Skip to main content

crime

Law and Order: Pair of DWI arrests

By Billie Owens

Michael Anthony Flatley, 33, of Sage Avenue, Buffalo, is charged with: driving while intoxicated -- with a previous conviction within 10 years; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while having a BAC of .08 percent or more; and failure to keep right on a two-lane road. At 1:12 a.m. March 3, Flatley was arrested on the charges after a traffic stop on Alleghany Road in Alabama. He was arraigned in Alabama Town Court and released on his own recognizance. He is due in Genesee County Court on May 5. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy David Moore.

Jeffrey Richard Doherty, 45, of Timberpoint Road, East Islip, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; and improper signal. At 6:65 p.m. on March 3, Genesee County Sheriff's deputies conducted a traffic stop of a vehicle on Buffalo Street in Alexander and Doherty was subsequently arrested. He was issued an appearance ticket to be in Alexander Town Court on April 27. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Law and Order: Walnut Street man arrested after back-to-back domestic incidents on Valentine's Day

By Billie Owens

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Grand Jury: Duo accused of breaking into Kwik Fill in Le Roy

By Billie Owens

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

Grand Jury: Man accused of violating order of protection, strangulation and interfering with 9-1-1 call

By Billie Owens

Rajea S. Thomas is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on April 30 that Thomas, while at a residence on Thomas Avenue in the City of Batavia, violated an order of protection with the intent to harass, annoy, threaten or alarm a person protected by the order, by striking, shoving, kicking or otherwise subjecting the person to physical contact, or he threatened to do so. In count two, Rajea is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure to the neck or throat of the victim. In count three, the defendant is accused of attempted criminal mischief in the fourth degree, a Class B misdemeanor. It is alleged in count three that Rajea on that day prevented, or attempted to prevent, the victim from communicating a request for emergency assistance.

Bethany man allegedly found with cache of weapons, drugs

By Howard B. Owens
tundofeb242021_mug.jpg
     Timothy Tundo

Timothy M. Tundo, 57, of Linden Road, Bethany, was arrested Tuesday after an execution of a search warrant by the Local Drug Task Force that allegedly uncovered machine guns, LSD, and money.

The Sheriff's Office reports that besides the LSD, in an amount that suggests it was being sold, they also found marijuana.  

Weapons recovered include an AR-15 style pistol, declared a "ghost gun" (unmarked and unregistered), two fully automatic machine guns, and five assault-style weapons. They also recovered 10 high-capacity magazines, an ammo belt, and brass knuckles.

Tundo is charged with criminal possession of a controlled substance, 5th, two counts of criminal possession of a weapon, 2nd, 12 counts of criminal possession of a weapon, 3rd, criminal possession of an assault weapon, 3rd, criminal possession of a weapon, 4th, and criminal possession of marijuana, 2nd.

The suspect is being held in the Genesee County Jail in lieu of bail (unspecified).

The task force was assisted by uniformed deputies, State Police VGNET, State Police SORT, State Police CCERT, and the District Attorney's Office.

Law and Order: Batavia man facing felony drug charges arrested for bail jumping

By Billie Owens

Johnathan Falk, 22, of Batavia (no address provided) (inset photo right), was arrested Feb. 17 by Wyoming County Sheriff's deputies on two warrants stemming from previous arrests. In January 2020 he was arrested for petit larceny, a Class A misdemeanor, in the Town of Warsaw then released as the charge did not qualify for bail reform. He was arrested later that month for criminal possession of a controlled subject in the fifth degree, a Class D felony, and criminal sale of a controlled substance in the fourth degree, a Class C felony. Again he was released since the offenses did not qualify for bail. In June, Falk was arrested for two counts of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the second degree, both Class A-II felonies. He was released from custody again. The defendant was indicted on the felony charges in August; he never appeared in court and warrants were issued out of Wyoming County Court and Town of Warsaw Court. When he was arrested earlier this month, he was additionally charged with third-degree bail jumping, a Class A misdemeanor. Falk was arraigned in Warsaw Town Court and put in Wyoming County Jail in lieu of bail (unspecified). Falk is due back in Wyoming County Court at a later date. Genesee County Sheriff's Office assisted with locating and arresting Falk. The case was handled by Wyoming County Sheriff's Deputy Bradley McGinnis, assisted by Deputy Aaron Chase.

