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Wednesday, September 24, 2014 at 7:39 pm

Accomplice in Park Avenue burglary given five years in state prison

post by Howard B. Owens in batavia, crime
Akeem Simmons Nathaniel Davis

The accomplice in a home invasion burglary on Park Avenue on Jan. 22 -- a burglary that included the use of a handgun -- will spend the next five years in prison Judge Robert C. Noonan ruled today.

Nathaniel Davis, 18, has no prior serious criminal record and Noonan acknowledged that his testimony in the trial of Akeem Simmons probably helped put the much more experienced criminal away for 20 years.

Simmons was convicted of burglary 1st in August and sentenced last week.

Davis entered a guilty plea to a reduced charge of burglary 2nd immediately after Simmons was convicted.

District Attorney Lawrence Friedman denies there was any deal with Davis to secure his testimony in the Simmons trial, but both Noonan and Public Defender Jerry Ader cited his forthright testimony as a reason for a sentence less harsh than the one given to Simmons.

Ader said he didn't want to minimize the seriousness of his client's conduct Jan. 22, but "he was threatened if he testified and knew he was facing a state sentence, but he testified anyway," Ader said. "I can't say for sure it was a linchpin in swaying the jury, but I think it was helpful. I think he came across as believable and honest, so I do think it was helpful to the prosecution in getting a conviction."

As part of the plea deal with Davis, Friedman agreed not to speak at the sentencing.

Noonan said he understands there may be some public concern over the 15 years difference in the sentence, but besides the criminal history and the testimony, Noonan said there's no doubt in his mind that Simmons was the primary mover in the decision to burglarize a house in Batavia.

Noonan expressed skepticism at the contention by Davis that he felt trapped into participating in the crime over fear of retaliation from Davis.

"You haven't had a particularly productive life," Noonan said.  "You had some difficulties that perhaps contributed to that lack of productivity, but you haven't shown any willingness to be productive and be a mainstream citizen that I can see."

Davis must also pay $4,040 in restitution.  Because there was no request for restitution from Davis before he was sentenced, the entire four grand is on Davis.

Wednesday, September 24, 2014 at 10:47 am

Business in Harvester Center broken into overnight

post by Howard B. Owens in batavia, crime

A business deep inside the Batavia Industrial Center/Harvester Center on Harvester Avenue was broken into some time over night.

The original dispatch said there was quite a mess made inside the business.

The burglar gained access by breaking a window on the south side of the building that was tucked behind an old rail tanker.

It's yet to be determined what, if anything, was stolen, said Det. Todd Crossett (pictured taking a DNA swab on the broken window).

The break in remains under investigation.

Tuesday, September 23, 2014 at 6:44 pm

Jacquetta Simmons ordered to pony up $100 in restitution montly starting Friday

post by Billie Owens in batavia, crime, Jacquetta Simmons

Jacquetta Simmons appeared in Genesee County Court this afternoon on the matter of restitution for her victim, Grace Suozzi, a Walmart cashier who suffered fractured facial bones and other injuries following a Christmas Eve confrontation in the store in 2011.

The upshot is the same money Simmons had been ordered to pay in February -- $100 a month -- is the same amount she will have to pony up on the 26th of every month, beginning Friday, until the restitution of $2,000 is paid.

Her attorney at the time, Earl Keys, had argued that she was not able to make the payments because she'd just been released from jail for her crime and had been unable to find work.

The judge set another restitution hearing and asked for documentation about her efforts to find employment. There's been no progress as far as Noonan could determine.

Nothing much has changed, only months have passed.

Ann Nichols, who had also been one of the attorneys representing her at trial, was with her today and told the judge she had only met with her client on the matter yesterday, and just today was provided with a list of local places where her client has applied for jobs.

(Simmons is now married but her husband's income won't factor in much. His gross earnings are $793 a month.)

Suozzi has yet to see a penny, as far as Noonan knows.

"This victim is entitled to be paid restitution," Noonan said, "and all we've gotten so far are excuses, missed court appearances, and no restitution."

Nichols said one issue that has delayed matters is an appeal of the Jan. 13 restitution order of $100 monthly by Simmons's parents. That has now been withdrawn, and they "will be able to pay $100 as soon as Friday," the attorney said.

