crime

Kelly A. Rodriguez, 47, of Pearl Street, Batavia, is charged with aggravated harassment in the second degree. She is accused of spitting in the eyes of a nurse at UMMC in Batavia who was caring for her. She was given an appearance ticket and is due in Batavia City Court at 1 p.m. on Feb. 11. The case was investigated by Batavia Police Officer Peter Post.

Wendy L. Henry, 35, no permanent address, is charged with second-degree criminal contempt. Henry was arrested for allegedly violating a stay away order of protection at 5:37 a.m. on Jan. 26 on Central Avenue in Batavia. The defendant was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

Jacoby Luc Green, 20, of Lake Street, Perry, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. At 4:56 a.m. on Jan. 29, Genesee County Sheriff's deputies responded to the intersection of Route 20 and Perry Road in Pavilion for a report of a one-car collision. After an investigation, Green was arrested and arraigned in Town of Pavilion Court. The defendant is due back there on Feb. 4. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Matthew Ronald Hinze, 29, of Genesee Street, Attica, is charged with: driving while intoxicated; aggravated DWI; and possession of an open container of alcohol in a motor vehicle. At 9:15 p.m. on Jan. 28, Genesee County Sheriff's deputies stopped a vehicle on the south shoulder of Sumner Road in Darien. Following an investigation, Hinze was arrested. He was issued appearance tickets and is due in Town of Darien Court on Feb. 18. The was was handled by Deputy Erik Andre.

A family in Pavilion would like to get their 2003 Chevy Silverado back.

It was stolen at 5:20 this morning.

It's dark gray/black with a light bar, and a plow mount (the plow was not attached at the time it was stolen). The passenger side door handle is broken. There are glow lights under the truck and the front license plate is on the driver's side grill. There is a plastic toolbox across the bed of the truck.

Whoever stole the truck apparently headed north on Roanoke Road because there was sheet steel in the bed of the truck that fell out.

State Police took the stolen vehicle report. The State Police can be reached at (585) 344-6200. A friend of the owner, Jessica Wolcott, can be reached at (585) 815-3625.

Jennifer L. Stack, 33, of South Main Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 25. At 10:35 a.m. on Jan. 11 an incident occurred at GCASA, 430 E. Main St., Batavia, and Stack is accused of striking a person multiple times while on the property. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Ashley E. Quintern, 30, of South Pearl Street, Oakfield, is charged with endangering the welfare of a child. She was arrested after an incident at 8:20 a.m. Jan. 24 where children were allegedly left without supervision for about an hour and a half at a location in the 100 block of Ross Street in the city. Quintern was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Felicia DeGroot.

Phillip D. Byford Jr., 29, of South Platt Street, Albion, is charged with two counts of petit larceny on the same day at the same store. He was first arrested at 8:01 a.m. on Jan. 24 after being accused of stealing beer and food from the Speedway convenience store at 204 W. Main St. in Batavia. The arrest was made by Batavia Police Officer Miah Stevens, assisted by Officer Jordan McGinnis. Later, at 10:35 p.m., a witness allegedly saw him stealing beer at the Speedway and reported it. He was arrested again at 11:05 p.m. The evening arrest was made by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger. In each incident he was released with an appearance ticket to be in Batavia City Court on Feb. 4.

Robert C. Strollo, 59, of East Main Street, Batavia, is charged with petit larceny. He was arrested at 9:55 a.m. on Jan. 26 following the investigation of a larceny that occurred at the Family Dollar Store at 577 E. Main St. in Batavia. He is accused of stuffing merchandise in his pockets while there at 11:37 a.m. on Jan. 22. He allegedly walked out of the store without paying for the items. Strollo was issued an appearance ticket for Batavia City Court and is due there on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with petit larceny. Gibson was arrested after a larceny was reported at the Kwik Fill at 99 Jackson St. in Batavia. This allegedly occurred at 7:40 p.m. on Dec. 20. Gibson is accused of taking property from the convenience store without paying for it. She was issued an appearance ticket and is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Peter Flanagan.

