http://thebatavian.com/taxonomy/term/28/ en Melee reported at Lewis and State, combatants wielding baseball bats http://thebatavian.com/billie-owens/melee-reported-lewis-and-state-combatants-wielding-baseball-bats/43942 <p><img alt="" src="/files/users/60/2014-3/statestreetjuly302014.jpg" /></p> <p>About 15 to 20 people are reportedly fighting, armed with baseball bats, at Lewis Place and State Street. City police are responding.</p> <p>UPDATE 8:54 p.m.: Howard at the scene reports that there are six cop cars at the scene, including units from the Sheriff&#39;s Department. In addition, he said dozens of people &quot;are milling about,&quot; some of whom are being interviewed by law enforcement. One witness told Howard that no baseball bats were involved.</p> http://thebatavian.com/billie-owens/melee-reported-lewis-and-state-combatants-wielding-baseball-bats/43942#comments batavia crime Thu, 31 Jul 2014 00:44:22 +0000 Billie Owens 43942 at http://thebatavian.com Several vehicles with smashed windows and stolen valuables reported on Bank Street Road http://thebatavian.com/billie-owens/several-vehicles-smashed-windows-and-stolen-valuables-reported-bank-street-road/43941 <p><img alt="" src="/files/users/60/2014-3/sportsparksmashandgrabjuly2014-2.jpg" /></p> <p>At least 10 vehicles were broken into this evening on Bank Street Road at the Batavia Sports Park. The victims of these &quot;smash-and-grab&quot; crimes are missing purses, wallets, jewelry, credit cards and more.</p> <p>Mostly, side windows were smashed, but one vehicle had a rear window smashed.</p> <p>The crimes were reported by an off-duty deputy. State Troopers are on scene now.</p> <p>Although soccer and kickball games were under way at the park, no witnesses have been found.</p> <p>In addition to these crimes, it is reported that overnight on the city&#39;s Southside, at least four criminal mischief complaints resulted from vehicle break-ins.</p> <p>For tips that may aid in the investigation, State Police can be reached at&nbsp;(585) 344-6200.</p> <p>UPDATE 9:45 p.m.: Using mobile phone tracking technology, State Police were able to locate three bags of purses in a dumpster at a hotel in Clarence off the Thruway. No suspects found.</p> <p><img alt="" src="/files/users/60/2014-3/sportsparksmashandgrabjuly2014.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/sportsparksmashandgrabjuly2014-3.jpg" /></p> http://thebatavian.com/billie-owens/several-vehicles-smashed-windows-and-stolen-valuables-reported-bank-street-road/43941#comments batavia crime Thu, 31 Jul 2014 00:09:03 +0000 Billie Owens 43941 at http://thebatavian.com Two experts testify about characteristics of child sexual abuse and its effects in Vickers trial http://thebatavian.com/billie-owens/two-experts-testify-about-characteristics-child-sexual-abuse-and-its-effects-vickers-tr <p>The people called two expert witnesses this afternoon in the Sean Vickers&#39; trial to testify about child sexual abuse -- a pediatrician and a forensic interviewer.</p> <p>Both established that the perpetrator who sexually abuses children is usually a relative or someone the victim knows well. A victim often doesn&#39;t report the abuse right away, sometimes never. Reasons for this include fear, guilt, threat of retribution, not wanting to be viewed as abnormal, et al. And obvious signs of sex abuse are overwhelmingly absent.</p> <p>Dr. Jack Coyne, a pediatrician with an office in Batavia, helped established the Child Advocacy Center here and in Erie County. He explained that these facilities provide a place for children to be examined and interviewed in a more comfortable environment than a hospital or police station.</p> <p>&quot;We help them know they are OK, their bodies are OK, Coyne said.</p> <p>He testified that only 3 to 5 percent of all reported cases of child sexual abuse in the nation reveal definitive, physical proof that sex acts occurred. Examinations rarely detect lesions, for example. Unless there is pregnancy, the presence of a sexually transmitted disease, or obvious signs of rape, the objective aspects (physical facts) of these exams turn up nothing. It is in the subjective interviewing process that a sexual abuse diagnosis is most often determined, Coyne said, noting that half of all the sex abuse cases he&#39;s handled involve children under age 7.</p> <p>He explained the seemingly illogical statistics by saying that, because the perpetrator is usually known, this person takes care not to be found out, to leave no evidence. Fondling was an example. Then he graphically detailed how sex acts can be performed without leaving physical clues and noted studies that show that orifices of the body are &quot;very vascular&quot; and can bleed lightly but then heal very quickly without scarring.</p> <p>In the 2 to 3 percent of child sex abuse cases involving complete strangers, they don&#39;t care about injuries. Yet even then, Coyne said, the body heals swiftly and a couple weeks or months later, it&#39;s not unusual for physical evidence of a crime to be absent.</p> <p>In April 2013, Coyne said he examined the three children in this case (a 9-year-old boy and twin boys).</p> <p>District Attorney Lawrence Friedman asked, if the objective part of the exam was normal, does that rule out sex abuse?</p> <p>&quot;Not at all,&quot; the doctor replied, adding that the key is whether the assessment is consistent with the history as described by the child.</p> <p>Defense attorney Jerry Ader asked if it is correct that for each of the children&#39;s exams in this case, the objective findings provided no evidence of abuse.</p> <p>Coyne said a doctor cannot divorce objective findings from the subjective ones.</p> <p>In this case, Ader said, your findings don&#39;t prove sexual abuse occurred, to which the doctor concurred.</p> <p>Under questioning by Friedman, the doctor reinterated the statistic that in only 3 to 5 percent of all cases of child sexual abuse is there objective -- factual -- physical proof.