Local Drug Enforcement Task Force announced.

One person is suspected of dealing drugs, a husband and wife as well as another man are accused of growing marijuana. Another woman is accused of possessing marijuana.

The following arrests were announced:

Anthony Nigro (pictured), 59, of Alexander Road, Alexander. Nigro is charged with criminal possession of a narcotic drug with intent to sell, 3rd, and criminal sale of a controlled substance, 3rd. Nigro was arrested in September and released on his own recognizance.

Michael D. Myers, 49, of Telephone Road, Pavilion, is charged with criminal possession of marijuana, 2nd, and unlawfully growing marijuana. Myers is accused of possessing more than 16 ounces of marijuana at the time a search warrant was executed on Sept. 13. Myers was released on his own recognizance.

Robie A. Dersham, 41, of Creek Road, Pavilion and Kimberly A. Dersham, 41, of Creek Road, Pavilion, are charged with criminal possesion of marijuana, 4th, and unlawfully growing marijuana. The Dershams were allegedly found in possesion of two ounces of marijuana in September.

Laura L. Pacer, 25, of Jackson Street, Batavia, is charged with criminal possession of marijuana. Pacer was allegedly found in possession of two ounces of marijuana following the execution of a search warrant on Oct. 12.

Police responding to possible child abduction on Route 77

By Howard B. Owens

Multiple law enforcement units are responding to Route 77 north of Route 5 following the report of a possible child abduction by a parent.

The report came in through OnStar.

The suspect car is a 2010 silver Chevy Malibu.

UPDATE 2:11 p.m.: The search is now located in the area of Flying J.

UPDATE 2:13 p.m.: A deputy has the vehicle stopped in the Flying J's parking lot. Brighton PD is being notified. The car is registered to a woman in Spencerport.

UPDATE 2:19 p.m.: Deputy: "The child is fine. (The driver) was heading to the rez for cigarettes." Now it appears that Ogden PD is lead agency.

Police Beat: Batavia woman with multiple prior arrests in trouble again

By Howard B. Owens

Latoya D. Jackson, 25, no permanent address, is charged with disorderly conduct and resisting arrest. Jackson was arrested after police responded to T.F. Brown's restaurant at 12:35 a.m., where she was reportedly causing a disturbance after being denied entry due to her apparent intoxication. Jackson allegedly yelled obscenities on Liberty Street and began to struggle with officer Darryl Streeter following her arrest. Jackson was jailed on $2,500 bail. For previous reports on Jackson, click here.

Manuel Larry Valdez, 32, of Shane Drive, North Syracuse, is charged with criminal mischief, petit larceny, harassment and disorderly conduct. Valdez was arrested following an investigation by Deputy Jason Saile into an alleged incident at 9:55 p.m., Friday, on Veterans Memorial Drive. Valdez is accused of yelling profanity in a public parking lot, allegedly pulling the hair of another person, biting her arm and punching her in the face.  Valdez also allegedly damaged the victim's car keys so she couldn't start her car. Valdez also allegedly stole merchandise from a store. He was jailed on $10,000 cash bail.

Mark R. Mack, 48, of 5 Chapel St., Mt. Morris, is charged with DWI and driving with a BAC of .08 or greater. Mack was reportedly found at 3:34 a.m., Friday, in his car with the motor running by Sgt. Michael J. Hare of the Le Roy Police Department, in a parking lot on Main Street, Le Roy.

Andrew Russell Desmond, 27, of Seaford Terrace, Hamburg, is charged with unlawful possession of marijuana. Desmond was stopped at 8:20 p.m., Friday, for allegedly driving 100 mph on Route 5 in Pembroke by Deputy Patrick Reeves. Reeves reported he found Desmond allegedly in possession of marijuana.

Armekcl Devonte Austin, 19, of Terrace Park, Rochester, is charged with trespass. Austin allegedly trespassed on College Village property after being evicted and told to stay away.

Carla L. Spikes, 20, of Hutchins Place, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, unlicensed operation and speeding. Spikes was stopped at 3:13 a.m., Saturday, by Deputy Howard Carlson.

Patrick Anthony Martone, 48, of Benedict Drive, Rochester, is charged with unlawful possession of marijuana. Martone was stopped by Deputy Brian Thompson at 10:45 p.m., Oct. 24, for allegedly running a red light on West Main Street, Batavia. Thompson reportedly could smell the odor of marijuana coming from the car.