Robert William Devos, 31, of South Pearl Street, Batavia, is charged with falsely reporting an incident in the second degree. On Jan. 26, Devos turned himself in at the Genesee County Sheriff's Office on the pending charge. It stems from an incident that occurred at the Citgo Gas Station on Park Road in the Town of Batavia at 6:10 p.m. on Jan. 17. Devos allegedly reported to patrons and store staff that there was "an impending occurrence of an explosion in the store." Devos was processed at the Genesee County Jail and released with a ticket to appear in Town of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jared Swimline.

Nanette Louise Kappus, 63, of Angling Road, Corfu, is charged with: aggravated driving while intoxicated -- a BAC of .18 or higher; DWI; and driving left of pavement markings. Following a traffic complaint, Kappus was arrested at 6:59 p.m. Jan. 26 on Angling Road in Corfu. She was issued traffic tickets and is due in Town of Pembroke Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by David Moore.

Aaron W. Smith, 32, who resides in Oakfield, was arrested by Wyoming County Sheriff's Deputy Austin Harding on Route 39 in the Town of Castile on Jan. 25. He is charged with aggravated unlicensed operation of a motor vehicle in the third degree. While on patrol, Harding allegedly witnessed a passenger in Smith's vehicle, which was in front of the deputy's car, throw an item out of the moving vehicle. A traffic stop was initiated near Swyers Road. Smith was found to have two active suspensions on his driver's license out of Town of Alabama Court, where he is due at a later date. Smith's passenger was issued a citation for littering on a highway.

Octavio M. Tardy, 54, of Woodside Drive, Bergen, is charged with petit larceny. On Jan. 21 at 4:30 p.m. Tardy was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. Tardy was issued an appearance ticket and is due in Batavia City Court on Tuesday (Jan. 28). The case was handled by Batavia Police Officer Christopher Lindsay.

Tonya M. Weber-Jackson, 35, of Liberty Street, Batavia, is charged with petit larceny. On Jan. 20 at 7:35 p.m. Weber-Jackson was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Press release:

The Batavia Police Department is investigating a robbery that occurred in the parking lot of Pizza Hut on Jan. 24 at approximately 7:38 p.m. The victims had gone to the lot to meet with a potential buyer of items the victims were selling online when the robbery occurred. It is believed the potential buyer is the suspect in this case.

The suspect was armed with a blunt object at the time. The victims were not injured during the incident. Further information can not be released at this time due to the ongoing investigation.

The Batavia Police would like to remind citizens the Batavia Police Headquarters rear vestibule, located at 10 W. Main St., is a certified SafeTrade Station. This means members of the public wishing to buy or sell online items, can conduct the sale with the other party in a safer spot than a parking lot or house.

The vestibule area is monitored by surveillance cameras/police personnel and a direct phone connection to the Genesee County Dispatch Center is available. More information about the SafeTrade Program can be found here.

Anyone with information in reference to the case may contact: Detective Sergeant Matt Lutey at 585-345-6311, or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370, or online here.

A white male who stole a Spectrum Cable pickup truck from a location in the Town of Batavia on Saturday night and then evaded capture during a pursuit on Oak Street is still at large, according to the Batavia Police Department.

The police are asking the public's assistance in identifying the suspect.

The incident began about 11:30 p.m. when the Sheriff's Office received a report of a stolen work truck.

An officer in the City of Batavia observed a white Ford F-150 with the Spectrum logo on its doors traveling on Washington Avenue.

The officer followed the vehicle onto West Main Street while confirming with dispatchers that the vehicle in question was the stolen vehicle.

The officer attempted to conduct a traffic stop on the stolen vehicle at the intersection of Olyn Avenue and Holland Avenue. The suspect fled northbound on Holland, continuing northbound on to Oak Street before making an abrupt right turn at Charles Street.

The subject then drove through all the backyards of the houses located on the north side of Charles Street, damaging fences, vehicles and the yards.

