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Friday, August 29, 2014 at 8:30 am

BPD looking for motorcyclist involved in hit-and-run accident

post by Howard B. Owens in batavia, crime

Police are asking the public to help identify a motorcyclist involved in a hit-and-run accident at about 5 p.m. Aug. 19 on East Main Street in front of Key Bank in Batavia.

The motorcycle hit a bicyclist.

The bicyclist was not seriously injured in the accident.

The motorcycle operator did stop and check on the bicyclist's condition, but then left the scene without providing name, address, license information and plate number.

The operator is described as a white male in his early 40s with a "salt and pepper" beard.

The motorcycle is described as a "cruiser (meaning not a street bike)." It was red and may have sustained damage on the right side of the handlebar and possibly to the front master cylinder.

Anyone with information is asked to call Officer James DeFreze at (585) 345-6350.

Friday, August 29, 2014 at 8:21 am

Law and Order: Arrests announced in apparent scrapping thefts

post by Howard B. Owens in batavia, crime, Darien, Oakfield

Jeremy Dean Lyons, 29, of South Pearl Street, Oakfield, is charged with criminal possession of stolen property, 3rd. Lyons was allegedly found in possession of more than $3,000 worth of copper wiring that was stolen from several buses parked at a business in Oakfield. Lyons was jailed on $50,000 bail.

William H. Kelly III, 44, Robert Kelly, 43, and Michael Correia, 58, all of Syracuse, are charged with criminal possession of stolen property, 3rd. The three men were arrested by the Wayne County Sheriff's Office for allegedly stealing more than $3,000 worth of brass fittings, electrical wire, tools, and plumbing and construction materials from a location in Batavia. They were arrested following a traffic stop in Huron and held without bail. (Source: 13WHAM).

Roger James Farney III, 31, of Clayton Street, Buffalo, is charged with criminal contempt, 1st. Farney was located by law enforcement at this former residence on Pearl Street Road, Batavia, allegedly in violation of an order of protection out of Family Court. 

Four Canadians -- Sarah C. Glassford, 22, of Acton, Ontario, David L. Jones, 22, of Walkerton, Ontario, Hayley M. Halls, 23, of Acton, Ontario, and Nicole P. Spurrell, 22, of Acton, Ontario -- are all charged with trespass. They were arrested by State Police in connection with a reported trespass at a location in Darien at 11:45 p.m. Aug. 16. No further details released.

A 16-year-old Batavia resident is charged with criminal mischief. She was arrested by State Police in the Town of Barre in connection with an incident reported at 6:55 p.m. on Monday. No further details released.

Thursday, August 28, 2014 at 6:52 pm

Attorney accused of stealing from client

post by Howard B. Owens in crime, Le Roy
Terrance Falk

An attorney and former Le Roy resident is accused of stealing settlement money from a client for whom he helped win a judgement in November, 2012.

Terrance A. Falk, 49, of 16 Woodsmeadow Lane, Rochester, is charged with charged with grand larceny, 3rd, following an investigation by Le Roy PD.

An investigation began after police received a complaint that from 2009 until the suit was settled, Falk represented the complainant. Falk allegedly received $15,000 from the other party on behalf of the victim, but misappropriated the funds. 

Grand larceny, 3rd, covers thefts of $3,000 or more.

Falk was arraigned and released on his own recognizance.

Thursday, August 28, 2014 at 9:14 am

Law and Order: Young man accused of punching older family member, leading to felony charge

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

Forrest Ansel III, 24, of East Main Street, Batavia, is charged with assault, 2nd. Ansel is accused of punching a relative several times, causing physical injury. The alleged victim is over 65 and more than 10 years older than Ansel. Ansel was arraigned and released under supervision of Genesee Justice.

Paul C. Ferraro, 19, of South Pearl Street, Oakfield, is charged with grand larceny, 3rd. Ferraro is accused of stealing more than $3,000 over a two-month period while employed at Save-A-Lot. Ferraro was jailed without bail.