"We are moving toward paying restitution," Nichols said.

It was also noted that a payment of $100 was supposedly made in February, and maybe a second such payment, but no receipts were offered.

Noonan said he has no knowledge of any payments being made, but if the money was indeed received by the County Probation Department there will be a record of it and the sum(s) will be deducted from the total owed.

Simmons went to court last month by herself and had only a piece of notebook paper with some hand-written notes about her work search. Noonan told her she needed detailed, documentation of her employment search and inability to find work in order for him to decide whether to lower the amount of monthly restitution. He set another hearing for this afternoon and told her she could bring an attorney with her, or not, her choice.

Keys, it was noted, has moved to Washington State, where he is working in the State Attorney General's Office.

Tuesday, September 23, 2014 at 1:12 pm

Law and Order: Homeless Buffalo woman jailed after disturbance at Wendy's

post by Billie Owens in batavia, crime

Fancy D. Miller, 59, homeless, of Buffalo, was arrested Sept. 22 and charged with second-degree harassment and criminal tampering, 3rd. Her arrest followed a late afternoon disturbance at Wendy's restaurant on Main Street in the City of Batavia. Miller allegedly pushed an employee and threw items in the restaurant. Following arraignment in City Court, she was jailed. The incident was investigated by Batavia PD officer Mitchell Cowen, assisted by officer Jason Ivison.

Luethal M. Tate, 54, of Dewey Avenue, Rochester, was arrested Sept. 22 and charged with criminal contempt, 2nd, petit larceny, and open container of alcohol in a motor vehicle. It is alleged that she stole a bottle of Grey Goose Vodka from a local liquor store. After Batavia PD located the suspect vehicle, Tate was allegedly seen consuming beer out of a plastic Thermos-style container which was on her lap. Tate was allegedly sitting in the rear passenger seat next to a protected party for whom a complete stay away order had been issued against Tate in the City of Rochester. Tate was jailed in lieu of $2,500. The incident was investigated by Batavia PD officer Jamie Givens, assisted by officer Nedim Catovic.

Robert W. Plantiko Jr., 39, of 18 Thorpe St., Batavia, was arrested Sept. 19 on a Batavia City Court bench warrant issued for failing to appear on a charge of petit larceny stemming from an incdient Aug. 9. He was arrested at his residence and put in jail. The matter was investigated by Batavia PD officer Frank Klimjack, assisted by officer Eric Foels.

Monday, September 22, 2014 at 12:02 pm

Law and Order: Man accused of stealing laser from employer and pawning it

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

Stephen Michael Esposito, 25, of Folsomdale Road, Cowlesville, is charged with criminal possession of stolen property, 4th, and falsifying business records. Esposito allegedly stole a Spectra Precision Model 412 Laser from his employer in Stafford and then pawned it in Batavia, signing a document at the time stating he owned the property.

Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, is charged with burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief. Plantiko was arrested on a warrant stemming from an alleged incident Sept. 5 at 105 Watson St., Batavia. Plantiko was jailed without bail. Plantiko was also charged with harassment, 2nd, for allegedly punching another person during an alleged altercation at 7:09 p.m. Thursday at a residence on Ellicott Street, Batavia.

A 16-year-old resident of Roanoke Road, Pavilion, is charged with obstructing governmental administration and hindering prosecution, 2nd. The youth is accused of not allowing police into a residence on Thorpe Street at 10:06 p.m., Friday, when police showed up with a felony arrest warrant for Robert Plantiko. The youth was observed by Officer Frank Klimjack allegedly trying to hide Plantiko inside a kitchen cupboard.

Samuel Gene Coughlin Jr., 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana. Coughlin was charged after police were dispatched at 2:53 a.m. Thursday to the parking lot on Jefferson Square on a suspicious condition complaint. A 17-year-old resident of West Main Street Road, Batavia, was also charged.

Aaron L. Klein, 43, of Harvester Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 1st. Klein was arrested following an investigation by Officer Marc Lawrence into a property damage accident reported at 2:57 p.m. Sunday at 34 Clinton St., Batavia.