The work truck then emerged through the driveway of 70/72 Oak St. damaging vehicles and a house. The vehicle traveled westbound across Oak striking and significantly damaging three vehicles in the driveway of 69 Oak St.

At that point, the operator then fled the area on foot.

Deputy Chris Erion and K-9 "Frankie" responded for a search of the area while state Troopers helped establish a perimeter.

Despite an extensive search, the suspect was not located.

The suspect was described by witnesses to be a white male, with long hair, wearing a black hooded sweatshirt and a black backpack.

There were no reported injuries as a result of the incident. 

The Batavia PD press release suggests investigators have a possible name for the suspect but are looking for additional information to confirm the identity. Anybody with information that may assist the investigation is asked to contact Det. Jason Ivison. Ivison can be reached at (585) 345-6370.

Daniel Jon Lewis, 23, of Genesee Street, Lima, is charged with fourth-degree grand larceny. Lewis was arrested Jan. 23. He is accused of stealing a vehicle from the 5000 block of Clinton Street Road in Batavia at 8:39 a.m. on Jan. 3. He was issued an appearance ticket for Feb. 6 in Town of Batavia Court, at which time he will be arraigned. The case was investigated by Genesee County Sheriff's Investigator Chad Minuto.

Jennifer Ann Clarke, 22, of Beckwith Drive, Pembroke, is charged with stalking in the fourth degree and second-degree aggravated harassment. She was arrested Jan. 23. She is accused of sending several text messages and making several phone calls to an individual after being told to stop contacting that person. Clarke was arraigned in Pembroke Town Court on Jan. 23 and then was released under supervision of Genesee Justice. Clarke is due in Pembroke Town Court again on Feb. 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

         Plush Dozier

Plush Kevin Dozier, a 23-year-old Monroe County resident facing a possible lengthy prison term on arson and attempted murder charges, now has a chance to make bail after appearing in Genesee County Court today for the first time in 2020.

New state rules on bail for defendants who have not yet been convicted of a crime took effect Jan. 1, requiring judges to release detainees without bail unless they're accused of a qualifying offense. In those cases, the judge must set the least restrictive amount of bail or bond possible. 

What is "least restrictive" is for the judge to decide.

Dozier is charged with qualifying offenses but is now entitled to some opportunity to make bail.

In this case, Judge Charles Zambito set bail at $100,000 cash, $100,000 bond, or $200,000 partially secured bond.

Previously, Dozier was held without bail, and since his arrest in June, Dozier's confinement has been eventful. He reportedly became more than the Genesee County Jail could handle, so he was transferred to Attica, where he was reportedly held in solitary confinement.

During his confinement, Dozier allegedly damaged jail property and a patrol vehicle, following an outburst in court, and is facing new criminal charges stemming from those alleged incidents.

Dozier is accused of setting a fire at a residence on Maple Street, Batavia, on June 15, and attempting to kill one of the residents there.

The bail review for Dozier followed a hearing where defense attorney Thomas Burns challenged the sufficiency of the grand jury hearing that led to Dozier's indictment on attempted murder and arson. The hearing in July 2018 was during a period of time when a court stenographer was improperly making audio recordings of grand jury proceedings.

The stenographer was using a device on her machine that allowed an audio recording to activate while she typed on her stenography machine. Even though she has 33 years of experience as a court reporter, the technology she was using was fairly new and the issue had never been raised with her before.

The fact that she was recording the proceedings was discovered by happenstance when Assistant District Attorney Shirley Gorman inquired about a transcript on a particular case and the stenographer mentioned she had an audio recording she could check. Gorman immediately informed District Attorney Lawrence Friedman.

The discovery led Friedman to notify the attorneys for a number of defendants. Some of the attorneys have challenged the grand jury proceedings. In all cases so far, Zambito has denied motions to vacate the grand jury proceedings.