Thomas Webb

Thomas A. Webb, 54, of Syracuse, is charged with criminal possession of a forged instrument, 2nd. Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene, but the other person fled before police arrived. Police recovered the checks and the IDs of both suspects. The investigation indicates at least one other person may be involved. That person appears to have supplied the forged checks to the suspects and similar checks that were cashed at another bank branch in the City of Batavia. Le Roy PD and Batavia PD are working together in an ongoing investigation.

Timothy J. Lewis, 20, of Ellicott Street Road, Pavilion, is charged with harassment, 2nd. Lewis is accused of hitting a family member and a friend while in the parking lot of Oliver's Candies at 3:30 a.m., Wednesday.

Katherine S. Thomas, 41, of Ross Street, Batavia, is charged with disorderly conduct. Thomas is accused of intentionally breaking a glass mug on the sidewalk in front of her residence, causing a physically offensive and hazardous condition.

Wednesday, August 27, 2014 at 5:26 pm

Noonan considering speedy trial motion in Dashawn Butler case

post by Howard B. Owens in batavia, crime

A Batavia police officer testified today that there was an extended effort to locate Dashawn Butler after a warrant was issued for his arrest in October 2013.

Butler's defense attorney asked questions and got answers that could suggest the police didn't do all they could.

Today's hearing was on a motion by attorney Tom Burns to have the felony charges against his client thrown out on "speedy trial" grounds.

Every defendant has a Constitutional right to a speedy trial. The clock starts ticking if the police are doing all in their power to locate the suspect. If they are making every effort, then the clock for a speedy trial starts at the time of arrest, rather than when the warrant was issued.

The warrant for Butler was issued in October, but he wasn't located and arrested until June.

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

Sgt. Dan Coffey said that after the warrant was issued, police officers checked at least six possible addresses for Butler and looking for Butler was a frequent topic of shift-change meetings.

On cross-examination, Coffey said he had never personally been to the address where Butler was eventually located, though he said BPD had that address under observation for some time. He said he had not contacted State Police to see if troopers had any idea about Butler's whereabouts, and he did not seek utility records in an attempt to track down an address for Butler. He said he did contact Social Services to see if that agency had an address for Butler, but DSS did not.  

BPD also monitored a social media account reportedly belonging to Butler.

Coffey also provided a series of e-mail exchanges as possible evidence of BPD's efforts to locate Butler.

Burns objected to introducing the e-mails as evidence under the hearsay rules.  

Friedman argued that in a hearing such as this, the hearsay rules didn't apply, but even if they did, the e-mails weren't hearsay because they weren't being used as proof of the crimes charged.

Burns cited two prior rulings that found such e-mails were hearsay and that the prosecution has an obligation to call as witnesses the other police officers involved in the exchange.

Judge Robert C. Noonan said he has never read those cases before, so he called for an adjournment to read the cases and consider Burns' motion.

Whether the hearing will continue at a later date will depend on how Noonan rules on the motion.

Butler remains free on bail. There is no trial date set yet.

Wednesday, August 27, 2014 at 8:30 am

Law and Order: Driver accused of possessing marijuana following accident in Le Roy

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

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Monday, August 25, 2014 at 3:32 pm

Jacquetta Simmons seeks modification of restitution order

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

Out of jail and out of work, Jacquetta Simmons, the young woman who punched an employee at Walmart on Christmas Eve 2011, is seeking a modification to the restitution order levied against her.

Her victim, Grace Suozzi, is entitled to reimbursement on $2,000 in medical expenses, Judge Robert C. Noonan has said. Simmons has been ordered to make monthly payments of $100.

According to statements made by Noonan from the bench today, Simmons is seeking a suspension of restitution payments.

While Simmons appeared in County Court today, she did so without her attorney.

She had written Noonan asking for the hearing, but her attorney, Earl Key, wasn't notified of today's court appearance in time for him to be in Genesee County Court.

Noonan rescheduled the appearance for Sept. 10.

Asked if she was looking for work, Simmons told Noonan she has applied for jobs.

Noonan told her that when she appears Sept. 10, she should have prepared an affidavit on her financial standing and outlining steps she's taken to find work.

For previous coverage of Jacquetta Simmons by The Batavian, click here.

