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Guns stolen from a shop in Alabama, suspects in dark colored pickup

By Howard B. Owens

Within the past hour, a gun shop on Route 77 in Alabama was burglarized and guns were stolen.

The suspect vehicle is a dark colored pickup truck, unknown direction of travel.

State Police are on scene.

UPDATE 10:43 p.m.: Orleans County dispatch has informed Genesee County dispatch of a possible related burglary in that jurisdiction. Communication equipment, such as that used by fire and police personnel, were taken. It occurred after the Alabama burglary. The Alabama suspect vehicle is described as an S-10 type of pickup truck, dark in color, with a loud exhaust.

UPDATE 11:45 p.m.: Seven double-barrel shotguns are missing, too.

Dog found malnourished showing signs of recovery, now in foster care

By Howard B. Owens

Nina Kelso certainly has her supporters -- friends and family members who have argued passionately on Facebook and on The Batavian that those who judge her and heap insults upon her and even threaten her don't know the full story.

She would never abuse an animal and her dog was ill not from mistreatment, they say, but because he unintentionally ate something toxic.

Darren Dewitt:

Don't judge this one too soon. I've known Nina for years and something is off with this whole deal. My understanding is that the dog was dying and instead of having the vet put it down she let it live out its days at home with the family. The court has the final word.

Lynda Kelso:

Can't help it when a DOG does what DOGS do and gets into something and it makes them sick. ... He got sick and was vomiting. How do u loose weight when u get sick? He was weak from what he ate. They were trying to get food in there right down to baby formula.

Nina Kelso's case began at 6:08 p.m., Feb. 4, when Sgt. Chris Camp and Officer Jamie Givens responded to a report on Hutchins Street of a malnourished dog.

When they arrived they spotted a canine inside that, according to the officers, was emaciated and couldn't stand on its own.

Dr. Fran Woodworth of State Street Animal Hospital was contacted to assist with the health care of the animal.

Woodworth said she arrived at the aninmal hospital around 7:30 and found a dog that was severally malnourished.

"He was emaciated and mentally he was dull and disoriented," Woodworth said. "I don't know how much of that was starvation or, the officers told me that his owner said he had gotten into potentially toxic substances, cigarette butts and incense oil or something along those lines, and that was why he was in shape in that he was in and had lost all that weight in just a couple of days. I don't know if he had gotten into some toxic substances, but he was definitely mentally not normal. He was just very depressed."

The dog had an intestinal infection, pressure-point sores and was blind.

Animal Control Officer James Sheflin began his investigation into the case the morning after the dog was brought to State Street. He took pictures and examined the dog and consulted with the District Attorney's Office on possible appropriate charges against Kelso (she was charged with torturing or injuring an animal, failure to provide sustenance, and owning/harboring an unlicensed dog).

"Honestly, he's the worst shape I've ever seen," Sheflin said. "The sores were over all his entire body. His feet were swollen two or three times what they should have been. His nails were overgrown. He literally didn't have enough strength to stand up. All he could do was lay down."

State Street staff monitored the dog's progress, unsure during those first 12 hours or so if the dog was going to make it.

But after 12 hours, the dog showed enough progress to warrant continued treatment.

Soon, he gained enough strength to stand up and he showed an interest again in eating.

The dog was brought in on a Tuesday and by Saturday it was in good enough health to be transferred to a foster family through Volunteers for Animals.

It's impossible to tell for sure, Woodsworth said, whether the dog ate anything toxic.

"Toxins are typically very short-lived," Woodsworth said. "They do their damage and then there is no sign of them in any blood test. They are gone. There was nothing in the blood work that was tagged as a sign of a toxin."

There's no indication the dog was brought to a vet for treatment prior to Camp and Givens picking them up, Woodworth said.

"He was overloaded with intestinal worms," Woodworth said. "There were pressure sores on all contact points, particularly his elbows and hind legs from being recumbent for so long. He hadn't eaten in weeks and was weak. That kind of emaciation doesn't just happen overnight.

"As far as I know," Woodworth added, "the owner never sought out veterinary help. What the dog needed was better nutritional care and parasite control and better health maintenance."