Burns had a novel argument today, however. He elicited testimony from the stenographer, Susan Ryckman, that there is a small mic, about the size of a dime, attached with a wire to her machine. That mic would then be potentially visible to witnesses and grand jurors, which might cause them to wonder if the proceedings were being recorded. There is also apparently a mic on her laptop that may actually be the one activated when she is taking stenography.

Grand jury proceedings are supposed to be secret and the identities of witnesses protected.

After questioning whether, under the circumstances, the transcript from the Dozier proceeding could be relied on as accurate, Burns argued that witnesses might not testify as truthfully if they thought their statements were being audio recorded, or that grand jurors may ask different questions, or not ask questions, because their voices might be recorded.

There is no way of knowing, Burns said, if witnesses and jurors noticed the potential for recording and, if they did, if that altered their behavior in any way. 

"The very presence of an electronic recording device could have a negative effect and a detrimental effect on the grand jury process," Burns said.

Burns acknowledges he was being speculative but he said Friedman would also be speculating to argue otherwise.

Friedman said there was no speculation on his part.

"Our position is based on the facts," Friedman said. "The court reporter has 33 years experience and even she doesn't know where the microphone is (on her laptop) and she indicated there is no light on the mic when it's on. There is no evidence to support that speculation. Otherwise, we rely on the court's numerous other rulings."

Zambito said he will make his ruling at a later date.

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       Heidi Schollard

A Batavia woman who stole more than $350,000 from elderly people was making progress until recently on paying restitution, according to District Attorney Lawrence Friedman.

Heidi L. Schollard, 47, of 161 Bank St., was ordered in 2012 to make restitution payments of $500 a month.

Friedman said records indicate Schollard made more than 100 payments, reducing the amount she owes to her victims from $350,729.40 to $335,290.11.

Then the payments stopped.

So she was ordered to appear in court today.

She didn't show up.

A warrant was issued for her arrest.

In 2017, Schollard was having trouble making restitution payments and asked to have the restitution order amended. Judge Charles Zambito kept her restitution at $500 a month.

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by then-County Court Judge Robert C. Noonan.

        Jerrol Newell

A sometimes Corfu resident facing three felonies for alleged strangulation, who has friends and relatives in at least three other states, has a better chance of making bail following a bail review hearing today in Genesee County Court.

Fifty-year-old Jerrol Paul Newell was described in court today by Assistant District Attorney Shirley Gorman as a man who has moved from state-to-state -- Florida, Ohio, North Carolina, even Hawaii -- with a spotty employment history and a lifelong problem with alcohol.  

She said Newell has had multiple DWI arrests, including a felony arrest in 2004, plus a DWI arrest in April where he had a BAC of .20 in the middle of the afternoon and allegedly left the scene of an accident. He also had a forgery conviction in 1996. He owes, she said, $39,000 in back child support payments, and is facing more than $9,000 in restitution from his recent accident.

Newell also lied, she said, to Genesee Justice about owning a home in Corfu.

His previous bail was $50,000 cash, $50,000 bond or $300,000 partially secured bond, which was set by Justice Donald O'Connor in December, before new bail rules took effect, in the Village of Corfu Court.

Newell's attorney, Thomas Burns, asked for either release on Newell's own recognizance or $5,000 bail, citing his client's ties to the community and Newell's own and his family's limited resources. 

Gorman said considering Newell's history, she didn't find the bail set in village court to be excessive. 

"He has an alcohol problem that leads the defendant to exercise extremely poor judgment that could lead him to leave the jurisdiction, especially when he has connections outside the jurisdiction," Gorman said.

Gorman noted that Newell is facing three Class D felony charges of strangulation and his sentence on each charge could be consecutive. She suggested the physical evidence against Newell, including photographs, is compelling.

Judge Charles Zambito, citing New York's bail reform rules, said he was obligated to set the least restrictive bail so he reduced Newell's bail to $7,500 cash, or $7,500 bond, or $75,000 partially secured bond.

