Skip to main content
Tuesday, January 27, 2015 at 8:56 pm

Attorney for Jacquelyn Deats plans series of pre-trial appeals to get charge dismissed

post by Howard B. Owens in batavia, Baby Chandler, crime
Jacquelyn Deats

The Batavia woman who at one time thought she was the grandmother of a baby who died while reportedly in her son's care should have the criminal charge against her dismissed, her attorney will argue in a series of motions that will be filed March 3.

Jacquelyn Deats is charged with endangering the welfare of a child, under the theory that she took no action to seek medical attention for 6-month-old Chandler Zuchs before he died Dec. 10.

Court documents that were available at the time -- and have since been sealed -- contained statements by Jacquelyn Deats and her son Jeffrey Deats that seem to indicate the once-presumed grandmother was alone with Baby Chandler and noticed something wrong, but didn't call for an ambulance.

When Jeffrey Deats came downstairs that morning, he found Baby Chandler unresponsive. It was then that 9-1-1 was called.

Baby Chandler, according to later medical examiner reports, died of brain injuries.

Jeffrey Deats, who seems to have believed he fathered Chandler with Michelle Zuchs (aka Michelle Denise), was charged with manslaughter.

In Facebook and Twitter posts, prior to Chandler's death, he displayed a good deal of pride and affection for little Chandler.

While confined to the Genesee County Jail, Deats learned he wasn't Chandler's father.

A week after Chandler's death, Deats attempted to hang himself in his cell with bedsheets. He later died at ECMC.

Jacquelyn Deats appeared in court today with her attorney Thomas Burns and entered a not guilty plea to the charge of endangering the welfare of a child.

Burns, always aggressive on behalf of his clients, plans to file several motions aimed at either getting the charges dismissed or his client's statements surpressed.

Outside of court, Burns said he plans to challenge the legal sufficiency of the charge as well as bring a motion to dismiss the charge in the interest of justice.

A dismissal in the interest of justice has legal precedent and is predicated on a series of legal tests the judge must consider. 

"The case meets all the criteria for dismissal," Burns said. "(The motion) doesn't necessarily look at the merits of the case, but at the person's background, culpability, lack of criminal record, lack of a drug problem, factors such as no need for rehabilitation, no protection of the community issues. You put it all together and argue that the charge should be dismissed."

Burns has yet to see any evidence in the case, which could also be a factor in his series of motions.

With the Jeffrey Deats case sealed, it's unclear if Burns will have access to the medical records and police reports.

The case was sealed by Judge Robert Balbick under New York Law that requires cases to be sealed when a criminal case is resolved in the defendant's favor. With the death of Jeffrey Deats, the charges against him were dismissed.

Monday, January 26, 2015 at 12:06 pm

Law and Order: Brother and sister charged in alleged choking incident

post by Howard B. Owens in batavia, byron, corfu, crime, elba, Oakfield, Pavilion

Julian Munoz, 63, of Transit Road, Elba, and Carmelina Chavez, 47, of Drake Street, Oakfield, are charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Munoz and Chavez, brother and sister, allegedly choked and pushed a victim down a flight of stairs. 

Heather Jaye Interlicchia, 55, of Ramona Street, Rochester, is charged with possession of more than 400 untaxed cigarettes. Interlicchia was stopped for an alleged traffic violation at 12:08 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Windfield L. Marshall, 44, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to pay fine on a parking violation. Marshall turned himself in and posted $25 bail.

Khadijah Azizza Davis, 23, of Arnett Boulevard, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, unlicensed driver and speeding in zone. Davis was stopped at 11:49 p.m. Wednesday on Clinton Street, Batavia, by Officer Jason Davis, for allegedly driving 47 in a 30 mph zone. Davis was jailed on $1,000 bail.

Kasean L. Shannon, 22, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Shannon was allegedly found in possession of marijuana during police contact with Officer Marc Lawrence while on Washington Avenue at 1:37 p.m. Wednesday.

Chana J. Mitchell, 22, of Prospect Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Mitchell turned himself in and jailed on $200 bail.

Joseph Michael Marceill, 47, of Pringle Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while registration suspended or revoked charge. Marceill turned himself in, was arraigned and released on his own recognizance. 

