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Thursday, March 19, 2015 at 11:30 am

Law and Order: Man accused of stealing medication from co-worker

post by Howard B. Owens in batavia, crime, pembroke

Joshua Allen Grosskopf, 24, of Porter Road, Medina, is charged with petit larceny. Grosskopf allegedly stole medication from a coworker at a business in Pembroke.

Robert L. Williams Jr., 24, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear. Williams was turned over to Batavia PD by State Police. Williams posted bail.

James A. Hancock, 45, of Porter Avenue, Batavia, is charged with aggravated criminal contempt, 1st. Hancock is accused of violating a stay-away order of protection. He was jailed on $10,000 bail.

Charles GT Williams, 36, of Robinson Road, Lockport, was arrested on a warrant for alleged failure to appear on a charge of aggravated unlicensed operation. Williams posted $500 bail and was released.

Cristal Lee Miranda, 23, of Myrtle Street, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Miranda turned herself in and posted $200 police bail.

Dustin T. Holman, 27, of Edgewood Drive, Batavia, is charged with harassment, 2nd. Holman allegedly stuck another person while at a location on Lewiston Road, Batavia.

Tuesday, March 17, 2015 at 3:42 pm

Law and Order: Driver allegedly found with narcotics with intent to sell

post by Howard B. Owens in batavia, corfu, crime, pembroke

Marquis K. Saddler, 24, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, driving without an interlock device, criminal possession of a narcotic drug, criminal possession of a narcotic drug with intent to sell and unlawful possession of marijuana. Saddler was arrested in the driveway of a residence on State Street following a complaint of alleged traffic offenses. Saddler was jailed without bail.

Harry R. Silliman, 51, of Batavia, is charged with criminal contempt, 2nd. Silliman allegedly violated an order of protection by contacting a family member he was ordered not to contact. Silliman allegedly made contact at the Corfu PD office. He was jailed on $250 bail or $1,000 bond.

Patti Ann Strange, 44, of Sumner Road, Darien, is charged with disorderly conduct. Strange allegedly became verbally and physically offensive while with Pembroke Intermediate School administrators. Strange was reportedly asked to leave the property and allegedly became verbally offensive and was physically removed from the property by a Corfu PD officer and a Sheriff's deputy. 

John James Hassler Jr., 34, of Ontario Center Road, Ontario, Canada, is charged with possession/transport of more than 400 untaxed cigarettes, aggravated unlicensed operation, speeding, driving without an interlock device, unlicensed operator. Hassler was stopped at 10:50 a.m., Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear. He was jailed on $100,000 bail.

Minerva Garcia, 35, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a parking ticket. Garcia posted cash bail and was released.

Monday, March 16, 2015 at 12:05 pm

Law and Order: Byron man accused of stealing jewelry from homes

post by Howard B. Owens in batavia, byron, crime, Le Roy

Justin L. Sanders, 23, of Byron-Holley Road, Byron, is charged with two counts of burglary, 2nd, and one count of grand larceny, 3rd. Larcenies were reported from a residence on Route 237, Byron, in late November through December and two burglaries occurred at a residence on Townline Road, Byron, on Jan. 13 and Jan. 20. Sanders is accused of stealing numerous items of jewelry from the homeowner where he was living. He allegedly stole more than $3,000 worth of jewelry. He allegedly stole coins, jewelry and electronics from the Townline Road residence. Sanders was previously arrested by State Police on similar charges and is being held in the Genesee County Jail. The case was investigated by Deputy John Duyssen and Deputy Joseph Graff and Investigator Kris Kautz.

Alexander L. Waide, 20, of Batavia, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and speeding. Waide was stopped by State Police on Route 98, Village of Attica. A field sobriety test was conducted. He was transported to the Warsaw barracks and evaluated by a certified Drug Recognition Expert from the Wyoming County Sheriff's Office. A urine sample was collected and sent to the crime lab for further analysis. He was released on an appearance ticket.

Gregory Richard Fitch, 33, of Woodstock Gardens, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 2nd, charge. Fitch turned himself in and posted $100 police bail.