Steven Luigi Maltese, 51, of Clinton Street Road, Bergen, is charged with third-degree menacing and endangering the welfare of a child. At 4:05 p.m. on Feb. 19, deputies responded to the 4000 block of South Main Street in the Town of Batavia for a reported domestic incident. After an investigation, Maltese was arrested for allegedly threatening a female victim in the presence of a juvenile during a domestic dispute. He was arraigned in Genesee County Court and is due back there on April 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Benjamin J. Lathan, 20, and Brandon C. Lewis, 20, both of Bergen (no addresses provided) were arrested Feb. 21 by State Police out of the Amity Barracks and charged with petit larceny and trespass. Troopers investigating the January theft of three trail cameras from a property on Streeter Brook Road in the Town of Genesee allegedly determined both men were involved in the theft of the cameras. Both were arrested and released with appearance tickets for Genesee Town Court, where they are due to appear in March.

Will R. Thompson, 21, of Byron (no address provided), was arrested on Feb. 14 by a Wyoming County Sheriff's deputy and charged with having an uninspected motor vehicle and aggravated unlicensed operation of a motor vehicle in the third degree. At 3:22 p.m. that day Deputy Austin Harding was patrolling northbound on South Main Street in the Village of Perry, when he observed a gray pickup truck southbound with a 2020 inspection sticker on the front windshield. Harding conducted a traffic stop near Camp Road and a DMV data check found the inspection sticker expired Nov. 30 and that Thompson's license was suspended twice for failure to answer a summons in the Town of Hastings Court on Feb. 8. Thompson was proceseed roadside, then released with an appearance ticket to appear in Village of Perry Court at a later date.

Antonio Diego Dames, 45, of Farnsworth Avenue, Oakfield, is charged with criminal possession of a weapon marijuana in the fourth degree. At 2:29 p.m. on Feb. 22, Genesee County Sheriffs deputies responded to a residence on Farnsworth Avenue in the Village of Oakfield to assist the county Probatation Department. After an investigation, Dames was arrested for allegedly possessing more than two ounces of marijuana. He was issued an appearance ticket and is due in Oakfield Town Court on April 5. The case was handled by Deputy Erik Andre. CORRECTION: This item initially, and mistakenly, used the word "weapon" instead of "marijuana" in the criminal charge. The Batavian regrets the error.

Man accused of attempted murder could be first to go on trial locally in more than a year

By Howard B. Owens
sponauglemug2020.jpg
    Jacob Sponaugle

A Batavia resident accused of attempted murder could be the first defendant to face an in-person trial in Genesee County since the start of the pandemic a year ago.

Jacob Sponaugle, 22, being held in the Genesee County Jail, made a virtual appearance today while the attorneys in the case informed Judge Charles Zambito they had no oral arguments to make in motions they've filed in the case.

Zambito will read their motion papers -- standard pretrial motions -- and issue a ruling in a few weeks.

He scheduled an in-person appearance for Sponaugle at 9:30 a.m., April 12. The judge noted that it is likely -- since Sponaugle is being held in custody -- that of all the pending potential trial cases, his could be the first in County Court since the coronavirus outbreak.

April 12 will be the plea cut-off date for Sponaugle, though District Attorney Lawrence Friedman said after today's hearing that he has yet to make a plea offer in the case. He didn't indicate whether he would or not.

Sponaugle is accused of shooting a person entering the lobby of the Days Inn in Batavia in July.

He is also charged with: 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.

Video below, coverage of the July 22 incident.

Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

Man accused of rape in Batavia given prison term for violation of probation

By Howard B. Owens
gladneyjustinfeb202021mug.jpg
       Justin Gladney

A Batavia man is going to serve at least a year in prison for a violation of probation but his fate on rape charges remains pending.

While held in the Genesee County Jail, Justin T. Gladney, 30, appeared virtually in County Court today on his violation of probation conviction.

