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Thursday, May 22, 2014 at 4:04 pm

Law and Order: Task Force accuses Bergen resident of heroin possession

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

Cody D. Mayer, 21, of South Lake Road, Bergen, is charged with criminal possession of a controlled substance, 7th. Mayer was arrested following a traffic stop by members of the Local Drug Enforcement Task Force in the Town of Stafford. He was allegedly found in possession of heroin and 20 Xanax tablets. 

Jennifer Lyn Stack, 28, of South Main Street, Batavia, is charged with possession of a hypodermic instrument, criminal use of drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th. Stack was stopped at 8:42 p.m. Monday on Clinton Street Road by Deputy Joseph Corona. During the traffic stop, it was found there was an arrest warrant on file for Stack. Her arrest led to a search of her person.

Matthew Garrett Opitz, 29, of Hunting Spring, Rochester, is charged with driving while impaired by drugs, aggravated unlicensed operation, unlicensed operator, leaving the scene of an accident and unreasonable speed. Opitz was allegedly involved in a one-car accident at 5:03 a.m. on Angling Road, Pembroke. The accident was investigated by Deputy Joseph Corona.

Ronald D. Williams, 37, of Liberty Street, Batavia, is charged with petit larceny, trespass and endangering the welfare of a child. Williams is accused of stealing scrap metal from a location on Cedar Street. Williams allegedly enlisted the assistance of a child less than age 17.

Gregory M. Munroe II, 28, of Harvester Avenue, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Munroe is accused of pushing and striking a woman while in the presence of her children.

Danielle Marie Stevens, 37, of Ford Road, Elba, is charged with appearance in public under influence of drugs. Stevens was arrested following a report that she was seen consuming an unknown amount of pills and may have overdosed. 

Casey T. Vaughn, 25, of Prune Street, Batavia, is charged with harassment, 2nd, and menacing, 2nd. Vaughn allegedly had an altercation with a construction worker at his residence.

Robert D. Wood, 23, of Pearl Street, Batavia, is charged with harassment, 2nd. Wood allegedly shut the door as a woman was attempted to enter her residence, striking her in the abdomen with the door. Wood was jailed on $250 bail.

Robert C. Paris, 24, of Batavia, is charged with two counts of criminal obstruction of breathing and harassment, 2nd. Paris was arrested by State Police for an alleged incident reported at 12:18 p.m. May 20 in Batavia. Paris was jailed on bail. No further details released.

Stephen J. Holdaway, 62, of Corfu, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving an unregistered motorcycle. Holdaway was stopped at 6:07 p.m. Monday in the Town of Batavia by State Police.

Thursday, May 22, 2014 at 12:27 am

Alleged child abuser picks trial over plea deal with a possible 40-year prison term

post by Howard B. Owens in batavia, crime


A former Batavia resident and Level 3 sex offender will go to trial again in July on new child sex abuse charges.

Sean Vickers, 45, now of Geneva, turned down a plea deal in Genesee County Court today as the cutoff passed.

District Attorney Lawrence Friedman said the deal offered to Vickers was to plead guilty to two Class B violent felonies with 20-year caps on the sentences that could run consecutively. That would be in addition to pleading guilty to a felony in Niagara County where Vickers is also accused of sexually abusing children with another sentence capped at 20 years to run concurrent.

Vickers turned down a possible 40-year prison sentence to go to trial.

Jury selection begins July 28. Vickers continues to be locked up in the county jail in lieu of no bail.

Vickers was named in an 11-count indictment in November for sexually abusing five children in Batavia in the '90s and 2000s.

Wednesday, May 21, 2014 at 11:20 pm

Attorney for Bergen man accused of pointing shotgun at person says charge should be dropped

post by Howard B. Owens in bergen, crime

It boggles the mind, according to attorney Brian Decarolis, that his client, John Laverne Robinson, has been charged with menacing in the second degree.

The 51-year-old Bergen resident is accused of pointing a shotgun out the window of his home on North Lake Road at another man who seconds earlier had been banging on his door.

