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Monday, February 17, 2014 at 3:08 pm

Law and Order: Warrant suspect arrested and returned to Genesee County

post by Howard Owens in batavia, crime, Le Roy

Amir Alivy Barulich, 34, of Pearl Street, Tampa, Fla., is accused of failure to pay fine imposed by the court. Barulich allegedly did not appear as ordered in Genesee County Court on April 28, 2011. He was arrested on a warrant by New Rochelle PD and turned over to the Sheriff's Office.

Joseph T. Burr, 20, of Oak Orchard Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Burr was stopped at 3:41 a.m., Sunday, on Washington Avenue, Batavia, by Sgt. Thad Mart, following a report of a suspicious condition in the parking lot of St. Paul Lutheran Church.

Timothy G. Taggart, 23, of Brigham Road, Fredonia, is charged with DWI and driving with a BAC of .08 or greater. Taggart was arrested following an investigation into an suspicious vehicle parked at Bank of America on Main Street, Batavia, at 2:27 a.m. Friday by Officer Stephen Cronmiller.

Kyle D. Clark, 23, of Hyde Park, Batavia, is charged with harassment, 2nd. Clark was arrested on a bench warrant on a harassment, 2nd, charge stemming from an incident in which he allegedly held a woman down and slapped her several times.

Bishop Edward Williams, 20, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of shoplifting from Walmart on Friday. He was located Saturday by Le Roy PD at a location on Bacon Street.

Juan Michael Chavez, 27, of Gaslite Lane, Batavia, is charged with unlawful possession of marijuana, speeding and driving wihtout a proper license. Chavez was stopped at 9:19 p.m. Friday on Clinton Street Road by Deputy Joseph Corona.

Edward Dexter McDonald III, 24, of South Street, Le Roy, is charged with DWI, speed not reasonable or prudent, moving from lane unsafely and refusal to submit to breath test. McDonald was arrested by Sgt. Michael Hare after his vehicle was allegedly found buried in the snow along East Main Street, Le Roy. McDonald allegedly failed to negotiate a turn onto South Street at 1:18 a.m. Saturday. McDonald was jailed on $1,000 bail.

Friday, February 14, 2014 at 8:56 pm

Gas station robber enters guilty plea in County Court

post by Howard Owens in batavia, crime

Edward Wood

Justice has been swift for Edward Wood III.

When he robbed the Sunoco gas station on West Main Street on Jan. 21, police had him in custody three minutes after being dispatched to the scene.

Today, less than a month after the robbery, the 21-year-old Batavia resident who used an Airsoft gun in the commission of his crime, admitted his guilt before Judge Robert C. Noonan.

Wood entered a guilty plea to attempted robbery, 2nd, a slightly reduced charge from the original count of robbery in the second degree, menacing, 2nd, and criminal mischief, 4th. The plea also satisfies two pending, unrelated misdemeanor charges.

While the plea still exposes Wood up to a potential seven years in prison, the reduced charge -- since he has no prior felony conviction -- also leaves open the possibility of a probationary sentence.

Sentencing will be March 12.

He remains jailed on $25,000 cash bail or $50,000 bond.

Friday, February 14, 2014 at 9:25 am

Law and Order: Parolee accused of possessing needle

post by Howard Owens in batavia, crime, Darien, Le Roy

Michele L. Difalco, 25, of West Main Street, Batavia, is charged with possession of a hypodermic instrument. Batavia PD assisted NYS Parole at the residence of Difalco. Difalco was allegedly found in possession of a hypodermic instrument.

Dustin M. Fleming, 26, of Telephone Road, Le Roy, is charged with unlawful possession of marijuana. Fleming was arrested after Batavia PD officers responded to Denny's Restaurant to investigate a complaint of an intoxicated person at that location. Fleming was found allegedly in possession of a small amount of marijuana and a glass pipe.

John Thomas Harley, 35, of Rich Place, Lacawana, is charged with operating with a suspended registration and aggravated unlicensed operation, 2nd. Harley was arrested on a warrant upon his release from the Erie County Jail. Following arraignment in Darien Town Court, he was jailed on $500 bail or $1,000 bond.

Thursday, February 13, 2014 at 11:42 pm

Guns stolen from a shop in Alabama, suspects in dark colored pickup

post by Howard Owens in Alabama, crime

Within the past hour, a gun shop on Route 77 in Alabama was burglarized and guns were stolen.

The suspect vehicle is a dark colored pickup truck, unknown direction of travel.

State Police are on scene.

UPDATE 10:43 p.m.: Orleans County dispatch has informed Genesee County dispatch of a possible related burglary in that jurisdiction. Communication equipment, such as that used by fire and police personnel, were taken. It occurred after the Alabama burglary. The Alabama suspect vehicle is described as an S-10 type of pickup truck, dark in color, with a loud exhaust.

