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Law and Order: Le Roy PD announces two arrests

By Howard B. Owens

Thomas J. Coleman, 55, of Alfred Drive, Rochester, is charged with DWI, driving with a BAC of .18 or greater, and speeding. Coleman was stopped by Le Roy PD after allegedly passing a patrol car at 47 mph in a 30-mph zone on West Main Street in the village at 9:44 p.m., Friday. Coleman allegedly failed to yield to the patrol vehicle's emergency lights and struck a curb prior to pulling over. Coleman was found to allegedly have a BAC of .18 or greater.

Nicholas T. Bowden, 21, of Le Roy, is charged with four counts of criminal possession of stolen property, 4th, and grand larceny, 4th. Bowden was arrested Monday by Le Roy PD. He allegedly possessed credit cards belonging to a relative and used the cards to make unauthorized withdrawals from an ATM machine of more than $1,000.

State Police release information on local cold case homicide

By Howard B. Owens

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Every Tuesday, Troop A, State Police, put out a press release on an unsolved crime, a cold case. Today's release is about a Cheektowaga woman whose body was found in Darien:

Cold Case Tuesday: The New York State Police in Batavia continue to investigate the 39-year-old murder of Jessica Rose Lane.
  
On Nov. 25, 1977, the partially decomposed body of Jessica Rose Lane, age 66, was found by two deer hunters in a wooded area off of Alley Road in the Town of Darien, Genesee County. The victim was found fully clothed with three fractured ribs, a fractured left elbow and a fractured skull, likely caused by stabbing.
 
Lane was last seen on Nov. 11, 1977, at Williamstown Apartments in Cheektowaga.
 
The exact location of the crime has yet to be determined. However, residents below the victim’s apartment claimed to have heard two “thumps” between the hours of 4 and 4:30 a.m. on Nov. 12, 1977.
 
Lane, who resided alone, was known to keep to herself and rarely had visitors. Suspects have been developed but no arrests have been made.
 
Anyone with information regarding this investigation is asked to contact Investigator Ron Wilson of the New York State Police Bureau of Criminal Investigation in Batavia by calling 716-361-1585. Please refer to SJS # 3029541.

Batavia woman accused of burglary, menacing with a knife

By Howard B. Owens
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 Ann Marie Capuano

A Batavia woman is accused of threatening employees of a business on State Street Road with a knife after they found her in the building allegedly burglarizing the establishment.

Arrested was Ann Marie Capuano, 32, of Montclair Avenue, Batavia. 

She is charged with burglary, 3rd, menacing, 3rd, criminal trespass, 3rd, possession of burglary tools and criminal mischief, 4th.

The break-in was reported at 8 a.m., Saturday.  

When deputies responded, Capuano was located leaving the area on a bicycle on State Street Road. She was stopped for questioning.

Capuano was identified as the suspect.

According to the Sheriff's Office, she threatened staff of the business with a knife when they located her in the business and requested she remain at the business until the arrival of law enforcement.

She was jailed on $5,000 bail.

The incident was investigated by Investigator James Diehl, Deputy Chris Erion, Deputy Chad Cummings, Deputy Jenna Ferrando, with assistance from Batavia PD.

K-9 Destro helped locate evidence at the scene.

Neighborhood Watch program forms in East Pembroke

By Howard B. Owens

Crime isn't out of control in East Pembroke, but the idea of a neighborhood watch program in the hamlet is to make sure things don't get worse, said Amber Winters, one of the group's organizers.

There is crime in every neighborhood, she said, and East Pembroke isn't unique.

"It’s a pretty normal rate of crime here but that doesn’t mean we have to be OK with it," she said.

More than 150 people have joined a Facebook neighborhood watch group. The group has joined National Neighborhood Watch, a division of the National Sheriffs' Association, and is planning a meeting from 7 to 9 p.m. at the elementary school April 19.

The Sheriff's Office is fully supportive and will participate in the meeting, said Chief Deputy Gordon Dibble.

"Years ago we used to have several neighborhood watch groups in the county and they kind of died off," Dibble said. "We're very interested in neighborhoods that want to start these up.

"We’re excited to see what we can do to give this group what it needs," Dibble said.

The main purpose of neighborhood watch group is just to help neighbors get to know each other better, which helps residents identify things that are out of the ordinary.