His appearance on his rape charges was continued until March 23, when all parties are expected to appear in person.

Nearly a year ago, Gladney admitted to a violation of probation and according to District Attorney Lawrence Friedman, he's subsequently been arrested on other charges. Those arrests, Friedman argued, meant Gladney had violated his sentencing cap offered to him for his guilty plea.

Instead of one to three years, Friedman said, he should get one and a third to four years.

Gladney was arrested locally in June 2020 and later in Monroe County.

His attorney, Marty Anderson, argued that Gladney is facing allegations from those arrests and hasn't been convicted. He asked for a one-year local sentence on the felony violation of probation conviction.

Gladney blamed his prior bad behavior on drug use and said he has been through treatment and is a changed man.

Judge Charles Zambito agreed with Friedman and sentenced Gladney to one and a third to four years in state prison.

Gladney is facing a criminal indictment on counts of first-degree rape, a Class B violent felony, third-degree rape, a Class D felony, and possession of a sexual performance by a child, a Class E felony.

A Class B violent felony carries a possible sentence of five to 25 years.

He is accused of a violent rape in early June on Lehigh Avenue, Batavia, of sexual intercourse while being older than 18 with a child 15 or less. 

Gladney remains in custody locally while his rape charges are pending.

Law and Order: Oakfield man accused of menacing and harassment

By Billie Owens

Jose Alfredo Cruz, 44, of South Pearl Street, Oakfield, is charged with second-degree menacing and second-degree harassment. At midnight on Feb. 20, Cruz was arrested after a domestic incident. It is alleged he menaced a person and made threats to harm himself. Cruz was arraigned virtually at Genesee County Jail on behalf of Town of Oakfield Court. He is due in GC court on April 5. The case was handled by Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Rodney Lee Harmon Jr., 44, of Church Street, Elba, is charged with criminal possession of a controlled substance in the seventh degree. Harmon was arrested at 12:30 p.m. on Feb. 19 after allegedly being found in possession of oxycodone hydrochloride when a probation officer visited his home. He was released with an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Tristan Michael Vaughn, 22, of Richley Road, Darien, is charged with: driving while intoxicated -- first offense; operating a motor vehicle while having a BAC of .08 percent or more -- first offense; unregistered motor vehicle; moving from lane unsafely. Vaughn was arrested at 6:27 p.m. Feb. 20 on Attica Road in Darien after his vehicle was located off the roadway. He was released with appearance tickets and is due in Darien Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Law and Order: Jailed Batavia man accused of punching another inmate in the face

By Billie Owens

Wayne Daniel Potter, 37, of Main Street, Batavia, is charged with second-degree assault. At 3:13 p.m. on Feb. 16, members of the Genesee County Sheriff's Office conducted an investigation into an assault on an inmate that occurred in the Genesee County Jail in the City of Batavia. It is alleged that Potter punched another inmate in the face, causing physical injury, while incarcerated at the jail. Potter was arraigned in city court and is due back there on Feb. 25. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Norman E. Bastedo, 46, of Batavia (no address provided), was arrested at 10:45 p.m. Feb. 18 by Troopers out of NYSP Warsaw Barracks. He is charged with driving while intoxicated, aggravated DWI, and moving from lane unsafely. Bastedo was located on East Bethany Road in the Town of Middlebury after he drove off the roadway into a snow embankment. After allegedly failing multiple field sobriety tests, he was arrrested and taken to the Warsaw Barracks for processing. His BAC was allegedly .21 percent. He was issued traffic tickets and is due in Town of Middlebury Court next month.

Justine Danae Wood, 34, of Washington Avenue, Batavia, is charged with petit larceny. On Feb. 15 at 9:52 p.m. Genesee County Sheriff's deputies responded to Walmart in Batavia for a larceny complaint. Following an investigation, Wood was arrested. It is alleged that the defendant stole $130.13 worth of merchandise from the store, passing all points of purchase. Wood is due in Town of Batavia Court on April 15. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Law and Order: Woman of accused of brandishing knife at officer, man accused of forcibly touching a person

By Billie Owens

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with: petit larceny; menacing a police officer; and criminal possession of a weapon in the fourth degree. Lyons was arrested on Feb. 5 following an investigation of a larceny that occurred at 5:37 p.m. that day at the Kwik Fill on Jackson Street in the city. When confronted by law enforcement, Lyons allegedly brandished a knife toward a police officer. She was arrainged in city court and was due there on Feb. 10. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Mitchell Cowen.

