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Wednesday, June 4, 2014 at 2:14 pm

Law and Order: Walmart shopper accused of locking dogs in hot car

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

Ralph E. Stevenson, 60, of Clinton Street, Bergen, is charged with confinement of companion animal in vehicle. Stevenson allegedly confined three small dogs to the interior of his car in 81- degree weather at Walmart. The internal temperature of the vehicle at 11:34 a.m., Monday, was 122 degrees on the dashboard and 116 degrees on the seats, based on measurements by a laser thermometer.

Kenneth L. Powell, 58, of Telephone Road, Le Roy, is charged with menacing, 2nd, and harassment, 2nd. Powell allegedly threatened a person with a knife and hit that person in the face with his fist. The alleged incident was reported April 30 on Ellicott Street.

Crystal J. Hough, 31, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Hough was arrested on a City Court bench warrant.

Shaqueita Lashaun Irvin, 22, of Hutchins Street, Batavia, was arrest on a bench warrant related to a petit larceny charge. The warrant was issued in Village of Corfu Court. Irvin was jailed on $5,000 bail. Irvin was also arrested on a warrant out of Town of Batavia Court for alleged trespass.

A 16-year-old resident of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. The youth allegedly possessed brass knuckles and marijuana.

Bryan David Dinelli, 41, of Churchill Street, Akron, is charged with aggravated harassment. Dinelli is accused of making unwanted phone calls for no legitimate purpose to another person.

Tuesday, June 3, 2014 at 7:49 am

Rap video could become relevant in Dashawn Butler case

post by Howard B. Owens in batavia, crime

Batavia resident Dashawn Butler, suspected of discharging a firearm on State Street in September, was jailed Monday in lieu of $25,000 cash bail after being arraigned on a three-count Grand Jury indictment.

Butler entered a not guilty plea to 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.

District Attorney Lawrence Friedman declined to discuss much about the case after Butler's appearance in County Court, citing concerns that pre-trial publicity could make it more difficult to select a jury, but he acknowledged that a rap video featuring Butler could possibly be used in future court proceedings.

The video is attributed to Mobb Bugatti and was produced by Rochester-based Triple R Muzik Group. The video, along with another one Butler is featured in called "Rollin'," and widespread Web marketing and publicity on social network and music sites indicate the aspiring rapper and TRMG are pursuing a music career for Butler.

The video could be taken in that context, or be seen as something more sinister.

During "Red Flags" Butler is seen waving a red bandana and rapping about "murder death kill kill" and disrespecting (using a different word) the law.

The professionally produced video appears to have been shot on State Street, Hutchins Place and Lewis Place. One scene shows a Batavia police car cruising down a street.

If Butler and his defense attorney Thomas Burns decide to make the people prove Butler's guilt beyond a reasonable doubt, the video could become relevant if Friedman decides to portray Butler as gang affiliated and that the shots-fired incident Sept. 27 on State Street was tied to possible gang activity.

Friedman declined to answer a question along those lines.

Asked if the video might tell us something about Butler that might be relevant to the case, Friedman said, "some people might feel that way."

There was some wrangling in court Monday over Butler's bail status.

Butler has been out of jail since a couple of days after his arrest in December because Friedman wasn't ready at the time to conduct a felony hearing in City Court.

Friedman argued Monday that Butler is facing three C violent felonies, has a prior felony conviction that could make him a second felony offender for sentencing purposes, and has a prior instance of failure to appear.

Burns countered that Butler has made his court appearances on time in this case, the prior failure to appear was many years ago in New York City and Burns doesn't believe Butler will qualify as a second felony offender.

There's also a speedy trial issue to look at in the case, Burns said. An arrest warrant was issued for Butler in October, but he wasn't arrested until December and only just now indicted.

Friedman said it took two months for Batavia PD to locate Butler. When he was arrested it was in the house of a person parole officers were looking for and Butler was hiding in a bathroom. Those circumstances negate the speedy trial issue, Friedman indicated.

Burns said Butler has lived in Batavia since 2001, moving here from NYC. He currently has a part-time job with a local food service business. He asked that if Noonan were going to set bail that it be something reasonable like $4,500.

Noonan set bail at $25,000 cash or $50,000 bond, which was the bail amount set in City Court when Butler was arrested in December.

The attorneys will spend the next 45 days preparing motions in the case and Butler is due in court again at 9:30 a.m., Aug. 4.

Warning: The video below contains profanity. This clip is edited to show just a representative portion of the video.