Woodworth isn't sure why the dog is blind or if the blindness will last. It's a problem in the dog's brain, not with the dog's eyes, she said.

That could be caused by a toxin, she said.

His mental state, depression, could also be the result of a "toxic insult," Woodworth said.

If the dog did ingest something toxic, veterinary treatment sooner would have been advised, she said.

"In fairness to her, the problems that I saw in the dog were primarily starvation and being recumbent too long," Woodworth said. "I didn't find any injuries inflicted by being kicked or being abused violently in that manner."

Woodworth is hopeful about the dog's improving health even if the prognosis isn't yet settled. The dog is in a good place now and that can only help him recover.

"It's too early to say if he will recover his sight," Woodworth said. "He retained his blindness after getting back on his feet, but he's acting normal otherwise. It was a joyful thing for us to see him on his feet and be interested in food by the next morning. He became rather attached to one of our technicians and began begging her for treats. He really showed some dramatic improvement in a short amount of time."

The Batavian tried to contact Nina Kelso through Facebook earlier today so she could tell her side of the story and have not received a response.

UPDATE: Nina Kelso contacted me about an hour after this story was published and said she prefers not to comment while her legal case is pending.

PHOTO: Batavia PD.

Police seek ID of driver whose car struck a teen on State Street

By Howard B. Owens

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a 17-year-old Batavia resident Feb. 5 on State Street.

The youth was transported to UMMC with non-life-threatening injuries.

The vehicle is described as a black, two-door sedan with a white license plate and the letter "D" at the start of the plate number.

The vehicle was occupied by two white individuals.

The accident was reported at 7:45 a.m. on State near Fairmont Avenue.

Anyone with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or through the City’s Web site located at http://www.batavianewyork.com/police-
department/webforms/report-suspicious-drug-or-criminal-activity.

Law and Order: Pavilion man accused of driving other people's vehicles without permission

By Howard B. Owens

Jason M. Babbitt, 40, of Pavilion, is charged with two counts of unauthorized use of a motor vehicle and aggravated unlicensed operation, 2nd. Babbitt was arrested following a complaint investigated by State Police of a possible stolen vehicle from a location in Covington. At about the same time the initial complaint was reported, a vehicle was found in a ditch on Taylor Road, near the location of the reported stolen vehicle. Following further investigation by troopers and Wyoming County Sheriff's deputies, Babbitt was identified as the suspect and they allege he drove another vehicle without that owner's permission. Babbitt was jailed on $5,000 bail.

Robert W. Plantiko Jr., 39, of Thorpe Street, Batavia, is charged with endangering the welfare of a child. Plantiko is accused of not providing proper care to a child in his custody. Plantiko was jailed on $100 bail.

Christina M. Cadieux, 53, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and no or inadequate headlamps. Cadieux was stopped at 7:18 p.m. Feb. 4 on Pearl Street by Officer Felicia DeGroot.

Norman E. Bastedo II, 39, of Pringle Avenue, Batavia, is charged with unlawful operation of an ATV on a public highway and depositing snow on a public street. Bastedo was charged following an investigation into an accident reported in February on Pringle Avenue, Batavia.

Kimberly A. Beagle, 45, of Park Place, Perry, is charged with petit larceny. Beagle is accused of shoplifting from Tops.

Joseph C. Parnell, 19, of East Main Street, Batavia, is charged with criminal nuisance, 2nd. Parnell is accused of allowing an underage drinking party to gather at a residence. Also charged, Benjamin D. Polk, 21, of East Main Street, Batavia. Bradley L. Rodda, 19, of East Main Street, Batavia, is charged with maintaining a premises for unlawful conduct. Joshua J. May, 19, of East Main Street, Batavia, is charged with unlawful possession of marijuana and criminal nuisance.

Chercal Arieal Smith, 18, of Bank Street, Batavia, is charged with criminal possession of stolen property, 5th. Smith is accused of possessing a stolen mobile phone and using that phone for several days.

Brian Lee Smith, 52, of Colonial Boulevard, Batavia, is charged with three counts of criminal contempt, 1st, and 65 counts of criminal contempt, 2nd. Smith is accused of violating a stay away order of protection by sending numerous e-mails, leaving several voice mails and visiting the residence of the protected person.