    Quinten Edmonds

In Genesee County Court yesterday, Quinten Edmonds, of Rochester, admitted to killing Michael R. Paladino outside of Paladino's Ross Street residence on June 1 after Paladino tried to come to the aid of a woman he apparently believed Edmonds was assaulting.

With the guilty plea, Edmonds avoids a trial next month and gets a sentence cap of 20-to-life in state prison. The possible maximum sentence for the Class A1 felony is 25-to-life.

According to District Attorney Lawrence Friedman, Edmonds made no other statements in a court other than admitting to his crime as Judge Charles Zambito read the facts contained in the grand jury indictment before pleading "guilty."

Edmonds will be sentenced at 9 a.m., Feb. 19.

A trio of shoplifting suspects at Kohl's Department Store allegedly refused to stop for store security.

They left the store; two females were walking on foot near ESL Federal Credit Union, headed toward Home Depot. A male who was with them reportedly left in a Nissan with Georgia license plates.

Both female suspects were said to be wearing black jackets and pants. No description of merchandise allegedly taken from Kohl's.

Sheriff's deputies have the male detained by Five Guys hamburger shop.

Jeanette Lynn Higgins, 43, of Ganson Avenue, Batavia, is charged with endangering the welfare of  a child. She was arrested at 8:20 p.m. on Jan. 3 on Evans Street in Batavia after she allegedly encouraged a juvenile to engage in a physical altercation. Higgins was issued an appearance ticket and is due in Batavia City Court for arraignment on Jan. 21. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Cristal G. Nesbitt, 39, of Vine Street, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- common law; and failure to keep right. Nesbitt was arrested at 12:41 p.m. Nov. 27 on Chase Park in Batavia after being involved in a motor-vehicle accident. She was processed and is due for arraignment in Batavia City Court on Jan. 29. The was was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Connor Borchert.

         Malik Ayala

After a closed-door meeting with Public Defender Jerry Ader and District Attorney Larry Friedman, Judge Charles Zambito emerged from Chambers on Thursday announcing that 27-year-old Malik Ayala was accepted into a Judicial Diversion Program that could last seven months or more.

While in the seven-month program, he will also be under the supervision of the Probation Department. Since Ayala entered drug treatment programs in Niagara County and in Genesee County this past fall, he has kept out of trouble and has been clean of drugs and alcohol and has avoided sentencing.

Ayala has already accepted a plea deal and has pled guilty to a felony burglary charge.

He was picked up on Nov. 15, 2018, in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision in the incident. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Today, Malik Ayala told Judge Zambito that he was thankful to Horizon and the Court for allowing him to attend the treatment centers.

“I was a knucklehead," he said. "I was on drugs but now I am clean, living out of town and my mind is focused. I want to say I’m sorry to the community for my past.”

Judge Zambito warned Ayala that if he doesn’t toe the line he will go to prison.

“This is just the first step,” Zambito said. “I will be monitoring you in the diversion program and on probation, I can sentence you to seven years if you mess up.”

Malik Ayala was convicted on a burglary charge in 2010 after violating his probation. He served a state prison term after being sentenced to one to four years.

Friedman disagreed with the idea of the diversion program.

“Based on his history, he went to prison for burglary and graduated to residential burglary, I feel state prison is appropriate,” Friedman said.

Ader told the court that his client is eligible for the program and he has kept up with his treatments and there are no new crimes that have been committed.

“Mr. Ayala knows if he messes up he could face seven years in prison and I think that speaks volumes,” Ader said.

Temporary orders of protection were extended until Jan. 16, 2021.

Judge Zambito wished Ayala luck as he left the courtroom.

The sentencing was adjourned to Aug. 11 at 9 a.m., but the sentencing date could get pushed back again depending on what the diversion program advises at the end of seven months.

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Press release:

The Batavia Police Department has been investigating several cases where credit card numbers have been used fraudulently at businesses in the City of Batavia.

The suspect will not have the physical credit card but will ask the clerk to type in the numbers manually. The transactions will be initially approved, allowing the suspect to obtain the items from the business, but will be declined approximately a month later.