UPDATE 11:45 p.m.: Seven double-barrel shotguns are missing, too.

Wednesday, February 12, 2014 at 5:36 pm

Dog found malnourished showing signs of recovery, now in foster care

post by Howard Owens in animals, batavia, crime, pets

Nina Kelso certainly has her supporters -- friends and family members who have argued passionately on Facebook and on The Batavian that those who judge her and heap insults upon her and even threaten her don't know the full story.

She would never abuse an animal and her dog was ill not from mistreatment, they say, but because he unintentionally ate something toxic.

Darren Dewitt:

Don't judge this one too soon. I've known Nina for years and something is off with this whole deal. My understanding is that the dog was dying and instead of having the vet put it down she let it live out its days at home with the family. The court has the final word.

Lynda Kelso:

Can't help it when a DOG does what DOGS do and gets into something and it makes them sick. ... He got sick and was vomiting. How do u loose weight when u get sick? He was weak from what he ate. They were trying to get food in there right down to baby formula.

Nina Kelso's case began at 6:08 p.m., Feb. 4, when Sgt. Chris Camp and Officer Jamie Givens responded to a report on Hutchins Street of a malnourished dog.

When they arrived they spotted a canine inside that, according to the officers, was emaciated and couldn't stand on its own.

Dr. Fran Woodworth of State Street Animal Hospital was contacted to assist with the health care of the animal.

Woodworth said she arrived at the aninmal hospital around 7:30 and found a dog that was severally malnourished.

"He was emaciated and mentally he was dull and disoriented," Woodworth said. "I don't know how much of that was starvation or, the officers told me that his owner said he had gotten into potentially toxic substances, cigarette butts and incense oil or something along those lines, and that was why he was in shape in that he was in and had lost all that weight in just a couple of days. I don't know if he had gotten into some toxic substances, but he was definitely mentally not normal. He was just very depressed."

The dog had an intestinal infection, pressure-point sores and was blind.

Animal Control Officer James Sheflin began his investigation into the case the morning after the dog was brought to State Street. He took pictures and examined the dog and consulted with the District Attorney's Office on possible appropriate charges against Kelso (she was charged with torturing or injuring an animal, failure to provide sustenance, and owning/harboring an unlicensed dog).

"Honestly, he's the worst shape I've ever seen," Sheflin said. "The sores were over all his entire body. His feet were swollen two or three times what they should have been. His nails were overgrown. He literally didn't have enough strength to stand up. All he could do was lay down."

State Street staff monitored the dog's progress, unsure during those first 12 hours or so if the dog was going to make it.

But after 12 hours, the dog showed enough progress to warrant continued treatment.

Soon, he gained enough strength to stand up and he showed an interest again in eating.

The dog was brought in on a Tuesday and by Saturday it was in good enough health to be transferred to a foster family through Volunteers for Animals.

It's impossible to tell for sure, Woodsworth said, whether the dog ate anything toxic.

"Toxins are typically very short-lived," Woodsworth said. "They do their damage and then there is no sign of them in any blood test. They are gone. There was nothing in the blood work that was tagged as a sign of a toxin."

There's no indication the dog was brought to a vet for treatment prior to Camp and Givens picking them up, Woodworth said.

"He was overloaded with intestinal worms," Woodworth said. "There were pressure sores on all contact points, particularly his elbows and hind legs from being recumbent for so long. He hadn't eaten in weeks and was weak. That kind of emaciation doesn't just happen overnight.

"As far as I know," Woodworth added, "the owner never sought out veterinary help. What the dog needed was better nutritional care and parasite control and better health maintenance."

Woodworth isn't sure why the dog is blind or if the blindness will last. It's a problem in the dog's brain, not with the dog's eyes, she said.

That could be caused by a toxin, she said.

His mental state, depression, could also be the result of a "toxic insult," Woodworth said.

If the dog did ingest something toxic, veterinary treatment sooner would have been advised, she said.

"In fairness to her, the problems that I saw in the dog were primarily starvation and being recumbent too long," Woodworth said. "I didn't find any injuries inflicted by being kicked or being abused violently in that manner."

Woodworth is hopeful about the dog's improving health even if the prognosis isn't yet settled. The dog is in a good place now and that can only help him recover.

"It's too early to say if he will recover his sight," Woodworth said. "He retained his blindness after getting back on his feet, but he's acting normal otherwise. It was a joyful thing for us to see him on his feet and be interested in food by the next morning. He became rather attached to one of our technicians and began begging her for treats. He really showed some dramatic improvement in a short amount of time."

