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Friday, February 1, 2013 at 8:15 am

Law and Order: Arrest made in alleged burglary in Darien

post by Howard B. Owens in batavia, byron, crime, Darien, Pavilion

Steven Edward Rheinheimer, 18, of Beachwood Place, Cheektowaga, is charged with burglary, 3rd, and petit larceny. Rheinheimer is accused of entering a building in Darien and stealing property some time during the month of December. Rheinheimer allegedly returned to that location at a later date in December and stole property from outside of that building. He was arraigned and released under supervision of Genesee Justice.

Elijah J. Dawson, 18, of 20 North Spruce St., Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Dawson is accused of punching and knocking down another person while in the presence of a child. Dawson was jailed on $1,000 bail.

Troy D. Hubler, 42, of 7634 Byron Holley Road, Byron, is charged with criminal contempt, 2nd, failure to appear and unlicensed operation, 2nd. Hubler turned himself in on two warrants. He allegedly violated an order of protection and failed to appear on the unlicensed operation count. Hubler was jailed on $2,500 bail.

Alex S. Dumbleton, 19, of 121 Liberty St., Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Dumbleton is accused of punching a person under age 17 several times.

Derek F. McQueen, 25, of Akron, is charged with acting in a manner injurious to a child. McQueen was arrested by State Police in relation to an alleged incident reported at 1:04 p.m., Jan. 12. No further details were released. McQueen was jailed on $5,000 bail.

Bernard L. Evans, 42, Pavilion, is charged with criminal contempt and harassment, 2nd. Evans was arrested by State Police in connection with an alleged incident reported at 1:17 p.m., Sunday. No further details released. Evans was jailed on $2,500 bail.

Friday, February 1, 2013 at 7:43 am

Keeney resident accused of illegally discharging a weapon near residence

post by Howard B. Owens in crime, Le Roy

Police have completed an investigation into a report of a shot being fired near a home on Keeney Road, Le Roy, on Jan. 11 and charged a resident of the street with two counts of criminal possession of a weapon.

Howard Clarence Schultz, 54, was also charged with two counts of illegal discharge of a weapon within 500 feet of a residence.

Deputies and state troopers responded the night of Jan. 11 after a Keeney Road resident reported a shot fired near his home and even thought a person with a gun had been on his porch.

Keeney Road was closed by officers and there were some tense moments as they observed a person in a house who they believed had a gun.

After several minutes the man came out and the situation was resolved without further incident.

Initially, Schultz was arrested on a warrant out of the Town of Greece.

Schultz reportedly has a prior felony conviction and is prohibited from possessing a firearm.

The two counts stem from the alleged Jan. 11 incident and from an allegation that Schultz possessed a firearm while hunting Dec. 5.

Schultz was issued an appearance ticket and is ordered to appear in Town of Le Roy Court on Feb. 19 for arraignment.

The incident and investigation were handled by Deputy Frank Bordonaro, Deputy Howard Butler, Deputy Joseph Graff, Deputy Eric Seppala, Sgt. Ron Meides, Trooper Holly Hanssel and Trooper Mark Catanzaro, Trooper Ryan Dulkiewicz and Environmental Conservation Officer Rick Rauscher.

Thursday, January 31, 2013 at 4:41 pm

Man who made false claims for welfare given intermittant jail sentence

post by Howard B. Owens in batavia, crime

A Fairmont Avenue resident will serve a three-month intermittment jail sentence as a result of welfare fraud in 2011.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, was sentenced today in Town of Batavia Court by Judge Michael Cleveland.

He admitted in March to obtaining under false pretenses $2,176.13 in temporary assistance and food stamps through DSS from March 2011 through July 2011.

Hackman was working as a self-employed scrap recycler while drawing benefits and didn't disclose the income.

According to DSS officials, Hackman has already paid his restitution.

Thursday, January 31, 2013 at 4:17 pm

New attorney for man accused of sexual abuse given time to study the case

post by Howard B. Owens in Alabama, crime

The trial date for an Alabama man indicted on 28 counts of sexual abuse has been moved back, giving his new attorney time to become familiar with the case.

Earl Francis Sprague , 42, of Church Street, Alabama, was also later indicted on counts of criminal solicitation, 2nd, for allegedly trying to hire somebody to murder a witness.

Last week, William Harper, of the Public Defender's Office, withdrew from the case, citing a conflict of interest. Harper is representing one of the criminal solicitation witnesses on an unrelated criminal matter.