Business insurance will typically not cover the transactions, which means the business is out of the money.

The best practice for businesses to help prevent this type of fraud is to ensure customers have the physical credit card with them and to ask for identification with every card transaction, making sure the names on both the ID and card match.

The cases are ongoing so further details cannot be released at this time.

Anyone with information in reference to the case may contact: Detective Sgt. Matthew Lutey at 585-345-6365; or the Batavia Police Department at 585-345-6350; the confidential tip line at 585-345-6370; or online here. 

2018 mugshot of Cleveland Johnson

The driver of a rented Chrysler 300 that slammed sideways into a tree in the Village of Alexander yesterday was apparently a member of a nationwide criminal enterprise known as the "Felony Lane Gang."

The gang members, often recognizable by their gold teeth, are known to smash into parked vehicles and then use stolen debit cards to obtain cash from bank accounts. When going to a bank, they use the lane furthest from the bank building, which makes it harder for security cameras to pick up identifying information. That lane is known as the "Felony Lane," hence the gang's name. 

Cleveland D. Johnson, 22, of Lauderdale Lakes, Fla. was pronounced dead at the scene of the crash. The vehicle he was driving was stopped for a traffic violation in the Village of Warsaw but Johnson hit the gas after the police officer exited the patrol car and headed west on Route 20. At Varysburg, he turned north and an Attica PD patrol spotted the vehicle on Route 98 and attempted to pursue but soon broke off the pursuit because of the high rate of speed of the white Chrysler. Johnson lost control of the sedan as he entered the village and the car wrapped around a large tree in front of a residence on Main Road.

Johnson, according to Chief Deputy Brian Frieday, did have gold teeth.

One of Johnson's passengers, Clyde A. Frazier, 24, of Ft. Lauderdale, Fla., was seriously injured in the crash and remains in guarded condition (meaning he is in the intensive care unit) at Strong Memorial Hospital. A social media profile for a Clyde Frazier in Ft. Lauderdale shows multiple pictures of a young man with gold teeth.

The other passenger in the vehicle, Desarae N. Steriotis, 33, of Philadelphia, was taken by Mercy Flight to ECMC. Frieday said as of today, her injuries are no longer considered life threatening.

Frieday said investigators are still developing information about the suspects and didn't have anything to add about their activities in the area.

Johnson was arrested in Greenburgh, N.Y., in January 2018, along with three other individuals, who were all accused of being part of the "Felony Lane Gang." One of the other suspects, Tyrone Parker, bared his gold teeth for his mugshot.

The four people were suspected of taking part in a crime spree throughout New England and Upstate New York. At the time of their arrest, they were reportedly found in possession stolen checks, dozens of stolen credit and debit cards, and 25 stolen licenses from several different states.

In July, Johnson was arrested in Watervliet, along with two other suspects, charged with criminal possession of a stolen substance, a felony, and criminal impersonation, a misdemeanor.

The Felony Lane Gang is reportedly based in the Ft. Lauderdale area but operates nationally. There have been crimes and arrests reported in nearly every one of the lower 48 states.

Our news partner, 13WHAM reports that Frazier has a criminal record in Florida.

Renee Suzanne Symonds, 51, of Cedar Cove Trail, Rochester, is charged with third-degree assault and second-degree harassment. Symonds was arrested after an investigation at Batavia Downs Casino & Hotel on Park Road in Batavia. She allegedly attacked two security guards at 4:58 p.m. on Jan. 13 after refusing to leave the property. She is due in Batavia Town Court at 1 p.m. on Jan. 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy David Moore.

Marissa Nicole Lehto, 30, of Liberty Street, Batavia, is charged with grand larceny. She was arrested and is due to answer the charge today (Jan. 14) in Batavia City Court. She is accused of taking a wallet containing a credit card from a purse that did not belong to her at 6:10 p.m. on Jan. 27, 2019, on Main Street in Batavia. The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Peter Flanagan.