Cynthia C. Richardson, 35, of Maple Street, Batavia, is charged with a curfew violation. Richardson was arrested after police responded to a report of a fight at 1:29 a.m. Saturday on Court Street. Richardson's 14-year-old son was allegedly located on Evans Street near Ellicott Street at 1:34 a.m.

Donna A. Cocoran, 41, of St. Mary's Street, Pavilion, is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, and suspended registration. Cocoran was stopped at 12:49 p.m. on Elm Street, Batavia, by Officer Eric Foels.

Samuel J. Barber, 20, of Bank Street, Batavia, is charged with unlawful possession of alcohol under age 21. Barber was arrested following a complaint of a party at 12:32 a.m. Sunday on Bank Street, Batavia. Barber was allegedly hosting the party along with two other individuals. Also charged were Abdullah B. Diallo, 19, of Bank Street, Batavia, and Seanmichael G. Kidder, 19, of Bank Street, Batavia.

Robert Jean Jackson, 38, of Albert Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding in zone and failure to change address on license. Jackson was stopped at 1:17 a.m., Saturday, on Main Street, Oakfield, by Deputy Joseph Corona.

Justin L. Sanders, 23, of Byron, is charged with grand larceny, 3rd. Sanders was arrested by State Police and jailed on an unspecified bail. No further information released.

Allison A. Sobczak, 23, of Batavia, is charged with DWI and aggravated DWI. Sobczak was stopped at 11:02 a.m. Friday in the Town of Batavia by State Police.

UPDATE: Later today, State Police put out a press release on Sobczak's arrest.  Here's a portion of it:

Sobczak arrived to the Batavia barracks to file a complaint when Troopers smelled an odor of alcoholic beverage coming from her. After her verbal admission that she drove to the barracks, she was detained for a DWI investigation. After Sobczak failed the Standardized Field Sobriety Tests, she was placed under arrest for DWI. 

Sobczak was arrested and escorted back to the patrol room where she registered a BAC of .24%. She was issued citations returnable to the Town of Batavia Court on January 29, 2015.

Katrina M. Jones, 46, of Buffalo, is charged with conspiracy, 5th, and grand larceny, 4th. Jones was arrested by State Police and held on an unspecified bail. No further information released.

Christopher F. Bragg, 29, of Corfu, is charged with grand larceny, 3rd, and scheme to defraud, 2nd. Bragg was arrested by State Police. No further information released.

Thursday, January 22, 2015 at 12:56 pm

Le Roy couple charged in vehicle thefts

post by Howard B. Owens in crime, Le Roy
Lauren Charache Duane Charache

Two people have been arrested in connection with a series of vehicle thefts in Le Roy, but the arrests only potentially solve two of the crimes, according to Le Roy PD.

Lauren E. Charache, 35, and Duane J. Charache, 31, both of 115 Myrtle St., Le Roy, are charged with criminal possession of stolen property, 3rd, two counts of criminal possession of stolen property, 4th, and one count of criminal mischief, 4th.

Batavia PD first arrested Lauren Charache on Jan. 8 after she was allegedly found in possession of a stolen vehicle. She was charged in Batavia of criminal possession of stolen property, 2nd.

Le Roy investigators say Lauren possessed the same vehicle on that same day in the Village of Le Roy, leading to another criminal possession of stolen property charge.

Both Duane and Lauren possessed one of the vehicles, police say, and it was allegedly damaged through reckless use. The value of the damage exceeds $250.

A third vehicle theft remains under investigation.

Lauren was jailed on $10,000 bail and Duane was released under supervision of Genesee Justice.

Thursday, January 22, 2015 at 12:52 pm

Fight in front of convenience store on East Main Street, Batavia

post by Billie Owens in batavia, crime

A "physical disturbance" is reported by a passerby in the parking lot of the convenience store at 505 E. Main St. in the city. A hispanic female and several black males are allegedly involved. Police are responding.

Thursday, January 22, 2015 at 12:22 pm

Knifepoint robber facing possible 15 years in prison after guilty plea

post by Howard B. Owens in batavia, crime
Robert Propst

A Batavia man with several prior arrests admitted in County Court on Wednesday to stealing another person's wallet at knifepoint in August.

Robert J. Probst, 34, of Maple Street, pled guilty to robbery, 2nd. 

As a prior felony offender, he faces up to 15 years in prison.

Probst was arrested in October, accused of confronting a 22-year-old victim on Pearl Street and taking his wallet.