Since the witness wouldn't agree to a new attorney, Sprague consented to the change of attorney.

He is now represented by Fred Rarick, who was assigned to the case today.

Attorney and client will appear in court Feb. 20 to update Noonan on Rarick's progress in becoming familiar with the case, at which time a trial date will be set.

In August, Sprague was indicted on 28 counts sexual abuse in the first degree against a child under age 11. He allegedly abused a child on 28 separate occasions from 1999 through 2009.

Sprague is currently being held in the Genesee County Jail.

Thursday, January 31, 2013 at 3:55 pm

Man involved in check forgery given five years probation

post by Howard B. Owens in batavia, crime

Bath salts may have played a role in the criminal conduct of a former Batavia resident who admitted in October to possessing forged checks and who was sentenced in Genesee County Court today.

Richard Lee Matson, 30, will serve a four-month intermittent jail sentence and five years on probation as a result of his guilty plea.

Matson could have been sentenced up to seven years in prison.

As part of his guilty plea, Matson stipulated to $4,500 in restitution for his victims, but Public Defender Gary Horton objected to the restitution today because there was much less requested in actual claims filed through Genesee Justice.

Judge Robert C. Noonan said Matson will need to come back at a later date for a restitution hearing, giving the District Attorney's Office more time to collect restitution claims.

Horton, in arguing for the probation sentence, told Noonan that at the time Matson was involved with the forged checks, he was also using bath salts.

"We all are fairly familiar with the affect bath salts can have on someone's life," Horton said.

Horton added that Matson is a valued employee by his employer.

Thursday, January 31, 2013 at 1:21 pm

'Vile' letter to ex-girlfriend a factor in 15-year sentence for admitted serial burglar

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

Russell P. Cessna, 25, of 18 Pleasant St., Le Roy, will spend somewhere near the next 15 years in state prison.

Cessna was sentenced in county court this morning for burglarizing more than a dozen homes in Genesee County.

As District Attorney Lawrence Friedman told Judge Robert C. Noonan, if Cessna received the maximum sentence under his plea agreement, he would spend less than a year in jail for each of his crimes.

Three of Cessna's victims told Noonan how Cessna's burglaries had changed their lives forever.

"I don't like that I don't trust people anymore," said one victim. "I don't like that I don't like seeing cars parked in front of my house because I don't know if somebody is looking at my house because they want to take something from me."

The victim suggested that when Cessna gets out of prison, he be required to do 2,080 hours of community service to reimburse the government for all the resources used to investigate, prosecute and incarcerate him.

Another victim said Cessna stole her wedding ring (custom designed by her husband, which she wasn't wearing during her pregnancy) and her graduation ring.

"He took away the two things that meant the most me and something that can't be replaced," she said.

Another victim also said he has become more distrustful and worried about people coming onto his property.

"You're going to have a lot of time in the next 1,800 to 5,400 days of your life," the victim said. "You'll be able to think about why you did what you did and why you didn't just get a job."

Noonan also received letters from friends and family who support Cessna, but there was also a letter Cessna wrote to a former girlfriend and obtained by the District Attorney's Office that Noonan characterized as "vile."

The letter was discussed extensively by Friedman and defense attorney Jerry Ader.

The letter was written shortly after Cessna's arrest at a time, Ader said, when Cessna was coming down from a severe heroin addiction. Cessna was unhappy with his former girlfriend for something she did that was unrelated to his criminal case.

Ader argued that the letter shouldn't be used as evidence of Cessna's character, yet he couldn't deny that it's a part of who his client is. But he's also a person with friends and family who support him, the attorney said.

"The letters do not paint my client in some rainbow," Ader said. "He is somebody who is troubled, who, while he may not admit it, has mental health issues, issues that run in his family and a drug problem that runs in his family. I'm not saying that excuses him. It explains him."

Local law enforcement caught up with Cessna July 31 as part of an undercover operation that located Cessna in the act of burglarizing a home on Summit Street, Batavia. He accepted a guilty plea to two counts of burglary, 2nd, on Jan. 16.

According to Friedman, Cessna cooperated with investigators from four different law enforcement agencies, admitting to a string of burglaries. Friedman said that cooperation did more to help Cessna himself than it helped law enforcement, because by admitting to the crimes, Cessna avoids possible separate prosecution later on new charges.

Cessna read a handwritten statement to Noonan.