"I think it's ridiculous," Decarolis said this afternoon after Robinson was arraigned in Town of Bergen Court, where he entered a not guilty plea. "I've never seen anything like it. I'm a former prosecutor. I do exclusively criminal defense work. I've never seen it, never heard of it. It's something I've never dealt with before."

The case is unusual, Decarolis said, because not only was Robinson defending himself against an intruder, the District Attorney's Office had declined in November to prosecute Robinson.

Robinson was arrested last month by a deputy after the man who did the door banging, 46-year-old Michael S. Crooks, of Salmon Road, Brockport, took his complaint to the Sheriff's Office when he couldn't convince a state trooper to arrest Robinson.

The charge should be dismissed, Decarolis said. Either the charge is dismissed outright or the case is going to trial, he said.

Decarolis noted Assistant District Attorney Kevin Finnell, who is handling the case, has the power to seek a dismissal, but in case that doesn't happen, Decarolis is preparing a motion to deliver to Justice Donald Kunego asking that the charge be dismissed "in the interest of justice." 

The former Monroe County prosecutor said he's talked to a lot of people in and out of the criminal justice line of work since Robinson became his client and people are flabbergasted by the arrest.

"I've talked to people involved in the case who are surprised," Decarolis said. "I've talked to people not involved in the case who are surprised. I've talked to law enforcement contacts that I've built up over the years, relationships from being in the DA's office, being a defense attorney, I haven't heard one person who said this is right, this sounds like what should happen. Everyone is stunned. Everyone is surprised."

The charge stems from a Jan. 13 incident when Crooks went to the home of Robinson because he suspected Robinson of communicating with Mrs. Crooks.

In a statement to police, Crooks said he just wanted to talk, but he admitted to yelling at Robinson, who was inside his house, that he was a coward for not coming out.

"He was essentially beating down the front door in an attempt to get into the house," Decarolis said.

He hit it hard enough to damage it, which is why a trooper decided to arrest him on a criminal mischief charge.

After his apparent unsuccessful attempt to break down the door, Crooks walked around the house looking for another entry. When he peered into a window he found himself staring down the barrel of a shotgun.

That frightened him, he said.

"He goes to my client's house and is causing a rukus," Decarolis said. "He's a stranger to my client. The State Police come out and they investigate it and they determine that Mr. Crooks is the only person who should be arrested. That's normal. My client thinks he's a victim. He is."

Robinson was on the phone with 9-1-1 dispatchers, who had told him, according to reports, to warn Crooks that he had a shotgun.

Today, Kunego signed an order requiring the Sheriff's Office to turn over the 9-1-1 tapes to Decarolis. Finnell did not oppose the order.

According to Decarolis, his client thought the case is over with the arrest of Crooks, but after Crooks has the charge against him dismissed on an ACD (adjudication in contemplation of dismissal), Crooks starts making noise about having Robinson arrested.

"The State Police call him up and say this guy's crowing about charging you with a completely justifiable act," Decarolis said. "The State Police do a little more investigating, consult with the District Attorney's Office, the same office that is now prosecuting this case, and they say, we're not charging you. We're not doing anything. You shouldn't be charged. You were justified doing what you did on the day in question. Then out of nowhere, a different police agency that has never, ever been involved in this case, charges my client."

If the case does go to trial, the troopers involved in the arrest of Crooks will be expected to testify, Decarolis said.

"I think that would be on the defense witness list as opposed to the prosecution's, and you don't hear about that every day," Decarolis said.

The whole thing is unfortunate, Decarolis said.

"This guy's going through a heck of a stress," he said. "He's wasting time. He should be at work on a Wednesday afternoon, not coming to court for this kind of stuff."


Wednesday, May 21, 2014 at 9:12 pm

Le Roy resident accused of menacing police officers

post by Howard B. Owens in crime, Le Roy
Timothy Niccloy

A 28-year-old Le Roy man has been accused of brandishing a knife at police officers in Le Roy after the officers tried to restrain him believing he was a threat to himself.