Christopher Patrick Abdella Sr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Abdella is accused of sending several text messages to a person he was barred by court order from contacting.

William John Dale, 40, of Franklin Street, Dansville, was arrested on a warrant related to a petit larceny charge. Dale was a passenger in a vehicle stopped in by a deputy in Livingston County and turned over to the Genesee County Sheriff's Office after being identified as a warrant suspect. Dale was jailed on $200 bail.

Package of meth allegedly shipped to address in Oakfield, Le Roy man arrested

By Howard B. Owens

Acting on a tip from law enforcement in Florida that a package of methamphetamine was being shipped to an address in Oakfield, members of the Local Drug Enforcement Task Force arrested a Le Roy man allegedly found in possession of the package.

Mark J. Puma, 42, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and possession of controlled substances by ultimate user's original container.

The tip came from the Winterhaven Police Department. The package was reportedly delivered to an address on Farnsworth Avenue.

After confirming the package delivery, members of the task force reportedly observed Puma leaving the residence.

A traffic stop for an alleged traffic violation was initiated on Maltby Road, Oakfield, by a uniformed deputy and a state trooper.

During an interview with Puma, it was determined that Puma was allegedly in possession of Adderall.

A K-9 search of Puma's 2000 Toyota 4-Runner led to a positive alert by the dog on suspected narcotics in the vehicle.

The suspect package, with a return address in Lakeland, Fla., was located in the vehicle and a quanity of meth was allegedly found in the package.

Puma was arraigned and released under supervision of Genesee Justice.

Assisting in the investigation were the District Attorney's Office, uniformed deputies, state troopers, Medina PD and Medina PD's K-9, "Kye."

Jury returns not guilty verdict on three felony counts against Batavia teen

By Howard B. Owens

Following a week-long trial that ended Friday, a Batavia resident was found not guilty on three felony counts stemming from an allegation he forced a victim to engage in sexual acts.

Kyle H. Morse, 17 at the time of his arrest a year ago, was, however, found guilty on a single misdemeanor count of sexual misconduct.

The grand jury indictment on that count accused Morse of engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by virtue of being less than 17 years old.

The jury returned not guilty verdicts on counts of criminal sexual act in the first degree, sexual abuse in the first degree and criminal sexual act in the third degree.

Morse is scheduled to appear for sentencing on the misdemeanor conviction April 10.

Law and Order: Woman accused of mistreating pit bull

By Howard B. Owens

Nina M.E. Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/haboring an unlicensed dog. Batavia PD responded to Kelso's residence at 6:08 p.m., Feb. 4, to investigate a report of a maltreated/malnourished dog. Officers allegedly found a pit bull identified as Kelso's dog that was malnourished and weak. The dog was reportedly unable to stand or move on its own. The dog was also unlicensed. The dog was taken to Batavia State Street Animal Hospital and continues to receive treatment and care.

Johnnie Waston

Johnnie M. Waston, 30, unknown address, Rochester, is charged with criminal impersonation, 2nd, and criminal trespass, 2nd. Waston allegedly entered the apartment on State Street of somebody he did not know at 1:54 p.m., Sunday, and remained in the residence unlawfully. Waston allegedly provided a fake name to police and was later recognized and identified by jail personnel. Waston was found to have an active bench warrant for his arrest out of the city court in Rochester.

Scott R. Merrill, 45, of Darien Center, is charged with DWI. A state trooper reportedly observed a vehicle stop at the Colby Road railroad crossing, which at the time had flashing lights and the gate arms down, indicating an approaching train. The vehicle allegedly proceeded around the gates and narrowly avoided being hit by an Amtrak train. The vehicle was stopped and Merrill was taken into custody following further investigation.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with inhalation of toxic vapors. McKenzie was reported found at 11:51 a.m., Feb. 5, sitting in his vehicle allegedly huffing keyboard cleaner. He was also charged with petit larceny for allegedly shoplifting from Walmart.

Danny Jay Torok Jr., 26, of Dodgeson Road, Alexander, is charged with assault, 2nd. Torok allegedly started a fight with another inmate while incarcerated at the Genesee County Jail.

Mark Andrew Kempie Jr., 45, of West Main Street Road, Batavia, is charged with petit larceny. Kempie allegedly stole merchandise valued at $13.67 from Kmart.