Monday, August 25, 2014 at 11:39 am

Law and Order: Man accused of stealing knife at Walmart, using it as tool to steal other stuff

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

Christopher James Clark, 34, of Pearl Street, Batavia, is charged with petit larceny. Clark allegedly stole a knife at Walmart and then while inside the store allegedly used it to try and open packages containing drill bits. He tried to abandon the alleged stolen property under the vehicle in the parking lot when police arrived.

Carrie M. Capizzi, 30, of West Main Street, Batavia, is charged with felony DWI, aggravated unlicensed operation, 1st, driving without an interlock device and open container. Capizzi was stopped at 10:01 p.m. Thursday at 12 City Centre, Batavia, by Officer Chad Richards.

Kathleen E. Gonzalez, 52, of West Main Street Road, Batavia, is charged with petit larceny. Gonzalez is accused of stealing three packages of steak from Save-A-Lot in Batavia.

Lizbet D. Cramer, 37, of Lewis Place, Batavia, is charged with two counts of endangering the welfare of a child. Cramer allegedly left her 4- and her 15-year-olds unattended. The 4-year-old was allegedly abandoned at Austin Park for at least one hour before police were notified.

DaShawn A. Butler, 34, of Walnut Street, Batavia, is charged with harassment, 2nd. Butler allegedly issued a verbal threat of harm to another person.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with endangering the welfare of a child and forcible touching. Benz allegedly had inappropriate contact with a person under age 17 while at a playground at Jackson School at 4:33 p.m. on Aug. 11.

Nefetiria L. Turner, 32, of South Main Street, Batavia, was arrested on three warrants for alleged failure to appear on charges of unreasonable noise charge, aggravated unlicensed operation and harassment, 2nd. Turner posted cash bail and was released.

Deavin Herman, 20, of South Main Street, Batavia, is charged with petit larceny. Herman allegedly stole a bicycle from a location on Walnut Street.

Shane Zimblis, 43, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Zimblis was allegedly found in possession of marijuana during a warrant arrest.

Scott Allen Cratsley, 43, of Oak Street, Batavia, is charged with dog running at large. Cratsley's dog was allegedly seen running at large by Officer James Defreze and Sgt. Dan Coffey. That breed of dog, a St. Bernard, has allegedly been seen running at large several times previously.

Alexander L. Jordan, 19, of Pine Terrace, Macedon, was arrested on a warrant for alleged failure to appear on a third-degree menacing charge. Jordan posted $500 police bail and was released.

Michael S. Garrett, 23, of Washington Avenue, Batavia, turned himself in on a warrant for alleged failure to appear on a parking on city streets ticket issued March 18.

Forrest Ansel, 24, of Cone Street, Batavia, is charged with petit larceny and criminal contempt. Ansel allegedly went to the residence of a protected person. He allegedly stole property of that person.

Lawrence William Worsley, 34, of Presbyterian Street, Knowlesville, is charged with disorderly conduct. Worsley allegedly became verbally and physically abusive while at the Viper ride at Darien Lake Theme Park at 6:20 p.m., Sunday.

Jared Lewis Long, 44, of Clinton Street Road, Stafford, is charged with unauthorized use of a motor vehicle. Long allegedly took the Chevrolet Equinox of his girlfriend without her permission. The vehicle was returned to the residence and Long was ordered to stay away from the residence. He was later found by Sheriff's K-9 in a field behind the residence. 

Jessica Lynn Hill, 29, of Leonard Street, Mattydale, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right of way and license restriction violation. Hill was stopped at 10:45 p.m. Thursday on West Main Road, Batavia, by Deputy James Diehl.

William Allen Roll, 54, of Clinton Street, Attica, is charged with harassment, 2nd. Roll allegedly punched another person in the face at 3:54 a.m. Saturday while at an apartment on West Main Street Road, Batavia. Roll was jailed on $500 bail.

Karen A. Lemaster, 54, of Batavia, is charged with driving while impaired by drugs, 1st. Lemaster was stopped at 4:30 p.m. Saturday on Ohio Street, Village of Medina, by State Police.

Rhonda L. Reisman, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or higher. Reisman was stopped at 2:35 a.m. Sunday on Route 33, Stafford, by State Police.

Brian C. Reynolds, 33, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Reynolds was stopped at 11:32 p.m. Thursday on Route 20, Alexander, by State Police.