</p> <p>Next on the witness stand was Katherine Colgan, who works at the Batavia CAC as a forensic interviewer of abused children. She has degrees in Education and Criminal Justice and said she has conducted thousands of victim interviews. She said she is a trained expert in the characteristics displayed by sexually abused children.</p> <p>And they share several characteristics:</p> <p>Secrecy -- They tend to keep their secret a long time because they are fearful of hurting their family and a person beloved by the family;</p> <p>Fear -- There may have been a threat by the perpetrator to leave the family or perhaps the promise of safety for a sibling (&quot;If you don&#39;t tell, I won&#39;t molest your little sister.&quot;);</p> <p>Guilt -- For the acts that occurred; for the impact telling might have on the family;</p> <p>Helplessness -- They are taught they must listen to whatever an adult tells them to do, obey;</p> <p>Entrapment -- Because they feel helpless and that there is no way out;</p> <p>Disassociation -- These are coping mechanisms they develop to exist in an abusive situation.</p> <p>Adults, who might expect a child to come forward immediately and to be outraged, may be puzzled by the delay in reporting the abuse or that the disclosure was made in a mild, unconvincing manner.</p> <p>She used the term &quot;flat affect,&quot; a clinical term for a demeanor void of expression or emotion. Or, conversely, the child may giggle inappropriately, or &quot;test the waters&quot; of people&#39;s reactions by means of &quot;incremental disclosure.&quot;</p> <p>&quot;Most abused children simply say &#39;I want the abuse to stop,&#39; &quot; Colgan said. &quot;They aren&#39;t seeking revenge or punishment for the perpetrator. They just want it to stop.&quot;</p> <p>Another response of these children is an attempt to rectract their accusations (&quot;None of that happened. I made it up.&quot;) possibly because of external pressures or their concern about breaking the family apart.</p> <p>&quot;If they are not getting the support of the non-offending parent, they are more likely to recant or to not even reveal their secret in the first place,&quot; Colgan said.</p> <p>Ader offered a simpler explanation. Could the reason for trying to recant the allegation or the delay in coming forward be that was it simply was not true? That they were lying?</p> <p>Yes, Colgan said, that could be the case.</p> <p>As for incremental disclosure, Ader asked, could a reason for that be that the child is getting lots of attention, treats?</p> <p>&quot;It&#39;s possible,&quot; Colgan said.</p> <p>How about peer pressure, Ader asked, could that be a factor?</p> <p>Colgan said peer pressure works both ways, either to support telling the secret or to stifle it.</p> <p>Friedman said earlier discussion had brought out that it&#39;s possible for the abused to still love the abuser and continue to spend time with that person. How is that?</p> <p>Colgan said a published study in 1983 of this phenomena has now become commonly accepted as characteristic of sexually abused children.</p> <p>The prosecution rested its case; the jury filed out, whereupon Ader made a motion to dismiss all the charges due to a dearth of evidence to sustain charges of a course of conduct of sexual abuse.</p> <p>At that point, what at first portended to be a brief meeting on points of law and considerations for the jury, morphed into a confusing, arcane back-and-forth exploration of the minutae of law, which at times resulted in oddly humorous moments and the scratching of heads.</p> <p>Judge Robert C. Noonan ordered the lawyers to return to the courtroom at 9 in the morning to resume the discussion and the jurors are expected to return to their seats at 10 a.m.</p> <p>The defense also rested its case.</p> <p>Beforehand, the judge asked Vickers if he had agreed not to take the stand and testify on his own behalf. Vickers, standing, said softly, that yes he had agreed not to testify.</p> http://thebatavian.com/billie-owens/two-experts-testify-about-characteristics-child-sexual-abuse-and-its-effects-vickers-tr#comments crime sean vickers Wed, 30 Jul 2014 20:53:13 +0000 Billie Owens 43936 at http://thebatavian.com Child gives explicit testimony in sex abuse trial of Sean Vickers http://thebatavian.com/cantaur3/child-gives-explicit-testimony-sex-abuse-trial-sean-vickers/43933 <p>The first witness this morning in the sexual abuse trial of Sean Vickers, a former Batavia resident, offered testimony that was jarring and explicit.</p> <p>The child testified that Vickers forced him to perform oral and anal sexual acts.</p> <p>District Attorney Lawrence Friedman asked a series of questions about the acts, which the child answered in simple, direct language.</p> <p>Friedman: &quot;What did that feel like?&quot;</p> <p>The witness: &quot;It didn&#39;t feel good. I cried.&quot;</p> <p>That witness and a second child testified to alleged abuse in early Autumn, 2012.</p> <p>Defense attorney Jerry Ader asked the first witness about family outings with Vickers.</p> <p>&quot;You had said that Sean (Vickers) bought things for you. Were these purchases just for you?&quot;</p> <p>&quot;No.&quot;</p> <p>&quot;So when you went out with Sean, he paid for those outings?&quot;</p> <p>&quot;He paid for outings, but I&#39;m really not sure.&quot;</p> <p>Next, Ader switched gears. Reminding the first witness that he had been asked these questions before, right here in Batavia, where the witness had responded that nothing ever happened; also asking the witness if he had said anything to anyone about Vickers, to which the witness responded, no.</p> <p>&quot;I said nothing happened because I was scared.&quot;</p> <p>After Ader&#39;s questions to the witnesses, the DA asked if Vickers had said anything to them. &quot;Do you like it?