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Batavia PD seeks help finding female driver of black Honda who struck pedestrian today

By Billie Owens

Press release from the Batavia Police Department:

The Batavia Police Department is investigating a car/pedestrian accident which occurred on West Main Street today.

The accident happened at approximately 2:10 p.m. on the area of Settler's.

The pedestrian was walking eastbound on the sidewalk on the north side of West Main Street. While crossing the street, a black Honda sedan struck the pedestrian and continued westbound on West Main Street.

The driver was described as a white female with curly hair.

The pedestrian is currently being treated at UMMC.

Anyone with information in reference to this case is asked to contact Officer Prusak or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

UPDATE 5:14 p.m.: A caller reports seeing a vehicle that matches the description with front-end damage driving on Willow Street. No information on when the car was seen.

(Initial report)

Arson charged in domestic incident on Washington Avenue

By Howard B. Owens

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A Batavia man accused of threatening to shoot police officers and then of barricading himself inside of an apartment and setting it on fire has been charged with arson in the second degree and two counts of making terrorist threats.

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

Rochester woman gets probation after pleading guilty to felony for false filing with DSS

By Billie Owens

Press release:

Christina Hietala-Johnson, age 35, of Rochester, was sentenced to five years’ probation in Genesee County Court on Thursday (Jan. 11) as a result of her guilty plea last October to a felony count of offering a false instrument for filing in the first degree.

In addition, Hietala-Johnson was also ordered to pay $2,245 in restitution to the Genesee County Department of Social Services, will be disqualified from receiving Food Stamp benefits and Temporary Assistance benefits, and must perform 500 hours of community service.

Hietala-Johnson had been charged in June 2017 with two counts of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. Those charges were filed when a social services investigation revealed she had submitted various recertification forms to the Department of Social Services and failed to report that she was married.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585)344-2580, ext. 6417 or 6416. All calls are confidential.

Law and Order: Inmate accused of possessing contraband

By Howard B. Owens

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

Three suspects arrested in gun theft, murder in Florida of former Alexander resident

By Howard B. Owens
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   Gerjuan Jackson    Kenley Campbell      Darril Rankin


Press release:

Polk County Sheriff's Office homicide detectives have arrested 22-year-old Kenley Campbell and 22-year-old Darril Lamar Rankin Jr. on Saturday, Jan. 6, and 18-year-old Gerjuan Demarcus Jackson all of Mobile, Ala., on Tuesday, Jan. 9. They have all been charged with:

  •  First-degree murder (FC)
  • Attempted first-degree murder (F1)
  • Armed burglary with assault/battery (F1)
  • 13 counts of grand theft of a firearm (F3)
  • Robbery with a firearm/deadly weapon (FL)
  • Conveyance burglary (F3)
  • Grand theft of a motor vehicle (F3)

The Polk County Sheriff's Office alleges that: on Jan. 3, Campbell, Rankin, and Jackson drove from Mobile to William Reiss’ residence in Polk City, Fla.; Jackson fired shots at William Reiss multiple times (who was found deceased in the home) and his roommate, Kenneth Maier, who is fighting for his life. Maier is still in critical/stable condition at a local hospital.

According to the investigation and admissions made by the suspects:

Jackson met William Reiss while conducting a hurricane damage estimate in 2017, and he purchased two handguns from Reiss. Detectives located an official FEMA contractor identification for Jackson during the investigation. Upon returning to Alabama, Jackson was arrested for possession of cannabis and carrying a firearm without a permit.

Campbell drove his vehicle, a Chevrolet Sonic, with Gerjuan Jackson and Darril Rankin to Florida and arrived at 7462 Berkley Road in Polk City at between 1:30 – 1:40 p.m. on Wednesday, Jan. 3rd. Jackson went inside the home while they (Campbell and Rankin) stayed inside the Chevrolet Sonic.

Jackson admitted he fired several gunshots at Reiss and at Maier.

Jackson exited the residence, at which point Campbell and Rankin assisted with loading the victim’s firearm collection and flat-screen television into Campbell's trunk and the victim’s Dodge pickup truck.

When they arrived in Alabama, Jackson took the victim’s truck to a wooded area and set the pickup truck on fire.