Bobby L. Mobley Jr., 29, of Bank Street, Batavia, is charged with criminal possession of marijuana over eight ounces. Mobley turned himself in on an alleged incident from Sept. 14. He was allegedly found in possession of more than eight ounces of marijuana during a traffic stop on Jackson Street.

Maleak Hakeem Green, 21, of South Main Street, Batavia, is charged with failure to obey a court order. Green allegedly violated a court order of protection.

David W. Zengulis, 51, of Ellicott Street, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Zengulis was stopped at 9:06 a.m. Friday on Ellicott Street, Batavia, by Officer Frank Klimjack. Zengulis submitted to a breath test and allegedly registered a BAC of .30.

Mckayla J. Kosiorek, 20, of South Jackson Street, Batavia, was arrested on a warrant. Kosiorek was located at an address on Hutchins Street while police investigated an unrelated matter. Kosiorek was allegedly found to have a warrant for failure to appear.

Mark T. Zdrejewski, 61, of Meyer Road, North Tonawanda, is charged with four counts of issuing a bad check. Zdrejewski allegedly issued bad checks to a local business. He was arrested on a warrant.

Ty’ree D. Winkfield, 16 of Washington Avenue, Albion, is charged with criminal possession of stolen property, 3rd, a Class D felony, and unlawful possession of marijuana. Winfield was stopped by Le Roy PD for an alleged traffic violation. Upon investigation, it was determined the vehicle he was driving was allegedly stolen from Albion. Winkfield was released under supervision of Genesee Justice.

Charles F. Chidsey, 28, of Clay Street, Le Roy, is charged with unlawful possession of marijuana. Chidsey was arrested following a complaint of loud music.

Brian Wilson Herke, 29, of Townline Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and drinking alcohol in a motor vehicle. Herke was stopped at 11:24 p.m. Sunday on Townline Road, Byron, by Deputy Joseph Corona.

Shannon M. Malone, 42, of Route 98 Road, Varysburg, is charged with petit larceny. Malone is accused of shoplifting at Walmart.

Arthur Wayne Adner, 66, of Cobblestone Court, Holley, is charged with possession or transport or offer for sale of unstamped cigarettes. Adner was stopped at 11:26 a.m. Sept. 16 on Judge Road, Alabama, by Deputy Joseph Corona. Adner allegedly possessed 1,800 untaxed cigarettes.

Mitchell Andrew Cummings, 23, of Byron Road, Batavia, is charged with unlawful possession of marijuana and a seat belt violation. Cummings was stopped at 11:43 p.m. Friday on Byron Holley Road, Byron, by Deputy Joseph Corona for allegedly driving without a seat belt.

Amanda Rose McDonald-Mruczek, 32, of Pringle Avenue, Batavia, was arrested on a warrant for an attempted petit larceny charge. McDonald-Mruczek was arrested following an appearance in City Court for alleged failure to appear on an attempted petit larceny charge. She was jailed on $250.

Timothy S. Spiotta, 46, of Oakfield, is charged with DWI, driving with a BAC of .08 or greater and speeding. Spiotta was stopped at 9:20 p.m. Wednesday on Farnsworth Avenue, Oakfield, by State Police.

Roger W. Little, 47, of Byron, is charged with criminal mischief and harassment. Little was arrested by State Police. No further details released.

Friday, September 19, 2014 at 1:52 pm

Man who may have left Walmart with lost wallet sought by Sheriff

post by Howard B. Owens in batavia, crime

The Sheriff's Office would like to interview the man in this picture.

During the early afternoon of Sept. 10, this man is believed to have picked up a woman's wallet seconds after she dropped it while exiting the grocery side vestibule at Walmart.

The Walmart greeter saw the man pick up the wallet and the greeter offered to take it to customer service. The man said he was heading to customer service himself. 

Investigator William Ferrando said he never made it to customer service. He walked into the restroom and allegedly left the store without turning in the wallet.

He is believed to have left in the maroon crew cab pickup truck depicted in the picture below.

Anybody with information that might assist in the investigation is asked to call Ferrando at (585) 343-5000.