Gary Edwin Gerevics, 55, of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal contempt, 2nd. Gerevics was allegedly found in possession of firearms in violation of a court order of protection. He was jailed on $3,000 bail.

Jason A. Klinkbeil, 25, of 50 South St., Le Roy, was arrested on a bench warrant. Klinkbeil turned himself in on a warrant for alleged failure to comply with drug court. He was jailed on $100,000 bail.

Nathan Paul Crawford,18, of Hutchins Street, Batavia, is charged with public lewdness. Crawford allegedly exposed his genitals to another person while on East Main Street, Batavia, at 5:46 p.m., Feb. 5.

Suzanne M. Corona, 44, of Batavia, is charged with petit larceny. Corona is accused of stealing from a location Veterans Memorial Drive, Batavia, at 8:38 p.m., Saturday. She was arrested by State Police. No further details released.

Jacob J. Lentz, 24, of Aurora, Iowa, is charged with DWI and driving with a BAC of .08 or greater. Lentz was stopped at 10:50 p.m., Saturday, on Albion Road in Oakfield by State Police.

Deborah L. Smith, 55, of Spencerport, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle while on highway. Smith was stopped by State Police at 11:25 p.m., Friday, on Route 63, Town of Batavia.

Law and Order: Jail inmate accused of violating order of protection

By Howard B. Owens

Leon Clayton Bloom, 31, of Liberty Street, Batavia, is charged with criminal contempt, 1st, and coercion, 2nd. Bloom is accused of violating an order of protection by sending a letter to the protected person. He's further accused of trying to coerce her into doing things she has a right not to do. Bloom is currently in custody on another matter.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie is accused of shoplifting at Walmart. He was jailed on $500 bail.

Grand jury accuses man of misdemeanor obstruction of government administration, resisting arrest

By Billie Owens

Today the Genesee County Grand Jury, under what is known as Prosecutor's Information, filed two Class A misdemeanor counts against Michael V. Pontillo. This option is used when the grand jury fails to find evidence to support felony charges but does find sufficient evidence to file misdemeanor charges.

The grand jury accuses Pontillo of obstructing governmental administration in the second degree for allegedly intentionally obstructing, impairing or perverting the administration of law or other governmental function, or attempting to prevent a public servant from performing an official function by means of intimidation, physical force or by unlawful act. This allegedly occurred Oct. 30 in the City of Batavia.

In count two, Pontillo is accused of resisting arrest by intentionally preventing or attempting to prevent a police officer from effecting an authorized arrest of himself or another person.

As a result of the Prosecutor's Information, an infrequent determination in Genesee County, the grand jury directs the District Attorney's Office to return the charges to a lower court, in this case City Court.

Grand Jury indicts man for attempted rape and unlawful imprisonment

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

John J. Saddler is indicted on four counts. The first is for the crime of attempted rape in the first degree, a Class B felony, for allegedly attempting to engage in sexual intercourse with another person by forcible compulsion. This allegedly occurred Aug. 31 in the Town of Batavia. In count two, he is accused of touching the victim's genitals by forcible compulsion, a Class D felony. In count three, he is accused of forcing the victim to touch him on the genitals by forcible compulsion, also a Class D felony. In count four, Saddler is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining the victim in a motel room.

Dortha L. Penders is indicted for aggrevated driving while intoxicated, a Class E felony, for allegedly driving a 2008 Dodge while intoxicated on Sept. 22 on Route 5 in the Town of Batavia while a child age 15 or less was a passenger. In count two, she is accused of committing the same crime with a BAC of .08 or more, also a Class E felony, and while a child age 15 or less was a passenger.

Donald W. Sczepanski is indicted for driving while intoxicated, a Class E felony, for allegedly operating a 2004 Pontiac while intoxicated on Route 238 on Aug. 2 in the Town of Alexander. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Thomas P. Lester is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Dodge while intoxicated on Sept. 12 on Townline Road in the Town of Byron. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Robert C. Hinett is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2003 Subaru while intoxicated on Aug. 23 on Lake Street in the Town of Le Roy.

