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Thursday, July 17, 2014 at 7:41 am

Law and order: Suspect arrested in alleged home invasion assault on Wood Street

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

Nathan L. Royse, 22, of Ross Street, Batavia, is charged with burglary, 1st, criminal mischief, 4th, assault, 2nd, and endangering the welfare of a child. Royse allegedly entered a residence on Wood Street at 10:10 p.m. July 9 with two or three other assailants and assaulted the residents and damaged property. A snow shovel was allegedly used as a weapon. Two people were injured. A child was allegedly present during the assault. Royse turned himself in on the charges.

Samantha Laura Kopacz, 18, of Geise Road, Attica, and a 17-year-old resident of Bailey Street, Cowlesville, are charged with criminal tampering, 3rd. The duo are accused vandalizing Alexander School by writing on numerous windows and doors with window paint and spreading a substantial amount of paper throughout the grounds. 

Christina A. Deluna, 34, of Batavia, is charged with aggravated unlicensed operation. Deluna was was stopped at 12:43 p.m. Tuesday on West Middlebury Road, Town of Middlebury, by a Wyoming County deputy. Deluna was allegedly driving on a suspended license due to a lapse in insurance coverage.

Rachell O. Soggs, 26, of Bank Street, Batavia, is charged with petit larceny. Soggs is accused of stealing a pair of socks from Dollar General.

Troy D. Schimley, 21, of Sandpit Road, Alexander, was arrested on a warrant for alleged failure to appear on a pair of 2 to 6 a.m. parking tickets. Schimley was released on cash bail.

Kelly J. Rhim, 35, of Liberty Street, Batavia, is charged with petit larceny. Rhim is accused of shoplifting from Tops Market.

Juan Antonio Roman Jr., 36, of Portland Avenue, Rochester, is charged with three counts of criminal contempt, 2nd. Roman was allegedly found at the residence of a protected party.

Matthew P. Lenhard, 28, of Corfu, is charged with burglary, 3rd. Lenhard was arrested by State Police for an alleged burglary reported at 2:30 p.m. on March 24. No further details released.

Erica M. Raphael, 29, of Batavia, is charged with petit larceny. Raphael is accused of shoplifting from Kmart.

Roger E. Godfrey, 66, of Le Roy, is charged with unlawful growing of cannabis. Godfrey was arrested on Harris Road on July 11 by State Police. No further details released.

Kavin M. Lampman, 41, of Batavia, is charged with DWI. Lampman was stopped 9:12 p.m. Saturday on Alleghany Road, Indian Falls, by State Police.

Jason M. Thomason, 32, of Wheatfield, is charged with DWI. Thomason was stopped at 11:50 p.m. Saturday on Route 77, Darien, by State Police.

Wednesday, July 16, 2014 at 7:56 am

Pedestrian crossing sign stolen in Village of Elba

post by Howard B. Owens in crime, elba

The pedestrian crossing sign in the Village of Elba was stolen sometime Saturday night.

The village would like it back.

If you have information that can assist, contact the village office at (585) 757-6889 or the State Police at (585) 344-6200.

Tuesday, July 15, 2014 at 11:32 am

Law and Order: Rochester man accused of stealing hedge trimmer from landscape truck

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

Jeffrey Cornell Nelson, 46, of Coretta Scott Crossing, Rochester, is charged with petit larceny. Nelson is accused of stealing a Stihl HS81T hedge trimmer from the rear of a landscape truck while the crew was working at ESL Credit Union. The alleged theft was reported at 11:32 a.m. Monday.

Paul Robert Benson, 33, of Sprucewood Terrace, Williamsville, is charged with felony DWI, felony driving with a BAC of .18 or greater, uninspected motor vehicle and following too closely. Benson was stopped at 11:46 p.m. July 2 on Genesee Street, Darien, by Deputy Kevin McCarthy.

Monday, July 14, 2014 at 2:56 pm

Law and Order: Keeney Road resident accused of grand larceny

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

James Joseph Argento, 36, of Keeney Road, Le Roy, is charged with grand larceny, 3rd. Argento allegedly stole property with an approximate value of $5,000 from a location on Keeney Road, Le Roy. Argento was jailed on $10,000 bail.

Arlin Joselin Reyes, 31, of Townsend Avenue, Bronx, is charged with harassment, 2nd. Reyes was arrested on a warrant out of Darien Town Court. The incident was reported at 5:30 a.m., Nov. 24. Reyes was arraigned on the charged, entered a guilty plea, paid his fines and was released.