Lewis C. Rhodes, 36, of Summit Street, Batavia, is charged with coercion, 1st, and menacing, 2nd. Rhodes was allegedly involved in a domestic dispute at 3:12 p.m., Sunday. The victim alleges that she was threatened by Rhodes with a handgun. Rhodes was ordered held without bail.

A 17-year-old resident of South Swan Street, Batavia, is charged with harassment, 2nd. The youth, whose name was withheld by police, allegedly threatened another person several times over a period of two months.

Adam Daniel Smart, 32, of Washington Avenue, Batavia, is charged with two counts of criminal contempt, 2nd. Smart allegedly violated a complete stay away order of protection.

Tyquawn D. Bethel, 24, of East Main Street, Batavia, is charged with burglary, 2nd. Bethel was arrested in relation to an alleged incident reported Feb. 11. No further details released.

James A. Hancock, 45, of Dellinger Avenue, Batavia, is charged with harassment, 2nd. Hancock allegedly pushed and shoved another person during an argument. Hancock was jailed on $1,000 bail.

Ralph A. Golding III, 50, of Buell Street, Akron, is charged with petit larceny, public lewdness and escape, 3rd. Golding allegedly stole $5 in quarters from machines at Dollar General. Golding allegedly engaged in a lewd act while in custody at Batavia PD. He also allegedly tried to escape by defeating the lock mechanism on the holding room door. He was jailed on $2,500 bail or $5,000 bond.

Justine D. McWethy, 28, of Fairway Drive, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. McWethy was allegedly found in possession of heroin and glassine baggies.

Thomas E. Hansel, 31, of Oak Street, Batavia, was arrested on a bench warrant for alleged failure to appear on a possession of burglary tools charge. Hansel was located at Days Inn and taken into custody. He was jailed on $500 bail.

Tonya D. Smith, 29, of Oak Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of operating while registration suspended or revoked. Smith was located at the Days Inn and taken into custody. Smith was jailed on $100 bail.

Joseph Michael Dispenza Jr., 21, of East Main Street, Batavia, was arrested on a warrant stemming from a DWI charge. Dispenza allegedly violated terms and conditions of City Court's DWI Treatment Court. Dispenza allegedly turned up at intermittent incarceration while under the influence of alcohol. He was jailed on $100,000 bail.

Michael J. Robbins, 55, of Lake Street, Le Roy, is charged with criminal possession of a forged instrument, 2nd. Robbins allegedly cashed a forged personal check at the drive-up window of the Five Start Bank on East Main Street, Batavia.

Michael Joseph Myers Jr., 56, of Roosevelt Highway, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and moved from lane unsafely. Myers was stopped at 12:11 a.m., Saturday, on Route 237, Stafford, by Deputy Joseph Corona.

Tanyana Reedidizie Bell, 23, of Ross Street, Batavia, is charged with criminal mischief, 4th. Bell allegedly damaged property belonging to Pandora's Boxxx.

Kevin Lloyd Kenyon, 60, of Golden Pond Estates, Akron, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlights. Kenyon was stopped at 8:27 p.m. Friday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Henry Leon Polanowski, 35, of North Pearl Street, Oakfield, is charged with unauthorized use of a vehicle. Polanowski allegedly drove another person's vehicle without permission. He was jailed on $1,000 bail.

Andrea Nichole Kirch, 26, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding. Kirch was stopped at 2:01 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. A 16-year-old resident of Pratt Road, Batavia, was also charged with unlawful possession of marijuana. 

Joseph Hur Bianchi, 33, of Northgate Manor Avenue, Rochester, is charged with unlawful possession of marijuana and inadequate stop lamps. Bianchi was stopped at 12:05 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jenna L. Brodzinski, 31, of Rochester, is charged with petit larceny and criminal possession of a controlled substance. Brodzinski was arrested by State Police for allegedly shoplifting from Target. No further details released.

Norman M. Bialuski, 45, of Brockport, is charged with DWI and driving with a BAC of .08 or greater. Bialuski was stopped at 2:32 a.m. Sunday at East Main and Clinton streets, Batavia, by State Police.