David James Leroy, 27, of Gabbey Road, Pembroke, is charged with second-degree harassment. At 6:17 p.m. on Jan. 12 he was arrested on West Main Street Road in Batavia. Leroy allegedly responded to another person's place of employment in the Town of Batavia after being told to cease contact with that person. He was released on an appearance ticket for Jan. 16 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

John Frederick Macintyre, 67, of Linwood Road, Le Roy, is charged with: driving while intoxicated; speed not reasonable and prudent; failure to keep right; and DWI with a BAC of .08 percent or more. He was arrested at 8:13 p.m. on Linwood Road in Le Roy after the investigation of a property damage accident. Macintyre was issued traffic tickets and is due in Le Roy Town Court on Feb. 4. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Andrew Mullen.

Michael Todd Swiatowy, 48, of Hartshorn Road, Batavia, is charged with driving while intoxicated and refusal to take a breath test. Following an investigation at the scene of a domestic incident, Swiatowy was arrested and arraigned in Batavia City Court. He is due to return to court on Feb. 18. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy James Stack.

Michael Andrew Coleman, 44, of Post Avenue, Rochester, is charged with third-degree bail jumping and aggravated unlicensed operation in the second degree. At 2:30 a.m. on Jan. 11, Coleman was turned over to the Genesee County Sheriff's Office by Monroe County County deputies. He was arrested for having an outstanding arrest and bench warrant out of Town of Alabama Court, where he was arraigned then released on his own recognizance. Coleman is due there again on Jan. 15. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro.

From the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office would like to again advise residents that they have received several complaints over the past week involving the theft of motor vehicles and the theft of articles from vehicles parked in private driveways and lots.

These larcenies have occurred mainly during the overnight hours.

Residents are reminded to keep their vehicles locked, remove keys from vehicles, and to report any suspicious activity that they observe to 9-1-1.

The man who proclaimed his innocence for months, even while running for re-election to Congress, only to eventually plead guilty to insider trading charges, should spend up to five years in prison, according to his prosecutors.

The Washington Post reports that Manhatten U.S. Attorney Geoffrey Berman is asking a judge to send Chris Collins, now residing in Florida, to federal prison for an extended sentence "to promote respect for the law" and "to provide just punishment."

Collins will be sentenced on Friday.

The former NY-27 representative got into trouble after regulators realized his son Cameron Collins dumped more than $700,000 in stock in an Australian company, Innate Immunotherapeutics, just before news went public of a failed clinical trial.

Cameron's now-former future father-in-law also engaged in a sell-off of the stock at the same time.

An investigation by the FBI revealed that Chris Collins, the first congressman to endorse Donald Trump for president, called Cameron from the White House lawn minutes after receiving news of the failed trial from the company CEO. Chris Collins was one of the company's largest shareholders and served on the board of directors.

Collins later lied to the FBI about his involvement in the insider trading scheme.

After campaigning with a promise that he would be fully exonerated, and refusing public appearances and interview requests throughout much of the 27th District, the multimillionaire pled guilty in Federal Court in September.

Both Cameron and Stephen Zarsky, the father of Cameron's one-time fiancée, have also entered guilty pleas.

In a prior court filing, attorneys for Chris Collins pleaded for leniency from the judge, stating Collins “has paid a heavy price for his crimes. He is, and will forever be, tortured with the knowledge that his actions have caused his son, to whom he always aspired to be a role model, to live with the stain of a felony conviction, and perhaps serve time in prison."

Berman doesn't think Collins has had paid a sufficient price for his crimes.

“As a member of Congress at the time that he committed the offenses in this case … Collins was better situated than almost anyone else to understand the societal importance of following the law,” the prosecutor said his filing. "Collins came to embody the cynical idea that those in power who make the laws are not required to follow them.”

Photo: File photo of Chris Collins and his wife, Mary Sue, at an August 2018 press conference in Buffalo where Collins proclaimed his innocence following his arrest in New York City and then refused to take questions from reporters.