Timothy Niccloy is charged with two counts of menacing a police officer, a Class D felony, and counts of criminal possession of a weapon, obstructing governmental administration and resisting arrest.

Officers responded to his residence May 16 on a request to check his welfare. During the check, the officers became concerned that he was a threat to himself. 

Niccloy was taken into custody after a struggle and a taser was deployed to help subdue him.

Following arraignment, Niccloy was jailed on $10,000 bail.

Deputies and troopers assisted at the scene.

Tuesday, May 20, 2014 at 8:10 am

Law and Order: Woman accused of pawning tablet she didn't own

post by Howard B. Owens in batavia, crime

Desiree Michele Hutchinson, 18, of Walnut Street, Batavia, was arrested on a warrant for alleged misapplication of property. Hutchinson allegedly failed to appear on the initial charge, which stems from an accusation that she pawned a tablet computer that she did not own or have the consent of the owner to pawn. 

Jennifer Lyn Stack, 28, of South Main Street, Batavia, was arrested on three warrants stemming from three separate petit larceny charges. Stack was arrested following a traffic stop by Deputy Joseph Corona and taken into custody on the warrants. Stack is accused of shoplifting Nov. 19.

Monday, May 19, 2014 at 9:13 am

Law and Order: Seven weekend arrests

post by Howard B. Owens in batavia, crime, elba, Le Roy, Oakfield, Pavilion

John M. Englerth, 43, of 6534 Main Road, Stafford, is charged with DWI and failure to submit to breath test. Englerth was stopped at 11:48 p.m. Friday on Bank Street in Le Roy by a village police officer. Englerth was allegedly observed driving without wearing a seat belt and allegedly failed to keep right.

Jordan R. Smart, 22, of 6 Gibson St., Oakfield, is charged with DWI and driving with a BAC. of .08 or greater. Smart was allegedly seen driving erratically and stopped at 1:39 a.m. Saturday on East Main Street, Le Roy, by a village police officer.

Justin Thomas Hemmer, 33, of South Main Street, Elba, is charged with criminal contempt, 2nd. Hemmer was jailed on $500 bail.

Aaron Mark Sechrist, 23, of Jackson Street, Batavia, is charged with petit larceny. Sechrist allegedly stole $26 in merchandise from Walmart.

Ajia Rae Hasenauer, 21, of Main Street, Le Roy, is charged with a violation of probation. Hasenauer was arrested following a traffic stop at 8 a.m. Friday on Main Street, Le Roy, by Deputy John Weis. Hasenauer is also accused of aggravated unlicensed operation, 3rd, unlicensed operator, failure to stop at a red light, failure to signal a right turn and no headlights during inclement weather.

Taylor Levi Finnin, 21, of Main Street, Le Roy, was arrested on a bench warrant for an alleged failure to pay a fine. Finnin was arrested following an appearance on an unrelated Family Court matter. Finnin was arraigned before Judge Robert C. Noonan and released on a promise to start making $50 per month payments.

Raymond James Radley, 48, of Main Street, Leicester, is charged with criminal contempt, 1st, and harassment, 2nd. Radley was arrested by deputies from Livingston County and turned over to the Genesee County Sheriff's Office on a warrant out of Town of Pavilion Court stemming from an alleged incident May 11 on Perry Road, Pavilion. Radley was jailed on $5,000 bail.

Thursday, May 15, 2014 at 5:45 pm

Grand Jury Report: 17-year-old indicted on rape charges

post by Howard B. Owens in batavia, crime, Grand Jury
Joseph Saraceni

A 17-year-old Lindwood Avenue resident arrested last week on a forcible rape charge has been indicted by a Genesee County Grand Jury on seven more criminal counts.

Joseph A. Saraceni, Jr., is charged with two counts of rape in the first degree, a Class B violent felony, as well as two counts of sexual abuse in the first degree, a Class D violent felony, and misdemeanor counts of criminal obstruction of breathing or blood circulation, aggravated harassment and menacing 2nd.

