crime

A distrubance is reported in the Walmart parking lot in the area of Row #8 by the food entrance. There are three people involved, including at least one female. A subject reportedly has some sort of a weapon, which was brandished because "he was being attacked." Sheriff's deputies just arrived.

David Lane Handley Jr., 54, of Ontario Avenue, Niagara Falls, is charged with burglary, 3rd, and criminal mischief, 3rd. Handley allegedly broke into the Yellow Goose Store in Pavilion at 2 a.m. Feb. 12. The investigation was conducted by Deputy James Diehl.

Jeffrey Allan Youngs, 56, of Montclair Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlamps, driver's view obstructed, and open container. Youngs was stopped at 1:20 a.m. Sunday on Route 20 in Alexander by Deputy Eric Meyer.

Timothy K. Smith, 23, of South Street Road, Le Roy, is charged with unlawful possession of marijuana, driving without insurance, inadequate headlamp, aggravated unlicensed operation, 3rd, and unregistered vehicle. Smith was stopped at 9:56 p.m. Saturday on West Main Street, Le Roy, by Deputy Kyle Krzemien.

Chad Allen Cooper, 21, of Emily Court, Bergen, is charged with criminal possession of a controlled substance, 7th. During a "check the welfare" request, Cooper was allegedly found in possession of heroin.

Ghislaine Pena, 25, of Highland Park, Batavia, is charged with aggravated unlicensed operation, 2nd, and failure to stop. Pena was arrested on a warrant during a traffic stop at 2:07 a.m. Saturday on Clinton Street Road, Stafford, by Deputy Andrew Hale.

Shamir Kamran Aslam, 29, of Landstone Terrace, Rochester, is charged with menacing, 2nd, and two counts of criminal contempt, 1st. Aslam allegedly drove his vehicle at a high rate of speed and swerved by a person covered by a protective order when leaving the Genesee County Courts facility at 11:05 a.m., March 1.

Mark Joseph Amico Jr., 29, of Route 237, Le Roy, is charged with aggravated harassment, 2nd. Amico allegedly called another person and made several threatening statements at 6:07 a.m., March 7.

Jason E. Carpenter, 38, Central Avenue, Batavia, is charged with second-degree assault. Carpenter was arrested following an investigation into a fight involving multiple persons at the corner of Liberty and Sumner streets in the city at 12:10 a.m. on Feb. 26. Carpenter is accused of punching another person in the eye causing multiple facial fractures. He was jailed without bail and due in City Court on March 7. The case was handled by Batavia Police Officer Jason Ivison.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with sex offender failure to mail verification form in 10 days -- prior offense, and sex offender failure to notify of address change in 10 days -- prior offense. This female was arrested and arraigned on March 9 in City Court. She had reported that she was living at a residence on East Main Street in "Apt. 4." Through an investigation, it was learned that there is no Apt. 4 and Soto had never resided in an apartment at that address. She was released under supervision of Genesee Justice and is due in City Court on April 6. The case was handled by Batavia Police Officer Eric Hill.

Daniel Thomas Henning, 36, of Buffalo Street, Attica, is charged with: DWI; DWI with a BAC of .08 percent or higher; inadequate exhaust; improper right turn; driving on sidewalk; and unlicensed operator. At 10:09 p.m. on March 8, Henning was arrested on Cedar Street in Batavia following the investigation of a motor-vehcile accident on Route 5 in Batavia. He was issued an appearance ticket and is due in City Court April 19. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Michael Lute.

Otto C. Reinhardt III, 50, of Clarence Center Road, Clarence, is charged with second-degree criminal contempt following an incident at the Genesee County Courts Facility at 4 p.m. on March 7. It is alleged that Reinhardt had contact with an individual for whom a complete stay-away order of protection had been issued, thus barring him from any contact with that person. He was jailed on $1,000 cash bail or bond. He was due in City Court March 8. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Russell R. Miles Jr., 48, of South Main Street, Batavia, is charged with first-degree criminal contempt. He was arrested at a Batavia eatery on Main Street in Batavia at 4:32 p.m. on March 8 after he was found with a protected female. He was put in jail and was due in City Court March 9. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Debbie M. Simmons-Keller, 58, of East Main Street, Batavia, is charged with second-degree harassment. She was arrested at 4:25 a.m. on March 7 following a domestic dispute. She was issued an appearance ticket for March 21 in City Court. The case was handled by Batavia Police Officer Peter Flanigan, assisted by Officer Jason Ivison.