Lucas H. Benjamin, 69, of Bank Street, Batavia, is charged with forcible touching. He was arrested at about 2:20 p.m. on Jan. 28 after allegedly inappropriately touching an employee at a business on Bank Street in the city. He was issued an appearance ticket to be in Batavia City Court on March 9. The case was handled by Batavia Police Officer Miah Stevens.

Jason L. Jones, 49, of 76 Road, Brooktondale, is charged with: trespass; first-degree reckless endangerment; second-degree assault; and operating a vehicle with suspended registration. On Feb. 8, Jones was located on Jefferson Avenue in the City of Batavia and taken into custody without incident on an arrest warrant out of city colurt. The warrant stems from an incident on Dewey Avenue in Batavia that occurred at 5:25 a.m. Dec. 16. It is alleged that Jones struck a female with his vehicle during a domestic incident, causing injury to the victim. Jones was arraigned and put in jail on $2,000 cash bail or $4,000 bond or $8,000 partially secured bond. Jones is due in city court March 11. The case was handled by Batavia Police Officer Felicia DeGroot.

Alexander L. Baldwin, 32, of East Main Street, Batavia, is charged with third-degree grand larceny. He was arrested Feb. 8 after a fraud complaint on North Street in the city alleging that he was paid money for a construction job he never began. He was arraigned in Batavia City Court, released under supervision of Genesee Justice and is due back in court April 15. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

James Erick James, 41, of West Creek Drive, Webster, is charged with endangering the welfare of a child and second-degree harassment. He was arrested Feb. 12 on a warrant out of Town of Bergen Court and transported to Genesee County Court for virtual arraignment. His case stems from an incident (unspecified) that occurred at 4:43 p.m. on Dec. 14 on Route 33 in Bergen. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Daniel Myles Macleod, 33, of East Main Street, Corfu, is charged with: aggravated driving while intoxicated; aggravated unlicensed operation in the first degree; driving while intoxicated -- with a previous offense; circumventing a required ignition interlock device; refusal to take a breath test; speed not reasonable and prudent; and operating an unregistered motorcycle. Macleod was arrested Feb. 13 at 4:22 p.m. after an investigation of a  motor-vehicle accident that occurred at 5:45 p.m. Nov. 27 on Alleghany Road in Darien. Macleod was issued traffic tickets and is due in Town of Darien Court on April 6. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien.

Patrick Thomas Fuhr, 61, of Union Street, Cheektowaga, is charged with: reckless driving; obstructing governmental administration in the second degree; failure to signal, operating an unregistered motor vehicle on a public highway; and aggravated unlicensed operation in the second degree. At 4 p.m. on Jan. 29, Genesee County Sheriff's deputies attempted to contact Fuhr on Buffalo Road in Bergen, and he allegedly tried to flee the scene once they made contact. He is due in Bergen Town Court on March 3. The case was handled by Deputy Ryan Young.

Brandon C. Smart, 43, of Highland Park, Batavia, is charged with: harassment in the second degree; criminal trespass in the second degree; and criminal mischief in the fourth degree. Smart was arrested after a domestic incident on Liberty Street that occurred at 11:15 a.m. on Feb. 8. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court on March 25. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Connor Borchert.

