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Wednesday, August 27, 2014 at 8:30 am

Law and Order: Driver accused of possessing marijuana following accident in Le Roy

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

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Monday, August 25, 2014 at 3:32 pm

Jacquetta Simmons seeks modification of restitution order

post by Howard B. Owens in batavia, crime, Jacquetta Simmons

Out of jail and out of work, Jacquetta Simmons, the young woman who punched an employee at Walmart on Christmas Eve 2011, is seeking a modification to the restitution order levied against her.

Her victim, Grace Suozzi, is entitled to reimbursement on $2,000 in medical expenses, Judge Robert C. Noonan has said. Simmons has been ordered to make monthly payments of $100.

According to statements made by Noonan from the bench today, Simmons is seeking a suspension of restitution payments.

While Simmons appeared in County Court today, she did so without her attorney.

She had written Noonan asking for the hearing, but her attorney, Earl Key, wasn't notified of today's court appearance in time for him to be in Genesee County Court.

Noonan rescheduled the appearance for Sept. 10.

Asked if she was looking for work, Simmons told Noonan she has applied for jobs.

Noonan told her that when she appears Sept. 10, she should have prepared an affidavit on her financial standing and outlining steps she's taken to find work.

For previous coverage of Jacquetta Simmons by The Batavian, click here.

Monday, August 25, 2014 at 11:39 am

Law and Order: Man accused of stealing knife at Walmart, using it as tool to steal other stuff

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

Christopher James Clark, 34, of Pearl Street, Batavia, is charged with petit larceny. Clark allegedly stole a knife at Walmart and then while inside the store allegedly used it to try and open packages containing drill bits. He tried to abandon the alleged stolen property under the vehicle in the parking lot when police arrived.

Carrie M. Capizzi, 30, of West Main Street, Batavia, is charged with felony DWI, aggravated unlicensed operation, 1st, driving without an interlock device and open container. Capizzi was stopped at 10:01 p.m. Thursday at 12 City Centre, Batavia, by Officer Chad Richards.

Kathleen E. Gonzalez, 52, of West Main Street Road, Batavia, is charged with petit larceny. Gonzalez is accused of stealing three packages of steak from Save-A-Lot in Batavia.

Lizbet D. Cramer, 37, of Lewis Place, Batavia, is charged with two counts of endangering the welfare of a child. Cramer allegedly left her 4- and her 15-year-olds unattended. The 4-year-old was allegedly abandoned at Austin Park for at least one hour before police were notified.

DaShawn A. Butler, 34, of Walnut Street, Batavia, is charged with harassment, 2nd. Butler allegedly issued a verbal threat of harm to another person.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with endangering the welfare of a child and forcible touching. Benz allegedly had inappropriate contact with a person under age 17 while at a playground at Jackson School at 4:33 p.m. on Aug. 11.

Nefetiria L. Turner, 32, of South Main Street, Batavia, was arrested on three warrants for alleged failure to appear on charges of unreasonable noise charge, aggravated unlicensed operation and harassment, 2nd. Turner posted cash bail and was released.

Deavin Herman, 20, of South Main Street, Batavia, is charged with petit larceny. Herman allegedly stole a bicycle from a location on Walnut Street.

Shane Zimblis, 43, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Zimblis was allegedly found in possession of marijuana during a warrant arrest.

Scott Allen Cratsley, 43, of Oak Street, Batavia, is charged with dog running at large. Cratsley's dog was allegedly seen running at large by Officer James Defreze and Sgt. Dan Coffey. That breed of dog, a St. Bernard, has allegedly been seen running at large several times previously.

Alexander L. Jordan, 19, of Pine Terrace, Macedon, was arrested on a warrant for alleged failure to appear on a third-degree menacing charge. Jordan posted $500 police bail and was released.

Michael S. Garrett, 23, of Washington Avenue, Batavia, turned himself in on a warrant for alleged failure to appear on a parking on city streets ticket issued March 18.