Thursday, September 18, 2014 at 12:18 pm

Traffic stop in Le Roy leads to arrest of crack cocaine possession suspect

post by Howard B. Owens in crime, Le Roy

A Le Roy Police officer made a traffic stop Monday and found a Batavia man allegedly in possession of crack cocaine and five different types of pills as well as drug paraphernalia.

Arrested was Anthony A. Leone, 46, of 7 Jackson St., Batavia.

He is charged with criminal possession of a controlled substance, 4th, a Class C felony, five counts of criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. 

The traffic stop was conducted by Officer Jared Dent, who is also a member of the Local Drug Task Force. The task force assisted at the scene.

Leone was jailed without bail.

Thursday, September 18, 2014 at 12:07 pm

Law and Order: Burglary suspect from LA awaiting extradition in county jail

post by Howard B. Owens in Attica, batavia, crime, pembroke
Baybhann Tagber

Baybhann Osman Tagber, 38, of North Almond Drive, Beverly Hills, was arrested as a fugitive from justice. Tagber was being held at the Buffalo Federal Detention Center on a possible immigration issue. While in custody, authorities learned of a warrant in the City of Los Angeles. Tagber was wanted on a burglary charge. Tagber is being held in the Genesee County Jail pending an extradition hearing.

Gary William Bird, 60, of Vine Street, Batavia, is charged with stalking, 4th. Bird is accused of contacting a person at their place of employment while knowing that such contact was unwanted and would cause alarm and annoyance.

Carrie A. Stewart, 34, of Attica, is charged with conspiracy, two counts of criminal trespass and petit larceny. Stewart was arrested at Walmart by State Police at 10:10 p.m., Sunday. No further details released.

Timothy Ryan

Timothy M. Ryan, 20, of East Pembroke, is charged with burglary, 2nd. Ryan is accused of entering the residence of a family member and taking more than $600 worth of electronics. The items were sold to a pawn shop. Ryan was released under supervision of Genesee Justice.

 

 

 

 

 

Wednesday, September 17, 2014 at 1:01 pm

Oakfield officials looking for person who broke into Little League food stand

post by Howard B. Owens in crime, Oakfield

During the early morning hours of Aug. 21 somebody broke into the food stand at the Little League fields at the Oakfield Town Park and stole drinks and candy.

Town Clerk Melissa Haacke said the thief was obviously looking for money.

Sometime after 3 a.m., the person in this photo was seen on surveillance cameras in the park, so officials are hoping to identify the person and determine if there's a connection.

Haacke can be reached at (585) 948-5835.

Wednesday, September 17, 2014 at 9:00 am

Law and Order: Man accused of providing false name to police during traffic stop in May

post by Howard B. Owens in batavia, Bethany, crime, Stafford

James Timon Saddler III, 33, no permanent address, is charged with criminal impersonation, 2nd, forgery, 2nd, offering false instrument, 1st, aggravated unlicensed operation, 3rd, and consumption of alcohol in a motor vehicle. Saddler was reportedly stopped at 10:30 p.m. May 31 on Ellicott Street, Batavia, by Officer Jason Ivison. Saddler allegedly provided a name and date of birth other than his own and signed a consent to search form under the false name. Upon further investigation of the stop and a review of camera footage of the stop, Ivison determined that Saddler was the person stopped who allegedly provided a false identity. Saddler is currently an inmate in the Genesee County Jail being held on unrelated charges.

Jerry Tyrone Saddler, 38, of Maple Street, Batavia, is charged with harassment ,2nd. Saddler is accused of hitting a woman several times during an argument, causing minor injuries.

Samuel Forrest Brown, 26, of River Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlamps. Brown was stopped at 11:51 p.m. Friday on Route 5, Stafford, by Deputy Chris Parker.

Douglas Scott Sprague, 47, of Hutchins Place, Batavia, is charged with criminal contempt,1st. Sprague was arrested on a warrant for allegedly violating an order of protection on June 2.

Michael Lee Milroy, 48, of McLernon Road, Bethany, is charged with assault, 3rd. Milroy was allegedly the driver of a vehicle at 7:45 p.m. Thursday that drove away from a residence while another person was leaning in the open passenger side door of the vehicle. Milroy is accused of striking that person with the door frame and rear tire, causing an injury to that person.

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