crime

One of four men allegedly involved in a home-invasion burglary in October on Central Avenue, Batavia, was supposed to be sentenced on a guilty plea in that case, but it turns out there is a disagreement between the attorneys in the case on what exactly was in the plea deal given to Daniel J. Gilbert.

At the start of the hearing, District Attorney Lawrence Friedman told Judge Charles Zambito that the agreed upon sentence was a straight-up five years in prison (a determinate sentence).

Zambito turned to defense attorney Thomas Burns and asked, "is that your understanding?"

"That's not accurate," Burns said. "That's not our position at all."

Zambito asked if Burns wished to discuss the plea on the record and Burns said he did not, so Zambito called for a recess and met with the attorneys in chambers.

When he returned he said that Burns would be able to file a position paper with supporting citations, and Friedman would be given a chance to answer.  Because of trial schedules and vacation schedules, Gilbert won't be back in county court for a hearing on the plea, and possible sentencing, until 11 a.m. on June 20.

Asked for more information outside of court on the particulars of the dispute, Friedman said he couldn't discuss it.

The cases for the other defendants, Oliver Thomas, Marquis Saddler and Adante Davis, are still pending.

A letter from the Sheriff's Office said the activities of Jeffery D. Torrey Sr., give indications that he has been dealing drugs recently and a letter from Torrey's wife said he travels around with a bodyguard. 

"This is not a favorable PSI," Zambito told Torrey, before saying he did consider rejecting his prior guilty plea.

Instead, Zambito sentenced Torrey to six months in jail and five years probation.

Torrey had previously entered guilty pleas to criminal possession of a controlled substance, a felony, and criminal possession of a weapon, 4th, a misdemeanor. 

The Local Drug Task Force executed the warrant on Torrey's home in October. Agents found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Torrey made no statement when asked, prior to sentencing.

Undersheriff Greg Walker was head of the task force at the time and wrote the letter in the pre-sentence report expressing concern about Torrey's activities.

Zambito said he took the letter seriously.

"The Sheriff's Department doesn't often take a stand," Zambito said.

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

Stephen Edward Edmonds, 53, of Dodgeson Road, Alexander, is charged with DWI, aggravated DWI -- driving with a BAC of .08 percent or higher, and failure to keep right. Edmonds was arrested at 1:34 a.m. on April 15 on Wilkinson Road, Batavia, for allegedly going over the center line of the roadway. He was allegedly intoxicated at the time. The defendant was released with appearance tickets for Batavia Town Court on May 4. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Kayla A. Ladue, 21, of Barry Road, Rochester, is charged with unlawful possession of marijuana and speeding in a 55-mph zone. Ladue  was arrested at 7:54 p.m. on April 27 on Clinton Street Road, Bergen. Following a traffic stop for allegedly speeding, it is alleged that Ladue had marijuana in her possession. She was issued an appearance ticket for Bergen Town Court on May 3. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan DeLong.

Adam Stephen Terhaar, 23, of Torrey Pine Drive, Rochester, is charged with unlawful possession of marijuana. Terhaar was arrested at 9:09 p.m. on April 28 on Judge Road in Alabama following a traffic stop. The stop was made after a complaint of traffic offenses that had occurred. He was allegedly found to be in possession of a quantity of marijuana, a glass smoking pipe and a grinder. He was released on an appearance ticket for Alabama Town Court on May 30. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Michael Lute.

A larceny of cigarettes was just reported at the Family Dollar store on East Main Street in Batavia. The suspect left in a red Camaro and is now heading east on Clinton Street. Batavia PD is responding and the Sheriff's deputies are alerted.

UPDATE 7:37 p.m.: Within five minutes the suspect vehicle was stopped. A law enforcement officers says of the suspect, who is a passenger in the vehicle: "All she got was one pack of Pall Mall Red 100s."

Glenn H. Quintern is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Nov. 5 Quintern knowingly entered or remained unlawfully within a dwelling on Central Avenue in the City of Batavia with the intent to commit a crime.