Forrest Ansel, 24, of Cone Street, Batavia, is charged with petit larceny and criminal contempt. Ansel allegedly went to the residence of a protected person. He allegedly stole property of that person.

Lawrence William Worsley, 34, of Presbyterian Street, Knowlesville, is charged with disorderly conduct. Worsley allegedly became verbally and physically abusive while at the Viper ride at Darien Lake Theme Park at 6:20 p.m., Sunday.

Jared Lewis Long, 44, of Clinton Street Road, Stafford, is charged with unauthorized use of a motor vehicle. Long allegedly took the Chevrolet Equinox of his girlfriend without her permission. The vehicle was returned to the residence and Long was ordered to stay away from the residence. He was later found by Sheriff's K-9 in a field behind the residence. 

Jessica Lynn Hill, 29, of Leonard Street, Mattydale, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right of way and license restriction violation. Hill was stopped at 10:45 p.m. Thursday on West Main Road, Batavia, by Deputy James Diehl.

William Allen Roll, 54, of Clinton Street, Attica, is charged with harassment, 2nd. Roll allegedly punched another person in the face at 3:54 a.m. Saturday while at an apartment on West Main Street Road, Batavia. Roll was jailed on $500 bail.

Karen A. Lemaster, 54, of Batavia, is charged with driving while impaired by drugs, 1st. Lemaster was stopped at 4:30 p.m. Saturday on Ohio Street, Village of Medina, by State Police.

Rhonda L. Reisman, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or higher. Reisman was stopped at 2:35 a.m. Sunday on Route 33, Stafford, by State Police.

Brian C. Reynolds, 33, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Reynolds was stopped at 11:32 p.m. Thursday on Route 20, Alexander, by State Police.

Erica A. Cook, 26, of Webster, is charged with DWI and driving with a BAC of .08 or greater. Cook was stopped at 11:45 p.m. Thursday on Route 20, Alexander, by State Police.

Zachary W. Plath, 21, of Le Roy, is charged with DWI and driving with a BAC of .08. Plath was stopped at 12:20 a.m. Friday on Route 20, Alexander, by State Police.

Sunday, August 24, 2014 at 1:16 pm

Sheriff's Office reports 19 arrests at Zac Brown concert

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Saturday:

Andrew R. Witzel, 18, of Rochester Road, Lakeville, is charged with criminal trespass and trespass after allegedly reentering the concert venue after being ejected and told not to return both times. Witzel was arraigned in Darien Town Court and remanded to jail in lieu of $1,500 bail. 

Bart M. Bartlett, 29, of East 2nd Street, Jamestown, is charged with criminal trespass, 3rd, after allegedly entering the VIP area of the concert venue after being ejected and told not to return.  Bartlett was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Alexandra H. Mitchell, 20, of Lamont Avenue, Niagara Falls, Ontario, Canada, is charged with trespass, harassment, 2nd, and resisting arrest after allegedly entering the Employee Road Exit after being told several times not to enter the area. Mitchell also allegedly pushed a deputy and then resisted arrest.

Nicholas A. Cummings, 18, of Lori Lane, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Joseph P. Fedele, 20, of Harvest Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Taylor J. Greean, 19, of Holley Byron Road, Holley, is charged with criminal possession of a weapon, 4th, after allegedly being found in possession of brass knuckles.

Jacob S. Vail, 24, of Nicole Lane, Angola, is charged with criminal trespass, 3rd, after allegedly jumping a fence into the concert venue.

Joshua A. Kuminski, 25, of Briarcliff Road, Cheektowaga, is charged with harassment, 2nd, and disorderly conduct after allegedly punching a PAC security officer in the face after being asked to leave the venue and then fighting with PAC security while being ejected.

Daniel M. Regan, 22, of Greenwood Place, Buffalo, is charged with harassment, 2nd, after allegedly slapping a PAC security officer in the face.

William Dormann Jr., 32, of Bennett Road, Cheektowaga, is charged with harassment, 2nd, after allegedly punching and twisting the hand of a Darien Lake security officer.