The Grand Jury issued No Bill for Kiernan W. Kinney after considering evidence relating to possible charges of sexual abuse in the first degree for incidents which allegedly occurred on April 10 in the Town of Pavilion.

Law and Order: Le Roy man charged with assault

By Howard B. Owens

Jesse Woods, 18, of 41 Lake St., Le Roy, is charged with assault, 3rd. Woods is accused of punching a relative, causing bleeding, bruising and a fat lip. Woods was released under supervision of Genesee Justice.

Henry L. Banks, 43, of Tracy Avenue, Batavia, was arrested on City Court warrant for alleged front yard parking. Banks was arrested following a traffic stop by Deputy Joseph Corona and turned over to Batavia PD on the warrant. Banks posted $100 bail.

Party broken up by Local Drug Task Force on Saturday in Le Roy

By Howard B. Owens

Five people are accused of gathering at a residence in Le Roy on Saturday for the purpose of unlawful conduct leading to their arrest on marijuana charges.

Members of the Local Drug Enforcement Task Force executed a search warrant at 9 Union St., Le Roy.

Joshua M. Bratcher, 23, of Union Street, Le Roy, is charged with criminal nuisance, 2nd, and unlawful possession of marijuana.

His apparent guests where charged with unlawful possession of marijuana. They are Samantha L. Pomeisl, 25, of Union Street, Le Roy; Jesse D. VanBuren, 22, of Alwardt Road, Wyoming; and, Alexander A. Chandler, 22, of Bacon Street, Le Roy.

Investigators said they recovered a quantity of marijuana and several smoking devices.

All five individuals were issued appearance tickets.

Assisting in the case were the District Attorney's Office, Deputy Chris Erion and canine Destro, and Le Roy PD.

CORRECTION: We left out a name: Erica C. Puleo, 25, of Union Street, Le Roy. Charged with criminal nuisance and unlawful possession of marijuana.

County Nursing Home employee accused of mistreating 100-year-old resident

By Howard B. Owens

Press release:

Attorney General Eric T. Schneiderman today announced the arrest of Sarah Waclawski, 25, of Batavia, New York, a Certified Nurse Aide at Genesee County Nursing Home, for causing injury to a resident of the nursing home.

Court documents filed by the Attorney General allege that on March 27, 2013, Waclawski transferred a 100-year-old female resident suffering from dementia from her wheelchair to her bed without the assistance of another staff member, as required by the resident’s individual care plan. They further allege that once in bed, Waclawski decided to transfer the resident back to her wheelchair, again without the assistance of another staff member. Once the resident was back in the wheelchair, she fell to the floor, hitting her head on the wheelchair and sustaining a laceration and pain.

“Families who place their loved one in a nursing home should be able to take comfort in knowing that they’ll receive the best care possible. By ignoring her patient’s care plan and then failing to seek medical attention for her when she fell, Sarah Waclawski showed blatant disregard for the health and safety of her patient,” Attorney General Schneiderman said. “My office will continue to prosecute cases like this to the fullest extent and send the message, loud and clear, that this conduct will not be tolerated.”

According to the felony complaint, without seeking medical assistance or advising a supervisor of the fall to conduct a nursing assessment, Waclawski enlisted the help of another aide to place the resident back into bed and then left the room. Approximately 15 to 20 minutes later, Waclawski reentered the room and observed blood on the resident’s pillow. Almost one hour later, a nurse came into the resident’s room and observed Waclawski wiping the resident’s head. The nurse also observed that several used wipes had what appeared to be blood on them. At no time prior to the nurse entering the resident’s room did Waclawski seek medical assistance for the resident.

Waclawski was charged with one count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E felony, which carries a maximum prison term of four years. She was arraigned in Batavia City Court before the Honorable Robert Balbick and entered a plea of not guilty. She was released on her own recognizance and is due back in court on March 4, 2014. 

The prosecution is being handled by Special Assistant Attorney General Thomas N. Schleif, under the supervision of Regional Director Gary A. Baldauf and Amy Held, acting director of the Medicaid Fraud Control Unit. The investigation was conducted by Investigator Janice Boyd, under the supervision of Supervising Investigator Kathleen Donahue.

The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty in a court of law.