Monday, June 2, 2014 at 2:38 pm

Law and Order: Alabama man charged with two felonies, several violations for allegedly riding ATV while intoxicated

post by Billie Owens in batavia, Alabama, corfu, crime, elba, Oakfield, Pavilion

Joshua Scott Bettilyon, 26, of Gorton Road, Alabama, was charged with two felonies and several violations stemming from an incident on May 30. He allegedly operated a motor vehicle with a BAC of .08 or more, which is a felony, and was also charged with DWI with a previous conviction of same within the last 10 years, another felony. In addition, he was cited for alleged ATV violations -- reckless driving, failure to yield to an emergency vehicle, unregistered vehicle, unlawful operation on highway, inadequate brake lights, unsafe tires, no / improper lights, and uninsured vehicle. Bettilyon was arrested by Sheriff's deputies after a short vehicular pursuit. NYS Police assisted in this incident, which was investigated by deputy Joseph Corona, assisted by troopers Hanssel and Kosowski.

Donald E. Ford, 40, of Oak Street, Batavia, was arrested by Batavia PD on charges of endangering the welfare of a child and harassment, 2nd, in an incident on May 30 on Oak Street. He allegedly threatened to harm an individual while that individual was in the presence of three children. He was jailed and bail set at $2,500. The incident was investigated by Batavia PD officer Eric Hill, assisted by officer Frank Klimjack.

Edwin Leroy Stancliff Jr., 35, of Alleghany Road, Corfu, was arrested by Sheriff's deputies on May 30 and charged with two counts of menacing, 2nd, and criminal possession of a weapon, 4th. Stancliff allegedly displayed a 6-inch kitchen knife during a domestic dispute, threatening his girlfirend and an acquaintance. After his arraignment in Pembroke Town Court, he was jailed. The incident was investigated by Sheriff's deputy Lonnie Nati, assisted by deputy Christopher Parker.

Christopher Lynn Bayliss, 35, of Tower Road, Wyoming, was arrested June 1 following the investigation of a motor-vehicle accident on Attica Road in Alexander. He is charged with felony DWI, leaving the scene of a property damage accident, refusal to take breath test, unsafe backing of a vehicle and driving without a seat belt. He was jailed on $5,000 cash bail and is to return to Alexander Town Court on June 10.

Bryan H. Fetterly, 28, of Barrville Road, Elba, is charged with harassment in the second degree -- physical contact, and criminal mischief in the third degree -- damaging property of another person in excess of $250. It is alleged that on West Main Street in the City of Batavia on May 30 Fetterly and two other subjects were in a vehicle when an argument took place. Fetterly allegedly kicked one of the subjects several times before exiting the vehicle and then struck the vehicle, causing damage to that vehicle. He was arrested and released on an appearance ticket and is to be in Batavia City Court on June 3. The incident was investigated by Batavia PD officer Chad Richards.

Allen W. Gray, 34, of Oak Street, Batavia, was arrested and charged with harassment, 2nd, following an incident on South Main Street, Batavia, on May 29. Batavia PD officers went to investigate a disturbance complaint and it's alleged that Gray shoved two people following a verbal altercation. He was issued an electronically generated appearance ticket and released. He is scheduled to appear in Batavia City Court on June 3. The incident was investigated by Batavia PD officer Stephen Cronmiller, assisted by officer Christopher Camp.

Mamie M. Baugh, 36, of Dewey Avenue, Rochester, is charged with third-degree assault following an incident on May 25 on Bank Street in the City of Batavia. She was arrested after Batavia PD responded to a disturbance at that location. She was issued an appearance ticket for city court. The incident was investigated by Batavia PD officer Keven DeFelice, assisted by officer Nedim Catovic.

Joseph Bennett, 26, of West State Street, Albion, is charged with criminal possession of stolen property and petit larceny. He was transferred to Batavia Police by Albion Police on May 29 after being arrested on a warrant for violation of Genesee County probation. He was jailed in lieu of $5,000 cash or $10,000 bail bond and is due in Batavia City Court on June 6. The incident was investigated by Batavia PD officer Nedim Catovic.

Darrin Mitchell Brown, 24, of South Pearl Street, Oakfield, is charged with criminal contempt, 2nd. On June 1, he was arrested by a Sheriff's deputy for allegedly violating a court order of protection by threatening the protected person. Brown was issued at appearance ticket and is scheduled to be in Town of Oakfield Court on June 16 to answer to the charge. The incident was investigated by deputy Joseph Loftus.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested by Batavia PD on May 29 on a bench warrant issued by Batavia City Court for allegedly failing to comply with drug court and petit larceny. He was jailed on $2,500 cash bail or $5,000 bond. He is to appear in city court again on June 26.