"There are more rental properties now and people are coming in and we're looking at a lot of new faces all of the time," Winters said. "We just don't know anybody anymore and we want to connect all of the new families and the faces and the houses who don't know each other so we get to know each other."

One impetus for the group was the assault at the Arrow Mart a couple of months ago. Some community members thought, Winters said, that maybe they should do something before crime does become a serious problem in the hamlet.

"With all the car break-ins, people attacked in their homes, the assault at the Arrow Mart, we were feeling more frustrated," she said.

At the meeting on the 19th, people will be able to meet each other, but the Sheriff's Office will also be on hand to let the community know what it has available to help the group.

"We just don’t know our neighbors like we did back in the day," Dibble said. "It’s the truth. We know that."

East Pembroke residents are looking for a chance to change that.

Local Drug Task Force announced a pair of arrests

By Howard B. Owens
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     Jacob Russell

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with two counts of criminal possession of a controlled substance, 5th, two counts of criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, unlicensed growing of cannabis, unlawful possession of marijuana. Russell was arrested Friday on a warrant by the Local Drug Task Force. He was allegedly found in possession of LSD and psilocybin mushrooms, and a quantity of processed marijuana and marijuana plants. Task force members also allegedly found two illegal knives and cash. Russell was arraigned and jailed on $7,500 bail. Additional charges are possible.

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     Charles Williams

Charles "Gusto" Thigpen Williams, 38, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Williams was arrested on a grand jury indictment for the listed charges following an investigation by the Local Drug Task Force. Williams allegedly sold crack cocaine at a location in the City of Batavia. Williams was jailed pending arraignment in City Court.

 

 

 

Police searching Southside for suspect in a disturbance who wearing a red hoodie

By Howard B. Owens

Police are looking for a black male wearing a red hoodie who is wanted in connection with a disturbance reported about 10 minutes ago on Liberty Street.

He is believed to be heading toward Pringle Avenue. 

Police are tracking his footprints in the snow.

Police were originally dispatched for a disturbance with a report of a man holding a brick. He may have been threatening to damage a vehicle.

Oakfield woman accused of selling prescription medications

By Howard B. Owens
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Adriann Smith

Adriann T. Smith, 36, of South Pearl Street, Oakfield, is charged with two counts of criminal sale of a controlled substance 3rd and one count of criminal nuisance 1st. 

Smith was arrested on a grand jury indictment that was the result of an investigation by the Local Drug Task Force into the sale of prescription drugs in the Village of Oakfield and City of Batavia.

She is accused of selling the drugs to a Drug Task Force agent. 

She was jailed pending arraignment.

 

 

Law and Order: Pavilion man accused of driving car into building at high school

By Howard B. Owens

Stephen Everett Pike, 20, of Big Tree Road, Pavilion, is charged with fourth-degree criminal mischief. Pike is accused of driving recklessly in the parking lot of Pavilion High School at 11:30 p.m., March 11, causing his vehicle to strike the building, damaging it (previous report).

Tonya Marie Ficarella, 30, of Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from Kohl's Department Store.

Robert John Leach, 56, of Lake Street, Le Roy, is charged with driving while ability impaired by drugs and inadequate plate lamp. Leach was stopped at 11:23 p.m. Saturday on Main Road, Stafford, by Deputy Ryan Delong.

Grand Jury: Man indicted for allegedly selling crack in the city, another accused of high-speed joyride in railroad zone

By Billie Owens

Leonard E. "L.B." Aguayo is indicted for the crime of criminal possession of a controlled substance in the third degree. It is alleged that on Feb. 11 in the City of Batavia that Aguayo knowingly and unlawfully possessed a narcotic drug -- crack cocaine -- with the intent to sell it, a Class B felony. In count two, the defendant is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly knowingly and unlawfully selling crack cocaine in the City of Batavia on Feb. 11.