Abraham Lyn Rendon-Matadamas, 31, of Lewiston Road, Alabama, is charged with assault, 3rd. Rendon-Matadamas allegedly struck another person in the face. The alleged victim was treated at Medina Hospital. Rendon-Matadamas was arraigned in Town of Alabama Court and released on his own recognizance. He was also handed an order of protection. 

Devon Michael Husted, 16, of Broadway Road, Alexander, is charged with criminal sale of marijuana, 5th, and unlawful possession of marijuana. Husted allegedly sold marijuana while at Darien Lake Theme Park.

Michael Anthony King Jr., 16, of Oakfield, is charged with first-degree sexual abuse and endangering the welfare of a child. King is accused of sexual contact with a child less than 11 years old. He was arraigned and released under supervision of Genesee Justice.

Derek G. Thomas, 37, of Bank Street, Batavia, is charged with endangering the welfare of a child and menacing, 3rd. Thomas was allegedly involved in an incident at 9:30 p.m. July 6 on Lewis Place. He is accused of shoving one person and threatening another. 

Alicia May Lyons, 34, of State Street, Batavia, is charged with petit larceny. Lyons is accused of wrapping several items in her coat while at Tops Market and then proceeding out of the store without paying for the items.

Thomas C. McJury, 48, of Brooklyn Avenue, Batavia, is charged with deteriorated roof covering. McJury was arrested on a City Court warrant stemming from an alleged property maintenance code violation. McJury posted bail and was released.

Emily N. Indovina, 19, of Erie Street, Mt. Morris, is charged with trespass. Indovina is accused of going to a residence she was advised not to visit by a Batavia PD officer the day before.

Konstantin Logvinsky, 28, of Middlesex Road, Rochester, is charged with aggravated unlicensed operation, 3rd. Logvinsky was arrested on a warrant, posted bail and was released.

Alexandria C. Pisarek, 21, of Oakfield, is charged with criminal possession of a controlled substance, 7th. Pisarek was arrested by State Police at 2:42 p.m. Saturday in the Town of Batavia on Route 33. No further details released.

Dominique D. Davis, 21, of Rochester, is charged with issuing a bad check. Davis was arrested by state police. No further details released.

Monday, July 14, 2014 at 11:15 am

Five arrests reported at Lynyrd Skynyrd concert at Darien Lake

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

The following people were arrested by the Genesee County Sheriff’s Office during the Lynyrd Skynyrd/Bad Company concert at Darien Lake Performing Arts Center on Sunday.

Fawn Dockstader, 27, of Council House Road, Alabama, was charged with disorderly conduct after allegedly causing a disturbance at the concert venue. Dockstader was arraigned in Darien Town Court and remanded to jail in lieu of $350 bail.

Ryan J Faulhaber, 20, of Willardshire Road, Orchard Park, was charged with charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Jessica K. Olewniczak, 18, of Briarwood Drive, Lancaster, was charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Joseph M. Eck, 46, of Benson Avenue, West Seneca, was charged with disorderly conduct after allegedly fighting in the concert parking lot.

Patrick L. Eck, 50, of Eden Street, Buffalo, was charged with disorderly conduct after allegedly fighting in the concert parking lot.

Maxwell J. Cywinski, 18, of Lafayette Avenue, Buffalo, was issued a ticket for possession of a fictitious license after allegedly being found in possession of a fictitious Massachusetts license.

Henry J. Hager IV, 18, of Westgate Drive, East Aurora, was issued a ticket for possession of a fictitious license after allegedly being found in possession of a fictitious Massachusetts license.

Nicola I. Marcucci, 18, of Highland Avenue, Buffalo, was issued a ticket for possession of a fictitious license after allegedly being found in possession of a fictitious Massachusetts license.

UPDATE: There were three tickets issued for alleged under-age drinking.

Sunday, July 13, 2014 at 9:10 pm

State Police looking for information about ATV stolen from family on Old Creek Road

post by Howard B. Owens in alexander, crime

This little boy misses his parents' ATV (mom and dad miss it, too). It was stolen sometime after June 28. The location of the theft is Old Creek Road, Town of Alexander. It's a 2012 Honda Rancher 4x4 420 CC, green in color. It may have a camouflage duffle bag strapped to the rear rack. License plate, NY 17JF11.