Michael D. Snyder, 42, of Pringle Avenue, Batavia, is charged with petit larceny. He was arrested following an incident on May 30 wherein he allegedly took a 30-pack of Budweiser beer from Top's Market without paying for it. Snyder fled eastbound on Route 5 and was apprehended near the Batavia Fire Department. He was released on an appearance ticket and is to appear in city court on June 3. The incident was investigated by Batavia PD officer Chad Richards, assisted by officer Richard Schauf.

John A. Snook, 26, of Gillette Road, Albion, is charged with petit larceny for allegedly stealing $51.95 in merchandise from Walmart on May 14. He was arrested by Genesee County Sheriff's deputies and is currently in Orleans County Jail and is scheduled to appear in Town of Batavia Court on June 16. The incident was investigated by deputy Joseph Loftis.

A 16-year-old student at Pavilion High School was arrested on May 30 and charged with criminal possession of a controlled substance, 7th. The student was allegedly found in possession of a controlled substance while at the high school. The student was issued an appearance ticket for Pavilion Town Court at a later date. The incident was investigated by Sheriff's deputy Chad Minuto.

Sunday, June 1, 2014 at 7:29 pm

Alleged one-eyed bandit accused of stealing gas clerk's prescription glasses

post by Billie Owens in batavia, crime

The clerk at the Kwik Fill at the corner of Ellicott and Jackson streets reports that an elderly white male allegedly stole his prescription glasses. The suspect was last seen walking toward Sav-A-Lot and law enforcement is responding. He is described as being 5'10'' with a skinny build, wearing a flannel shirt, suspenders, a cowboy hat and he has one eye.

UPDATE 7:29 p.m.: The glasses are aviator style and the theft is allegedly on the store's film, which an officer is reviewing.

UPDATE 7:33 p.m.: The suspect has been located and police are taking him to the Kwik Fill.

Sunday, June 1, 2014 at 5:00 pm

Allegedly drunk motorcyclist causes ruckus at Indian Falls Log Cabin

post by Billie Owens in crime, indian falls

An allegedly intoxicated motorcyclist is said to have caused a ruckus at Indian Falls Log Cabin Restaurant. The male allegedly punched an employee's car. He was last seen riding a Harley-Davidson toward Route 77. Law enforcement is responding.

UPDATE 5:04 p.m.: The bike is black. A female employee was also allegedly punched. City police are notified as the license returns to a city street.

Friday, May 30, 2014 at 3:34 pm

Photo: Suspected shoplifter taken into custody

post by Howard B. Owens in batavia, crime

Batavia PD tracked down a suspected shoplifter from Tops a short time ago behind Falleti Ice Arena. The suspect, whose name has not yet been released, was found riding his bicycle with the alleged stolen merchandise -- a 30-pack of Budweiser -- strapped to the back.

Thursday, May 29, 2014 at 5:31 pm

Caller says daughter 'asked to do lewd acts on a school bus'

post by Billie Owens in batavia, crime

A caller to dispatch reports "her daughter was asked to do lewd acts on a school bus." City police are responding.

Thursday, May 29, 2014 at 12:15 pm

Manhunt under way near Cedar Street for possible warrant suspect

post by Billie Owens in batavia, crime

A manhunt is under way in the area around Graham Corp. for a possible warrant suspect. A caller contacted dispatch about a "suspicion male" walking around and a Batavia Police officer spotted him and provided a name, which if it's him, is wanted by the law. After the suspect saw the officer, he ran into the woods behind Graham Corp., located on Florence Avenue. A canine unit is available if needed, the police said. The suspect is a white male wearing white pants and a red hoodie. He is said to be close to Cedar Street now.

Thursday, May 29, 2014 at 9:59 am

Law and Order: Man accused of giving fake name to police during investigation

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

Jarrod K. Fotiathis, 19, of Ellicott Street, Batavia, is charged with false personation. Fotiathis was suspected of being involved in a fight Wednesday night on Swan Street. When questioned, Fotiathis allegedly gave a false last name to a police officer. Officers reportedly asked him several times for his real last name and Fotiathis allegedly refused to do so. 

William Scott Smith, 46, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana at 11:45 p.m. May 16 on Main Road, Pembroke, by Deputy Kevin McCarthy.

Michael Joseph Elmore, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana and trespass. Elmore allegedly trespassed on private property and was found in possession of marijuana at 3:10 p.m. May 24 by Deputy Kevin McCarthy.

Kristine Szumigala, 40, of East Avenue, Batavia, is charged with harassment, 2nd. Szumigala was allegedly involved in a fight at 8:57 a.m. Sunday at 16 Bank St., Batavia.

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.

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