Le Roy Police are responding to a report of 10 people "physically fighting" in the area of 17 Pleasant St. 

Ricky Miller II had previously entered a guilty plea to third-degree robbery.

Defense Attorney Jamie Welch sought an adjournment of the sentencing in Genesee County Court this afternoon to give Miller more time to complete $254 in restitution in order to avoid fees and surcharges.

Miller is expecting a tax-refund check the first week of May, so Welch asked for sentencing on May 8.

District Attorney Lawrence Friedman said it would cost the county more than $250 to house him in the local jail those additional days.

Judge Charles Zambito denied the request.

Miller can avoid some additional fees if he makes restitution before May 8. If he doesn't, then he must pay $25 per month until restitution is paid (Welch asked for $10 a month and Friedman countered $50 per month and Zambito went to with $25).

When asked to make a pre-sentence statement, Miller declined.

He was given two to four years in prison.

News partner WBTA contributed to this report.

Elizabeth Ann Hicks, 34, of Jackson Street, Batavia, is charged with promoting prison contraband, 1st, criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Hicks was allegedly found in possession of a needle and syringe with Suboxone while being booked on an unrelated charge. She was jailed on $5,000 bail, $10,000 bond.

David Henry Luther, 56, of Cider Mill Court, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, consuming alcohol in a motor vehicle. Luther was charged following a "check the welfare" call on Bloomingdale Road, Tonawanda Indian Reservation, at 7:43 p.m. Sunday by Deputy Michael Lute.

Alicia Brandi Clark, 41, of Halstead Road, Batavia, is charged with endangering the welfare of a child, unlawful possession of marijuana, mobile phone use on highway and misuse of dealer plates. Clark was stopped at 4:35 p.m. Saturday on Lewiston Road, Batavia, by Deputy Michael Lute.

Timothy McCarthy, 47, of Alexander, is charged with DWI and driving with a BAC of .18 or greater. McCarthy was stopped by State Police.

Shawn Matthew Szczcygiel, 39, of Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, unsafe tires, and inadequate exhaust. Szczcygiel was stopped at 4:54 a.m. Saturday on Tinkham Road by Deputy Eric Meyer.

Hector Maximilliano Vidal, 22, of Eggert Road, Tonawanda, is charged with petit larceny and unlawful possession of marijuana. Vidal is accused of shoplifting at Kohl's.

Dustin W. Bogue, 35, no permanent address, is charged with trespass. Bogue allegedly entered property owned by another person after being advised to stay off the property. He was jailed on $1,000 bail.

Ashley N. Ziccardi, 24, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear.

Tiffany M. Brown, 25, of Maple Street, Batavia, was arrested on a warrant for alleged failure to appear. Brown was arrested by Sheriff's deputies and turned over to Batavia PD on a City Court warrant.

Russell R. Miles, 48, of South Main Street, Batavia, is charged with criminal contempt, 1st. Miles allegedly violated an order of protection. He was allegedly found at the residence of the protected party in violation of the order. He is accused of violating the same order at least twice in five years. He was jailed without bail.

Brian J. Hawkins, 37, of Pries Avenue, Buffalo, was arrested on warrant for alleged failure to appear. He was taken into custody at the Erie County Holding Center on the warrant. He was jailed on $300 bail.

Police received reports of possible youths dropping bricks or throwing bricks from the train track overpass on Lehigh Avenue, Batavia.

Units responded and two individuals have been spotted and police are trying to catch them as they move along the train tracks.

Both are described as white males, one wearing a black sweatshirt and black pants and the other is wearing a red sweatshirt.

UPDATE 10:51 p.m.: There is debris in the roadway that needs to be cleaned up. Police are still searching for the two individuals.