Shaun Marquise Dukes, 39, of Elba Street, Rochester, is charged with: aggravated unlicensed operator of a motor vehicle in the first degree; unregistered motor vehicle; and uninspected motor vehicle. On Feb. 12 Dukes was arrested at 8:43 a.m. on Route 33 in Stafford after a traffic stop. It is alleged that Dukes was operating a motor vehicle and had a revoked non-driver indentification card with 27 suspensions/revocations. Dukes was released with appearance tickets and is due in Stafford Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Randy L. Ridd, 63, of Williams Street, Batavia, is charged with petit larceny. He was arrested after an investigation of an incident that occurred at a business on East Main Street in Batavia at 11:28 a.m. on Feb. 7. It is alleged Ridd took laundry detergent pods from a store without paying for them. He was issued an appearance ticket to be in Batavia City Court on April 27. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 3:11 p.m. on Jan. 29 at the Kwik Fill on Jackson Street in the city. She was released with an appearance ticket to be in city court April 13. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Cameron Jacob Sokolowski, 28, of River Street, Batavia, is charged with petit larceny. He was arrested Feb. 5 after a shoplifting complaint at a store on Veterans Memorial Drive in Batavia at 10:58 a.m. It is alleged he stole items from the store. He was taken to jail then released on an appearance ticket to be in Batavia Town Court on March 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.

Grand Jury: Adult male accused of rape and sex abuse of minor in 2014

By Billie Owens

Nicholas B. Turnquist is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Aug. 23, 2014, that Turnquist, being 21 year old or more at that time, engaged in sexual intercourse with another person less that 17 years old in the Town of Darien. In count two, he is accused of first-degree sexual abuse, a Class D violent felony. It is alleged in count two that on that day he subjected a person to sexual contact by forcible compulsion.

Dean M. Nohle is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 13 in the City of Batavia that Nohle knowingly possessed stolen property with a value exceeding $100 -- a 2014 Chevrolet. In count two, Nohle is accused of third-degree criminal possession of stolen property, a Class D felony. It is alleged in count two that he knowingly possessed stolen property with a value exceeding $3,000 -- the Chevrolet. In count three, he is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for operating the Chevrolet on Clinton Street while his license to do so was suspended by the NY Commissioner of the DMV.

Andrew L. Kosiorek is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on June 22, 2019, in the Town of Le Roy, Kosiorek stole property valued at more than $100 -- a 2018 Nissan Rogue. In count two, he is accused for criminal possession of stolen property in the fifth degree, a Class A misdemeanor. It is alleged in count two that the defendant knowingly possessed stolen property -- a Rigid 5-gallon ash vacuum.

Law and Order: Le Roy man accused of driving in Wyoming County while impaired by drugs

By Billie Owens

Michael J. Stack Jr., 44, of Le Roy (no address provided) was arrested by NYS troopers out of Warsaw Feb. 7 for driving while ability impaired by drugs. It is alleged that Stack exhibited signs of impairment during a traffic stop on Route 246 in Town of Perry. According to their police report, Stack failed standardized field sobriety tests. He was transported to SP Warsaw barracks where he was evaluated by a Drug Recognition Expert (DRE) from the Warsaw Police Department. Stack was released with appearance tickets for the Town of Perry court, where he is due at a later date.

A male who lives on Garfield Street in Holland and a female who lives on Cherry Tree Lane in Alden, both age 18, were arrested Feb. 16 in connection with an incident that occurred at Six Flags Darien Lake at 1 a.m. on Dec. 12. Their names are not disclosed because they may qualify for youthful offender status (at the time of the incident). It is alleged they climbed over multiple fences and trespassed in restricted areas of the Six Flags property. They were released with appearance tickets to be in Town of Darien Court at a date to be determined.

Law and order: Pair of arrests for grand larceny in welfare fraud cases

By Billie Owens

Corrine Elizabeth Navarra, 39, of Mill Street, Le Roy, is charged with third-degree grand larceny and third-degree welfare fraud. Navarra was arrested after an investigation by Department of Social Services Investigator Robert Riggi. It is alleged that starting on Jan. 17, 2020 she failed to report income while receiving Supplemental Nutrition Assistance Program (SNAP) benefits, which would have lowered her benefit. It is alleged that Navarra received $3,840 in benefits that she was not eligible for. She was arraigned in Genesee County Court on Feb. 10 and released on her own recognizance. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Jason William Doohan, 37, of Jerome Place, Batavia, is charged with fourth-degree grand larceny and offering a false instrument for filing in the first degree. Doohan was arrested after an investigation by Department of Social Services Investigator Robert Riggi. It is alleged that on March 1 of last year Doohan failed to report income he earned scrapping metal, which resulted in Doohan receiving $1,464 in public assistance benefits that he was not entitled to. The defendant is due in Batavia Town Court on March 1. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

