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Wednesday, September 10, 2014 at 6:22 pm

Trial date set in Dashawn Butler case

post by Howard B. Owens in batavia, crime

It looks like Dashawn Butler will get his day in court.

So far, Butler has turned down a plea offer to reduce the top charge against him from a Class C violent felony to a Class D violent felony, so today, Judge Robert C. Noonan set a trial date for Butler of Nov. 17.

Butler still has until Oct. 8 to accept the plea, under Noonan's plea-cut off rules.

The Batavia resident is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony. He's also accused of firing a weapon at another person Sept. 27 on State Street.

Noonan ruled against the defense on a motion to have the charges dismissed. Defense attorney Thomas Burns argued in a hearing two weeks ago that Batavia PD didn't exercise due diligence in trying to locate Butler after a warrant was issued for his arrest in October. That lack of due diligence violated Butler's right to a speedy trial, Burns said. Noonan found that there was not enough evidence that BPD did not try to locate Butler in a timely manner.

The plea offer from District Attorney Lawrence Friedman was unconditional, meaning Noonan would have all the sentencing options available for a person convicted of a Class D violent felony, including a lengthy prison term.

Wednesday, September 10, 2014 at 6:10 pm

Le Roy town supervisor given chance to avoid further prosecution on criminal charges

post by Howard B. Owens in crime, Le Roy

Le Roy's town supervisor, arrested a little more than a year ago on a harassment charge stemming from a dispute with a neighboring property owner, has been granted an opportunity to have the criminal charges dismissed.

Known as "adjudication in contemplation of dismissal" (commonly, ACD), the determination does not include a guilty plea, but does require Supervisor Steve Barbeau to avoid criminal contact with the police for six months.

Barbeau's case was prosecuted by Assistant District Attorney Will Zickl in Bethany Town Court.

While Barbeau was originally arrested on a charge of harassment, the criminal charge was later upgraded to include third-degree assault because of the extent of the injuries suffered by the victim, Peter McQuillen.

ACDs are common in misdemeanor cases involving defendants with a long history of avoiding trouble with the law.

As part of the plea deal, Barbeau was required to pay restitution to McQuillen in advance for medical expenses and lost wages.

The agreement was finalized last month, Zickl said.

The confrontation 13 months ago on McQuillen's property behind Barbeau's residence in the Village of Le Roy stemmed from a long-standing feud related to McQuillen trying to develop the 13-acre parcel.  

Barbeau was part of a successful lawsuit that killed McQuillen's "Robbins Nest" development.

At the time of the confrontation, McQuillen was constructing a red storage shed as close to Barbeau's property line as possible.

The construction of the shed, as well as McQuillen's construction and planned construction of duplexes in the subdivision known as Presidential Acres, are the subject of a second lawsuit that is still pending.

Barbeau is not a party to the second lawsuit, though most of his neighbors are.

Previously:

Wednesday, September 10, 2014 at 2:29 pm

Jacquetta Simmons shows up in court without attorney or financial statements on restitution request

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

On a follow up to her request for smaller monthly restitution payments, Jacquetta Simmons showed up without the two things Judge Robert C. Noonan said she needed today: An attorney and a certified financial statement.

Noonan lectured her briefly on the need to have a proper financial statement, said that he wants to get restitution payments started in this case, and then gave her until Sept. 16 to get her documents together.

And perhaps show up with an attorney.

What Simmons arrived with in court today was a handwritten statement on a blue-lined piece of notebook paper.

"Ms. Simmons, what we need from you is a sworn statement of income and expenses for you and each person in your household," Noonan said. "We need an itemization of all the things you've done while looking for work, not just your conclusionary statement saying you can't find work."

When her case was called, Simmons ambled to the defense table dressed in faded blue jeans and a white T-shirt holding her piece of paper.

Asked about her attorney, Simmons told Noonan that she was under the impression that Key would be in court with her today, and that she spoke with Key after her Aug. 26 court appearance.

In June, the Buffalo News published a report about Key moving from the Buffalo area. His Web site says his office is located in Buffalo.

So when Simmons said she had spoke with him since August, Noonan expressed some surprise.

"Really?" Noonan said. "I thought he left town before that. Perhaps he kept the same cell phone."

Noonan told Simmons she could appear Sept. 16 with or without an attorney. "It's your choice," he said.

Simmons is under court order to make $100 monthly payments in restitution for $2,000 in medical expenses to Grace Souzzi, whom she punched in the face Christmas Eve 2011 after Souzzi asked for a receipt for items Simmons and her brother had purchased earlier at Walmart.

Because she's not working, Simmons has asked that the amount of monthly payments be reduced.

After the brief hearing, Simmons turned from the bench and walked away, mumbling something under her breath.

Tuesday, September 9, 2014 at 8:24 am

Law and Order: Oakfield resident accused of growing marijuana

post by Howard B. Owens in Alabama, alexander, corfu, crime, Darien, Oakfield, Pavilion, pembroke, Stafford

Daniel C. Frey, 50, of Oakfield, is charged with unlawful growing of cannabis and criminal possession of marijuana, 4th. Frey was arrested by State Police at 12:57 p.m. Friday on Klossen Road, Alabama. No further details released.