Julie Ann Stymus, 41, of Ellicott Street, Batavia, is charged with misapplication of property. She was arrested at 1:52 p.m. on April 19 on Veterans Memorial Drive. The defendant allegedly borrowed more than 400 DVDs which were supposed to be returned to the owner(s) but which Stymus allegedly pawned. She was released on an appearance ticket for May 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy James Diehl.

Todd Howard Campbell, 35, of Shrubbery Lane, Rochester, is charged with DWI and refusal to take a breath test. Campbell was arrested at 9:19 p.m. on April 11 on North Lake Street in Bergen for DWI. He allegedly struck a vehicle in Monroe County, causing injury to the driver, then fled the scene. Several witnesses followed his vehicle to the Village of Bergen where he was located by members of the Genesee County Sheriff's Office. He allegedly refused to take a breath test and was arraigned in Town of Le Roy Court where his driver's license was immediately suspended. Campbell was jailed in lieu of $1,000 bail and issued numerous traffic tickets by the Monroe County Sheriff's Office. The case was investigated by Genesee County Deputy Christopher Erion, assisted by Deputy Richard Schildwaster.

Shauna Elizabeth Driscoll, 28, of Wadsworth Avenue, Avon, is charged with: operating a motor vehicle with a BAC of .08 percent or more; DWI; harassment; driving left of pavement markings; and failure to use designated lane. Following the investigation of a traffic offense complaint on East Main Road in Le Roy at 9:58 p.m. on April 14, Driscoll was arrested and charged with the counts cited. She was released with an appearance ticket for Town of Le Roy Court on May 15. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

On April 18, State Police Batavia Troopers arrested Alsimeon Peterson, 18, from Hampton, Ga., on a warrant that stemmed from a pursuit that took place on April 15. On April 15, troopers attempted to stop Peterson on Park Road in Batavia. Peterson allegedly refused to stop and proceeded down the New York State Thruway where he was eventually stopped in Monroe County by the Monroe County Sheriff's Office and taken into custody. On April 18, Peterson was released from the Monroe County Jail and turned over to SP Batavia Troopers. Peterson was charged with two counts of reckless endangerment, 2nd, one count of fleeing a police officer, 3rd, and multiple traffic violations. He was arraigned in the Town of Batavia Court and put in Genesee County Jail in lieu of $10,000 bail.

On April 19, State Police Batavia Troopers arrested Daniel Difrancesco, 35, of Batavia, for felony DWI following a traffic stop on Route 5 in the Town of Batavia. Difrancesco was stopped for having a broken tail light. He subsequently allegedly failed field sobriety tests and refused to take a breath test. He was processed and arraigned at the Town of Batavia Court and released to appear on a later date.

A Niagara Falls man wanted in connection with a robbery Dec. 27 of the Key Bank branch in Batavia has been arrested in Assumption Parish, La.

Joel Zsebehazy, 33, was working as a handyman there, according to Houma Today, which also reported authorities in Louisiana said Zsebehazy made off with $10,275 in the robbery.

Batavia PD confirmed the arrest today and said authorities are awaiting Zsebehazy's extradition so he can be charged with the bank robbery and an alleged parole violation.

He was arrested on a federal fugitive warrant for alleged unlawful flight to avoid prosecution.

He was arrested at a home near a town called Belle Rose.

Photo: File photo released by Batavia PD the day of the robbery.

An 18-year-old male who lives on North Walnut Street, Attica, and another 18-year-old male who lives on Broadway Road in Alexander, are both charged with third-degree burglary and third-degree criminal mischief stemming from an incident which occurred in the early morning hours of July 10 on Broadway Road, Alexander. The youths, who were juveniles at the time, allegedly entered an uninhabited residence and caused damage to it using paint and varnish. They are arrested and charged following an investigation and were arraigned in Town of Alexander Court on April 18 and released under supervision of Genesee Justice. Both are due to return to court on May 9. The case was investigated by Joseph Graff of the Genesee County Sheriff's Office, assisted by Deputy Ryan Young.