City police: unemployment fraud should be reported directly to NYS Department of Labor

By Press Release

From the City of Batavia Police Department:

Reporting Unemployment Fraud

The Batavia Police Department has received many calls regarding unknown persons fraudulently filing for unemployment benefits in the name of citizens.

These cases are investigated directly by NYS Department of Labor – Office of Special Investigations and not by local law enforcement.

Citizens who are victims of this type are fraud are asked to contact the NYS Department of Labor at 1-888-598-2077 or online here.

Law and Order: Man accused of reckless driving and more after police pursuit

By Billie Owens

Patrick Thomas Fuhr, 61, of Union Road, Cheektowaga, is charged with: unlawfully fleeing a police officer in a motor vehicle in the third degree; reckless driving; aggravated unlicensed operation in the second degree; failure to stop at a stop sign; and a red light violation. He was arrested on Feb. 4 after a police pursuit that occurred at 9:15 p.m. Jan. 29 in the City of Batavia and towns of Batavia and Pembroke. It is alleged that he fled in his vehicle from Genesee County and Livingston County deputies. Fuhr is due in City of Batavia Court on March 10 and Town of Batavia Court March 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

Christopher John Raymond Diers, 38, is charged with third-degree burglary and petit larceny. He was arrested at 3:46 p.m. Jan. 5 for allegedly stealing property from Walmart then running from store security personnel when he approached the exit. He was put in Genesee County Jail until his arraignment at 6:15 p.m. in Genesee County Court. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Christopher P. Thomas, 38, of State Street, Batavia, is charged with dog running at large. He was arrested at 10:25 a.m. Jan. 29 on the Batavia Municipal Code violation for allegedly allowing his pet German shepard to run at large on a neighbor's lawn. He is due in Batavia City Court on March 30. The case was handled by Batavia Police Officer Connor Borchert.

Zachary John Wayne Marrow, 29, of Manhatten Avenue, Batavia, is charged with failing to appear in Batavia City Court after being given an appearance ticket. He was originally arrested at 12:30 a.m. Nov. 16 at on East Main Street and charged with aggravated driving while intoxicated. He was arrested on the city court warrant for failure to appear at 9:10 p.m. Feb. 2. Marrow is due back in court March 18. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Christopher Lindsay.

Office for the Aging warns seniors of Medicare phone scams locally

By Press Release

Press release from the Genesee County Office of the Aging:

Callers claiming to be from Medicare have been targeting seniors in our local area.

Please be aware:

  • Medicare will NEVER call and ask for your Medicare number.
  • If you get a call from someone promising free items, if you give them your Medicare number (can include back brace, glucose monitor, pain relievers for arthritis) -- DO NOT DO IT. This is a scam, even if they tell you it is not.
  • Refuse any offer, money, or gifts for free medical care.
  • If you see any charges on your Explanation of Benefits from Medicare, or from your Medicare Advantage provider that you do not understand, call the office from where it was billed to question the charge.
  • Most importantly – guard your card like it is a credit card. If you did not initiate the call, do not give out any information.

If you feel you may have been a victim of Medicare fraud, please call the NYS Senior Medicare Patrol at 1-800-333-4374.

Law and Order: Batavia man accused of lobbing lit bottle of flammable liquid on Osterhout Avenue

By Billie Owens

Charles J. Rodriguez Sr., 44, of West Main Street, Batavia, is charged with first-degree arson. His arrest on Feb. 2 stemmed from an incident at 6:25 p.m. Nov. 26 on Osterhout Avenue in the City of Batavia. It is alleged that Rodriguez lit a bottle of flammable liquid and threw it at the front window of a residence on that street, breaking the window. The bottle did not go into the residence but it did cause a fire. An uninvolved person was inside the residence at the time and Rodriguez allegedly knew the person was in there. There was minor damage to the residence but no one was injured. The defendant was arraigned virtually in Batavia City Court and is due there on Feb. 25. The case was investigated by Batavia Police Det. Eric Hill.