Brother of high voltage wire thief pleads guilty with promise of weekend jail sentnece

By Howard B. Owens

The brother of a man already sent to prison for stealing high voltage hire from businesses in Le Roy has a chance to avoid a prison term after pleading guilty today to possession of stolen property.

Dustin Nicometo entered his plea in County Court in satisfaction of two felony indictments against him that included burglary and grand larceny counts.

Nicometo, now a Bernville, Pa., resident could be sentenced in April to an intermittent jail term followed by a period of probation as part of the plea deal.

The 26-year-old man will need to abide by the terms of his release under supervision until his sentencing date in order to preserve the deal.

On Jan. 21, Michael Nicometo was sent to state prison for at least three and a half years and ordered to pay $86,017.57 in restitution to Dolomite and Troy Manufacturing.

Dustin Nicometo admitted to possessing wiring and equipment from the Troy job, but when asked if he knew the items were stolen at the time, Dustin Nicometo told Judge Robert Noonan, "no."

Noonan asked him why he was pleading guilty if he didn't know the items were stolen.

Nicometo said he didn't know the items were stolen and after a little more back and forth, Noonan explained that in order for him to plead guilty he had to admit that either he knew the items were stolen or he had a reason to believe the items were stolen and Nicometo agreed that he had a reason to believe the items were stolen.

Law and Order: Accident on Jackson Street leads to accusation of DWI

By Howard B. Owens

Logan R. Evans, 22, of East Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and moved from lane unsafely. Evans was arrested following an investigation by officers Stephen Cronmiller and Matthew Lutey into an accident at 1:06 a.m. Saturday in the area of 23 Jackson St., Batavia.

Jacob S. Martino, 29, of Drake Street, Oakfield, was arrested on a warrant for alleged parking on city streets between 2 a.m. and 6 a.m. Martino turned himself in on the warrant. He posted bail and was released.

Amanda Marie Bowles, 28, of Williams Street, Batavia, was arrested on a bench warrant. Bowles was arrested by Batavia PD and turned over to the Sheriff's Office. Bowles was jailed on $100,000 bail.

Arrest made in case of barefooted trespasser from last March

By Howard B. Owens

An arrest has been made in what might be termed an 11-month cold case.

On snowy night last March, somebody broke into the Discovery Chapel, 315 W. Main St., Batavia, stayed for a while and left barefooted sometime later.

The police had shoes, socks, footprints in the snow and a little bit of blood.

The blood is what led to the arrest of Shannon G. Cook, 34, of 6269 Byron Elba Road, Byron.

Cook was identified as a suspect through a DNA match after he was required to submit a DNA sample following an unrelated criminal conviction.

Nothing was stolen from the church.

Cook is charged with criminal mischief, 3rd, and criminal trespass, 3rd.

Following ararignment in City Court, Cook was released under supervision of Genesee Justice.

Law and Order: Corfu woman accused of shoplifting at two locations on two days

By Howard B. Owens

Jenea M. MacLeod, 29, of Genesee Street, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting from the Dollar General Store at 412 E. Main St., Batavia. She allegedly placed items in her purse and walked out of the store without paying for the items on Friday. Two days earlier, MacLeod also allegedly stole merchandise from Walmart. She was charged with petit larceny and trespass.

Kevin Leroy John Halbert, 27, of Ellicott Street, Batavia, is charged with peit larceny. Halbert is accused of shoplifting from Kmart.

Woodrow C. Horseman, 37, of State Street, Batavia, is charged with petit larceny and trespass. Horseman was allegedly banned from Tops. He allegedly went into Tops at 4:08 p.m. Sunday and stole several cases of beer.

Jason H. Freeman, 32, of South Spruce Street, Batavia, is charged with petit larceny. Freeman is accused of stealing ice cream from Tops.

Terry Ann Espinosa, 43, of West Main Street Road, Batavia, is charged with falsely reporting an incident, 3rd. Espinosa is accused of falsely reporting a larceny to Batavia PD.

Gregory Seppe, 55, of Hyde Park, Batavia, is charged with disobeying a court order of protection and endangering the welfare of a child. Seppe is accused of entering a residence on Columbia Avenue at 10:17 a.m. Saturday and coming into contact with a person he is barred by court order from contacting. While in the residence Seppe allegedly acted inappropriately and endangered the safety and well being of several children in the residence.