Shauna Elizabeth Driscoll, 28, of Wadsworth Avenue, Avon, is charged with unlawful possession of marijuana. She was arrested at 8:33 p.m. on April 14 on East Main Street in Le Roy. According to the Sheriff's Office report the defendant "was issued an appearance ticket for unlawful possession of marijuana following her arrest for DWI." She allegedly possessed a quantity of marijuana in her vehicle. She is to appear in Town of Le Roy Court on May 15. The case was handled by Deputy Ryan DeLong.

Dwayne A. Pearsall, 26, no permanent address, has been arrested and charged with crimes related to alleged sexual abuse of two children in 2012 and another last year.

Pearsall is charged with attempted rape, 2nd, two counts of criminal sexual act, 2nd, sexual abuse, 2nd, and sex abuse, 1st.

The two alleged victims in 2012 were under age 15 and the 2016 alleged victim was age 11 or younger.

Pearsall was arrested by Batavia PD following an investigation by Det. Kevin Czora and arraigned today in County Court before being jailed without bail.

People with information that may assist in further investigation or other cases of sexual abuse are asked to contact Czora at (585) 345-6311. Batavia PD can be reached at (585) 345-6350. The confidential tip line is (585) 345-6370.

The man who broke into a local Mexican restaurant twice in a single night with the intention of stealing from the business in January will serve from two to six years in state prison, Judge Charles Zambito ruled in County Court this afternoon.

The attorney for Andrew Kosiorek, 44, argued that given his client's troubled background with no real chance at reform, a shorter prison term with community-based assistance might be appropriate.

But Zambito said when looking at Kosiorek's lengthy criminal record -- three stints in prison, five in jail, and several violations of either parole or probation, he has had a chance to overcome his background.

Attorney Jamie Welch said Kosiorek was put into foster care at a young age, probably because his parents were drug users, and that Kosiorek has been an addict his entire life.  

Kosiorek, who admitted to a single count of burglary, 3rd, said he started using drugs when he was 12.

Welch said Kosiorek broke into Rancho Viejo on Ellicott Street only because he was drunk and high at the time.

"Since he was a young man, his issues with substance abuse have never really been addressed," Welch said.

Kosiorek said he accepted full responsibility for his actions.

"I would like to get help," Kosiorek said. "I'm too old to keep doing the things I'm doing."

Zambito agreed that Kosiorek got a poor start in life, but as an adult, there's no doubt he's had plenty of opportunities to address his addictions and he hasn't done it. He also said if he really wants to address those issues, there are opportunities in prison.

A Brockport woman has been charged with offering a false instrument for filing in connection with a motor-vehicle accident where she allegedly gave false information about another vehicle hitting a pedestrian on Route 33 in Stafford.

Katelyn Marie Brown, 23, of Falling Leaf Trail, Brockport, is accused of saying a silver SUV struck the pedestrian at 3:21 p.m., March 19.

Brown allegedly told deputies that a silver SUV had been driving in front of her and struck the pedestrian before leaving the scene.

There's no evidence a silver SUV was involved in the accident.

Brown had previously been issued citations for alleged aggravated unlicensed operation, 2nd, failure to use due care and caution for a pedestrian, and moving from lane unsafely. 

The accident was investigated by investigators Chad Minuto and Joseph Graff.

A 31-year-old resident of Wyoming has been arrested and accused making up information about a car-tree accident at 2:35 a.m., June 10, on Fargo Road, Stafford, where a disabled passenger was seriously injured.

Nicole Kimberly Sullivan, 31, of North Main Street, Wyoming, is charged with assault, 2nd, endangering the welfare of an incompetent or physically disabled person, falsely reporting an incident, and operator leaving the scene of an accident with injuries. 

Sheriff's Office investigators say that following the accident, Sullivan was the actual driver of the vehicle, even though she initially told responders that the driver had left the scene. Firefighters and deputies then conducted an extensive search of the area for the possible driver, both to locate the driver and out of concern that the driver could be injured.