Saraceni is accused of forcing sexual intercourse with a person Nov. 11 and Nov. 12 in the City of Batavia. He accused of forcing sexual contact on those dates. On those dates, he allegedly applied pressure to the throat or neck of another person.  In October and November, he's accused of threatening another person and communicating in a manner likely to cause annoyance or alarm.

The Grand Jury also indicted Leslie C. Jackson on two counts of grand larceny 4th, a Class D felony.  Jackson is accused of stealing property from a Batavia couple valued at more than one thousand dollars. Jackson is also accused of promising to perform home improvements for that couple and receiving more than $1,000 based on the promise.

Thursday, May 15, 2014 at 4:13 pm

Up to life in prison for man convicted of sexually abusing 10-year-old

post by Howard B. Owens in batavia, crime


An Orleans County man is sentenced to 15-years-to-life behind bars for sexually abusing a 10-year-old girl in Batavia.

Terrel Goodson, 25, was convicted at jury trial in Genesee County Court in April of Criminal Sexual Act and Sex Abuse. The second charge carries a seven-year sentence to run concurrently.

Goodson was arrested in Albion in October. He was convicted after two days of testimony.

If Goodson is released, he will be on post-release supervision for 15 years.

Thursday, May 15, 2014 at 4:07 pm

Man accused of sex crimes in the city agrees to DNA testing

post by Howard B. Owens in batavia, crime
Jon Magliocco

A 36-year-old Rochester resident awaiting a possible trial on multiple third-degree rape charges has agreed, seven months after his arrest, to submit to DNA testing and a search of his mobile phone.

Jon Thomas Magliocco was arrested in October and is being held on $50,000 bail.

He appeared in County Court on Wednesday for his plea-cut-off date (the date Judge Robert C. Noonan sets for defendants to either go to trial or accept whatever plea offer is on the table.).  

His case was continued until a court appearance May 27 after Jerry Ader, public defender's office, informed Noonan that his client would submit to DNA testing and a search of his phone.

"We would ask for an extension to see what the results of those examinations would be," Ader said.

Friedman said wasn't sure how long it would take to get back test results for DNA, but would know better in two weeks.

Magliocco was indicted near the end of October on eight counts of rape, 3rd, a Class E felony, and nine counts of criminal sexual act, 3rd, a Class E felony.

He is accused of being older than 21 years old and engaging is sexual intercourse or oral sexual contact with a person less than 17 years old.

All but one occasion is alleged to have occurred in a house in the City of Batavia and the other incident was allegedly sexual intercourse in a tent in the Town of Batavia.

Thursday, May 15, 2014 at 10:01 am

Former tenant of condemned apartment building charged; meanwhile, restoration work continues

post by Howard B. Owens in batavia, 113 Jackson Street, crime

A former tennant of 113 Jackson St., Batavia, has been charged with theft of services for allegedly using an extension cord to provide power to his apartment.

The use of the cord was one of the alleged code violations the city cited to condemn the four-unit complex.

Property owner Guy Pellegrino told The Batavian on April 5 that things sounded a lot worse than they were with the building and he already had restoration projects under way. This morning, Pellegrino confirmed work is continuing on the building.

Arrested was Lonnie Ford Jr., 68, now a resident of Tracy Avenue, Batavia. Ford was issued an appearance ticket.

The electricity issue, like other issues, were easy to address, Pellegrino said, but the biggest area of concern for the 180-year-old one-time mansion was bowing of the south wall.

A structural engineer has determined that the building can be made structurally sound again through the use of a turn-buckle system. That would involve running cables through the building and installing buckles on the outside of the brick facade to secure the cables.

The process was frequently used with old masonary buildings in California after earthquake standards were introduced in the 1930s.

The buckles will be on the outside of the building, which means the city's Historic Preservation Commission must approve the design change.

Pellegrino said the commission will review his application May 28. Assuming it's approved, the buckling work will begin the next day.

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