&quot; &quot;You can&#39;t tell anyone&quot; and &quot;You have to promise not to tell anyone&quot; were the responses.</p> <p>The third witness&#39;s memory was a bit shaky at times and Ader masterfully cast doubt as to the credibility of said witness.</p> <p>&quot;When you were here before in front of the Grand Jury you had said that Vickers told you not to say anything to anyone, yet today you are saying that he said nothing?&quot;</p> <p>&quot;Yes.&quot;</p> <p>&quot;So, which one is the truth?&quot;</p> <p>&quot;He didn&#39;t say anything.&quot;</p> <p>Friedman countered Ader, asking the witness to think back at the time in 2012 and asked the witness again if Vickers said anything to him and again, the witness again said he (Vickers) did not say anything to him.</p> <p>However, Friedman also asked the witness if he had said anything to anyone about what Vickers did to him.</p> <p>&quot;Yes. My Uncle and Dad.&quot;</p> <p>&quot;You didn&#39;t tell your Mom?&quot;</p> <p>&quot;No.&quot;</p> <p>The morning&#39;s final witness testified that Vickers had spent several weekends in their home as well as a relative&#39;s home where the boys had often gone to throughout the Summer, occasionally spending weekends there. The witness also verified that Vickers purchased items for the family, as well as, treated them to outings such as skiing, camping, the zoo, and the movies.</p> <p>&quot;Whatever the boys wanted, they got.&quot;</p> <p>Friedman asked the witness if Vickers had ever took videos of the boys, whereas the witness affirmed. However, Ader countered that objections to the videos being taken were never voiced, to which the witness concurred. Ader also pointed out that the witness could not definitively say that Vickers was at the residence where the boys spent an occasional weekend, as the witness was not the only person who had dropped them off.</p> <p>Before the jury entered the courtoom for the morning testimony, Ader objected to the use of two prosecution witnesses. The jury is already aware of the effects of child abuse, Ader argued. Friedman said the expert testimony is necessary for the jury to have a complete understanding of the effects of child abuse. Judge Robert C. Noonan overruled the objection.</p> <p>The trial resumes at 2 p.m.</p> http://thebatavian.com/cantaur3/child-gives-explicit-testimony-sex-abuse-trial-sean-vickers/43933#comments batavia crime Wed, 30 Jul 2014 18:00:45 +0000 Julia Ferrini 43933 at http://thebatavian.com Law and Order: Alleged parole absconder accused of giving false name to police http://thebatavian.com/howard-owens/law-and-order-alleged-parole-absconder-accused-giving-false-name-police/43928 <p><strong>Benito A. Gay</strong>, 26, of Bank Street, Batavia, is charged with criminal impersonation, 2nd. Gay is accused of giving a false name to police in an attempt to hide his identity as an alleged parole absconder. Gay was jailed on a NYS Parole retainer.</p> <p><strong>Mckayla J. Kosiorek</strong>, 19, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. Kosiorek allegedly possessed marijuana paraphernalia containing marijuana residue.</p> <p><strong>Alex Scott Dumbleton</strong>, 21, of Liberty Street, Batavia, is charged with two counts of criminal contempt, 1st. The day after being served an order of protection barring contact with two people, Dumbleton allegedly went to the residence of the protected parties.</p> <p><strong>Brian Eric Daggar</strong>, 28, Woodmill Drive, Holley, is charged with petit larceny. Dagger was arrested on a Town of Batavia warrant by the Monroe County Sheriff&#39;s Office during an investigation into an incident at the Walmart in Brockport.</p> <p><strong>Amanda Marie Webb</strong>, 25, of Colby Road, Darien, is charged with petit larceny and criminal possession of a forged instrument, 3rd. Webb was stopped for an alleged traffic infraction on Colby Road, Darien, and was found to have a warrant out of City Court for an alleged crime reported March 31 at 10 at Jefferson Square, Batavia.</p> http://thebatavian.com/howard-owens/law-and-order-alleged-parole-absconder-accused-giving-false-name-police/43928#comments batavia crime Darien Wed, 30 Jul 2014 14:52:39 +0000 Howard B. Owens 43928 at http://thebatavian.com Nine arrests announced following Rockstar Energy Mayhem concert at Darien Lake http://thebatavian.com/howard-owens/nine-arrests-announced-following-rockstar-energy-mayhem-concert-darien-lake/43927 <p>The following people were arrested by the Genesee County Sheriff&rsquo;s Office during the Rockstar Energy Mayhem concert at Darien Lake Performing Arts Center on Tuesday.</p> <p><b>Logan J. Lukowski</b>, 18, of Buffalo Road, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.</p> <p><b>Jenah R. Pettrone</b>, 18, of Southland Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.</p> <p>A 17-year-old resident ,of Lexington Green, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.</p> <p><b>Kyle J. Ramen</b>, 19, of Kirkwood Drive, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.</p> <p><span>A 17-year-old resident&nbsp;</span>of Bridlewood Drive, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.</p> <p><b>MatthewJ Suszka</b>, 20, of Capital Heights, Holland, is charged with criminal possession of marijuana, 5th, criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic Instrument after allegedly being found in possession of more than 25 grams of marijuana, hallucinogenic mushrooms and hypodermic needles.</p> <p><b>Shaun H. McGhee</b>, 29, of Route 11, Antwerp, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.</p> <p><b>Jeffrey T. Peyman</b>, 30, of Ellicott Street Road, Batavia, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.</p> <p><b>Jemel Cannon</b>, 37, of Crotona Park, North Bronx, is charged with disorderly conduct after allegedly causing a disturbance in the parking lot.