The Batavian tried to contact Nina Kelso through Facebook earlier today so she could tell her side of the story and have not received a response.

UPDATE: Nina Kelso contacted me about an hour after this story was published and said she prefers not to comment while her legal case is pending.

PHOTO: Batavia PD.

Wednesday, February 12, 2014 at 3:08 pm

Police seek ID of driver whose car struck a teen on State Street

post by Howard Owens in batavia, crime

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a 17-year-old Batavia resident Feb. 5 on State Street.

The youth was transported to UMMC with non-life-threatening injuries.

The vehicle is described as a black, two-door sedan with a white license plate and the letter "D" at the start of the plate number.

The vehicle was occupied by two white individuals.

The accident was reported at 7:45 a.m. on State near Fairmont Avenue.

Anyone with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or through the City’s Web site located at http://www.batavianewyork.com/police-
department/webforms/report-suspicious-drug-or-criminal-activity.

Wednesday, February 12, 2014 at 12:58 pm

Law and Order: Pavilion man accused of driving other people's vehicles without permission

post by Howard Owens in batavia, crime, Pavilion

Jason M. Babbitt, 40, of Pavilion, is charged with two counts of unauthorized use of a motor vehicle and aggravated unlicensed operation, 2nd. Babbitt was arrested following a complaint investigated by State Police of a possible stolen vehicle from a location in Covington. At about the same time the initial complaint was reported, a vehicle was found in a ditch on Taylor Road, near the location of the reported stolen vehicle. Following further investigation by troopers and Wyoming County Sheriff's deputies, Babbitt was identified as the suspect and they allege he drove another vehicle without that owner's permission. Babbitt was jailed on $5,000 bail.

Robert W. Plantiko Jr., 39, of Thorpe Street, Batavia, is charged with endangering the welfare of a child. Plantiko is accused of not providing proper care to a child in his custody. Plantiko was jailed on $100 bail.

Christina M. Cadieux, 53, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and no or inadequate headlamps. Cadieux was stopped at 7:18 p.m. Feb. 4 on Pearl Street by Officer Felicia DeGroot.

Norman E. Bastedo II, 39, of Pringle Avenue, Batavia, is charged with unlawful operation of an ATV on a public highway and depositing snow on a public street. Bastedo was charged following an investigation into an accident reported in February on Pringle Avenue, Batavia.

Kimberly A. Beagle, 45, of Park Place, Perry, is charged with petit larceny. Beagle is accused of shoplifting from Tops.

Joseph C. Parnell, 19, of East Main Street, Batavia, is charged with criminal nuisance, 2nd. Parnell is accused of allowing an underage drinking party to gather at a residence. Also charged, Benjamin D. Polk, 21, of East Main Street, Batavia. Bradley L. Rodda, 19, of East Main Street, Batavia, is charged with maintaining a premises for unlawful conduct. Joshua J. May, 19, of East Main Street, Batavia, is charged with unlawful possession of marijuana and criminal nuisance.

Chercal Arieal Smith, 18, of Bank Street, Batavia, is charged with criminal possession of stolen property, 5th. Smith is accused of possessing a stolen mobile phone and using that phone for several days.

Brian Lee Smith, 52, of Colonial Boulevard, Batavia, is charged with three counts of criminal contempt, 1st, and 65 counts of criminal contempt, 2nd. Smith is accused of violating a stay away order of protection by sending numerous e-mails, leaving several voice mails and visiting the residence of the protected person.

Christopher Patrick Abdella Sr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Abdella is accused of sending several text messages to a person he was barred by court order from contacting.

William John Dale, 40, of Franklin Street, Dansville, was arrested on a warrant related to a petit larceny charge. Dale was a passenger in a vehicle stopped in by a deputy in Livingston County and turned over to the Genesee County Sheriff's Office after being identified as a warrant suspect. Dale was jailed on $200 bail.

Wednesday, February 12, 2014 at 8:35 am

Package of meth allegedly shipped to address in Oakfield, Le Roy man arrested

post by Howard Owens in crime, Le Roy, methamphetamine, Oakfield

Acting on a tip from law enforcement in Florida that a package of methamphetamine was being shipped to an address in Oakfield, members of the Local Drug Enforcement Task Force arrested a Le Roy man allegedly found in possession of the package.

Mark J. Puma, 42, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and possession of controlled substances by ultimate user's original container.

The tip came from the Winterhaven Police Department. The package was reportedly delivered to an address on Farnsworth Avenue.

After confirming the package delivery, members of the task force reportedly observed Puma leaving the residence.