"I wish I could take it all back, but it's too late now," Cessna said, adding later that he knows his actions were selfish. "I'm sorry. I hope they (his victims) can forgive me."

Noonan said Cessna's statement was "a reasonable response for somebody who has committed terrible acts against strangers."

But then there is that letter to Cessna's former girlfriend.

"The letter submitted that was written to a former girlfriend is one of the most vile things I've ever read as part ofa pre-sentence package," Noonan said. "Whether it represents who Mr. Cessna is or, as his attorney said, a part of Cessna, that this man would write such a very, very disturbing letter tells me a lot about the person I am about to sentence."

Cessna was also ordered to pay $32,107.15 in restitution.

Thursday, January 31, 2013 at 12:27 pm

Following jury verdict on criminal contempt charge, Le Roy man restrained by deputies

post by Howard B. Owens in crime, Le Roy

A man tried this week on a criminal contempt charge had to be restrained by deputies yesterday afternoon after a jury found him guilty.

Security measures were in place from the start of the trial of Jon Nelson Roblee, 37, of Linwood Road, Le Roy. He wore a weighted boot to inhibit his ability to flee and the defense table was angled toward the jury in such a way, with a skirt around it, that jurors would not be able to see any restraints that might have been placed on him (none where during the trial).

After he was pronounced guilty, Roblee became fixated on the two people who were the victims of his refusal to obey a court order, according to Deputy John Baiocco.

"He stood up and pointed and started yelling that it was a conspiracy to commit murder and took a step towards them," Baiocco said. "He had to be physically restrained."

Baiocco and Deputy Daniel Van Valkenburg grabbed Roblee, and with the assistance of Sgt. Bill Scott, Van Valkenburg cuffed Roblee. He was immediately returned to the Genesee County Jail.

Roblee was indicted on the criminal contempt, 1st, charge in June for calling a person protected by a court order and telling the victim, "I am going to get you and him, too, if it takes the rest of my life."

In October 2011, Roblee was arrested and charged with menacing, 2nd, and harassment, 2nd. He was accused of throwing a coffee pot at a victim, cutting a victim's hand, and displaying two knives at a pair of victims and threatening to kill them.

Sentencing on yesterday's jury conviction is set for 1:30 p.m., March 19.

Wednesday, January 30, 2013 at 3:39 pm

Man facing up to 11 years in prison for grand larceny pleads not guilty to new burglary counts

post by Howard B. Owens in alexander, crime

An Alexander resident -- who has already admitted to grand larceny in Wyoming County, and is facing prior theft charges locally -- entered a not guilty plea in Genesee County Court today to two new burglary counts.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, who is being held in Wyoming County Jail pending his sentencing Feb. 21, made a brief appearance before Judge Robert C. Noonan this afternoon.

Antonucci was indicted by the grand jury a week ago on two new counts of burglary in the second degree, stemming from two alleged break-ins at a residence in Darien.

In Genesee County, he was already facing incharges of burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th.

On Nov. 26, in Wyoming County Court, Antonucci entered a guilty plea to grand larceny, 3rd, and grand larceny, 4th. His original indictment also included a count of burglary, 3rd.

He faces from three and two-thirds to 11 years in state prison on the Wyoming County conviction, to be served concurrently with any sentence he might receive in Genesee County on the original set of charges.

The Wyoming County plea satisifies all of the charges in that county against him.

Wednesday, January 30, 2013 at 11:41 am

Law and Order: Le Roy man accused of using stolen debit card

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

Thomas Ianello Jr., 27, of 8 St. Marks St., Le Roy, is charged with criminal possession of stolen property, 4th, and petit larceny. Ianello is accused of wrongfully possessing a debit card belonging to another person and then using that debit card to make withdrawals. Ianello was released under supervision of Genesee Justice.

Cara Leigh Skye, 24, of South Loop, Steamburg, is charged with a felony count of bail jumping. Skye allegedly failed to appear for a court case in Alabama Town Court. Bail was set at $6,000.

Monday, January 28, 2013 at 5:00 pm

Le Roy PD looking for tips to help to solve burglary on Mill Street

post by Howard B. Owens in crime, Le Roy

Le Roy PD is looking for public assistance in solving a burglary at a business on Mill Street early Sunday morning.

The break-in occurred about 3:50 a.m. and no suspects have been identified.

The front door lock was broken and the thieves or thief forced entry into the business and stole items.

Anyone having information about this burglary is asked to contact the Le Roy Police Department at 345-6350.

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