Stephen W. Quigley, 59, no permanent address, is charged with petit larceny and trespass. Quigley allegedly slept overnight in a vehicle on the car lot of Time Buyer and stole change from an unsecured vehicle. Quigley was jailed on $5,000 bail.

David C. Truesdale, 24, of 18 Parsells Ave., Rochester, was arrested on a bench warrant. Truesdale was located reportedly hiding in a bathroom at 20 Tracy Ave., #1, Batavia, by Sgt. Chris Camp while Camp was attempting to serve a warrant on Truesdale. Truesdale is charged in the warrant with assault, 3rd, and strangulation, 2nd. He was also arrested on a City Court warrant for alleged failure to complete community service on an unreasonable noise complaint. At the time of his arrest, Truesdale was allegedly found in possession of marijuana. Truesdale was jailed without bail.

Duffy L. Starks Jr., 21, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Starks was allegedly found in possession of marijuana while Batavia PD was at 20 Tracy Ave., Batavia, to arrest another subject on a warrant. Starks was also arrested on a parole warrant. He is being held in the Genesee County Jail on the parole warrant.

Joshua T. Fullmer, 21, of 3124 W. Main Street Road, Batavia, was arrested on a bench warrant. Fullmer turned himself in to Batavia PD.

Amy R. Martin, 29, of Dewey Avenue, Batavia, turned herself in on a parking ticket warrant for allegedly parking on a city street between 2 a.m. and 6 a.m. Martin posted bail and was released.

Danny D. Williams Sr., 25, of 310 E. Main St., Batavia, was arrested on a bench warrant. Williams was located in Rochester and arrested on two bench warrants and one arrest warrant out of Batavia City Court. Williams was jailed without bail.

Leslie C. Jackson, 51, of Piffard, is charged with grand larceny, 4th, and and a Class E felony (the State Police blotter is unclear as to what it is). Jackson was arrested by state troopers in connection with an alleged incident reported at 3 p.m. Dec. 3 in the City of Batavia. No further details released.

Assault suspect reportedly told deputy 'he never should have shoved my wife'

By Howard B. Owens
Craig Lawson

The man accused of punching another patron following the Kid Rock concert in July at Darien Lake kept muttering, "he shouldn't have shoved my wife," according to the deputy who arrested him.

The officer testified at a hearing in Genesee County Court today, called a suppression hearing, which is a chance for the defense to challenge whether certain pieces of evidence will be allowed at trial.

In this case, Judge Robert C. Noonan ruled that Deputy Lonnie Nati will be allowed to testify about what the possible statements made by the suspect, 34-year-old Craig Malcolm Lawson, of Talbot Street, Courtland, Ontario, Canada.

Lawson is charged with assault in the second degree, a Class D felony.

He allegedly delivered a single punch to Jason McNeil, a former WNY resident who lives in Tuscaloosa, Ala.

McNeil was hospitalized and in a coma for weeks following the incident.

A source in contact with the family said McNeil is back in home, but "he will never be the same." His injuries are described as "catastrophic" and McNeil requires 24/7 care.

Nati was on the stand for about 30 minutes, being peppered with rapid fire questions from, first, Robert Zickl, an assistant District Attorney, and then by Jessica Kulpit, representing Lawson.

Nati testified that he was working the night of the incident in the parking lot of the Darien Lake Performing Arts Center.

At some time around 11 p.m., after the concert, deputies were handling crowd control and traffic during a period known at "the dump" (when everybody leaves and deputies and Darien Lake security work to get the parking lot cleared of cars as quickly as possible). 

Nati received a call of a fight in the area of South PAC. He was only about 50 or 60 feet away at the time of the call, he testified.

When he arrived, concert security had Lawson detained and another man was laying on the ground.

Nati directed Lawson over to a bench. Lawson said, "he never should have shoved my wife," while sitting on the bench, Nati said.

Within a minute a woman ran up, whom Nati later identified as Lawson's wife, and told Lawson not to talk to Nati.

"It was kind of funny," Nati said, "she kept running up to him, putting her hand on his mouth telling him to 'shut up, you want an attorney.' "

During this period, Lawson said he wanted an attorney.