John Richard Schumacher, 19, of Colonial Woods Drive, Alden, is charged with trespass. Schumacher was reportedly on College Village property after being banned from the property several months ago.

Gregory P. Drake, 20, of Phillips Road, Holley, is charged with DWI, driving with a BAC. 08, driving left of pavement markings in a no-passing zone, consumption of alcohol in vehicle and failure to dim headlights. Drake was stopped at 12:32 a.m., Sunday, on Route 237, Byron, by Deputy Jason Saile.

Ronald A. Bialy II, 20, of 337 Bank St., Apt. 37, Batavia, is charged with DWI and aggravated unlicensed operation of a vehicle. Bialy was stopped at 2:33 a.m., Sunday, by Officer Eric Bolles.

Paul E. Bishop, 44, of Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Bishop is accused of striking the 13-year-old child of an acquaintance.

A 16-year-old resident of Killian Road, Pembroke, is charged with trespass. The youth is accused of being on private property after being advised not to.

Marie Nicole Wenzel, 19, of Melville Street, Rochester, is charged with unlawful possession of marijuana. Wenzel was stopped by at 2:46 p.m., Sunday, on Route 33 in Stafford, by Deputy Brian Thompson for allegedly tinted windows and illegal license plate cover. Wenzel was reportedly found in possession of a marijuana pipe with marijuana in it.

High bail set for Harvester Avenue burglary suspect

By Howard B. Owens

A Batavia man with an apparently lengthy criminal record, who was arrested at least three times in the past few months, will need to come up with $50,000 if he wants to get out of jail while his newest felony charges are pending.

Michael J. Piasta, 30, of 415 E. Main St., Batavia, was arrested earlier this week on a charge of burglary, 3rd, and criminal possession of a forged instrument. He is accused of breaking into a business office on Harvester Avenue, stealing credit cards and checks, using the credit cards and attempting to cash the checks.

When arrested, he was arraigned in Batavia City Court, but because Piasta has two prior felony convictions, the lower court could set bail and the justice ordered him held without bail. His attorney, William Teford, requested a bail review hearing in Genesee County Court.

At the hearing, Teford argued that despite his client's lengthy criminal record, all of his immediate family lives in Batavia, he's never left Batavia and he has a job. Teford asked for bail of $5,000 to $10,000.

District Attorney Lawrence Friedman argued that Piasta has a history of violating probation and parole and, though neither of the prior felony convictions were for violent crimes, Piasta is facing possible "persistent felony offender status," which means a longer prison term.

In the pre-bail review report, Friedman noted that Piasta's employer, a local contractor, says he "doesn’t know if he’d have job if released due to trouble he’s been in recently."

Friedman asked that Piasta continued to be held without bail.

Previously:

Police Beat: Driver accused of fleeing scene of accident

By Howard B. Owens

Gary L. Bonk, 34, Gillette Road, Albion, is charged with aggravated unlicensed operation of a vehicle, 2nd, leaving the scene of a personal injury accident, speeding, driving left of pavement markings, and failure to yield to emergency vehicles. Bonk was reportedly seen speeding on Route 98 and passing a car in a no-passing zone on Route 98 at 3:01 a.m. When a patrol car attempted to stop Bonk's car, Bonk reportedly drove it into a ditch and then fled the scene. When Bonk allegedly drove the car into a ditch, his passenger was injured (though the passenger did not seek medical treatment). Bonk was reportedly found later walking on Route 98.

A 17-year-old from Albion was charged with making a punishable false written statement. The youth is accused of signing a false statement regarding an incident involving Gary L. Bonk.

Bryan D. Wright, 50, of Telephone Road, Pavilion, is charged with harassment. Wright was allegedly involved in an incident at 4:25 p.m., Oct.12, at a location on St. Mary's Street, Pavilion. He is accused of grabbing and choking another man during an argument.

Brett Blair, 26, of Batavia, is charged with three counts of criminal possession of stolen property, 4th, and three counts of forgery, 2nd. Blair was arrested by State Police on Wednesday in regards to an alleged incident Aug. 10 in Greece. It appears to involve credit cards and tokens. No further details were released.