Brian F. Kent is indicted for the crime of unauthorized use of a motor vehicle in the first degree, a Class D felony. It is alleged that on Sept. 5 in the Town of Le Roy that Kent, knowing he did not have the owner's consent, nonetheless took, operated and exercised control over a 2014 Toyota Highlander, with the intent to use the vehicle in the course of or commission of a felony or in the immediate flight from such action. In count two, Kent is accused of the crime of second-degree criminal mischief, a Class D felony, on North Street in the Town of Le Roy. In count two, he is accused of damaging another person's property in an amount exceeding $500 -- the front windshield wiper, passenger side rear and front doors, passenger side front quarter panel, hood, and the driver's door window of a 2007 Dodge Charger police four-door sedan, in the amount of about $3,183.68. In count three, the defendant is accused of another count of second-degree criminal mischief for allegedly damaging a 2014 Toyota Highlander, also on Sept. 5, in an amount exceeding $500. In count four, Kent is accused of the crime of third-degree criminal trespass, a Class B misdemeanor, for allegedly knowlingly entering or remaining unlawfully on real property, which consisted of a right-of-way or yard of a railroad or rapid transit railroad that is designated, and was conspicuously posted as a no-trespass railroad zone. In count four, the defendant is accused of entering onto and driving a vehicle at a high rate of speed on a posted railroad right-of-way in the Town of Le Roy. In count five, Kent is indicted for the crime of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count five that Kent damaged a gate of a chain-link fence located at Hanson Aggregates in the Town of Le Roy on Sept. 5.

Stacey D. Mancuso is indicted for five Class E felonies, all stemming from driving a 2010 Dodge on Pratt Road in the Town of Batavia on Dec. 4. In count one, she is accused of aggravated unlicensed operation in the first degree for driving while knowing, or having reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug. In count two, Mancuso is accused of the crime of DWI for allegedly driving while in an intoxicated condition. In count three, she is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .18 percent or more at the time. In count four, she is accused of aggravated DWI for allegedly driving while intoxicated with a child age 15 or less as a passenger in the vehicle. In count five, Mancuso is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .08 percent or more at the time with a child age 15 or less as a passenger in the vehicle.

Gayno S. Standsblack is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 27, the defendant -- having been charged with or convicted of a crime and while confined in a correctional facility, in this case the Genesee County Jail, caused injury to a person and intended to do so.

Deported sex offender who reentered country sentenced to 24 months in federal prison

By Howard B. Owens

A Mexican national who entered the country illegally after deportation and should have registered as a sex offender was sentenced in Federal Court today to 24 months in prison.

Jose Maria Agustin, 43, had previously entered a guilty plea to reentry after deportation subsequent to an aggravated felony conviction.

He was arrested in December after he was located working in Elba.

In 2009, the Agustin was convicted in California of rape and assault with a deadly weapon and sentenced to five years in prison. After serving his prison sentence, Agustin was returned to Mexico and permanently barred from entering the United States.

Besides being in the United States illegally, he was also legally obligated, as a registered sex offender in California, to register in New York once he established a residence in Elba.

Law and Order: Man accused of throwing a hammer at another person

By Howard B. Owens

Steven David Fox, 35, of Bater Road, Stafford, is charged with menacing, 2nd, and harassment, 2nd. Fox allegedly threw a hammer at a person and tackled that person to the ground during an argument reported at 7 p.m. on March 29.

Richard Michael Corke, 52, of Old Beaham Road, Rochester, is charged with disobeying a court order. Corke allegedly sent unwanted text messages in violation of an order of protection. 

A 17-year-old resident of East Main Street, Le Roy, is charged with disorderly conduct. The youth was arrested following a report of an incident at Le Roy High School at 9:30 a.m., March 29.

Le Roy PD arrests man accused of stealing memory aid and weight loss supplement

By Howard B. Owens
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    Thomas Gilbert

A Rochester man has been arrested and accused of stealing a weight loss supplement, valued at $387.94, from the Walgreens store in Le Roy.

He's also a suspect in similar larcenies in three other counties.

Thomas H. Gilbert, 52, of Manor Parkway, Rochester, was taken into custody in Rochester by the Le Roy PD with assistance from Rochester PD following a two-month investigation into the thefts.

Gilbert is accused of stealing “Alli kit 60s” in Le Roy, but the investigation also identified him as a suspect in a theft of Prevagren, marketed as a memory aid, in Avon and in Rochester. He's also suspected of stealing Prevagen from a CVS in Farmington and headlamps from Advantage Auto in Geneva.

The first theft was reported Jan. 31.

Gilbert was charged with one count of petit larceny in Le Roy, arraigned and put in Genesee County Jail. He faces potential charges in Monroe, Livingston and Ontario counties.

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Law and Order: Woman accused of credit card theft

By Howard B. Owens

Tracy Lynn Miller, 32, of South Lake Road, Pembroke, is charged with grand larceny, 4th. Miller was taken into custody on a warrant after being released from the Erie County Holding Center. Miller allegedly failed to appear in County Court after being indicted by a grand jury. The indictment stems from an alleged theft/or use of a stolen credit card. She was jailed on $10,000 bail.