During the investigation, detectives found six firearms, an extensive amount of ammunition, electronic devices, and clothing believed to be worn by the suspects during the incident in Campbell and Rankin’s home. Three of these firearms are from the victim’s stolen collection. Detectives also found a box of latex gloves and apparent trace amounts of blood in the Chevrolet Sonic.

Jackson said the stolen property firearms and television had been sold on “the streets,” except for the three firearms that were recovered from Campbell and Rankin’s home. Jackson estimated that a total of 20 to 25 firearms were stolen from the victim’s residence.

“Three killers traveled to Polk City all the way from Mobile, Alabama to steal firearms. William Reiss was shot and murdered, and Kenneth Maier was shot and left for dead. Maier is currently in the hospital fighting for his life. I can’t begin to say how disgusted we are at the depravity displayed by these men.” -- Grady Judd, Polk County Sheriff 

All suspects were booked into the Mobile County Metro Jail without incident and will be extradited to Polk County at a later date. The investigation is ongoing and further charges may be filed.

All suspects have previous criminal histories.

Le Roy PD seeking public assistance in recovering copper gutters, catching thief

By Howard B. Owens

Le Roy PD is investigating the theft of copper gutters from a residence in the Village sometime overnight this past Saturday into Sunday.

During that night an unknown person stole the copper gutters, which were stored in the backyard of the residences on West Main Street, which was having the roof replaced.  

The gutters were greened with age.

Anyone having information as to who committed this crime or who recently came in contact with copper gutters aged green is asked to call the Le Roy Police Department at 585-345-6350.

Alexander native killed in home-invasion robbery in Florida, large gun collection and pickup truck stolen

By Billie Owens

From our news partner WBTA:

William Reiss, 68, was shot to death at his home in Polk City, Fla., last Wednesday during a home-invasion robbery.

The Polk County Sheriff said he believed Reiss could have been targeted for his large gun collection.

The culprits apparently made off with more than 30 guns stolen from the crime scene along with Reiss’s pickup truck and they are currently still at large.

Reiss was an Alexander native with many family members still in the area and a former correction officer at Attica Correctional Facility.

Man suspected of starting apartment fire yesterday charged with selling crack cocaine

By Howard B. Owens

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Legal troubles are mounting for Eddie Lee "Pops" Miles after he was arrested on a warrant for allegedly selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

Yesterday morning the 46-year-old Miles was arrested following a domestic incident at 207 Washington Ave., Batavia, where he allegedly tried to barricade himself in an apartment with a couch and then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

The District Attorney's Office is reviewing the case and has yet to recommend charges against Miles.

Meanwhile, the Sheriff's Office announced that Miles is being charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Cases against Miles are still open from 2017 when he was charged with criminal obstruction of breathing, torturing or injuring animals, unauthorized use of a vehicle, and criminal contempt.

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

Following arraignment on the drug charges, Miles was returned to the Genesee County Jail without bail.

Law and Order: Chase Park resident accused of hitting a person, a police officer, and keying cars

By Howard B. Owens

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

Man in custody after domestic incident on Washington Avenue, suspected of setting house fire

By Billie Owens

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A Washington Avenue resident with a criminal history and wanted on a warrant was taken into custody this morning after police were called to a domestic incident where he allegedly threatened to shoot police and later set fire to his own apartment.

Eddie Miles eventually came down a ladder from the back of the apartment on his own, which allowed firefighters to begin attacking the fire in the second floor and attic of 207 Washington Ave., Batavia.

He was taken to the hospital for evaluation of injuries sustained in the domestic incident and the subsequent blaze.

Batavia Police Officer Marc Lawrence said the dispatch center received a call about a domestic incident at the upper apartment at 8:55 this morning. Two officers quickly responded and Miles allegedly smashed a window and threatened to use a firearm against them.

At that point, a perimeter was established in the neighborhood with the aid of the Sheriff's Office and State Troopers. There was a reverse 9-1-1 call placed to neighbors near the scene, telling them to lockdown, shelter in place. 

Police grabbed a ladder from neighbors at the scene, though the woman jump from the stoop roof into the arms of police officers. She was taken to the hospital for the evaluation of injuries sustained in the domestic incident, Lawrence said.

A fire, believed to have been intentionally set by Miles, broke out in the rear of the upper apartment. Miles refused to leave and kept calling 9-1-1, demanding to speak with the female, who had by then been transported to the hospital.