Phllip Mitchell Gambino, 25, of School Street, Batavia is charged with second-degree menacing. He was arrested on Jan. 27 after an investigation of a disturbance call at Walmart at 2:58 p.m. on Jan. 20. It is alleged he menaced another person with a knife during a verbal altercation in the store's parking lot. Gambino was issued an appearance ticket and is scheduled to be in Batavia Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kevin Forsyth.

Patrick John Frawley, 58, of Breck Street, Rochester, is charged with second-degree criminal contempt. At 10:07 p.m. on Jan. 30, Frawley was arrested at the Quality Inn & Suites on Park Road in Batavia for allegedly violating a stay away order of protection. He "was held at the Genesee County Jail for arraignment," which is set for Feb. 22. Bail, if any, was not specified. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Mathew Clor.

Cecilio Alonzo-Martinez, 33, of Burke Hill Road, Perry, is charged with operating a motor vehicle while having a BAC of .08 percent or higher, and driving while intoxicated. At 2:28 a.m. on Jan. 31, Alonzo-Martinez was arrested after an investigation of a vehicle stopped in the roadway on Route 19 in the Town of Bergen. He was released on an appearance ticket and was due in Bergen Town Court this afternoon (Feb. 3). The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Adrian Ramone Taylor, 42, of Upper Falls Boulevard, Rochester, is charged with third-degree criminal trespass. At 4:51 p.m. on Jan. 28, Genesee County Sheriff's deputies responded to Walmart following a trespassing complaint. Following an investigation, Taylor was arrested after leaving the scene. It is alleged Taylor entered Walmart after its corporate office banned him from entering all store locations because of a previous incident involving him (unspecified). He was issued an appearance ticket and is due in Batavia Town Court on Feb. 25. The case was handled by Deputy Erik Andre, assisted by Deputy Kenneth Quackenbush.

Funeral director appears ready to accept plea deal in fraud case

By Howard B. Owens

Michael S. Tomaszewski, the funeral home director accused of stealing money from customers, is apparently set to accept a plea offer from the District Attorney's Office but COVID-related delays in town courts are holding up the process.

Tomaszewski made a virtual appearance in Genesee County Court yesterday.

He faces one SCI (Superior Court Information, like an indictment but without a grand jury hearing, which Tomaszewski waived) with more than 200 criminal counts and there is another SCI coming but he has not been arraigned on those counts because courts in the towns of Batavia and Oakfield have been closed due to the coronavirus pandemic. 

Judge Charles Zambito indicated that he could possibly arraign Tomaszewski on those counts under specific circumstances, but said he would need to check with the court supervisor to ensure those circumstances are met in this case. Zambito said these are uncharted waters and the rules are changing a lot. 

Tomaszewski is accused of taking money people used to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

Attorney Thomas Burns, representing Tomaszewski, said his client intends to accept the plea offer. Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The case is adjourned until 1:30 p.m., March 8, and will resume virtually.

Alecia Kaus/Video News Service contributed to this story.

Law and Order: Avon man accused of stealing $10K from Batavia employer

By Billie Owens

Stephen Hegel, 60, of High Street, Avon, (inset photo left) is charged with third-degree grand larceny and fourth-degree grand larceny. He was arrested and arraigned in Batavia City Court Jan. 19. It is alleged that he stole more than $10,000 in cash in three different incidents from his employer at the time, Turnbull Heating & Air Conditioning. He was put in Genesee County Jail (bail, if any, unspecified) and is due back in Batavia City Court on Feb. 23. The case was investigated by Batavia Police Officer Jason Ivison.