Over the past few years, Probst has been arrested on various lesser charges in Batavia, but his prior felony offense for sentencing purposes is a 2002 robbery of a business in Batavia.

Thursday, January 22, 2015 at 11:23 am

Law and Order: Rochester resident accused of breaking into home, stealing phone

post by Howard B. Owens in batavia, crime

Leslie R. Parris, 32, of Manor Parkway, Rochester, is charged with burglary, 2nd, robbery, 3rd, and criminal mischief, 4th. Parris was picked up on a warrant stemming from an alleged Nov. 26 incident in which Parris is accused of making forced entry into a residence and stealing a mobile phone. Parris was held without bail pending another court appearance.

Andrew Hollis Nickerson Jr., 26, of Livingston Avenue, Jamestown, is charged with unlawful possession of marijuana, uninspected motor vehicle and driver's view obstructed. Nickerson was stopped at 8:20 a.m. Wednesday on East Main Street, Batavia, by Deputy Patrick Reeves.

Joseph C. Jeffords, 23, of Ross Street, Batavia, was arrested on a warrant stemming from a petit larceny charge. Jeffords turned himself in. He allegedly failed to appear on the charge previously. He was jailed on $1,000 bail.

Gregory A. Cole II, 22, of New York Street, Rochester, was arrested on a warrant for alleged failure to appear on a theft of services charge. Cole was located by Rochester PD and turned over to BPD. He was arraigned and jailed on $1,000 bail.

Woodrow C. Horseman, 38, no permanent address, Batavia, was arrested on a warrant stemming from a criminal possession of a weapon, 4th, charge. Horseman allegedly failed to comply with conditions of treatment court, so a warrant was issued for his arrest. Horseman was spotted by Officer James Defreze and Det. Eric Hill walking on Ellicott Street and was taken into custody. He was jailed on $100,000 bail.

Ricky A. Marsceill, 50, of East Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a traffic summons. He was located at his residence and taken into custody. He was jailed on $300 bail.

Kristine Szumigala, 41, of Batavia, and Michael A. Balla, 39, of Machias, are charged with conspiracy, 6th, and unlicensed operation, 2nd. A car was reported off the road on State Route 39 in the Town of Castile at 9:09 p.m., Jan. 16. Deputy Aaron Chase, Wyoming County Sheriff's Office, responded to the scene. Szumigala and Balla are accused of conspiring to lie about who was driving the vehicle at the time of the accident. Balla was charged with third-degree unlicensed operation, second-degree aggravated unlicensed operation, and unsafe lane change.

Wednesday, January 21, 2015 at 1:26 pm

Former 420 Emporium owner pleads guilty to federal drug charge

post by Howard B. Owens in batavia, bath salts, crime

A 39-year-old Rochester man has admitted in federal court that he sold drugs commonly known as bath salts in Batavia and other communities and faces a maximum prison term of 30 years or $2 million fine or both.

Charles Fitzgerald entered a guilty plea to possession of a controlled substance with intent to distribute before U.S. District Court Judge Frank P. Geraci Jr.

As part of the plea, Fitzgerald admitted to ownership of the 420 Emporium, once located on Ellicott Street, where substances known as Amped, Pump It, Da Bomb and Mr. Happy were sold.

Shortly after the store opened in the Spring of 2012, local law enforcement officers were responding to a series of calls dealing with people engaging in bizarre behavior. 

By the summer, a number of local residents joined in pickets in front of the store and a rally against bath salts held at a local business.

Federal officials responded as part of a nationwide crackdown on bath salts July 25, 2012, with a raid of the Batavia location as well as Fitzgerald's other 420 Emporium locations.

Fitzgerald lived with Amber Snover, who had previously listed herself on Facebook as the owner of at least two of the 420 locations. Snover was also arrested and agents seized $771,109 in cash at their residence at 221 West Hills Estates, Greece.

The arrests of Fitzgerald, Snover, Joshua Denise (who was listed on state documents as the owner of the Batavia location) and Michelle Condidorio, an employee in Batavia, was the culmination of an investigation that involved undercover buys and an unnamed informant seemingly within Fitzgerald's inner circle.

The substances Fitzgerald sold were synthetic drugs, compounds devised by clandestine laboratories to mimic the highs produced by illicit drugs such as meth, cocaine and marijuana.  