Gary R. McTarnaghan, 27, of Route 408, Nunda, is charged with disorderly conduct after allegedly participating in a large fight in the lawn area of the concert venue.

Joseph S. Tonque, 30, of Main Street, Corning, is charged with disorderly conduct after allegedly fighting with PAC security.

John P. Mahoney, 44, of Seib Road, Girard, Pa., is charged with trespass after allegedly reentering the concert venue without a ticket.

Braydon B. Wolfe, 25, of Victor Lane, Hamlin, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Brian D. Adams, 24, of Robbins Nest Court, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Bradley T. Willis, 24, of Allens Hill Road, Honeoye, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Christopher P. Colby II, 35, of Linwood Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Margaret M. Hout, 54, of Griffon Avenue, Niagara Falls, is charged with three counts of harassment, 2nd, after allegedly punching a patron in the face, striking two other patrons in the face and pulling one's hair. 

Brittany E. Hout, 24, of Griffon Avenue, Niagara Falls, is charged with harassment, 2nd, after allegedly pulling another patron's hair and pulling her to the ground.

Saturday, August 23, 2014 at 10:22 am

Man already charged with criminal sexual act accused of raping another woman

post by Howard B. Owens in crime, Le Roy
Michael Stack

A Le Roy resident already facing a felony charge for allegedly forcing a sexual act on a woman who was physically helpless has been arrested on a rape charge involving another woman.

Michael J. Stack Jr., 37, of 7450 Randall Road, was arrested by Le Roy PD and charged with first-degree rape.

Stack was arrested July 23 and charged with criminal sexual act, 1st, for allegedly having oral sex with a victim by forcible compulsion while the woman was physically helpless.

After the investigation into that allegation, another woman came forward and said she was raped.

Stack was jailed on new charge on $10,000 bail.

Saturday, August 23, 2014 at 10:11 am

Four arrested at Goo Goo Dolls concert

The following people were arrested by the Genesee County Sheriff's Office during the Goo Goo Dolls concert at Darien Lake Performing Arts Center on Friday.

Brianna R. Pagliacci, 18, of Byron Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Robert M. Seiler, 19, of West Gate Road, Kenmore, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Trent R. Stinson, 19, of Trevett Road, Springville, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Gary T. Davies, 22, of Bunting Road, Orchard Park, is charged with criminal trespass, 3rd, after allegedly entering the food distribution building designated for employees only after being ejected from the concert venue. Davies was jailed on $500 bail.

Two people were issued citations for allegedly possessing a fictitious driver's license:

Christopher J. Schiappa, 19, of Hearthstone Drive, East Amherst;
Jay M. Forman, 19, of James Street, Fairport.

Friday, August 22, 2014 at 5:25 pm

BPD announces results of neighborhood enforcement detail

post by Howard B. Owens in batavia, crime

Press release:

On August 20th the City of Batavia Police Department joined by the Genesee County Drug Task Force (comprised of personnel from Batavia PD, LeRoy PD and the Genesee County Sheriff’s Office), Genesee County Sheriff’s Office and K9 unit and New York State Parole participated in the third neighborhood enforcement detail this summer. The purpose of these details is a systematic approach of known problem areas within the City and to target criminal activity.

In total, 11 law enforcement personnel from four different agencies were partnered in a focused enforcement detail in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Washington Avenue, Jackson Street, Liberty Street, Swan Street, Sumner Avenue, Central Avenue, Pringle Avenue, Watson Street and Maple Street The following are results of this year’s third detail:

• 80 data runs
• 31 vehicle/traffic stops
• 10 traffic tickets issued
• 1 Penal Law Arrest
        -- Munroe, Isaiah J.A., age 24, unlawful possession of marijuana
• 13 parole checks
• 4 parole violations

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons.

All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.

Friday, August 22, 2014 at 3:47 pm

Former nurse from Bergen given probation following second conviction on grand larceny

post by Howard B. Owens in bergen, crime

None of it is her fault, former Bergen resident Michele Ann Case told Judge Robert C. Noonan in County Court today during a sentencing on her second grand larceny conviction.