Maurice G. Leach, 44, of West Main Street, Batavia, (inset photo right) is charged with: burglary -- of a dwelling, causing injury; criminal mischief -- intentionally damaging property; third-degree criminal mischief -- damage to another person's property with a value greater than $250; second-degree harassment -- with physical contact; third-degree assault -- intentionally causing physical injury. Batavia police responded to a dwelling on West Main Street in the city at 3:25 a.m. Jan. 16 where it was reported that Leach punched and broke a window screen, entered the dwelling without permission, and allegedly assaulted a victim. After an investigation, he was arrested and it is alleged that he resisted the arrest. He was arraigned virutally in Batavia City Court and put in jail without bail. He is due back in court Feb. 18. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Kristen E. Sekuterski, 34, of Orleans Avenue, Batavia, (inset photo left) is charged with criminal possession of a controlled substance (unspecified) with intent to sell. She was arrested by Batavia police after an investigation with assistance from the Department of Homeland Security, NYS Police, and the Genesee County Sheriff's Office. Sekuterski was arraigned virtually in Batavia City Court and released on her own recognizance. She is due to return to city court on March 9. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Thomas James Leonard, 37, of Harvester Avenue, Batavia, is charged with criminal possession of a narcotic drug with intent to sell and criminal sale of a narcotic drug (unspecified). On Jan. 20, Leonard was arrested on a warrant. Due to bail reform, he was released under supervision of Genesee Justice and is due in Batavia City Court on March 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Alphonso R. Daniels III, 27, of Oneida Street, Rochester, is charged with: owning / harboring an unlicensed dog; having dangerous dogs -- bite causing serious physical injury; and dog running at large. Daniels was arrested on Jan. 17 after a traffic stop was conducted for an alleged traffic violation on Oak Street. He was found to have an arrest warrant out of Batavia Police Department stemming from at incident in the 500 block of East Main Street in Batavia at 9:39 p.m. Feb. 13. He was released with an appearance ticket for Batavia City Court and is due there Feb. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Michael John Tobias, 30, of Maple Road, Alabama, is charged with driving while intoxicated with a BAC of .08 percent, DWI, and moving from lane unsafely. He was arrested after an investigation of a motor-vehicle accident that occurred at 11:42 p.m. Jan. 23 on Judge Road in Alabama. He was released on appearance tickets and is due in Alabama Town Court Feb. 23. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Nicholas Chamoun.

Daniel John Wolfe, 47, of Bank Street, Batavia, is charged with second-degree burglary and and two counts of second-degree criminal contempt. At 11:37 p.m. on Jan. 19, Wolfe was arrested on the charges. They stem from an incident Nov. 13 on Bank Street in Batavia. He is accused of violating an order of protection by entering the dwelling of a protected person at 4:25 p.m. that day. Wolfe was processed then taken to jail and arraigned in Batavia City Court and ordered held without bail. He is due back in city court on March 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Arick Perkins.

Michael A. Sweet, 34, of Bumbacker Road, Gainsville, is charged with unauthorized use of a motor vehicle. It is alleged that he took a vehicle and drove it without the owner's consent at 3 p.m. Jan. 5 on Walnut Street in Batavia and then failed to return it. He was taken to Batavia Police Department for processing and then released on an appearance ticket returnable to Batavia City Court on April 6. The case was handled by Batavia Police Officer Peter Flanagan.

Tevin A. Lise, 30, of North Park Street, Clyde, and Maurice D. Bishop, no age or address provided, are charged with unlawful possession or marijuana in the second degree. Additionally, Lise is charged with aggravated unlicensed operation in the second degree. They were arrested at 7:44 p.m. Jan. 12 on Ross Street in Batavia after a traffic stop. They were issued appearance tickets and are due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Janell M. Sauer, 45, of Gorski Street, Buffalo, is charged with petit larceny. She was arrested following an incident at 1:32 p.m. Jan. 16 on West Main Street in Batavia. It is alleged she shoplifted from a business. She was issued an appearance ticket and is due in Batavia City Court on April 13. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Joshua Girvin.

Jason A. Mcfollins, 43, of North Spruce Street, Batavia, was arrested on a bench warrant issued for failure to appear in court on June 25 (reason unspecified) after turning himself in at Batavia Police Headquarters. He was issued an appearance ticket and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Authentically Local