Melissa A. Wetmore, 44, of Main Street Road, Corfu, is charged with unlawful possession of marijuana. She was arrested at 4:20 p.m. on March 6 on Pearl Street, Batavia, following a traffic stop of a vehicle in which was a passenger. It is alleged that marijuana was found underneath her seat. She was issued an appearance ticket for March 14 in City Court. The case was handled by Batavia Police Officer Chad Richards.

(name redacted upon request), 23, of Boyce Road, Pembroke, is charged with unlawful possession of marijuana and running a red light. She was arrested at 12:17 a.m. today (March 10) on Alleghany Road in Pembroke following a traffic stop. She is due in Town of Pembroke Court on March 28. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

On March 7, the Wyoming County Sheriff’s Office arrested local contractor Dennis N. Rawleigh Jr., who is 46 and lives in Batavia, on one count of second-degree scheme to defraud, a Class A misdemeanor, after an investigation into complaints that he did not complete work he received payments for.

In November, Rawleigh, doing business as Rawleigh’s Tear Down, allegedly received over $15,000 in payments from a Town of Gainesville woman to perform work on two houses she owns, one in the Village of Perry and one in the Town of Gainesville. Very little work was completed on the Perry home and none on the Gainesville residence.

The second victim, a male subject from the Town of Sheldon, reported paying Rawleigh a $3,200 down payment to tear down a barn. Rawleigh, a former resident of Perry, attempted to pull the large barn down with a chain and his pickup with negative results. No further attempt to tear the barn down was made since June, 2015.

Rawleigh was issued an appearance ticket and is to appear in Gainesville Town Court later this month. The arrest report was prepared by Wyoming County Sheriff's Captain Erik Tamol.

David J. Mylar IV is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 3, 2013, that Mylar knowingly entered or remained unlawfully inside a building on Main Road in the Town of Pembroke, with the intent to commit a crime.

Gregory J. Rodak is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Nov. 17 in the Town of Bergen that Rodak drove a 2007 Volkswagon on Townline Road while in an intoxicated condition. In count two, he is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 percent or more at the time.

Beverly B. Meadows is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on Dec. 6 in the Village of Le Roy that Meadows drove a 2003 Chevrolet on North Street while in an intoxicated condition. In count two, she is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Meadows is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that at the time of the crimes alleged in counts one and two, that she knew or had reason to know that her driver's license was suspended or otherwise withdrawn by authorities.

A second warrant has been issued for a Batavia resident whom police believe was involved in an attack on residents on Central Avenue in October.

The new warrant is for alleged failure to register a change of address as a registered sexual offender.

Oliver Thomas was convicted of rape in 2009 and required to register as a Level 2 sex offender when he was released from prison.

From the alleged attack on Central Avenue, Thomas is wanted on charges of burglary, 1st, and assault, 2nd. 

Tips on his whereabouts can be called into police at (585) 345-6350 or the confidential tip line at (585) 345-6370.

There have been two calls tonight that suggest possible unauthorized people at the 7-Eleven at 505 E. Main St., Batavia. 

The first call was of three youths on bicycles who appeared to going in and out of the front door.

A second caller reports seeing people in the store with flashlights going on and off.

The 7-Eleven is closed because of a power outage in the area.

A robbery just occurred at the 7-Eleven in Bergen.

The suspect is described as a white male with a bandage on his nose.

Unknown direction of travel.

No weapon was displayed.

UPDATE 11:35 p.m.: The suspect may have fled in a vehicle. Unknown description. Unknown direction of travel.  It's possibly a dark-colored Jeep.

UPDATE 11:40 p.m.: The vehicle is described as a dark-colored Jeep Wrangler, last seen heading toward I-490.

A caller on Attica Road, Alexander, reports that a person tried to break into their house.

The subject is described as a tall black male wearing a white and black stripe jacket with a hood. He was last seen running west.

Law enforcement is responding.

Marlek Eugene Holmes, 43, of Batavia, is charged with criminal mischief, 4th. Holmes, an inmate in the Genesee County Jail being held on sexual assault charges, and who has a prior charge related to alleged misconduct in jail, is accused of damaging a food tray and bed sheet belonging to the jail.

Teresa Anne Anderson, 42, of Sandybrook Drive, Hamlin, is charged with petit larceny. Anderson is accused of finding a change purse on the floor near a slot machine at Batavia Downs and taking the money inside and ticket vouchers and discarding the purse between two slot machines.