In a few different ways and a few times, Kulpit asked if Nati read him his Miranda warnings. Nati answered pretty much the same each time: "No, because I didn't ask him any questions."

Nati said at no time did he ever question Lawson except to obtain what's known as pedigree information (name, date of birth, address, etc.).

From the time Nati first made contact with Lawson, through the ride in the security golf cart to the security trailer, to the time sitting in his patrol car while being booked, Nati said Lawson kept mumbling, "he never should have shoved my wife."

Nati described Lawson as intoxicated, but very cooperative.

"He was continuing with his drunken mutterings about 'he shouldn't have shoved my wife,' " Nati said.

The officer said he didn't observe any cuts or blood on Lawson.

After the hearing, when asked if she anticipated a trial for Lawson, Kulpit -- filling in for attorney Joel Daniels -- would not answer the question.

No trial date has been set. Lawson is scheduled to appear in court again at 1:30 p.m.

Previously:

Still no decision on new attorney for man facing additional sexual abuse charges

By Howard B. Owens
Earl Sprague

It's still not clear who will represent Earl Sprague in his second trial on child sexual abuse charges.

Sprague, already serving a 21-year sentence on child sexual abuse charges, appeared in County Court today dressed in state prison green, to hear Judge Robert C. Noonan tell William Tedford from the Public Defender's Office that regardless of who represents Sprague, the trial is going forward March 24.

The 42-year-old former Alabama resident faces an additional eight felony  counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

The Class II-A felony carries a possible life sentence.

Last week, Sprague asked that Fred Rarick, who was court-appointed to represent him in his trial on 28 felony counts, be dismissed as his attorney for the second trial.

Noonan granted his wish and assigned the case to the Public Defender's Office.

Today, Tedford asked Noonan to delay the case because Tedford already has four possible trials between now and April, plus the office will be short-handed at the end of March because Public Defender Gary Horton is retiring.

"My personal trial schedule will give me a limited time to prepare," Teford said. "While I consider myself a quality attorney, I submit that six weeks to properly preper for a trial on such serious charges would result in ineffective counsel for Mr. Sprague.

Noonan said it's actually seven and a half weeks, which should be enough time to prepare; however, Noonan said taking everything into account, he has arranged for an attorney from the assigned council office to come to court tomorrow and go over the case with Sprague and Tedford and see if he will be able to take on the case and be ready for trial March 24.

"This case has lingered on far too long," Noonan said.

Law and Order: Bergen man accused of forging checks, stealing jewelry

By Howard B. Owens

Dustin Michael Locicero, 29, of Gibson Street, Bergen, is charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd. Locicero is accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester. Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations. Locicero has a pending second-degree forgery charge in the City of Batavia. In 2011, Locicero was charged with identity theft (we don't have information on the disposition of that case). Locicero was taken into custody Tuesday. He was reportedly found hiding in a mobile home in the Town of Batavia and was arrested on a City of Batavia bench warrant. Locicero was arraigned in city court and jailed without bail. The investigation was conducted by Deputy Brian Thompson, Deputy John Duyssen and Investigator Timothy Weis.

Theodore R. Johnson Jr., 46, of Maple Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and leaving the scene of a property damage accident. Johnson's vehicle allegedly struck a building at 102 Evans St., Batavia, 4:48 p.m., Sunday. Johnson's vehicle was located stuck in a snow bank with a portion still in the roadway.

Dylan C. McKenzie, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana, failure to use headlights and operation by an unlicensed driver. McKenzie was stopped at 2:01 a.m. Wednesday on East Main Street, Batavia, by Officer Thad Mart.

Clenton J. Reese, 50, of Ellsworth Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd, Reese was allegedly involved in a disturbance and upon investigation was allegedly found in the presence of a protected person.

Catherine A. Lewis, 50, of Cone Street, Batavia, is charged with harassment ,2nd. Lewis is accused of pushing and threatening another person.

Robert K. Geandreau, 41, of Elm Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, open container and inadequate tail lamp. Geandreau was stopped at 11:42 p.m. Friday on East Main Street, Batavia, by Officer Stephen Cronmiller.

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