</p> http://thebatavian.com/howard-owens/nine-arrests-announced-following-rockstar-energy-mayhem-concert-darien-lake/43927#comments crime Darien darien lake darien lake performing arts center Wed, 30 Jul 2014 14:35:19 +0000 Howard B. Owens 43927 at http://thebatavian.com BBs fired at children and adults outside soup kitchen at church on North Spruce http://thebatavian.com/howard-owens/bbs-fired-children-and-adults-outside-soup-kitchen-church-north-spruce/43922 <p>As families left a lunchtime soup kitchen at the Assembly of God Church on North Spruce Street this afternoon, an unknown person apparently fired BBs at them.</p> <p>The thwack of a BB against the siding of a building got everybody&#39;s attention and then after another shot, a BB was seen on the ground.</p> <p>One BB narrowly missed a child, the child&#39;s mother said.</p> <p>Police were called and a canvass of the area failed to produce a suspect. The shots were believed fired from a neighboring apartment complex.</p> <p>&quot;I don&#39;t know the motivation,&quot; said Sgt. Dan Coffey. &quot;I don&#39;t know why somebody would decide to shoot BBs in the direction of a church, let alone the people standing outside near it. I couldn&#39;t speculate on that at this point.&quot;</p> <p>The building wall showed clear evidence of at least one BB&#39;s impact.</p> <p>Valerie White and Daniel Orlando said their little was almost struck by one of the shots as she was sitting in her stroller. The couple and their two children, ages 3 and 5, were outside talking with another family and their kids when the incident occurred just before noon today.</p> <p>&quot;All the sudden we hear two ping, pings hitting the side of the building,&quot; White said. &quot;We&#39;re looking around to see what&#39;s going on. It sounded like little stones hitting the building. Somebody noticed it was a BB coming toward us and we looked on the ground and there was a BB on the ground and there was a hole in the building. One just missed our daughter.&quot;</p> <p>Orlando held up two fingers an inch apart and said, &quot;it was probably this close.&quot;</p> <p>Coffey said the weapon could either be CO2-powered or a pump-style BB gun.&nbsp;</p> <p>The suspects, if identified, are looking at possible reckless endangerment and criminal mischief charges.</p> <p>Anyone with any information can contact the Batavia Police at 585-345-6350.</p> <p><em>Original reporting for this story by Alecia Kaus/Video News Service.</em></p> http://thebatavian.com/howard-owens/bbs-fired-children-and-adults-outside-soup-kitchen-church-north-spruce/43922#comments batavia crime Wed, 30 Jul 2014 03:08:43 +0000 Howard B. Owens 43922 at http://thebatavian.com Molester had abundant opportunities to sexually abuse kids in this case, but so did many others http://thebatavian.com/billie-owens/molester-had-abundant-opportunities-sexually-abuse-kids-case-so-did-many-others/43910 <p>Four new witnesses were called to the stand when testimony resumed this afternoon in the child sex abuse case of convicted child molester Sean Vickers.</p> <p>Though their testimonies were mostly compelling, defense attorney Jerry Ader managed to point out gaps in recollections, dates and other specifics in an effort to cast a shadow of doubt in the jurors&#39; minds.</p> <p>Among those who took the stand was a 25-year-old prisoner brought in by officers from another county. He wore a white shirt, tan pants, ankle shackles, and looked dead ahead from the witness stand.</p> <p>District Attorney Lawrence Friedman straightaway dispatched with the witness&#39;s criminal record. The man is serving time for criminal trespass and two counts of first-degree attempted sexual abuse of a minor. He pled guilty when he was 17 of unlawfully entering the home of an acquaintance and forcibly touching the genitals of two females, ages 7 and 11. He has served more than five years, out of a maximum of eight, and his third parole hearing is this fall.</p> <p>Then Friedman asked about Vickers.</p> <p>The alleged victim said he is one of five boys in his family, Vickers was an adult relative, and that from the time period of November 2001 to April 2002, Vickers had performed oral sex on him and vice-versa at least five or more times.</p> <p>At that point, several of the jurors stared hard at Vickers. They were all paying attention.</p> <p>On cross-examination, Ader honed in on the witness&#39;s credibility.</p> <p>Ader contended that the witness has an ulterior motivation for coming forward now and telling about alleged oral sexual conduct with Vickers. The witness&#39;s time off for good behavior was voided due to problems during his incarceration. To convince authorities to give the credits back, and have that recommendation made at his third parole hearing in September, he&#39;s testifying today, Ader maintained.</p> <p>In 2004, Ader noted, nothing was mentioned about oral sexual contact, nine years later it surfaces.</p> <p>But upon questioning by Friedman, it was pointed out that the witness didn&#39;t reach out to police about Vickers, rather the police contacted the witness in order to re-interview him for this case about his contact with Vickers.</p> <p>Next, Ader asked the witness if one someone had been removed from his mother&#39;s home. The witness said Child Protective Services had ordered Vickers to be removed from the home.</p> <p>That&#39;s not the answer he was looking for, so he ignored the statement. He asked about one of his brothers. Was one of them was removed from the home?</p> <p>&quot;Yes.&quot;</p> <p>&quot;Were you ever told why?&quot;</p> <p>&quot;No.&quot;</p> <p>&quot;Did you ever wonder why?&quot;</p> <p>&quot;Yes.&quot;</p> <p>Did (this brother) ever touch you inappropriately?&quot;</p> <p>&quot;Yes.