As smoke poured from the house, police were concerned for the safety of firefighters with a potentially armed suspect still at large. The firefighters could not approach the house. An unarmed Miles came out on the roof. Between the very cold weather and the house fire, Lawrence said the bare-footed Miles had some incentive to climb down the ladder unaided. 

He was taken into custody.

Fire scene commander Lt. Greg Ireland said it goes against a firefighter's nature to sit back and watch a house burn but until the suspect was in custody that was all city crews could do. They were initially called to the scene to assist with rescuing the woman from the house, which was not yet on fire when they were called. Once they were cleared to attack the fire, firefighters made quick work of it and contained the fire to the second floor and attack.

Lawrence said police are not certain Miles actually had a firearm; none was found.

At about 1 p.m., City Fire cleared the scene, but police and code enforcement remain on Washington Avenue and the duty sergeant has informed dispatch, this incident will tie up the officers who responded for much of the rest of the day. Additional patrols are on duty.

In addition to other arrests over the past few years, Miles was a suspect in a choking incident and the injection of a purple liquid into a dog in August.

UPDATE 7 p.m.: In response to rumors being spread on social media, we asked if the police used tear gas. Chief Shawn Heubusch said there was no tear gas used. Further, police believe evidence points to Miles starting the fire, not the police.

Photos by Howard Owens. Howard Owens contributed to the reporting of this story.

Video submitted by Jim Horncastle.

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UPDATE: Photo submitted by Jim Horncastle.

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Batavia PD reminds citizens not to divulge personal credentials or bank information to callers

By Howard B. Owens

Press release:

The Batavia Police Department has received multiple complaints of a robo-call scam from Apple saying your iCloud account has been corrupted. Apple has been contacted and confirmed they do not make robo- calls to notify customers of corrupted accounts.

The Batavia Police Department would just like to remind the citizens not to provide any personal or bank information over the phone.

If you feel you have been part of this scam or a similar scam, you are encouraged to contact the Batavia Police Department and file a complaint with the FBI’s Internet Crime Complaint Center (IC3). www.ic3.gov

Convicted child molester Sean Vickers gets new 40-year prison sentence

By Howard B. Owens

It's not the 107-year sentence former County Court Judge Robert C. Noonan handed down to convicted child molester Sean Vickers, but Vickers will still serve many decades in prison. 

Earlier this year, the jury trial conviction of Vickers was overturned on appeal because the appeals court found he wasn't properly tried under the same counts in the original indictment against him. 

It looked like a new trial for Vickers, but in October, Vickers agreed to a plea agreement. While that means Vickers might avoid a similar 100-year sentence, it also means his victims won't be required to testify again.  

On that guilty plea, today Judge Charles Zambito sentenced Vickers to the agreed-upon 40-year prison term.

He was already serving a 20-year term on a similar conviction in Niagara County.

Police locate drug dealer who failed to show up for sentencing

By Howard B. Owens

Police located and arrested a drug dealer yesterday who was accused of failure to appear in County Court for his sentencing and of violating an order of protection while awaiting sentencing.

Officers learned that Charles "Gusto" Williams, 38, was at a residence on Ross Street based on a citizen's tip.

Batavia PD sought the public's assistance in locating Williams after he refused to turn himself in on a warrant.

He was jailed pending his arraignment today.

He was convicted of criminal sale of a controlled substance, 3rd, and criminal contempt, 1st.​

Law and Order: Le Roy resident accused of burglary while violating order of protection

By Howard B. Owens

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

Law and Order: Inmate charged following fight in jail

By Howard B. Owens

Michael Paul Carey, 32, of Main Street, Batavia, is charged with criminal obstruction of breathing or circulation.  Carey is accused of fighting with another inmate in the Genesee County Jail at 11:33 p.m., Monday. Carey allegedly tried to strangle a fellow inmate.

Allea Beth Devos, 30, of Prospect Street, Batavia, is charged with DWI, failure to dim headlights, and refusal to take breath test. Devos was stopped at 9:31 p.m., New Year's Eve, on Ellicott Street, Batavia, by Sgt. Eric Seppala.

Rebecca Sue Hensel, 35, of Pratt Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Hensel was stopped at 10:39 p.m., Friday, on Main Street Road, Batavia, by Deputy Mathew Clor.

