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Thursday, May 29, 2014 at 6:45 am

Grand Jury files indictment in case of shots fired on State Street in September

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

A Genesee County Grand Jury has filed an indictment against a Batavia resident who is accused of firing a handgun at another person while on State Street on Sept. 27.

Deshawn Allen Butler, 34, was wanted for a time in connection with the shots fired incident and was arrested in December. He was released from jail a few days later when the prosecution, which wasn't ready to proceed with a pre-trial hearing, called a felony hearing.

Butler was indicted on counts of 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.

Other indictments filed by the Grand Jury:

Kelly M. Zwolinski is indicted on a count of criminal possession of stolen property, 4th, a Class E felony. Zwolinski is accused of knowingly possessing stolen property valued at more than $1,000. In this case, a Western barrel-racing saddle, a Western trail saddle, two sets of stirrups and a breast collar.

Jose A. Esquilin is indicted on a count of DWI as a misdemeanor and aggravated unlicensed operation, a Class E felony. Esquilin was stopped Dec. 6 on the Thruway in Pembroke.

Wednesday, May 28, 2014 at 3:20 pm

Prison sentence corrected for Alabama man accused of firing shots in direction of deputy

post by Howard B. Owens in

Sentenced once, an Alabama man who was arrested in November after police believed he had fired a weapon during an apparent domestic incident, was back in court today to be sentenced again.

Judge Robert C. Noonan said neither he, the prosecution nor the defense picked up on the fact in February that the charge Reuben Lay admitted to was not a violent felony. Since it wasn't, Noonan could not impose a determinate (set time) sentence under NYS sentencing guidelines.

The 50-year-old Lay could have withdrawn his guilty plea to criminal possession of a weapon, 3rd, but that would have exposed him to a trial on the other charges he face and a conviction could have meant consecutive sentences on each count.

Lay, who entered the courtroom with two state prison guards and was dressed in khaki slacks and a crisp white shirt and sporting close-cropped hear and sunglasses, declined the chance to withdraw his plea and was sentenced to 22 months to 66 months in prison.

During the early morning incident on Bloomingdale Road, Lay reportedly fired shots in the direction of a deputy and trooper. The Emergency Response Team was activated, but never deployed. Since there were no hostages and Lay presented no immediate danger to others, the Sheriff's Office decided to wait until the morning to arrest Lay rather than engage in a late-night confrontation.

Lay was charged with with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He was also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

Wednesday, May 28, 2014 at 8:12 am

Guitar stolen, pawned, but shop has no record of who bought it

post by Howard B. Owens in batavia, crime

This guitar was stolen from a local woman and pawned at a local pawn shop. The pawn shop has no record of who bought the guitar. Paul Draper is trying to recover the guitar for his aunt. If you know the whereabouts of the guitar, e-mail Paul at TheGCMG@Gmail.com.

Tuesday, May 27, 2014 at 4:01 pm

State Police investigating theft of little red Corvette

post by Howard B. Owens in batavia, crime

State Police say it disappeared much too fast -- a 1966 red Corvette was apparently stolen from the parking lot of Applebee's in Batavia at about 5 p.m., May 7.

The classic coupe has chrome side pipes, a black interior and is owned by a Wyoming County resident.

Anyone who is familiar with this vehicle or has information regarding this incident is asked to contact the State Police at (585) 344-3311.

Tuesday, May 27, 2014 at 12:02 pm

Law and Order: Neighbors in Alexander accused of fighting

post by Howard B. Owens in Attica, batavia, byron, crime, elba

Bradley Douglas Miller, 32, of Fullington Road, Attica, is charged with harassment, 2nd. Douglas was allegedly involved in a fight with a neighbor. Both parties suffered minor injuries.

Karen Marie Cummings, 45, of Alexander Road, Alexander, is charged with two counts of harassment, 2nd. Cummings is accused of fighting with a neighbor. Both parties suffered injuries in the incident.

Richard S. Ishmael, 49, of South Lyon Street, Batavia, was arrested on a bench warrant for alleged failure to appear. Ishmael was arraigned in Batavia City Court and jailed on $2,500 bail.

Wendy L. Henry, 29, of Central Avenue, Batavia, was arrested on a bench warrant. Henry was located at an address on Ellicott Street, Batavia. Henry was jailed on $150 bail.

Jeremiah P. Hackett, 27, of Taunton Place, Buffalo, is charged with DWI and failure to maintain lane. Hackett was arrested following an investigation by Officer Stephen Cronmiller reported at 2:19 a.m., Sunday. Hackett's vehicle reportedly struck a tree at 74 Oak St., Batavia.

John Sumlin III, 35, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 3rd, and unlicensed operator. Sumlin was stopped at 3:30 a.m. Sunday on Park Road, Batavia, by Deputy Joseph Corona. Sumlin was jailed on $25,000 cash bail or $50,000 bond.

Jeffrey Mark Black, 49, of North Byron Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Black was stopped at 1:20 a.m. Sunday on Byron Holley Road, Byron, by Deputy Joseph Corona.

Andrew DeMara Hewitt, 29, of Locust Drive, Hamlin, is charged with petit larceny. Hewitt was arrested on a warrant for alleged failure to appear in Town of Byron Court. Hewitt was arraigned and released.

Tuesday, May 27, 2014 at 9:58 am

Arrest warrant issued for man accused of strangulation in incident on West Main on Friday

post by Howard B. Owens in batavia, crime

Edward R. Loper, 26, of Batavia, is wanted by the Sheriff's Office in connection with an alleged strangulation during a domestic incident Friday morning at 4036 W. Main Street Road, Batavia.

Numerous patrols responded to the location Friday morning, but officers were unable to locate Loper and he remains at large.

Loper is described as 5' 8" tall and 170lbs. He has shaved or very short brown hair, small tattoos on both sides of his neck and a small teardrop tattoo under his right eye. 

The Department of Parole also holds a warrant for Loper for an alleged violation of parole. 

Loper was released from prison in July after being sentenced in August 2012 to one-to-four years on a third-degree burglary conviction.

Anyone with information regarding Mr. Loper’s whereabouts is asked to call the Sheriff’s Office at (585) 343-5000.

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

Via WBTA

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."

Previously:

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.

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