Nicholas Gerald Schafer, 18, of Broadway, Darien, is charged with unlawful possession of marijuana, leaving the scene of a property damage accident, moving from lane unsafely and illegal parking on a highway. Schafer was allegedly involved in a property-damage accident on Route 98, Alexander, at 10:55 p.m. Friday. The accident was investigated by Deputy Eric Meyer.

Milton Quinones Guzman, 38, of McKenzie Street, Bergen, is charged with DWI, driving with a BAC of .08 or greater and moving from the lane unsafely. Guzman was stopped at 6:52 p.m. Thursday on Clinton Street, Bergen, by Deputy Michael Lute.

Ramon J. Galvez, 35, of Washington Avenue, Batavia, was arrested as a fugitive from justice. Galvez was located during a traffic stop on Washington Avenue, Batavia. He is wanted in Franklin County, Wash., on unspecified charges.

Russell R. Miles, 48, of South Main Street, Batavia, is charged with criminal contempt, 1st. Miles allegedly violated a stay away order.

Jacquelyn K. Hildebrant, 35, of State Street, is charged with dog running at large. Hildebrant following an investigation into a complaint that her dog attacked another dog at 4:30 p.m. Feb. 27 on State Street. (Previously: Dog on State Street reportedly involved in two aggressive incidents within weeks of each other)

Marcus L. Speed, 29, of Mellvile Street, Rochester, is charged with criminal use of drug paraphernalia, 2nd. Speed was charged following a traffic stop on West Main Street, Batavia, at 1:06 a.m. Sunday by Officer Peter Flanagan.

Shaun A. Surowka, 59, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia. Surowka was charged following a traffic stop at 12:43 a.m. Sunday on West Main Street by Officer Peter Flanagan.

Melissa R. Piazza, 27, of Walnut Street, Batavia, is charged with identity theft, 3rd, criminal possession of stolen property, 4th and petit larceny. Piazza was arrested on a warrant for allegedly using the credit card of another person without consent.

Justin Thomas Stephenson, 32, of Hutchins Street, Batavia, was arrested on a warrant. The nature of the warrant was not released. He posted bail.

Alisha A. Soule, 20, of Route 237, Stafford, was arrested on two warrants for alleged failure to appear on a traffic ticket and alleged failure to pay a fine.

Thomas A. Culver Jr., 38, of Wood Street, Batavia, was arrested on a warrant for alleged failure to report to the Genesee County Jail per terms of his jail sentence. He was jailed on $2,000 bail or $5,000 bond.

Ryan C. Bishop, 26, of Scottsville West Henrietta Road, Scottsville, is charged with felony DWI, felony driving with a BAC of .18 or greater, and lights not meeting standards. Bishop was stopped at 2:18 a.m. Thursday on Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Chad E. Alwardt, 37, of Holland Avenue, Batavia, is charged with felony DWI, lights not meeting standards, aggravated unlicensed operation, expired inspection, unlicensed driver. Alwardt was stopped on Jackson Street at 12:54 a.m. Friday by Officer Matthew Wojtaszczyk.

State Police opened an investigation Saturday into a report of racist graffiti being left on the side of a building in Pembroke that is owned by a church based in Cheektowaga.

Trooper James O'Callahan, spokesman for Troop A in Batavia, said it is against State Police policy to provide details on an ongoing investigation, but he did confirm such an investigation is taking place.

The property is on Marble Road and is owned by New Creation Fellowship.

A 26-year-old man wanted in connection with a shooting on Jackson Street on Dec. 2 has been located in East Hartford, Conn., and taken into custody.

Jeremy R. Armstrong is being held in Connecticut pending extradition following his arrest Feb. 28.

He is wanted on charges of second-degree attempted murder and criminal use of a firearm, 1st. 

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

"City detectives have been working closely with the East Hartford, Connecticut, Police Department after learning Armstrong may have been in that area," the police said in a statement.

Also assisting in the investigation and attempt to locate Armstrong were Connecticut police in South Windsor, Hartford, and New Britain, as well as the Genesee County Sheriff’s Office and the New York State Police.

Batavia PD said no further information would be released since this is a pending investigation.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

A 32-year-old Depew woman is in custody today after allegedly leading police on a high-speed chase through Corfu, the Town of Batavia and into the City of Batavia where the reportedly stolen car she was driving hit a spike strip before crashing into a tree.