Jason A. Perry-Murray, 20, of Jackson Street, Batavia, was arrested on warrant for an unpaid parking ticket.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with criminal contempt. Roman is accused of violating a stay away order of protection.

Caitlin A. Hayes, 26, of Dellinger Avenue, Batavia, was arrested on a warrant for failure to appear on a parking ticket. Hayes was arrested following police contact on an unrelated incident.

Elliot R. Sandoval, 38, of Spencer Court, Batavia, is charged with harassment, 2nd. Sandoval is accused of kicking another person in the back while that person was walking down a flight of stairs.

Joseph J. Kostanciak, 24, of unspecified address, is charged with petit larceny. Kostanciak is accused of shoplifting at Walmart.

Sanders A. Kelsey, 27, of Batavia, and Michelle L. Franks, 33, of Batavia, are charged with petit larceny. Kelsey and Franks are accused of shoplifting at Walmart.

Carol A. Bartucca, 55, of Stafford, is charged with DWI and driving with a BAC of .08 or greater. Bartucca was stopped at 10:16 p.m. Saturday on Horseshoe Lake Road by a trooper.

Jeremy D. Eck, 27, of Hornell, is charged with DWI, driving while impaired by drugs and unlawful possession of marijuana. Eck was stopped by State Police at 10:27 p.m. Sunday on Route 20 and Browns Mill Road, Alexander.

Lawrence E. Rutkowski, 50, of Orchard Park, is charged with DWI and driving with a BAC of .08 or greater. Rutkowski was stopped at 12:11 a.m. Monday on Route 20, Alexander, by State Police.

Brett F. Dieter, 36, of Basom, is charged with criminal obstruction of breathing. Dieter was arrested following an investigation of an alleged incident at 8:10 p.m. Sept. 1 on Lewiston Road, Alabama.

Michael R. Sigl, 21, of Batavia, is charged with petit larceny and possession of a hypodermic instrument. Sigl was arrested by State Police following an incident report at 3:32 p.m. Sunday. No further details released. 

Tyler E. Deleys, 20, of Corfu, is charged with criminal mischief, 4th, petit larceny and possession of a hypodermic instrument. Deleys was arrested on Hartshorn Road, Pembroke, by State Police following a report of an incident at 3:32 p.m. Sunday. No further details released.

Steven R. Ryan, 36, of unspecified address, is charged with DWI and refusal to take breath test. Ryan was stopped by State Police at 10:10 p.m. Sunday on Route 77, Pembroke.

Lindsey N. Burdick, 32, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Burdick was stopped by State Police at 11:29 p.m. Sunday on Route 20, Alexander.

Todd L. Frocione, 50, of Syracuse, is charged with DWI and driving with a BAC of .08 or greater. Frocione was stopped by State Police at 11:51 p.m. Sunday on Route 20, Alexander.

Monday, September 8, 2014 at 5:02 pm

Grand Jury: Man accused of damaging jailhouse door, biker accused of DWI

post by Billie Owens in batavia, byron, crime, grand jury indictments

Here are the latest indictments issued by the Genesee County Grand Jury>

Jeffrey M. Black is accused of driving while intoxicated as a Class E felony. It is alleged that on May 25, 2013, hedrove a 2000 Harley-Davidson motorcycle in the Town of Byron while intoxicated. In count two of the indictment, he is accused of driving while intoxicated, per se, as a Class E felony for allegedly having a BAC of .08 or more.

John J. Saddler is accused of criminal mischief in the second degree, a Class D felony. It is alleged that on Aug. 16 in the City of Batavia he acted with intent to damage the property of another person and, having no right to do so nor any reasonable ground to believe that he had such right, damaged the property of another person in an amount greater that $1,500. The damaged property was a glass door at the Genesee County Jail.

Monday, September 8, 2014 at 9:54 am

Six arrests at Tom Petty concert

The following people were arrested by the Genesee County Sheriff's Department during the Tom Petty Concert at Darien Lake Performing Arts Center on Sunday.

Jennifer L. Bishop, 26, of Harmony Avenue, Niagara Falls, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly getting evicted from the concert venue and advised not to return, then reentering the concert venue. Bishop jailed on $100 bail.

Julie A. Biamonte, 37, of Harmony Avenue, Niagara Falls, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly getting evicted from the concert venue and advised not to return, then reentering the concert venue. Biamonte was jailed on $100 bail.

Charles T. Diorio, 30, of Brookwood Drive, Derby, is charged with trespass after allegedly getting evicted from the concert venue, advised not to return, then was said to be climbing the fence to get back into the venue. Diorio was jailed on $500 bail.

A 16-year-old, of Country Road 12, Andover, is charged with possession of a loaded rifle in a vehicle and unlawful possession of marijuana after allegedly possessing a loaded .22 rifle in his vehicle and possessing a quantity of marijuana.

Louis E. Sorendo, 57, of East Albany Street, Oswego, is charged with trespass after allegedly reentering the concert venue after being ejected from the concert and advised not to return.

Daniel A. Howe, 50, of Astor Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, after allegedly possessing a quantity of cocaine.