A traffic stop for an alleged traffic violation was initiated on Maltby Road, Oakfield, by a uniformed deputy and a state trooper.

During an interview with Puma, it was determined that Puma was allegedly in possession of Adderall.

A K-9 search of Puma's 2000 Toyota 4-Runner led to a positive alert by the dog on suspected narcotics in the vehicle.

The suspect package, with a return address in Lakeland, Fla., was located in the vehicle and a quanity of meth was allegedly found in the package.

Puma was arraigned and released under supervision of Genesee Justice.

Assisting in the investigation were the District Attorney's Office, uniformed deputies, state troopers, Medina PD and Medina PD's K-9, "Kye."

Monday, February 10, 2014 at 4:38 pm

Jury returns not guilty verdict on three felony counts against Batavia teen

post by Howard Owens in batavia, crime

Following a week-long trial that ended Friday, a Batavia resident was found not guilty on three felony counts stemming from an allegation he forced a victim to engage in sexual acts.

Kyle H. Morse, 17 at the time of his arrest a year ago, was, however, found guilty on a single misdemeanor count of sexual misconduct.

The grand jury indictment on that count accused Morse of engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by virtue of being less than 17 years old.

The jury returned not guilty verdicts on counts of criminal sexual act in the first degree, sexual abuse in the first degree and criminal sexual act in the third degree.

Morse is scheduled to appear for sentencing on the misdemeanor conviction April 10.

Monday, February 10, 2014 at 2:26 pm

Law and Order: Woman accused of mistreating pit bull

post by Howard Owens in batavia, alexander, corfu, crime, Le Roy, Oakfield

Nina M.E. Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/haboring an unlicensed dog. Batavia PD responded to Kelso's residence at 6:08 p.m., Feb. 4, to investigate a report of a maltreated/malnourished dog. Officers allegedly found a pit bull identified as Kelso's dog that was malnourished and weak. The dog was reportedly unable to stand or move on its own. The dog was also unlicensed. The dog was taken to Batavia State Street Animal Hospital and continues to receive treatment and care.

Johnnie Waston

Johnnie M. Waston, 30, unknown address, Rochester, is charged with criminal impersonation, 2nd, and criminal trespass, 2nd. Waston allegedly entered the apartment on State Street of somebody he did not know at 1:54 p.m., Sunday, and remained in the residence unlawfully. Waston allegedly provided a fake name to police and was later recognized and identified by jail personnel. Waston was found to have an active bench warrant for his arrest out of the city court in Rochester.

Scott R. Merrill, 45, of Darien Center, is charged with DWI. A state trooper reportedly observed a vehicle stop at the Colby Road railroad crossing, which at the time had flashing lights and the gate arms down, indicating an approaching train. The vehicle allegedly proceeded around the gates and narrowly avoided being hit by an Amtrak train. The vehicle was stopped and Merrill was taken into custody following further investigation.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with inhalation of toxic vapors. McKenzie was reported found at 11:51 a.m., Feb. 5, sitting in his vehicle allegedly huffing keyboard cleaner. He was also charged with petit larceny for allegedly shoplifting from Walmart.

Danny Jay Torok Jr., 26, of Dodgeson Road, Alexander, is charged with assault, 2nd. Torok allegedly started a fight with another inmate while incarcerated at the Genesee County Jail.

Mark Andrew Kempie Jr., 45, of West Main Street Road, Batavia, is charged with petit larceny. Kempie allegedly stole merchandise valued at $13.67 from Kmart.

Gary Edwin Gerevics, 55, of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal contempt, 2nd. Gerevics was allegedly found in possession of firearms in violation of a court order of protection. He was jailed on $3,000 bail.

Jason A. Klinkbeil, 25, of 50 South St., Le Roy, was arrested on a bench warrant. Klinkbeil turned himself in on a warrant for alleged failure to comply with drug court. He was jailed on $100,000 bail.

Nathan Paul Crawford,18, of Hutchins Street, Batavia, is charged with public lewdness. Crawford allegedly exposed his genitals to another person while on East Main Street, Batavia, at 5:46 p.m., Feb. 5.

Suzanne M. Corona, 44, of Batavia, is charged with petit larceny. Corona is accused of stealing from a location Veterans Memorial Drive, Batavia, at 8:38 p.m., Saturday. She was arrested by State Police. No further details released.

Jacob J. Lentz, 24, of Aurora, Iowa, is charged with DWI and driving with a BAC of .08 or greater. Lentz was stopped at 10:50 p.m., Saturday, on Albion Road in Oakfield by State Police.

Deborah L. Smith, 55, of Spencerport, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle while on highway. Smith was stopped by State Police at 11:25 p.m., Friday, on Route 63, Town of Batavia.

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