Kimberly A. Genson, of Lancer Court, Depew, is charged with criminal possession of stolen property, 4th, unlawful fleeing a police officer and reckless driving.

The chase started after Deputy Rachel Diehl was dispatched to the Corfu area to investigate a complaint of erractic driving.

Diehl spotted a vehicle fitting the description, a black SUV, heading eastbound at a high rate of speed on Route 33. Diehl activated her emergency lights, but rather than stop, the vehicle sped up, according to the Sheriff's Office report. Diehl initiated a pursuit and backup units responded.

Spike strips were deployed on Pearl Street in the City of Batavia. The strips caused the vehicle to slow down, but it continued and tried to negotiate a turn onto South Main Street where the driver lost control and the vehicle struck a tree. 

The Sheriff's report includes no mention of any possible injuries.

The vehicle had been reported as stolen earlier in the day in Buffalo.

The investigation is ongoing and being conducted by Diehl, Deputy Ryan Long, Deputy Rich Schildwaster and Sgt. Jason Saile. Assisting at the scene were Batavia PD, State Police, City fire and Mercy EMS.

Genson was arraigned this afternoon in Town of Batavia Court and jailed on $25,000 bail or $50,000 bond.

Photo submitted by Samantha Schoener.

(initial report)

There was a police chase that ended last night around 10:30 p.m. on South Main Street, Batavia, when the suspect vehicle hit a tree.

We've been waiting for a press release from the Sheriff's Office, but the suspect apparently hasn't been arraigned yet so it hasn't been released. We won't have further information until that's released.

Reader-submitted photo.

A Corfu resident charged under Leandra's Law will get a chance at rehabilitation after appearing in County Court yesterday on charges stemming from his arrest in May. 

Cody Bedard was initially charged with felony DWI, driving under the influence of drugs and alcohol, and endangering the welfare of a child.

His 4-year-old son was allegedly in the car with him.

Bedard has been through treatment with the Horizon Health Treatment program following good reports on Bedard becoming employed and abstaining from drugs and alcohol.

The one nick on Bedard's record was leaving the county without permission to attend his son's hockey game in Monroe County.

Judge Charles Zambito adjourned Bedard's sentencing pending treatment for 60 days at Oxford House in Erie County.

"I’m giving you the opportunity to prove to me that you don’t deserve to go to prison," Zambito said.

His next court date is scheduled for May 8th.

Our news partner WBTA contributed to this story.

A 55-year-old Leicester man involved in a serious-injury motorcycle accident after the Heart concert at Darien Lake on July 27 has been charged with three felonies following the completion of an investigation into the incident by the Sheriff's Office.

Eric R. Brumstead, of South Main Street, Leicester, is charged with two counts aggravated vehicular assault and aggravated unlicensed operation, 1st.

Brumstead was allegedly driving his Harley-Davidson with a BAC greater than .18 percent and had a prior DWI conviction within 10 years.

According to the Sheriff's Office, Brumstead failed to stop for deputies who were directing traffic and then continued eastbound on Sumner Road at a high rate of speed. He failed to negotiate a curve in the roadway near Walker Road.

Both Brumstead and a passenger were ejected from the bike and both were flown by Mercy Flight to Strong Memorial Hospital in Rochester.

Upon his arrest, Brumstead was jailed pending arraignment in County Court.

The accident was investigated by Deputy Ryan DeLong and the Livingston County Sheriff's Office.

Brandon L. Doward, 32, of Ellicott Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Doward was arrested on a warrant following an investigation by the Local Drug Task Force. He is accused of selling crack cocaine.

Paul W. Zeches, 28, of Bank Street, Batavia, is charged with unlawful possession of marijuana. Police came into contact with Zeches (circumstances not released) at 8:40 p.m. on Feb. 23 at 160 Bank St., Batavia, and Zeches was allegedly found in possession of marijuana.

Dustin W. Bogue, 35, of Tracy Avenue, was arrested on a warrant. The nature of the warrant was not released. 

Richard D. Nagel, 34, of Savage Road, Holland, is charged with controlled substance outside original container and criminal mischief, 3rd. Nagel was arrested following an investigation into an alleged domestic incident at 8:57 a.m., Feb. 26. Nagel allegedly broke a mobile phone belonging to a former girlfriend.