&quot;</p> <p>The next witness was a 23-year-old brother of the first witness. Friedman questioned him about getting in trouble with the police. The young man told the jurors that in August of 2002 he got caught throwing rocks at the sand wash on Cedar Street and the cops took him to his house in Batavia. Only Vickers was there and they began arguing. Then the boy went in the basement to fold laundry. Vickers came down there and told him he was in big trouble. When the boy was standing against the washing machine, he said Vickers &quot;touched my groin area...probably less than a minute. ... I ran upstairs. I was afraid.&quot;</p> <p>From November 2001 to February 2004, Vickers sexually molested him on several occasions, the second witness said. Specifically, Vickers performed oral sex on him. The witness at this point appeared a bit uncomfortable, yawning nervously and wriggling about.</p> <p>It was the dates of those instances that Ader parsed. How could he remember the dates? Are you saying you can remember this from 10 years ago?</p> <p>The witness said he remembers the date of the time in the laundry room because it was the first real trouble he&#39;d gotten into. The second time in which he recalled a specific date was because &quot;it was Buffalo Bills day.&quot;</p> <p>An exhibit was then entered into the court record -- an affidavit which he signed in May of 2013. It describes his run-in with police, arguing with Vickers about it, but nothing about sexual contact. It says he was 11, but he was actually 8 at the time. And the statement about an instance of abuse on Buffalo Bills day says he was 8, but he was actually 11.</p> <p>&quot;You really don&#39;t have a good memory about this do you?&quot;</p> <p>&quot;No,&quot; the witness replied. &quot;It&#39;s hard enough as it is.&quot;</p> <p>Next the prisoner was recalled to the stand and simply asked if the alleged abuse occurred at the same address (the one his brother cited). &quot;Yes.&quot;</p> <p>The third witness for the prosecution testified that he knows one of the alleged victims, from another family, because his brother is married to the child&#39;s mother.</p> <p>Last August, with Vickers behind the wheel, the third witness and his brother all went to the IMAX theater in Rochester to see a movie. The brother, having some knowlege of the alleged molestation, asked Vickers if he had been touching the child. The answer was yes. The brother said &quot;stay away from our house.&quot; &quot;Okay,&quot; the previously convicted molester replied.</p> <p>This witness, too, has had legal problems. In 2009, at age 17, he entered guilty pleas to several misdemeanors, including stealing bicycles out of people&#39;s yards, shoplifting at Walmart, and more serious, providing alcohol to minors. He spent a year in jail and then was put on probation.</p> <p>When Ader asked about the movie trip, he wanted to know if the radio was on, was it loud, since he had a cell phone with him -- why didn&#39;t he text and tell someone about Vickers&#39; alleged admission of guilt?</p> <p>The third witness said when he returned home that night, he did tell the child&#39;s mother.</p> <p>The final witness was this child&#39;s mother -- a married woman who has two sons, ages 11 and 9.</p> <p>She testified that from Spring 2012 to Spring 2013, Vickers often had contact with her family, as he was a relation by marriage. They went skiing, to movies, on picnics.</p> <p>&quot;He paid for things, like a Kindle Fire, rollerblades, bought Christmas gifts, birthday gifts, expensive things,&quot; she said. &quot;At times he spent the night in our attic, it&#39;s finished, it&#39;s a bedroom. He slept on a pad on the floor.&quot;</p> <p>The district attorney elicited that her sister has twin boys and they often spent nights at the witness&#39;s house as well, including about four or five overnight stays when Vickers was staying over.</p> <p>The mother bit her lip repeatedly. Swallowed hard. Teared up.</p> <p>She told the panel that today her youngest son has attention-deficit / hyperactivity disorder; he is emotionally disturbed; suffers from anxiety; and has also been diagnosed with &quot;behavorial defiance disorder.&quot;</p> <p>Then she talked more about Vickers.</p> <p>&quot;Sean would pay for us (she and her husband) to go do things and he said he&#39;d pay for it and he&#39;d babysit.&quot;</p> <p>And how many times did this type of arrangement occur? Friedman asked.</p> <p>&quot;Fifty times or more,&quot; she replied.</p> <p>Ader asked if her brother-in-law had told her about the conversation he had with Vickers in the car on the way to the movies. Yes, she said. Ader asked if her youngest son had told her he had been &quot;touched.&quot; No, she said.</p> <p>By this time, the impassive, pale-faced Vickers started taking notes on a legal pad. He is diminutive, balding and gray in back; he wore a black suit. He is slight of chin and completely unremarkable in mien.</p> <p>The last witness further testified that she had not alerted the police after her brother-in-law relayed the car conversation because she had already done so &quot;long before.&quot;</p> <p>The defense attorney&#39;s next line of questioning brought forth testimony that many guests came and went at her household, including one who had been convicted of providing alcohol to minors.</p> <p>There were plenty of guests.</p> <p>&quot;More than I&#39;d like,&quot; she said.</p> <p>The case resumes tomorrow morning.</p> <p><em>(Batavia PD Det. Kevin Czora also testified, simply that he investigated the case; no details.)