Monday, September 8, 2014 at 9:44 am

Law and Order: Man spotted trying to hide bin of alleged stolen merchandise behind Target

post by Howard B. Owens in batavia, crime

Jason Daniel Lang, 30, of North Bennett Heights, Batavia, is charged with grand larceny, 4th. Lang is accused of stealing $1,260.37 in electronic equipment from Target. A caller reported seeing a male matching Lang's description hiding a storage bin filled with suspected stolen merchandise in a wooded area behind Target. Deputy Joseph Corona responded and secured the merchandise. He later located Lang hiding behind a garbage dumpster in the parking lot by the Clarion Hotel. Lang was jailed on $1,000 bail.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Walmart.

Daniel DelPlato, 59, of Chandler Avenue, Batavia, is charged with assault, 3rd, and unlawful imprisonment, 2nd. DelPlato is accused of striking another person in the head four or five times with a frying pan and restricting that person's movement without consent during a domestic incident.

Christina A. Deluna, 34, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Police responded to Deluna's residence at 2:12 p.m. Sept. 2 after neighbors reported that she appeared to be acting strange. Officers observed alleged drugs and paraphernalia in her home.

Tyler J. Henderson, 26, of Franklin Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

Joseph C. Jeffords, 23, of York Road, Leicester, is charged with petit larceny. Jeffords is accused of stealing a laptop and returning it to a local retail store in exchange for a gift card.

Friday, September 5, 2014 at 8:33 am

Law and Order: Driver charged in rollover accident on Richley Road, Darien

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

Gregory P. Hamm-Johnson, 24, of Alexander, is charged with reckless endangerment, 2nd, and leaving the scene of a property damage accident. Hamm-Johnson was allegedly the driver involved in an accident on Richley Road, Darien. His vehicle reportedly struck a mailbox. Hamm-Johnson reportedly overcorrected, reentered the roadway and spun sideways and rolled multiple times before coming to rest on the roadway. Johnson then allegedly left the scene of the accident. A search of the area, assisted by Corfu Fire Dpeartment, found there were no people around the accident scene. Hamm-Johnson later turned up at the Batavia Barracks of the State Police to report the accident and said he was the operator of the vehicle. Hamm-Johnson reportedly suffered minor injuries.

Jody M. Buck, of Sloan, is charged with DWI, driving with a BAC of .08 or greater, DWI with a child passenger under age 16 and leaving the scene of an accident. State Police observed a vehicle on Route 5 with front end damage. The car was later identified by Corfu PD as one that matched the vehicle description of a car that ran over a mailbox on Route 77. Parts of the vehicle found at the accident scene reportedly matched Buck's vehicle. Buck allegedly registered a BAC of .14.

Charles Robert Lowe, 50, of East Main Street, Le Roy, is charged with trespass. Lowe was allegedly on another person's porperty without permission at 9:45 p.m., Aug. 19.

Friday, September 5, 2014 at 8:02 am

Four arrests reported at Rascal Flatts concert

The following people were arrested by the Genesee County Sheriff’s Department during the Rascal Flatts Concert at Darien Lake Performing Arts Center on Sept. 4:

Ashley R. Peak, 21, of Livermore Road, Dryden, is charged with for resisting arrest, harassment, 2nd (two counts), and disorderly conduct after allegedly causing a disturbance while being ejected from the concert venue. Peak allegedly then kicked and spit on a deputy and resisted arrest.  Ashley was arraigned in Darien Court and jailed on $1,000 bail.

A 17-yearo-old of Iroquoius Avenue, Lancaster, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Jon R. Perry, 31 of Fletcher Street, Tonawanda, is charged with harassment, 2nd, after allegedly grabbing another patron by the shirt and not letting go. 

Ashley N. Hayden, 22 of Upper Clark Avenue, Van Etten, is charged with harassment, 2nd, after allegedly punching and kicking a CSC security guard in the groin.

Thursday, September 4, 2014 at 11:05 am

Law and Order: Dog allegedly attacks another dog for second time in a week

post by Howard B. Owens in batavia, crime

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker's cane corso (a mastiff-type breed) reportedly weighing more than 100 pounds, allegedly jumped the fence of her yard and attacked and injured another dog that was being walked along Clinton Street. Police report that this is the second time in a week Baker's dog allegedly attacked and injured another dog.

Gregory Seppe, 56, of Liberty Street, Batavia, is charged with appearance in public under influence of narcotics or drugs other than alcohol and possession of a controlled substance not in original container. Seppe was reportedly observed repeatedly falling down on a Main Street sidewalk. He was allegedly incoherent and unable to stay awake for more than a few seconds at a time. He was issued an appearance ticket and turned over to Mercy EMS for treatment.

Keanon Sean Williams, 37, of Harvester Avenue, Batavia, is charged with endangering the welfare of a child and strangulation, 2nd. Williams allegedly grabbed a woman by the neck and applied pressure while in the presence of her children during a domestic dispute. Williams was jailed without bail.

Dale Eugene Stiles Jr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Stiles allegedly removed funds from a banking account following a court order "not to have any further involvement."

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