The case is being investigated by Trooper Ryan Dulkiewicz. If you have information that can assist with the return of the ATV, call the Batavia Barracks of the State Police at (585) 343-2200 and tell the dispatcher you're calling about case #5760588.

Sunday, July 13, 2014 at 3:14 pm

Among those arrested at Jason Aldean concert, man accused of stealing security golf cart and driving drunk

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

The following people were arrested by the Genesee County Sheriff's Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Saturday.

Aaron F. Acker, 32, of Martha Avenue, Buffalo, was charged with DWI, driving with .08 percent or more BAC, unauthorized use of a vehicle, and resisting arrest after allegedly taking and driving a golf cart intoxicated without permission and then resisting arrest.

Cody J. Williams, 25, of County Road 36, Freedom, was charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. Williams was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail. Additional charges may be pending.

Matthew J. Beaudet, 21, of North Park, Buffalo, was charged with criminal trespass, 3rd, after allegedly jumping a fence into the backstage area of the concert venue. Beaudet was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Joshua S. Watkins, 23, of Oak Orchard, Road, Albion, was charged with DWI, driving with .08 percent or more BAC and following too closely. Watkins allegedly struck several cars while exiting the concert venue. Additional charges may be pending.

Luke P. Donigan, 20, of Trellis Brook Lane, Liverpool, was charged with DWI, driving with .08 percent or more BAC, and unauthorized use of a vehicle after allegedly taking and driving a golf cart in an intoxicated condition without permission.

Tyler J. Winter, 23, of Wilson Drive, Hamburg, was charged with trespass after allegedly refusing to leave the concert venue after being involved in a disturbance in the concert parking lot.

Charles R. Moon Jr., 23, of Ryans Run, Rochester, was charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kelsey M. Davis, 22, of Vine Street, Batavia, was charged with disorderly conduct after allegedly engaging in physical fight inside the concert venue.

Ryan M. Miller, 18, of East Arcade Road, Arcade, was charged with unlawful possession of marijuana after allegedly being found in possession of marijuana, and Miller was issued a ticket for alleged possession of a fictitious ID.

Ashlee L. Darcy, 25, of Park Dale, Buffalo, was charged with harassment, 2nd, after allegedly striking a deputy in the face.

Brian J. Howell, 29, of Pollet Place, Rochester, was charged with disorderly conduct and trespass after allegedly fighting with another concert patron and then reentering the concert venue after being ejected and told not to return.

Sean T. Hawley, 22, of Janes Road, Rochester, was charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Trent R. McDonald, 22, of Hogansburg, was charged with criminal trespass, 3rd, after allegedly reentering into the concert venue after being ejected and told not to return.

Randy R. Rossow, 55, of Main Street, Clarence, was charged with harassment, 2nd, after allegedly punching a Live Nation employee.

Trevor J. Vona, 18, of Mann Street, Buffalo, was charged with criminal  possession of a controlled substance, 7th, after allegedly being found in possession of cocaine.

Friday, July 11, 2014 at 2:25 pm

Previously reported police activity on Jackson Street turns out to be part of planned law enforcement detail

post by Howard B. Owens in batavia, Batavia PD, crime

We now know that all the police activity on Jackson Street the evening of June 26 was more than just a response to an individual seen running behind backyards between Maple Street and Morton Avenue. It was part of law enforcement detail in the area aimed at identifying issues in the neighborhood. 

Earlier this week, the City of Batavia announced the results of the detail.

Police made contact with numerous individuals, some were on parole or probation.

The person seen running through yards was on parole, but not wanted, according to local law enforcement. He was released after none of the property owners who initially called about him wanted to file a trespass charge. Police are unsure why he decided to run and try to hide from law enforcement, if that is indeed what he was doing.

There have been complaints from citizens on The Batavian and on Facebook that they had their vehicles stopped for no or flimsy reasons, but Chief Shawn Heubusch said all traffic stops were made in accordance with guidelines related to probable cause. 

"Each traffic stop was conducted legally and with probable cause," Heubusch said in an e-mail response to our questions. "As for the probable cause for each I do not have that information. We do not generally keep track of that information unless an arrest is made (DWI for example)."

We asked about the probable cause for the 59 "data runs" reported in the press release.

Heubusch said, "As for the "data runs," these are done routinely when checking license plates or driver's license info, for any wanted-person info, or stolen vehicle, for example. New York State does not require probable cause to run a license plate attached to vehicle."