Saturday, March 14, 2015 at 3:46 pm

Grand Jury: Man indicted for possessing and promoting child sexual performances in Le Roy

post by Billie Owens in crime, pembroke

Kyle B. Sovocool is indicted on 13 counts of the crime of possessing a sexual performance by a child, a Class E felony. On Feb. 13, 2014, in the Town of Le Roy, Sovocool allegedly knowingly had in his possession or control, or knowingly accessed with intent to view, performances which included sexual conduct by a child less than 16 years of age. In addition, Sovocool is indicted on 13 counts of promoting a sexual performance by a child, also a Class E felony, by allegedly producing, directing or promoting performances which included sexual conduct by a child less than 17 years of age. In count 27, he is accused of criminal possession of a weapon, 4th, a Class A misdemeanor, for allegedly knowingly possessing an electronic dart gun, contrary to Penal Law Section 265.01.

Timothy M. Ryan is accused of second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling in the Town of Pembroke on Sept. 12 with the intent to commit a crime.

Shannon A. Caton is indicted for the crime of driving while intoxicated, as a Class E felony. On Nov. 19, she allegedly drove a 2014 Ford Escape on Main Street, Batavia, while intoxicated. In count two, she is accused of the crime of attempted escape in the second degree, a Class A misdemeanor, for allegedly attempting to escape from custody at Batavia PD headquarters following her arrest on the DWI charge. In addition, the District Attorney has filed Special Information on the indictment accusing Caton of having been previously convicted of felony DWI on March 1, 2005 in Monroe County -- thus within 10 years of the crimes now alleged.

Pierre A. McCullen and Christopher A. McCullen are indicted on five counts of fourth-degree grand larceny, a Class E felony, for allegedly stealing credit or debit cards and gifts cards from a person in the Town of Pembroke on Jan. 25.

James T. Saddler III is accused of offering a false instrument for filing in the first degree, a Class E felony. He allegedly knew that a Consent to Search Waiver contained a false statement or false information, and with the intent to defraud the State or public, offered or presented it to officials with the knowledge or belief that it would become public record.

The Genesee County Grand Jury returned No Bill on five counts of fourth-degree grand larceny against Craig A. Elston. The jurors issued the negative finding after considering evidence related to incidents which allegedly occurred on Jan. 25 in the Town of Pembroke.

Friday, March 13, 2015 at 5:20 pm

Stafford man accused of dealing drugs in Batavia

post by Howard B. Owens in batavia, crime, Stafford
Joseph Wind

After observing what agents believed was a drug deal in a commercial parking lot off Main Street in Batavia, members of the Local Drug Enforcement Task Force and officers with Batavia PD conducted a traffic stop on the vehicle and made an arrest.

Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, is charged with two counts of criminal sale of a controlled substance, 3rd, two counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd.

Wind was allegedly found in possession of heroin.

Also arrested was Catherine A. Norton, 32, of Ellicott Street, Batavia, who was charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Wind is also facing alleged traffic violations. 

He was jailed without bail.

Friday, March 13, 2015 at 5:08 pm

Law and Order: Syracuse man accused of transporting more than 10K untaxed cigarettes

post by Howard B. Owens in crime, pembroke

Andrew John Schaff, 50, of East Genesee Street, Syracuse, is charged with criminal tax fraud (a Class E felony), possession and transport of more than 10,000 untaxed cigarettes (felony), failure to keep right and moving from lane unsafely. Schaff was stopped at 1:38 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. Schaff was allegedly found in possession of more than 10,000 untaxed cigarettes. Also charged with possession or transport or offer for sale unstamped cigarettes was Jason Christopher Landers, 36, of Lillian Avenue, Syracuse.

John Anthony Tambe Jr., 36, of Burrows Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and aggravated unlicensed operation, 3rd. Tambe was stopped at 10:40 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 3,400 untaxed cigarettes.