Later that morning, Sullivan admitted to deputies that she was the driver of the vehicle.

The passenger, Zachery W. Schwarts, 20, was transported by Mercy Flight to Strong Memorial Hospital.

Investigator Joseph Graff and Deputy Eric Meyer, who assisted in the investigation, assert that Sullivan failed to report the accident as soon as she was physically able to do so and that she failed to make timely notification of the need for medical assistance for the injured passenger.

Sullivan was also issued citations for driving left of pavement markings, unlicensed operator, aggravated unlicensed operation, 3rd, failure to notify DMV of address change, no seat belt, and unregistered motor vehicle.

Also assisting in the investigation, Sgt. John Baiocco.

Top Photo: File photo.

Kayla Simone Foster, 27, of Brunswick Boulevard, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, reckless driving, speeding, and failure to keep right. Foster was allegedly observed driving in the wrong lane in excess of 55 mph at 11:52 p.m., Friday, on Route 33, Byron. Foster was stopped by Deputy Eric Meyer and also charged with tinted windows, failure to attach registration, and failure to notify DMV of change of address.

Cristina Gabriele Vella, 24, of Pat Street, Rochester, is charged with unlawful possession of marijuana and speeding. Vella was charged following a traffic stop at 6:47 p.m. Saturday on Route 77, Pembroke, by Deputy Micheal Lute. Also charged with unlawful possession of marijuana was Nicholas Joseph Niedbala, 25, of Manitoba Woods Lane, Spencerport.

An employee at the Econolodge in Pembroke told dispatchers she had to lock herself in a closet because of the conduct of a person in the lobby.

The activity was described as "unwanted advances" by the female guest. 

The woman has apparently left the front desk area now, but the caller reports she kept repeating the phrase "the angels are with us."

She also reportedly "destroyed" the front desk area.

It's not known what room she is staying in.

Law enforcement is responding.

UPDATE 6:28 a.m.: The female has been located in front of the Flying J.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with two counts of obstructing governmental administration, criminal contempt, 2nd, and two counts of harassment, 2nd. Dhanda allegedly violated an order of protection. He is accused of spitting on and kicking the arresting officer, Officer Pete Flanagan. He was jailed on $5,000 bail or $10,000 cash.

Quentin L. Gibson, 32, of Glendale Drive, Lockport, is charged with DWI, aggravated unlicensed operation, no headlights, and obstructed view. Gibson was stopped at 11:47 p.m., April 7, on West Main Street, Batavia, by Officer Eric Foels.

Tyler D. Price, 24, no permanent address, was arrested for alleged failure to appear on a ticket.

Emily J. Walker, 24, of Sherman Stedman Road, Sherman Town, was arrested on a warrant. Walker allegedly violated terms of Drug Court. She was jailed on $100,000 bail.

Blake Riley Pahuta, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana and improper right turn at an intersection. Pahuta was stopped at 12:28 a.m., Thursday, on South Main Street, Batavia, by Officer Jason Ivison.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear. 

Donald C. Hale, 58, of Townline Road, Byron, criminal contempt, 2nd, turned himself in to police in connection with an investigation into his alleged attempt to contact a protected person.

Brandon J. March, 32, of South Main Street, Batavia, is charged with unlawful possession of marijuana. March was allegedly found in possession of marijuana at 7:46 a.m., March 31, at a location on Cone Street, Batavia, by Officer Frank Klimjack.

Joseph M. Marranco Jr., 46, of Pringle Avenue, Batavia, is charged with petit larceny. Marranco allegedly stole prescription pills from another person. He was jailed on $5,000 bail, $10,000 bond.

A 17-year-old resident of Holland Avenue was arrested on a warrant and jailed on $2,500 bail.

Aaron M. Talbot, 35, of Pearl Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 4th. Talbot was allegedly involved in a fight at 5:50 a.m., April 4, in which he struck another person and displayed a knife.