Justin T. Stephenson, 32, of Hutchins Street, Batavia, is charged with disorderly conduct. Stephenson allegedly yelled obscene and abusive language while in a populated, residential area, at 5:34 a.m., Feb. 25, on Hutchins Street. He was jailed on $250 bail. He was also arrested on a warrant from 2014.

Nathen E. Brege, 24, of South Main Street, Batavia,  is charged with obstructing governmental administration, 2nd, resisting arrest and endangering the welfare of a child. The charges stem from an alleged domestic incident reported at 6:48 p.m., Feb. 26, on South Main Street, Batavia. When police responded, he allegedly attempted to flee and began to fight the officers. He was also arrested on a warrant stemming from an aggravated unlicensed operation, 3rd, charge. He was jailed on $1,500 bond. 

Jacob L. Hernandez, 22, of Pearl Street, Batavia, is charged with criminal contempt, 2nd. Hernandez allegedly violated a complete stay away order. He was also charged with harassment, 2nd, following a report of an alleged fight involving several people on Liberty Street at Sumner Street at midnight Feb. 26.

Kelly Ann McDonald, 50, of Kingsbury Avenue, Batavia, is charged with felony DWI. McDonald was stopped at 4:43 p.m. Wednesday on West Main Street by Officer Mitchell Cowen.

Tyler Michael Frumusa, 20, of West Ham Circle, North Chili, is charged with unlawful possession of marijuana and driver's view obstructed. Frumusa was stopped for an alleged traffic violation at 1 p.m., Feb. 22, on Lake Street, Town of Le Roy, by Deputy Ryan DeLong.

A Batavia woman is upset after her 5-year-old beagle Shar-Pei mix was attacked by another dog on State Street last week not only because her dog was injured, but because there was also a recent report of the same dog biting a person earlier in the month.

The dog reportedly bit a person inside of its home on State Street on Feb. 7, according to the owner of the dog that was attacked, who lives on State Street, and a member of law enforcement familiar with the incident. 

Angelina Pellegrino posted about the attack on her dog on social media on Tuesday. 

"Ridiculous that while walking my dog innocently with her harness and leash yesterday I had to witness the horror of my dog getting attacked unprovoked by an unleashed dog," Pellegrino wrote.

Her dog suffered four puncture wounds that had to be treated and the dog has been placed on antibiotics.

"I just kept screaming at the top of my lungs in the middle of the sidewalk," Pellegrino told The Batavian this morning. "I kept trying to get between the dogs to pick my dog up to no avail."

Pellegrino is also upset that the owner of the dog denied that his dog attacked her dog.

"(The) owner insists to the police that his dog did nothing," she said.

According to sources, the dog's owner was cited for letting a dog run off leash. We don't have information on the owner this morning because Assistant Chief Todd Crossett said he would not release the arrest report until a later date with other arrest reports.

"The sad thing is is the cops told me that there is nothing they can do about a dog that attacked their owners or continues to attack their owners," Pellegrino said. "It does not matter. Only what matters is the fact that now the dog attacked my dog and it has to continually attack other people or things for anything to be done."

The Sheriff's Office is investigating an assault on a female store employee at the Arrow Mart in East Pembroke the night of Feb. 25, Chief Deputy Jerome Brewster confirmed this morning.

The attack was reported about 8:25 that night.

A female employee said she was returning to the back door after dropping some cardboard in a dumpster. Brewster said the assailant punched her in the head.

The victim was medically examined and released. 

She said she punched her attacker several times. Investigators also took swabs of her hands and they are awaiting lab results.

There was no sexual assault, Brewster said.

Deputies search the area after the report and did not find the suspect and there were no surveillance cameras that captured events or the suspect.

The suspect is described as a tall, heavy-set male wearing all dark clothing and a hood. He headed south on Reed Road. The suspect may have facial cuts or bruises as a result of the confrontation.

Brewster said there have been no similar reports in Genesee County.

The investigation is ongoing.

People who might be able to provide additional information are asked to call the Sheriff's Office at (585) 343-5000.

Jonathan E. Seiger is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Seiger stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Seiger is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Seiger assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Seiger is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Scott H. Spencer is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Spencer stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Spencer is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Spencer assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Spencer is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Kayleigh J. Allen is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Nov. 26 in Town of Batavia that Allen drove a 2012 Chevrolet on Route 98 while in an intoxicated condition. In count two, she is accused of DWI, per se, as a Class E felony, for the same crime while having a BAC of .08 percent.