Friday, March 13, 2015 at 4:40 pm

Motions seek dismissal of charge against woman who thought she was grandmother to Baby Chandler

post by Howard B. Owens in batavia, Baby Chandler, crime
Jeffrey Deats and Chandler Zuchs

Motions filed in the case of a woman who thought she was the grandmother of a baby who died while in the care of her son seek to have a criminal charge against her dismissed, both because of a lack of evidence and "in the interest of justice."

Jacquelyn P. Deats, Olyn Avenue, Batavia, is charged with acting in a manner injurious to a child under 17 years old.

The charging document asserts, "On December 14, 2014, at about 7:00 a.m., while at 10 Olyn Avenue in the City of Batavia, New York, the Defendant did fail to provide and/or seek medical assistance for Chandler Zuchs dob May 20, 2014, while knowing that Zuck was suffering from serious medical symptoms. All contrary to the provisions of the statements made and provided herein."

There's simply no evidence to support the assertion, argues Attorney Thomas Burns, who is representing Deats.

There's no direct knowledge or witness statements to support the assertion that Deats knew Baby Chandler was suffering from serious medical symptoms at that time and that she had any knowledge that Baby Chandler had been mistreated.

Baby Chandler was in the care of Jeffery Deats, a 28-year-old Batavia man, who believed, based on representations by the baby's mother, Michelle Zuchs, of Tonawanda, that he was the baby's father.

Subsequently, Jeffrey had many visits with Chandler. He posted several pictures of Chandler, and of himself with Chandler to social media sites in the months prior to Chandler's death. The Dec. 13-14 visit was reportedly the first overnight visit.  

After Chandler's death from apparent brain injuries, Jeffrey Deats was arrested. A day after news came out that Jeffrey Deats wasn't the baby's father, Jeffrey Deats attempted to take his own life by hanging himself with a bedsheet in his jail cell.

Jeffrey Deats died as a result of his injuries four days later.

In a statement to police about the events of Dec. 14, Jacquelyn Deats, said she heard Chandler crying off and on throughout the night and that she woke up around 5:30 a.m. Sunday morning because she was thinking about going to church.

A half hour later, she said, she heard Chandler crying loudly, like he was screaming.

"I heard Jeff stomping down the stairs and he was calling, 'mom, mom' several times," Jacquelyn Deats said. "He sounded very upset. I said that I was in the bathroom. When I came out, Jeff was holding Chandler so that Chandler's head was on Jeff's shoulder. Jeff said, 'He's been up all night and I need to sleep.' Jeff was really upset. He laid Chandler on the couch and said, 'Now, you go to sleep you goddamn bastard,' and he turned around and went upstairs."

It would be another two-and-half hours before Jacquelyn Deats called for an ambulance, according to statements to police, which were made public when Jeffrey Deats was arrested.

Even if Judge Robert Balbick, the City Court judge who will be asked to rule on the motions, doesn't dismiss the charge for lack of evidence, he should do so "in the interest of justice," Burns argues.

"In the interest of justice" is a well-established motion in the legal system and has a series of criteria that should be met before a judge agrees to dismiss the case.

In order to establish the criteria, Burns argues:

  • That Jacquelyn Deats has no prior criminal history, has no history of drug or alcohol abuse, no mental health issues and is gainfully employed;
  • While the death of a baby is a serious criminal matter, there's no evidence Jacquelyn Deats was involved in Baby Chandler's death; "However, the charge as filed seeks to hold the Defendant accountable for her conduct after the injury already occurred to the child." Deats, Burns writes, "neither witnessed nor had knowledge" that the injuries occurred;
  • The evidence doesn't support an assertion that Jacquelyn Deats caused harm to the child, and even if she had knowledge of a serious injury and did not act, there's no evidence that any action should could have taken would have changed the outcome;
  • Jacquelyn Deats has suffered significant trauma as a result of these events, from the death of a child at the time she believed to be her grandchild, the death of her own child, and learning that Baby Chandler was not her son's son; "She has endured a substantial amount of stress and hurt and expressed deep regret for the death of the child and the tragic loss of her son Jeffrey";
  • Because Jacquelyn Deats has no drug or alcohol issues, a conviction is not necessary to effect rehabilitation;
  • The charge against her is only a misdemeanor, which for a person with no criminal record is not likely to result in any length of jail term;
  • Jacquelyn Deats is no threat to the community and dismissal would ensure she remains a contributing member of the community;
  • A conviction would serve no useful purpose; "This case also represents a series of poor choices and lack of judgement on the part of the deceased son of the Defendant, the mother of the deceased child and the Defendant now standing before the court," Burns writes. "There are simply no winners and losers in this case. No conviction will change these horrible facts. However, it is submitted that continued prosecution of Jacquelyn Deats will serve only to add to the layers of tragedy already existing with no legitimate purpose."