Erica A. Cook, 26, of Webster, is charged with DWI and driving with a BAC of .08 or greater. Cook was stopped at 11:45 p.m. Thursday on Route 20, Alexander, by State Police.

Zachary W. Plath, 21, of Le Roy, is charged with DWI and driving with a BAC of .08. Plath was stopped at 12:20 a.m. Friday on Route 20, Alexander, by State Police.

Sunday, August 24, 2014 at 1:16 pm

Sheriff's Office reports 19 arrests at Zac Brown concert

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Saturday:

Andrew R. Witzel, 18, of Rochester Road, Lakeville, is charged with criminal trespass and trespass after allegedly reentering the concert venue after being ejected and told not to return both times. Witzel was arraigned in Darien Town Court and remanded to jail in lieu of $1,500 bail. 

Bart M. Bartlett, 29, of East 2nd Street, Jamestown, is charged with criminal trespass, 3rd, after allegedly entering the VIP area of the concert venue after being ejected and told not to return.  Bartlett was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Alexandra H. Mitchell, 20, of Lamont Avenue, Niagara Falls, Ontario, Canada, is charged with trespass, harassment, 2nd, and resisting arrest after allegedly entering the Employee Road Exit after being told several times not to enter the area. Mitchell also allegedly pushed a deputy and then resisted arrest.

Nicholas A. Cummings, 18, of Lori Lane, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Joseph P. Fedele, 20, of Harvest Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Taylor J. Greean, 19, of Holley Byron Road, Holley, is charged with criminal possession of a weapon, 4th, after allegedly being found in possession of brass knuckles.

Jacob S. Vail, 24, of Nicole Lane, Angola, is charged with criminal trespass, 3rd, after allegedly jumping a fence into the concert venue.

Joshua A. Kuminski, 25, of Briarcliff Road, Cheektowaga, is charged with harassment, 2nd, and disorderly conduct after allegedly punching a PAC security officer in the face after being asked to leave the venue and then fighting with PAC security while being ejected.

Daniel M. Regan, 22, of Greenwood Place, Buffalo, is charged with harassment, 2nd, after allegedly slapping a PAC security officer in the face.

William Dormann Jr., 32, of Bennett Road, Cheektowaga, is charged with harassment, 2nd, after allegedly punching and twisting the hand of a Darien Lake security officer.

Gary R. McTarnaghan, 27, of Route 408, Nunda, is charged with disorderly conduct after allegedly participating in a large fight in the lawn area of the concert venue.

Joseph S. Tonque, 30, of Main Street, Corning, is charged with disorderly conduct after allegedly fighting with PAC security.

John P. Mahoney, 44, of Seib Road, Girard, Pa., is charged with trespass after allegedly reentering the concert venue without a ticket.

Braydon B. Wolfe, 25, of Victor Lane, Hamlin, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Brian D. Adams, 24, of Robbins Nest Court, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Bradley T. Willis, 24, of Allens Hill Road, Honeoye, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Christopher P. Colby II, 35, of Linwood Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Margaret M. Hout, 54, of Griffon Avenue, Niagara Falls, is charged with three counts of harassment, 2nd, after allegedly punching a patron in the face, striking two other patrons in the face and pulling one's hair. 

Brittany E. Hout, 24, of Griffon Avenue, Niagara Falls, is charged with harassment, 2nd, after allegedly pulling another patron's hair and pulling her to the ground.

Saturday, August 23, 2014 at 10:22 am

Man already charged with criminal sexual act accused of raping another woman

post by Howard B. Owens in crime, Le Roy
Michael Stack

A Le Roy resident already facing a felony charge for allegedly forcing a sexual act on a woman who was physically helpless has been arrested on a rape charge involving another woman.

Michael J. Stack Jr., 37, of 7450 Randall Road, was arrested by Le Roy PD and charged with first-degree rape.

Stack was arrested July 23 and charged with criminal sexual act, 1st, for allegedly having oral sex with a victim by forcible compulsion while the woman was physically helpless.

After the investigation into that allegation, another woman came forward and said she was raped.

Stack was jailed on new charge on $10,000 bail.

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