Edward Jordan White, 22, of Michigan Street, Lockport, is charged with possession of dangerous contraband while confined in the first degree. White, while an inmate at the Genesee County Jail, allegedly possessed an alcoholic beverage at 9:43 p.m., Dec. 26.  He is being held on unrelated charges.

Michaela Rose Leach, 18, of Transit Road, Pavilion, is charged with trespass.  Leach was allegedly found at College Village after being barred from the property four days earlier.

Matthew H. Pape, 26, of Oakfield, is charged with harassment 2nd and endangering the welfare of a child. Pape was arrested by State Police following the report of an incident at 9:49 p.m., Monday, in Oakfield. Pape was jailed on bail. No further details released.

Eric M. Schroer, 22, of Depew, is charged with DWI and driving with a BAC of .08 or greater. Schroer was stopped at 10:03 p.m., on New Year's Eve, at Tensow Road and Bloomingdale Road, Alabama, by State Police.

Sex offender denied delay in trial on failure to register charge

By Howard B. Owens

A sex offender serving a 15-year prison term and facing a trial on charges that have been pending since 2016 asked County Court Judge Charles Zambito to postpone the trial because he's "in transit" between prisons.

Nobody was quite sure what Marlek Holmes meant by that claim, so as he stood in County Court -- shackled and in a green prison jumpsuit -- he explained to Zambito that in order to make court appearances, he's been transferred from Auburn to Wende. Prison officials limit what he can bring with him. He can't bring all of his case documents and while at Wende he's in isolation and doesn't have access to the law library.

Holmes is facing a trial Jan. 22 on charges that he failed to register a change of address as a sex offender in 2016. During the trial, the court will also hold a hearing on whether he should be declared a persistent violent felony offender.

Holmes was facing a possible life-in-prison sentence before he agreed to a plea agreement the day his trial was supposed to start May 4. He entered a guilty plea to attempted criminal sexual act in the first degree, a Class C violent felony. He was sentenced to 15 years in prison on that conviction May 31.

While he was in jail on these charges, Holmes assaulted a fellow inmate, a crime he was convicted of following a jury trial Oct. 6. He has yet to be sentenced on that conviction.

Zambito told Holmes that he didn't find the prison transfer issue a sufficient reason to delay his trial. He told him he had an attorney, Fred Rarick, who is handling his actual legal defense. He isn't representing himself.

"If it requires an order to get the Department of Corrections to provide you with your paperwork, I'll sign an order," Zambito said.

Jury selection in the trial of Holmes on the failure-to-register charge begins Jan. 22.

A hearing on whether Holmes is a persistent violent felony offender will take place before the actual failure-to-register trial begins, the morning of Jan. 23. The hearing will help determine the severity of his sentence stemming from the Oct. 6 conviction for assaulting a fellow inmate.

Vine Street resident accused of selling crack cocaine

By Howard B. Owens
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      Benito Gay

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

Grand Jury: Man indicted on 12 counts for alleged domestic violence incidents in Oakfield

By Billie Owens

Michael A. Shetler is indicted for crimes which allegedly occured in the Town of Oakfield in November. In count one, he is accused of third-degree assault, a Class A misdemeanor. It is alleged that on Nov. 4 Shetler intentionally caused physical injury to another person. In count two, he is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging the property of another person -- a cell phone -- on Nov. 4. In count three the defendant is accused of the crime of endangering the welfare of a child, another Class A misdemeanor. It is alleged in count three that on Nov. 5 Shetler knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count four, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly applying presuure on the throat or neck of a person "while in the kitchen near the door to the residence." In count five, Shetler is accused of criminal obstruction of breathing or blood circulation on a second occasion on Nov. 5. In count six, the defendant is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining a person on Nov. 5. In counts seven and eight, Shetler is accused of second-degree strangulation, a Class D violent felony. It is alleged in counts seven and eight, respectively, that on Nov. 7 Shetler intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, and/or any other physical injury or impairment while in the bedroom and again while in the bathroom of the residence. In count nine, he is accused of another count of unlawful imprisonment in the second degree for allegedly restraining a person on Nov. 7. In count 10, this man is indicted on another count of third-degree assault for allegedly intentionally injuring a person on Nov. 7. In count 11, he is accused of criminal obstruction of breathing or blood circulation of a person on Nov. 11. In count 12, Shetler is accused of fourth-degree criminal mischief for a second time for allegedly intentionally damaging a person's cell phone on Nov. 11.