Jeffery Lee Tennity, 52, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. Tennity was charged following an investigation into an unspecified complaint at 4 p.m. Thursday on North Byron Road, Elba. The complaint was investigated by Deputy Jeremy McClellan.

Kendra Quinette Thomas, 29, of Dellinger Avenue, Batavia, is charged with driving on a suspended registration. She was arrested on a warrant for the charge following a traffic stop by Deputy Cory Mower.

Law and Order: Warrant suspect accused of fighting with police

By Howard B. Owens

Nikayla Cheyenne Lee Jackson, 19, of Slusser Road, Batavia, is charged with resisting arrest and disorderly conduct. Jackson was located outside of Walmart at 12:42 p.m. Monday by Trooper Brian Pritchett and Sgt. Ron Meides. She was wanted on a City Court warrant so the officers attempted to take her into custody. Jackson allegedly became abusive and disorderly and physically struggled with officers and did not comply with commands. Once restrained and placed in the back seat of a patrol vehicle, she allegedly kicked the rear passenger door and plexiglass cage. She then reportedly used her forehead to strike the cage several times. The cage was not damaged. She was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Charles S. Ganoung IV, 33, of Transit Road, Elba, is charged with two counts of criminal possession of a weapon, 3rd. During an investigation of an unrelated incident by Deputy Howard O. Wilson, Ganoung was allegedly found in possession of an unregistered assault weapon with a high-capacity magazine. Following arraignment, he was released under supervision of Genesee Justice.

Samuel Gene Coughlin Jr., 21, of Pratt Road, Batavia, is charged with criminal possession of marijuana, 4th, speed exceeding 55 mph, and driving on a suspended registration. Coughlin was stopped at 10:06 p.m. on Main Road, Pembroke, by Deputy Kevin Forsyth. He was allegedly found in possession of more than two ounces of marijuana.

Carl M. Vander, 22, formerly of Lake Street, Le Roy, is charged with burglary, 3rd, and criminal mischief, 4th. William J. Hixenbaugh, 27, of Lake Street,  Le Roy, is charged with burglary, 2nd, petit larceny, and criminal mischief, 4th. Vander, who is currently an inmate in the Wyoming County Jail on unrelated charges, and Hixenbaugh were arrested by Le Roy PD following a six-month investigation into a forced-entry burglary to a tenant room on Lake Street. A television and mobile phone were stolen and later recovered. Hixenbaugh was jailed on $5,000 bail.

Law and Order: 62-year-old man charged with drug possession

By Howard B. Owens

Robert E. Merritt, 62, of East Main Street, Batavia, is charged with: two counts of criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; and controlled substance not in original container. Merritt was arrested following a complaint at 6:23 a.m. of an incident on Hutchins Place. He was jailed on $1,000 bail or $2,000 bond. 

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny and burglary, 3rd. The youth is accused of entering Speedway after being previously barred from the store and stealing merchandise.

Kelli E. Wallace, 54, of Swan Street, Batavia, is charged with petit larceny. Wallace was arrested on a warrant stemming from an alleged theft at Kwik Fill on Ellicott and Jackson streets.

Nikayla C. Jackson, 19, no permanent address, was arrested on a warrant for alleged failure to appear in City Court. She was jailed on $5,000 bail or $10,000 bond.

Eric J. McGill, 33, of Porter Avenue, Batavia, is charged with harassment, 2nd. McGill is accused of threatening a neighbor. 

Gregory A. Burgess, 24, of Bowen Road, Attica, is charged with harassment, 2nd. Burgess is accused of grabbing another person during an argument.

Alex Isaac, 27, of East 83rd Street, Brooklyn, is charged with criminal contempt, 2nd. Isaac allegedly sent text messages to a protected party in violation of a court order.

Amar S.M. Zainelabdin, 29, of Affinity Lane, Buffalo, is charged with unlawful possession of marijuana, no headlights and suspended registration. Zainelabdin was stopped on Ellicott Street at 9:02 p.m. Friday by Officer Arick Perkins.

Sean M. Madigan, 31, of Collegeview Drive, Batavia, was arrested on a warrant for alleged failure to appear. Madigan was arrested following an anonymous tip on his location. He was jailed on $500 bail.