</em></p> http://thebatavian.com/billie-owens/molester-had-abundant-opportunities-sexually-abuse-kids-case-so-did-many-others/43910#comments batavia crime Tue, 29 Jul 2014 22:19:31 +0000 Billie Owens 43910 at http://thebatavian.com Le Roy fire's treasurer accused of stealing close to $50K from department http://thebatavian.com/howard-owens/le-roy-fires-treasurer-accused-stealing-close-50k-department/43907 <table align="right" border="0" cellpadding="0" cellspacing="0"> <tr> <td> <img alt="" src="/files/users/60/2014-3/snow_dennis.jpg" /></td> </tr> <tr> <td> <em>Dennis Snow</em></td> </tr> </table> <p><em>Press release:</em></p> <p class="rteindent1">New York State Comptroller Thomas P. DiNapoli today announced the arrest of Dennis Snow, the treasurer of the Le Roy Fire Department in Genesee County. Snow was charged with two counts of grand larceny in the third degree (class D felony), 42 counts of forgery in the first degree (class C felony) and two counts of falsifying business records in the first degree (class E felony) for allegedly stealing nearly $50,000 in public funds.</p> <p class="rteindent1">&ldquo;This individual blatantly abused his position and went on a spending spree with public money,&rdquo; DiNapoli said. &ldquo;It is alarming that my office continues to uncover instances such as this where local officials misuse their office for their personal benefit. I commend the village of Le Roy Police Department and District Attorney (Lawrence) Friedman for working closely with my staff to make sure this individual is held accountable for his actions.&rdquo;</p> <p class="rteindent1">DiNapoli&rsquo;s office found that Snow allegedly made unauthorized transfers, withdrawals and deposits from the department&rsquo;s account, as well as from the firemen&#39;s benevolent association. Snow used the money to pay his personal bills and admitted that he forged the required co-signers signatures in order to complete his theft. The audit is expected to be finalized in the next month. Snow is due back in court on Aug. 13.</p> http://thebatavian.com/howard-owens/le-roy-fires-treasurer-accused-stealing-close-50k-department/43907#comments crime Le Roy Tue, 29 Jul 2014 19:07:57 +0000 Howard B. Owens 43907 at http://thebatavian.com Police trying to determine if pair of crimes last week are related http://thebatavian.com/howard-owens/police-trying-determine-if-pair-crimes-last-week-are-related/43906 <p>Police investigators are looking into separate incidents last week to try and determine if the crimes are related and identify suspects.</p> <p>The first incident involved a robbery in the area of Tracy and Washington avenues in which three people robbed a pedestrian at about 11:20 p.m., July 19.</p> <p>The second incident was two nights later and involved four individuals jumping a victim in the area of State Street and Willow Street.</p> <p>While the <a href="http://thebatavian.com/howard-owens/police-investigating-robbery-tracy-and-washington/43803" target="_blank">robbery was previously reported</a>, BPD has released suspect descriptions.&nbsp;</p> <p>The three youths are described as a black male, late teens, wearing a dark-colored hoodie; a light-skinned male in his late teens wearing a white tie-died muscle shirt; and, a person in the late teens with no other description provided.</p> <p>One of the teens threatened the victim with the use of a weapon and told him to give him his money. The victim did not see a weapon displayed, but followed orders and handed over his money.</p> <p>In the second incident, the victim was sitting on a porch talking with a friend when a person approached and asked to speak with him along the side of the house.&nbsp;</p> <p>As he moved to the side of the house, three other individuals surrounded him.&nbsp;</p> <p>The first person started a confrontation with the victim and the other three people jumped in.</p> <p>A witness called police and when police arrived, the suspects ran.</p> <p>One juvenile was detained and later released to a parent.&nbsp;</p> <p>The 20-year-old victim was treated at the scene by Mercy EMS and said he didn&#39;t require further treatment.&nbsp;</p> <p>Anyone having information should contact the Batavia Police at <a href="tel:345-6350">345-6350</a> or confidentially via e-mail on the City of Batavia Web site link to the Batavia Police or Tip Line <a href="tel:345-6370">345-6370</a>.</p> http://thebatavian.com/howard-owens/police-trying-determine-if-pair-crimes-last-week-are-related/43906#comments batavia crime Tue, 29 Jul 2014 18:53:48 +0000 Howard B. Owens 43906 at http://thebatavian.com Law and Order: Alexander resident accused of stealing from employer http://thebatavian.com/howard-owens/law-and-order-alexander-resident-accused-stealing-employer/43902 <p><strong>Dennis C. Bump</strong>, 33, of Stannard Road, Alexander, is charged with grand larceny, 3rd. Bump is accused of stealing from his employer at various locations in Batavia. Bump was released under supervision of Genesee Justice.</p> <p><strong>Ann M. Capuano</strong>, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear. The underlying charges for her court appearance in this case were not released by police. She had been issued an appearance ticket on a previous matter. Capuano was released on $100 cash bail.</p> <p><strong>Desmond L. Majors</strong>, 21, of Walden Creek Drive, Batavia, is charged with two counts of harassment, 2nd, and disorderly conduct. Majors allegedly struck another person and yelled obscenities in a public place.</p> <p><strong>Kenisha A. Thomas</strong>, 16, of Dellinger Avenue, Batavia, is charged with assault, 3rd. Thomas is accused of assaulting another person while in Austin Park at 3:10 p.m., Sunday.</p> <p><strong>Daniel Robert Ruffner</strong>, 28, of Telephone Road, Pavilion, is charged with harassment, 2nd. Ruffner is accused of being the primary aggressor in a fight with another person.</p> <p><strong>Laurie J. Lerkins</strong>, 37, of Le Roy, is charged with driving while impaired by drugs and unlawful possession of marijuana. Lerkins was reportedly involved in a two-car accident on Route 98, Town of Java. Lerkins allegedly failed to maintain her lane and struck a vehicle driven by Rodney L. Gleason, 53, of North Chili. Upon subsequent investigation by state troopers, Lerkins was allegedly found to be under the influence of drugs. She was issued traffic tickets for failure to keep right, aggravated unlicensed operation, unlicensed operation and failure to notify DMV of a change of address.