In fact, managers at HomeCare & Hospice, the former employer Case was convicted of stealing from while working as a nurse, concocted the whole scheme against her in order to steal insurance money, she said.

"How could hospice make such a colossal mistake (claiming she broke reimbursement rules)?" Case read from a three-and-a-half page written statement. "Simple, it was no mistake. These rules were new, and used retroactively to make my legitimate paid time into unpaid time in an attempt by hospice to claim I stole from them and in effect steal themselves. They then fraudulently submitted their so called losses to insurance and filed a false report to the police."

Noonan didn't buy any of it.

"I do have a feeling that you see everything through your own little prism of view and that's how you look at it," Noonan said. "You took a nursing job that didn't pan out because other nurses are paid more elsewhere. The detective didn't look at this or look at that ... at some point, you should sit back and look at this the way 24 separate jurors have now looked at it and concluded that you didn't just make mistakes. You stole money."

According to evidence presented at both trials, Case stole more than $14,000 by filing doctored time cards and incorrect mileage logs.

Case's first conviction, in 2012, was overturned on appeal, with the higher court finding that summary sheets tallying the amount of money Case stole was not properly supported by documentation.

In July, Case was convicted a second time by a new jury of grand larceny in the third degree.

District Attorney Lawrence Friedman argued today that rather than re-imposing the five-year probation sentence Case got the first time around, she should be sent to prison.

"She still views herself as a victim in this case and absolutely continues to deny any responsibility," said Friedman in a statement prior to Case getting up to speak. "Your honor, it is our position that she is not an appropriate candidate for probation and that she should receive a sentence of incarceration."

And by incarceration, Friedman meant state prison, stating that local jail time would mean no period of parole after serving her time, making it harder for the county to collect restitution from her. Also, only a state prison term would expose her to programs that might benefit her rehabilitation.

To a degree, Noonan said he agreed with Friedman's position, however, he never discussed a state prison option. He spent more time weighing the differences between a sentence of probation and time in the county jail.

A harsher sentence than the first one, Noonan said, could be perceived as retribution for appealing her prior conviction and winning a new trial; however, Case's violation of probation, failure to make any restitution payments after her first conviction, suggests she's not a good candidate for probation.

Also, having sat through two trials and hearing the evidence twice, Noonan said the mere fact that Case continues to deny any wrongdoing could be a foundation for a harsher sentence.

Noonan, however, doesn't consider Case a threat to return to a life of crime.

He imposed five years probation, and with credit for time served, she is not likely to serve any more jail time if she complies with the terms of probation.

Case now lives in Erie County. Her oldest child is a freshman at a local university and her youngest is a freshman in high school. Her attorney said she has returned to factory work (what she did prior to becoming a nurse) at minimum wage (she said she earned $60,000 annually as a nurse).

Noonan noted that early on in this case, she was offered a disposition that would have allowed her to keep her nursing license, but she rejected it.

Friday, August 22, 2014 at 10:12 am

Two arrests reported at Linkin Park concert at Darien Lake

post by Howard B. Owens in crime, Darien, darien lake performing arts center

The following people were arrested during the Linkin Park concert at Darien Lake Performing Arts Center on Thursday.

Joseph T. Roth, 19, of North Marion Street, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Dalton T. Carroll, 19, of Wheatfield Street, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Friday, August 22, 2014 at 9:55 am

Law and Order: Felony DWI arrest at Darien Lake

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

Nancy Jo Sabourin, 54, of Henderson Avenue, Tonawanda, is charged with felony DWI (two previous convictions within 10 years) and felony driving with a BAC of .18 or greater. Sabourin was stopped at 10:24 p.m. Thursday in the Darien Lake driveway by Deputy Joseph Corona.

Sherika Kendra Dixon, 21, of Franklyn Avenue, Kingston, Jamaica, is charged with petit larceny. Dixon is accused of shoplifting from Kmart.

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