The prosecution has not yet filed its answer. Balbick will consider the motions at a later date.

Friday, March 13, 2015 at 12:42 pm

Starting today, law enforcement starts six-day STOP-DWI St. Patrick's Day Crackdown

post by Billie Owens in crime, dwi, law enforcement, St. Patrick's Day

Press release:

Genesee County STOP-DWI Coordinator Matt Landers has announced that Genesee County law enforcement agencies will participate in a special enforcement effort to crackdown on impaired driving from March 13-18 in conjunction with St. Patrick's Day celebrations.

The Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department are all taking part in the crackdown.

St. Patrick’s Day Weekend is historically a deadly period for impaired driving. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force in this across the board effort to reduce the number of alcohol related injuries and deaths.

Genesee County Undersheriff William Sheron said: “We know the history of impaired driving on and around St. Patrick’s Day. With this in mind, we will have extra patrols on duty to help ensure the safety of our highways during this time.”

The STOP-DWI St. Patrick’s Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association and funded by local STOP-DWI programs as well as the STOP-DWI Foundation and the Governor’s Traffic Safety Committee. This partnership has allowed local programs to significantly increase their enforcement and public awareness efforts.

The Statewide STOP-DWI Crackdown Campaign also targets Memorial Day, 4th of July, Labor Day Weekend, Halloween and the national Holiday Season in December.

You can help to make a difference by Having a Plan! Download our new mobile app – “Have a Plan” and you will always be able to find a safe ride home www.stopdwi.org/mobileapp

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

Friday, March 13, 2015 at 12:25 pm

Syracuse man arrested in construction site burglaries given prison term

post by Howard B. Owens in batavia, crime, pembroke
William Kelly Robert Kelly Michael Correia

One of three men who has already admitted his role in a series of construction site burglaries in Genesee County will serve one to three years in prison, Judge Robert C. Noonan ruled this morning.

Michael Correia, 58, of Syracuse, admitted to third-degree burglary on Dec. 16, and while his sentencing in County Court concludes his case, his alleged accomplices continue to maintain their innocence.

Noonan will hear motions in the cases against Syracuse residents William Kelly, 44, and Robert Kelly, 43, on April 30.

All three were charged with burglary after an alert deputy in Wayne County spotted what he thought might be stolen property in a vehicle during a traffic stop.

The three men are accused of breaking into a Kutter's Cheese building, and stealing items from a residential construction site on East Main Street, Batavia, sometime during the early morning of Aug. 27.

They were allegedly found with more than $3,000 in material, including brass plumbing components and copper wire.

Thursday, March 12, 2015 at 1:53 pm

Law and Order: Florida man turns himself in on criminal mischief charge

post by Howard B. Owens in batavia, crime

Gerald Jacob Farrell, 21, of Southeast 170th Street, Weirsdale, Fla., was arrested on a warrant stemming from a third-degree criminal mischief charge. Farrell turned himself in, was arraigned in City Court and jailed without bail.

Erica M. Raphael, 30, of Oak Orchard Road, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Raphael turned herself in and was released on her own recognizance.

Alex Patrick Brasky, 24, of Clifton Avenue, Batavia, is charged with unlawful possession of marijuana and speeding. Brasky was stopped at 5:01 p.m. Wednesday on Route 33, Stafford, by Deputy Chad Minuto and allegedly found in possession of marijuana and a glass smoking pipe with marijuana residue.

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