Tammy Marie O'Shea, 45, of Main Road, Stafford, is charged with criminal trespass, 3rd. O'Shea is accused of trespassing at an apartment complex on Main Road, Stafford, at 2 p.m. on Jan. 22.

Shana Lee Sullivan, 25, of Griswold Road, Stafford, is charged with unlawful possession of marijuana. Sullivan was charged following a traffic stop at 9:48 p.m. Tuesday on Griswold Road, Stafford, by Deputy Brian Thompson.

Friedman plans to pursue case against child molester who had conviction on four counts thrown out

By Howard B. Owens

If necessary, District Attorney Lawrence Friedman will seek new grand jury indictments against a former Batavia resident who had his Genesee County convictions on sexual molestation charges thrown out by an appeals court.

In July 2014, after a jury trial, Sean A. Vickers, 47, was convicted of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

The appellate division of the Fourth Judicial Department threw out the first four convictions but left the 10th count of the amended indictment stand and ruled that the seven-year sentence imposed on that count was not unduly harsh.

The court ruled that because Vickers was originally indicted on counts of course of sexual conduct against a child and sexual predatory assault, those were the charges he should have been tried on, even though he consented to the amended indictment.

The court ruled a defendant cannot waive his right to be tried on the original indictment, citing prior case law.

The defendant has a "fundamental and nonwaivable right to be tried only on the crimes charged," the court said, citing the prior case, People v. Graves.  

"An indictment may not be amended in any respect which changes the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed it," the court said.

Then County Court Judge Robert Noonan sentenced Victors more than 100 years in state prison, a sentence that was later reduced by statute to 50 years.

The sentence was to be served concurrently with the 20 years Vickers received in Niagara County, so even though these four convictions were thrown out, Vickers remains in state prison.

At his sentencing, Friedman said he couldn't recall a child molestation case that was more disturbing. 

"This case is the worst one I've ever had," Friedman said. "I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

Today, Friedman said he will seek permission to appeal this ruling, but if he can't, or the people don't prevail on appeal, he isn't done prosecuting Vickers.

"Ultimately, if needed, we will go before a grand jury with our four victims," Friedman said.

Law and Order: Oakfield man charged with DWI after second traffic stop Lockport

By Howard B. Owens

Christopher M. Oliveras, 25, of Lockport Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs, unlawful possession of marijuana, failure to obey traffic control devices, and tinted windows. Oliveras was arrested in the City of Tonawanda by Tonawanda PD, at 1:30 a.m., Sunday. Earlier, he was stopped for allegedly driving the wrong way down a one-way street. At that time he was told to park the vehicle. Later in the evening, officers stopped the vehicle again and Oliveras was found to be the driver. Oliveras reportedly told officers, "I did park for a little while." He also reportedly said, "I was drinking Budweisers and smoking marijuana." A container of marijuana was allegedly found in the center console. He allegedly blew a BAC of .10. Bail was set at $250.

Rebecca Ann Edwards, 23, of Kibbe Avenue, Batavia, is charged with grand larceny, 3rd. Edwards is accused of stealing property with a value in excess of $3,000 from the 48 Deli Express in Batavia.

Law and Order: Lackawanna man arrested on warrant for assault and weapon charges from Shanks Road incident in February

By Billie Owens

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

Man in United States illegally arrested after bloody domestic violence incident on Wood Street, Batavia

By Billie Owens

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

  • First-degree assault (Class B felony);
  • Third-degree attempted robbery (Class E felony);
  • Second-degree attempted escape (Class E felony);
  • Fourth-degree attempted grand larceny (misdemeanor);
  • Attempted menacing a police officer (Class E felony);
  • Attempted criminal possession of a firearm (misdemeanor);
  • Second-degree menacing (misdemeanor);
  • First-degree reckless endangerment (Class D felony);
  • Second-degree reckless endangerment (misdemeanor);
  • Fourth-degree criminal possession of a weapon (misdemeanor);
  • Criminal mischief;
  • Resisting arrest (misdemeanor);
  • Obstruction of governmental administration (two counts).

Diaz-Ruiz was put in Genesee County Jail without bail. An immigration detainer was also lodged against him.

The Batavia Police Department was assisted by Mercy medics, the Genesee County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement Agency out of Batavia.

Anyone with information in reference to the case may contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or- criminal-activity.

Five months on the lam helps convince judge to deny bail to suspect in Central Avenue attack

By Howard B. Owens
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      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

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