Bath salts were blamed on a rash of unusual behavior across the country, including reports of naked men eating the faces of victims.

Prior to the raids, the federal government listed the known synthetics of the time as analogues to controlled substances, making sales and possession illegal.

While bath salts are known to cause issues locally, including emergency room visits and even possibly one death, bath salt incidents locally dropped off dramatically after the raid and closure of the 420 Emporium.

Three 420 Emporium employees have pled guilty to federal charges and are awaiting sentencing.

“This case demonstrates how by working together, the community and law enforcement can improve the quality of life for all,” said U.S. Attorney William Hochul. “In this case, a rash of emergency room visits due to overdoses of synthetic drugs was brought to our attention by concerned members of the community, including the media. Law enforcement immediately engaged, and within several months, was able to execute search warrants throughout Western New York and make arrests of those selling such illegal and highly dangerous substances. With this conviction, we are able to report that the entire investigation was a success.”

Fitzgerald will be sentenced at 3 p.m. on April 15 by Judge Geraci.

The Batavian provided the most comprehensive, and fastest-breaking news coverage of the bath salt issue in Western New York in 2012. For an archive of those stories, click here.

PHOTO: File photo of cash and drugs seized by federal agents in the raids on July 25, 2012, of the 420 Emporium stores and the owner's residence.

Wednesday, January 21, 2015 at 11:57 am

Law and Order: A pair of arrests

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

A 16-year-old resident of Sandpit Road, Alexander, is charged with criminal contempt, 2nd. The youth is accused of confronting a protected person while at Alexander Central School at 7:38 a.m., Tuesday.

Shelley A. Fox, 33, of West Main Street, Batavia, is charged with DWI, driving with a BAC .08 or greater and operating in violation of a conditional license. Fox was stopped at midnight Tuesday on East Main Street, Batavia, by Officer Darryle Streeter.

Tuesday, January 20, 2015 at 10:43 am

Law and Order: Call about suspected drug use leads to arrest

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

Zachary Jordan Franclemont, 20, of Indian Falls Road, Corfu, is charged with criminal possession of a hallucinogenic substance, one gram or more, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd. Deputy Kevin McCarthy responded to a suspicious activity report at 12:30 a.m., Monday, at the East Pembroke Arrowmart of a person in a car using drugs. Upon investigation, Franclemont was found in a vehicle allegedly found in possession of cocaine, ecstasy and marijuana. Franclemont was arrested, arraigned and jailed on $20,000 bail. Assisting were Deputy Jason Saile, Sgt. Eric Seppala and Sgt. Greg Walker.

Monday, January 19, 2015 at 11:15 am

Law and Order: Driver accused of fleeing accident on Sandpit Road, Alexander

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

Randall Steven Spring, 29, of Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable and prudent and moving from lane unsafely. Spring was reportedly involved in an accident on Sandpit Road, Alexander, at 12:36 a.m. on Saturday, which was investigated by Deputy Jason Saile.

Heather Daffney Stone, 19, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was arrested on a warrant by RPD and turned over to the Sheriff's Office. She is being held until her next court appearance. No further details released.

Daniel D. Stalica, 70, of Crittenden Road, Alden, is charged with petit larceny and conspiracy, 6th. Stalica was arrested on a warrant out of City Court after being located by State Police in Erie County when troopers made contact on an unrelated matter. He was turned over to BPD and jailed on $750 bail.

Alton G. Williams, 38, of East Avenue, Batavia, is charged with endangering the welfare of a child. Williams was allegedly involved in a physical domestic incident at about 4:15 p.m. Thursday in the presence of a 15-year-old child. Also arrested on the same charge, Tera M. Williams, 41, of East Avenue, Batavia.

Kayla D. Joiner, 22, of West Main Street, Le Roy, was arrested on a warrant for alleged failure to appear. Joiner was stopped by BPD for an alleged traffic violation, arrested, processed and released.

Crystal A. Mounts, 37, of Summit Street, Batavia, is charged with petit larceny. Mounts is accused of shoplifting at Dollar General.

Edward W. Simcoe, 58, of Buffalo, is charged with petit larceny. Simcoe was arrested by State Police at 381 Bloomingdale Road, Basom, and held on an unspecified bail. No further details released.

Premium Drupal Themes