Elmira woman convicted of manslaughter in death of Batavia toddler

By Howard B. Owens

An Elmira stepmother was found guilty of manslaughter today in the death of a 21-month-old toddler from Batavia.

Melissa Engelhardt, 24, was convicted in a non-jury trial. Chemung County Judge Peter C. Buckley found Engelhardt not guilty of second-degree murder.

Andrew Cianfrini, of Batavia, died Nov. 10, while in the care of Engelhardt.

An autopsy found methanol in the child's body. Methanol lowers the temperature of water to prevent it from freezing. It can be fatal if ingested. Methanol was also found in the toddler's sippy cup.

(Read the full story from the D&C).

Arsonist blames conviction on police and perjury before getting 20-year sentence

By Howard B. Owens

An arsonist who tried to kill his ex-girlfriend's father will spend 20 years in prison, Judge Robert C. Noonan ruled today.

The sentencing of Andre L. Scott came near the close of a bizarre hearing in which Scott let it be known that he thought a juror in his trial behaved improperly, that his constitutional rights were violated in a previous conviction out of Monroe County, and that his ex-girlfriend perjured herself under pressure from Batavia Police detectives.

He also accused the detectives of tampering with evidence.

"Everybody in this courtroom knows what happened," Scott said. "They took my DNA and put it on there, on the evidence."

Since Scott's conviction on Aug. 31 following a jury trial, the 31-year-old former Rochester resident fired his trial attorney, Thomas Burns, and was assigned local defense attorney Fred Rarick.

Today, Scott let it be known that he plans to appeal his conviction.

A jury found that Scott attempted to kill his ex-girlfriend's father by pouring gasoline on the stairs of the man's Batavia residence at 12 Elm St. and setting it afire in February 2009. 

He was convicted of attempted murder, arson and burglary.

"The defendant started a fire in the stairwell where, if he had been successful, it could have resulted in the death of four people in that residence," District Attorney Lawrence Friedman said. "Only through the prompt response of the fire department did it become a situation where nobody was harmed.

"His continued attitude, and what he said to probation during the presentence investigation, communicates loud and clear that, unless I've missed something, I see no mitigating factors to suggest this defendant should get any less than the maximum, 25 years."

Given a chance to speak in his own defense, Scott immediately launched into a rambling complaint about wanting to file a 330 motion (a motion contesting his conviction), but the jail didn't send it over in a timely manner, the court didn't get it, and something about a juror who is related to somebody who works in corrections.

Noonan tried to get Scott back on track, at which point Scott started to complain about evidence being tampered with and asking that the evidence in his case be taken out of Batavia Police custody.

Noonan cut him off.

"One thing I've noticed about you, Mr. Scott, from the very first time you came before me, is that you focus on entirely different matters than what everybody else is focused on," Noonan said. "You make allegations that have no basis in fact and bring up issues not being discussed, and anyone -- including your own counsel -- who tries to  get you to focus (is ignored).

"When I give you every opportunity to tell me what sentence should be imposed, you go off on where evidence is stored and 'what everybody knows,' whatever that means."

After telling Scott that he "committed one of the most serious crimes in our law," Noonan pronounced sentence and then asked if the district attorney's office had any requests for orders of protection.

Friedman requested orders of protection for Scott's ex-girlfriend, her father and one of the witnesses in the case.

"Any objections?" Noonan asked in what is normally a very routine matter at criminal sentencing.

"No, your honor," said Rarick.

"Yes," said Scott loudly, going on to say that his ex-girlfriend had spoken with his mother after she testified and said that police had threatened her if she didn't lie on the witness stand.

After some consultation with his client, Rarick offered up Scott's objection.

Noonan ruled that, if in the circumstance that Scott winds up representing himself and needs to interview her, the order can be modified, otherwise he was issuing the order of protection.

A federal forgery charge filed against Batavia woman

By Howard B. Owens

A 55-year-old Batavia woman is accused of forging her boss's signature on company checks and depositing the funds in her personal bank account.

Deborah Dutton faces a federal charge of making and possessing forged checks. The maximum penalty is 10 years in prison or a $250,000 fine or both.

Dutton is accused of stealing in the neighborhood of $77,000 from her employer, A1 Sheet Metal Company.

The arrest is the result of an investigation by Special Agents of the U.S. Secret Service, under the direction of Special Agent-In-Charge Tracy Gast.

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