James J. Spivey is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Oct. 25 in the City of Batavia that Spivey forcibly stole property when he was aided by another person who was present. In count two, he is accused of attempted second-degree assault. It is alleged in count two that in the commission, or attempted commission of a felony -- second-degree robbery -- that he or another participant attempted to cause physical injury to a person not involved in the commission of the crime. In count three the defendant is accused of second-degree attempted assault. It is alleged in count three that on Nov. 28 in the City of Batavia that with intent to injure another person, he did so by means of a dangerous instrument -- his footwear.

Lionel J. Anderson Jr. / AKA "PJ" is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Nov. 28 in the City of Batavia that the defendant intentionally caused physical injury to another person by means of a dangerous instrument -- "a street curb and/or a belt."

Robert C. Paris is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 7 Paris drove a 2000 Chevrolet on Route 63 in the Town of Batavia while in an intoxicated condition. In Special Information filed by the District Attorney, Paris is accused of having been convicted of DWI as a misdemeanor on April 27, 2016 in Batavia City Court and that conviction was within 10 years of the commission of the crime alleged in this indictment.

Robert R. Greiner III is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 3 in the Town of Darien that Greiner drove a 2015 Nissan while intoxicated. In count two he is indicted on DWI, per se, as a misdemeanor for allegedly having a BAC of .08 percent or more at the time. In count three the defendant is accused of the crime of unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count three that on June 3 in the Town of Darien that Greiner drove the Nissan knowing that he did not have the owner's consent to do so.

John R. Clee is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 15 in the Town of Alabama that he intended to defraud, deceive or injure another party by knowingly possessing a forged instrument -- a counterfeit $50 bill in U.S. currency.

Law and Order: State Street resident accused of trespassing at mall

By Howard B. Owens

Lazeula D. Washington, 40, of State Street, Batavia, is charged with trespass. Washington is accused of entering the Genesee Country Mall though previously barred from the property. He was jailed on $250 bail.

Jeffery Thomas Dutton, 26, of Buell Street, Batavia, is charged with harassment, 2nd. Dutton was arrested after police responded to Walnut Street for a report of two men fighting.

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested after allegedly failing to appear on a subpoena related to a charge of criminal contempt, 2nd. 

Dexter L. Turner, 26, of Victor Lane, Hamlin, was arrested on two warrants out of City Court. He was jailed on $5,000 bail or $10,000 bond.

David C. Wojkowski, 33, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket.

Daniel J. Horner, 37, no permanent address, was arrested on a warrant for alleged failure to appear on a prior appearance ticket.

Deina Chavez, 36, of Rochester, is charged with conspiracy and petit larceny. Deina was arrested by State Police in relation to an incident reported at 1:13 p.m. Oct. 28 at Kohl's Department Store. Chavez was jailed on an unspecified amount of bail. No further details released.

Duo accused of forcing their way into Alexander home, attacking resident

By Howard B. Owens
hollandmugshot2017.jpg
      Amber Holland
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     Jennifer Martino

Two women are in custody following an apparent confrontation inside another person's home in Alexander at 5:28 p.m., Tuesday.

Arrested were Jennifer Martino, 42, of Pearl Street, Batavia, and Amber Holland, 35, of Cambridge Square, Buffalo. They were charged with second-degree robbery, second-degree burglary, criminal mischief, 3rd, endangering the welfare of a child, and criminal mischief, 4th.

According to the Sheriff's Office, the duo forced their way into the home of an acquaintance. Once inside, investigators said, there was a physical confrontation. The duo also allegedly damaged property and stole property belonging to the resident.

Martino and Holland allegedly prevented the victim from calling 9-1-1 by taking the person's mobile phone. 

One of the occupants of the home was reportedly a 12-year-old child.

No significant injuries were reported.

Following the report, deputies located a vehicle with Holland and Martino inside and Holland driving. She was also charged with DWI, failure to submit to breath test, and unlawful possession of marijuana.

The pair were arraigned in Alexander Town Court and jailed on $10,000 bail or $20,000 bond each. Holland was also arraigned in City Court and ordered held on the DWI charge on $2,500 bail.

The investigation was conducted by Deputy Micheal Lute, Deputy Kyle Krzemien, and Investigator Joseph Graff.

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