</p> <p><em>Also, a Grand Jury indictment:</em></p> <p class="p1"><strong>Cassandra R. Blake</strong> is indicted on one count of grand larceny, 4th. Blake is accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion on or about June 21 and 22.</p> http://thebatavian.com/howard-owens/law-and-order-alexander-resident-accused-stealing-employer/43902#comments batavia alexander crime Le Roy Pavilion Tue, 29 Jul 2014 13:33:01 +0000 Howard B. Owens 43902 at http://thebatavian.com Police confirm series of car break-ins on south side of city http://thebatavian.com/howard-owens/police-confirm-series-car-break-ins-south-side-city/43887 <p>A reader asked us to look into reports of a series of car break-ins in the city. We e-mailed Chief Shawn Heubusch and here&#39;s his response:</p> <p class="rteindent1">There have been several reported thefts from vehicles in the past month throughout the south side of the city. No suspects have been identified at this time. People in the area are strongly encouraged not to leave any valuable items in their vehicles and to keep their vehicles locked at all times. Most thefts from vehicles are crimes of opportunity and therefore little to no force is used. By keeping your car locked, and alarm active if you have one, will deter thieves from targeting your vehicle. Residents should contact the City Dispatcher at 345-6350 if they see suspicious activity taking place in their neighborhood.</p> http://thebatavian.com/howard-owens/police-confirm-series-car-break-ins-south-side-city/43887#comments batavia crime Mon, 28 Jul 2014 14:23:07 +0000 Howard B. Owens 43887 at http://thebatavian.com Law and Order: Use of 'Find My Phone' app leads to arrest http://thebatavian.com/howard-owens/law-and-order-use-find-my-phone-app-leads-arrest/43886 <p><strong>Barbara E. Ferrando</strong><span>, 42, of West Main Street, Corfu, is charged with criminal possession of stolen property. Ferrando was allegedly found in possession of a stolen phone after the victim tracked the phone using the &quot;Find My Phone&quot; app and located a moving vehicle pulling into the Walmart parking lot. The victim was able to provide an accurate description of Ferrando and her vehicle. The arrest was made by Officer Jason Davis and Sgt. Christopher Camp.</span></p> <p><strong>Oliver Thomas</strong><span>, 22, of Chestnut Street, Batavia, is charged with assault, 2nd, menacing, 2nd, criminal possession of a weapon, 3rd, and criminal mischief, 4th. Thomas was allegedly involved in a domestic incident at 10:46 p.m. July 23. Thomas was jailed on $10,000 bail or $20,000 bond.</span></p> <p><strong>Lamar L. Mobley</strong>, 20, of Wood Street, is charged with DWI, refusal to take breath test, open container, speed not reasonable and leaving the scene of a property damage accident. Mobley is accused of being involved in a hit-and-run accident at 3:53 a.m. Sunday on Bank Street, Batavia. The accident was investigated by Officer Devon Pahuta.</p> <p><strong>Stephan P. Durham</strong>, 17, of Ellicott Street, Batavia, is charged with criminal trespass, 2rd, criminal mischief, 3rd, grand larceny, 4th, and criminal possession of stolen property. Durham is accused of breaking into an impound lot, breaking a car window and stealing property from the car. Durham was jailed without bail.</p> <p><strong>Alexander L. Jordan</strong>, 19, of Ridge Road, Ontario, Canada, is charged with menacing, 3rd. Jordan allegedly physically threatened another person while in the parking lot of Tim Horton&#39;s at 11:25 p.m. on July 20.</p> <p><strong>Coty A. Patrizi</strong>, 24, of Morton Avenue, Batavia, was arrested on a warrant stemming from an unreasonable noise complaint.&nbsp;</p> <p><strong>Alex S. Dumbleton</strong>, 21, of Jackson Street, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child, criminal obstruction of breathing/blood circulation, criminal mischief, 4th, and harassment, 2nd. The charges stem from alleged domestic incident reported at 4:18 a.m. July 23. Dumbleton was jailed without bail.</p> <p><strong>Willie Albert Sabb Jr.</strong>, 40, of Hutchins Place, Batavia, is charged with criminal contempt, 2nd. Sabb is accused of being in the presence of two people in violation of an order of protection.</p> <p><strong>Byron R. Lee</strong>, 47, of West Main Street, Batavia, is charged with petit larceny. Lee is accused of shoplifting from the deli department of Tops.</p> <p><strong>Dakota Patrick Pursel</strong>, 17, of Pavilion Warsaw Road, Pavilion, is charged with making graffiti and criminal tampering, 3rd. Pursel is accused of writing on windows, window sills, doors and brick walls at Pavilion High School.</p> <p><strong>Richard John Abramski</strong>, 26, of West Main Street, Batavia, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Abaramski was allegedly found in possession of suboxone while serving an intermittent sentence at the Genesee County Jail.</p> <p><strong>Sean Douglas Lacy</strong>, 27, of West Bergen Road, Bergen, is charged with conspiracy, 5th. Lacy was allegedly involved in an incident at 12:32 a.m. Friday on Swamp Road, Byron, along with two other individuals, that resulted in the reckless discharge of a firearm.</p> <p><strong>Brian Paul O&#39;Grady</strong>, 49, of Main Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (55 in a 35 mph zone), failure to keep right and drinking alcohol in a motor vehicle. O&#39;Grady was stopped at 1:15 a.m. July 22 on East Main Street, Batavia, by Deputy Eric Seppala.</p> <p><strong>Norman D. Brockenshire</strong>, 58, of Batavia, is charged with criminal mischief 4th/preventing emergency call and harassment, 2nd. Brockenshire was allegedly involved in a domestic incident at 1:15 p.m., Saturday. The investigation was handled by the State Police.