We asked for the arrest reports/press releases on each of the three arrests reported during the sweep and Heubusch said he would think those arrests would have been reported previously by each of the agencies making the arrests, but he would have to research that further.  

The detail is part of a plan announced earlier this year in keeping with the city's strategic plan, which calls for revitalizing neighborhoods. The effort is designed to identify problems and deal with them before they grow into something bigger.

Thursday, July 10, 2014 at 11:18 pm

Former nurse convicted for second time of stealing $14K from employer

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

It took a jury all of 30 minutes to return a guilty verdict against former Bergen resident Michele Ann Case of grand larceny in the third degree.

This is the second time a jury in Genesee County has found Case guilty of stealing more than $14,000 from her former employer, HomeCare & Hospice.

The first conviction, in March 2012, was overturned on appeal because state justices found that summations of her thefts were improperly prepared and presented to the jury.

Case, 47, was represented in this trial by attorney Larry Koss, who argued before the jury in closing statements this afternoon that the extra compensation received was all just a big misunderstanding.

"The fact that there are discrepancies doesn't mean anything was done intentionally," Koss told the jury. "People make mistakes. I submit to you, if you're in the profession she's in, your primary concern has to be your patients. If you want to be a good nurse, you want to care for your patients. They have to be your primary concern. They have to be what you pay attention to."

District Attorney Lawrence Friedman told the jury that the evidence was clear: Case submitted claims for "call outs" (patient visits supposedly outside of regularly scheduled hours) during her normal work shift; that she submitted claims for call outs that she didn't make; and that she claimed mileage that was greatly exaggerated.

Koss said it was a lack of proper training and clear policies that caused Case to submit inaccurate claims for compensation.

There's nothing in the polices that define what allowable mileage is (to which Friedman responded during his close, "I think the answer is you're expected to record mileage truthfully."

During her employment with HCH, Case submitted 61 mileage claims. Of those, Friedman said, 60 of them contained wildly inflated mileage, up to 100, 200 and 300 more miles than Case possibly could have driven.

For a trip to Crossroads House on Liberty Street from the HCH office on East Main Street, Batavia, Case claimed 30 miles.

When confronted by Det. Charles Dudek (now retired) about the discrepancy, Case claimed at one point her trip that day originated in Warsaw, but even those miles -- combined with the side trips she claimed -- didn't add up, Friedman said.

When she went to Delavan for training, Case claimed mileage that was nearly double the actual trip, even using the longest possible route offered by MapQuest for the drive, Friedman said.

That didn't happen just once, but twice.

Case told Dudek that she forgot to reset her trip counter on her odometer and didn't realize her mistake when submitting her mileage reports.

Friedman said the pattern of Case's inflated claims made it quite clear she was trying to increase her compensation illegally.

On 69 occasions, Friedman said, Case claimed compensation for call-outs during what should have been her normal, salaried working hours. Those claims alone totaled $5,300 in extra compensation.

"There is one common scheme to illegitimately and illegally increase what she saw as her insufficient income," Friedman said.

To Koss's argument that HomeCare & Hospice neglected to spot and correct Case's false claims for two and a half years, Friedman said such fraudulent claims went undetected because they were unexpected.

"The defendant was a registered nurse," Friedman said. "She's a professional and they expected her to be professional and honest when she documented her claims, and it turned out, they couldn't count on that."

At the start of his summation, Koss quoted Oscar Wilde.“The truth is rarely plain and never simple.”*

The case against his client, he said, was complicated and obscured by poorly written policies and inadequate training.

Friedman said at the close of his summation, that actually, the facts of the case were pretty straightforward.

"The plain and simple truth is this defendant stole more than $14K by falsifying time vouchers and mileage records," Friedman said.

With uncommon speed, the jury reached the same conclusion.

NOTE: Wilde's correct quote is, “The truth is rarely pure and never simple.”

Thursday, July 10, 2014 at 10:26 pm

Batavia PD investigating report of disturbance at State and Lewis

post by Howard B. Owens in batavia, crime

Batavia PD is responding to State Street and Lewis Place for a report of a disturbance.

The initial call was for a group of people making a lot of noise. Minutes later, a follow-up call said people were fighting.

When the first patrol arrived on scene, the officer said members of the group fled. Some headed toward Bank Street, some are said to be heading north on State Street.

Multiple police units responding.

UPDATE 10:29 p.m.: An officer reports he's out with several individuals at State and Lewis.

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