</p> <p><strong>Ravae S. Quonce</strong>, 27, of Syracuse, is charged with DWI and driving with a BAC of .08 or greater. Quonce was stopped at 9:56 p.m. Friday on Simonds Road, Darien, by State Police.</p> http://thebatavian.com/howard-owens/law-and-order-use-find-my-phone-app-leads-arrest/43886#comments batavia crime Mon, 28 Jul 2014 14:17:23 +0000 Howard B. Owens 43886 at http://thebatavian.com Six arrests reported at Keith Urban concert http://thebatavian.com/howard-owens/six-arrests-reported-keith-urban-concert/43869 <p><span>The following people were arrested by the Genesee County Sheriff&#39;s Office during the Keith Urban concert at Darien Lake Performing Arts Center on Friday.</span></p> <p><b>Veronica E. Dudla</b>, 19, of Carolyn Avenue, Niagara Falls, Ontario, Canada, is charged with criminal impersonation, 2nd, after allegedly impersonating another person. She was also issued a ticket for alleged possession of another&rsquo;s license.</p> <p><b>Tyler J. Sobkowiak</b>, 19, of Dean Road, Depew, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.</p> <p><b>Nicholas M. Boulard</b>, 22, of College Road, Stevensville, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.</p> <p><b>Sara E. Friedman</b>, 26, of Ayrshire Lane, Henrietta, is charged with disorderly conduct after allegedly causing a disturbance in the campground.</p> <p><b>Dominic J. Manarasi</b>, 24, of 26th Street, Niagara Falls, is charged with harassment, 2nd, after allegedly punching a security guard.</p> <p><b>Breanna M. Rivers</b>, 23, of Rhode Island Avenue, Niagara Falls, is charged with harassment, 2nd, after allegedly pushing and hitting a security guard.</p> <p>The following people were ticketed for alleged possession of a fictitious license:</p> <p><b>Nicole D. Dugo</b><span>, 18, of Dansville</span><br /> <b>Caroline A. Grande</b><span>, 18, of Scottsville</span><br /> <b>Brittany M. Copeland</b><span>, 19, of Warsaw</span><br /> <b>Ryan S. Cordis</b><span>, 19, of Springville</span><br /> <b>Samuel E. Anderson</b><span>, 20, of Kane, Pa.</span><br /> <b>Mackenzie C. Garby</b><span>, 18, of Great Valley</span><br /> <b>Megan E. Arno</b><span>, 20, of Clarence</span><br /> <b>Thomas C. Schena</b><span>, 18, of Great Valley</span><br /> <b>Danielle N. Mueller</b><span>, 19, of Rochester</span><br /> <b>Michael Gallagher</b><span>, 19, of Hamburg</span></p> <p>The following people were issued tickets for alleged possession of another person&#39;s license:</p> <p><b>Anthony J. Laurienzo</b>, 19, of Akron<br /> <b>Lydin N. Kallin</b>, 19, of Orchard Park<br /> <b>Lisa N. Wayda</b>, 20, of Spencerport<br /> <b>Haley M. Waple</b>, 20, of Lockport<br /> <b>Kayla B. Kreuder</b>, 19, of Hamburg<br /> <b>Angela N. Creek</b>, 19, of Cheektowaga<br /> <b>Alec E. Davis</b>, 18, of Fort Erie, Ontario, Canada &ndash; 2 counts<br /> <b>Molly K. Gorski</b>, 19, of Akron<br /> <b>Chelsea D. Rzepka</b>, 20, of Rochester<br /> <b>Patrick G. Stairs</b>, 18, of Fort Erie, Ontario, Canada</p> http://thebatavian.com/howard-owens/six-arrests-reported-keith-urban-concert/43869#comments crime Darien darien lake darien lake performing arts center Sat, 26 Jul 2014 16:42:19 +0000 Howard B. Owens 43869 at http://thebatavian.com Le Roy police arrest two men - an alleged slasher and another accused of criminal sex acts http://thebatavian.com/billie-owens/le-roy-police-arrest-two-men-alleged-slasher-and-another-accused-criminal-sex-acts/4384 <table align="right" border="0" cellpadding="0" cellspacing="0" style="width: 120px;"> <tbody> <tr> <td> <img alt="" src="/files/users/60/2014-3/mug_ken_smith.jpg" style="width: 120px; height: 150px;" /></td> </tr> <tr> <td> <em>Kenneth Smith</em></td> </tr> </tbody> </table> <p>An investigation into an alleged assault which occurred in January 2013 resulted in the arrest Wednesday of a 29-year-old Le Roy native living in the City of Rochester. <strong>Kenneth G. Smith III</strong>, of 911 Lake Ave., was arrested by the Le Roy Police Department on July 23 and charged on two counts: criminal possession of a weapon, 3rd, a Class-D felony; and first-degree assault, a Class-B felony.</p> <p>It is alleged that on Jan. 10, 2013, Smith was involved in an altercation in an apartment on Main Street in the Village of Le Roy. Smith allegedly possessed a dangerous instrument in the form of a glass item with intent to use it against another (while having a prior criminal conviction). He then allegedly used it to strike the victim numerous times about the face causing permanent facial disfigurement/scarring. Smith was arraigned in Le Roy Town Court and released under supervision of the Genesee Justice.</p> <table align="right" border="0" cellpadding="0" cellspacing="0" style="width: 120px;"> <tbody> <tr> <td> <img alt="" src="/files/users/60/2014-3/mug_michael_stack.jpg" style="width: 120px; height: 172px;" /></td> </tr> <tr> <td> <em>Michael Stack</em></td> </tr> </tbody> </table> <p><strong>Michael J. Stack Jr.</strong>, 37, of 7450 Randall Road, Le Roy was also arrested by the Le Roy Police Department on Wednesday. He is charged with two counts of first-degree criminal sexual act, a Class-B felony.</p> <p>It is alleged that yesterday, while in an apartment on East Main Street in the Village of Le Roy, Stack engaged in oral sexual contact with the victim while the victim was incapable of consent by the reason of being physically helpless and by forcible compulsion.</p> <p>The charges stem from an allegation by the victim that the victim was sleeping and awoke to Stack kneeling over the victim having oral sexual contact with the victim.</p> <p>Stack was jailed in lieu of $5,000 bail.</p> http://thebatavian.com/billie-owens/le-roy-police-arrest-two-men-alleged-slasher-and-another-accused-criminal-sex-acts/4384#comments crime Le Roy Thu, 24 Jul 2014 19:05:45 +0000 Billie Owens 43849 at http://thebatavian.com