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Alabama man already charged with multiple sex crimes indicted on 12 more criminal counts

By Howard B. Owens

Earl Francis Sprague, 42, of 1366 Church St., Alabama, already indicted on 28 counts of sexual abuse, is facing new felony charges after he was arraigned in county court today on a new indictment.

The sealed Grand Jury indictment was opened by Judge Robert C. Noonan while Sprague was in court. It contained 12 new counts against Sprague, who has also been accused of trying to have somebody murdered.

Among the new counts against Sprague is predatory sexual assault, a Class A-II felony that carries a possible sentence of 10 to 25 years in prison.

He's also charged with two Class B felonies of first-degree burglary. People convicted of Class B felonies can be sent to prison for up to 25 years.

He's also charged with first-degree sexual abuse, assault, 1st, and four counts of criminal contempt, 2nd.

In the new indictment, Sprague is accused of unlawfully entering a dwelling in the Town of Alabama and causing physical injury to another person at least twice in January, 2010.

He is accused of subjecting another person to sexual contact by force and using a foreign object in a sexual manner by force.

The predatory sexual abuse charge alleges that in the process of the forced sexual contact with a foreign object he caused physical injury to the victim.

Sprague is also accused of contacting by telephone on four separate occasions in September and January a person he was ordered by a judge not to contact.

Previously:

Vehicles on Bloomingdale Road, Alabama, broken into overnight

By Billie Owens

At least four vehicles were broken into overnight in the area of 358 Bloomingdale Road in Alabama, according to scanner traffic. Sheriff's investigators are on scene. The location is between Shanks and Tesnow roads.

Photos: Snowy Saturday morning in Genesee County

By Howard B. Owens

I left the house early this morning looking for snow-related photos.

I started at Centennial Park and grabbed this picture of the gate at the Rowell Mansion flocked in snow.

Tree on Lockport Road, east of Albion Road

Same spot on Lockport Road, other side of the street

Ledge Road and Alleghany Road, Alabama

Indian Falls

Law and Order: Woman accused of stealing items from residence in Alabama over Father's Day weekend

By Howard B. Owens

Penny Sue Sprague, 42, of Oakfield, is charged with burglary, 2nd. Sprague is accused of entering a residence without permission on Father's Day weekend and stealing several items, including electronics, jewelry, money and other property.  Following arraignment, Sprague was released under supervision of Genesee Justice.

Scott D. Fairfield, 19, of 131 S. Swan St., Batavia, is charged with resisting arrest. Fairfield is accused of interfering with the arrest of another person at his residence. No further information was released.

Timothy James Walsh, 44, of Redfield Parkway, is charged with criminal mischief, 4th, and leaving the scene of a property damage accident. Walsh is accused of using a motor vehicle to recklessly damaging the property of another person on Hunn Road, Alexander, on Feb. 3.

Car parts help deputy find accident scene after mangled car, alleged drunken driver found in Orleans County

By Howard B. Owens

Deputy Brian Thompson said it felt a little like Hansel and Gretel on Route 63 this morning, but it wasn't bread crumbs he was following -- it was bits and pieces of a mangled car.

Orleans County Sheriff's deputies had arrested a man for allegedly driving drunk and his car was badly damaged from an apparent accident.

Thompson got the call about 8 a.m. to try to find the accident location, which authorities believed was somewhere between the Walmart in Batavia and Orleans County.

"That's a big area to search," Thompson said.

He started at the Orleans County line and headed south on Route 63. 

Besides car parts, Thompson said there was a long, large gouge in the roadway from the wheel assembly of the car, which had lost a front tire and rim in the accident.

The Genesee County Sheriff's Office was first alerted to a possible intoxicated driver just before 5 a.m. when dispatchers received a report of a badly damaged red car heading north on Route 77.

The car was never located in Genesee County.

At 5:28 a.m., the Orleans County Sheriff's Office received a report of a red car heading north on Route 63 with sparks flying from under the car.

A short time later, an Orleans County deputy located a man walking in the Sanderson/Water Works area. Deputies later found the car, which was missing both front fenders, the front license plate and a tire and rim.

Thompson found the first evidence of an accident about a 10th of a mile inside Genesee County, where a car had struck a bridge, which is where the vehicle lost its right front tire.

Dispatchers then received a report from a resident on Judge Road that a mailbox had been knocked over. Thompson proceeded to that location and found more car parts, including what appears to be the missing license plate from the red 2001 Olds Alero located in Orleans County.

According to Thompson's accident report, the Alero was westbound on Judge Road and failed to keep right, crossing into and across the eastbound lane.

The Alero struck a mailbox at 1376 Judge Road.

The vehicle continued westbound, across the lawn of the residence and then struck and destroyed a concrete survey marker.

The car continued on to property at 1378 Judge Road, striking a tree stump and bush.

The driver is identified as 21-year-old Brandon M. Sponaugle, of Ridge Road, Medina.

An Orleans County dispatcher confirmed the driver of the car had been charged with DWI but had no further information available this morning.

Thompson's report indicates Sponaugle was allegedly driving on a suspended license. Additional charges are pending in Genesee County.

"I don't know how he made it as far as he did," Thompson said. "I'm glad no one was killed, that's for sure."

Alabama man accused of raping woman during argument

By Howard B. Owens

A 21-year-old Alabama man remains in jail, accused of rape, after he allegedly forced a woman he knew into sexual intercourse as his way to settle an argument.

The man is accused both of forced intercourse and forced sexual contact, according to State Police.

Matthew R. Smith, of Lewiston Road, is charged with rape in the first degree and sexual abuse in the first degree.

He was jailed on $10,000 bail and is scheduled to reappear in Alabama Town Court at 1 p.m., Feb. 7.

Smith has been ordered to have absolutely no contact with the woman.

New attorney for man accused of sexual abuse given time to study the case

By Howard B. Owens

The trial date for an Alabama man indicted on 28 counts of sexual abuse has been moved back, giving his new attorney time to become familiar with the case.

Earl Francis Sprague , 42, of Church Street, Alabama, was also later indicted on counts of criminal solicitation, 2nd, for allegedly trying to hire somebody to murder a witness.

Last week, William Harper, of the Public Defender's Office, withdrew from the case, citing a conflict of interest. Harper is representing one of the criminal solicitation witnesses on an unrelated criminal matter.

Since the witness wouldn't agree to a new attorney, Sprague consented to the change of attorney.

He is now represented by Fred Rarick, who was assigned to the case today.

Attorney and client will appear in court Feb. 20 to update Noonan on Rarick's progress in becoming familiar with the case, at which time a trial date will be set.

In August, Sprague was indicted on 28 counts sexual abuse in the first degree against a child under age 11. He allegedly abused a child on 28 separate occasions from 1999 through 2009.

Sprague is currently being held in the Genesee County Jail.

Law and Order: Le Roy man accused of using stolen debit card

By Howard B. Owens

Thomas Ianello Jr., 27, of 8 St. Marks St., Le Roy, is charged with criminal possession of stolen property, 4th, and petit larceny. Ianello is accused of wrongfully possessing a debit card belonging to another person and then using that debit card to make withdrawals. Ianello was released under supervision of Genesee Justice.

Cara Leigh Skye, 24, of South Loop, Steamburg, is charged with a felony count of bail jumping. Skye allegedly failed to appear for a court case in Alabama Town Court. Bail was set at $6,000.

Law and Order: Pa. man accused of carrying loaded, unregistered handgun

By Howard B. Owens

Richard David Farley, 64, of New Bethehem, Pa., is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and possession alcohol in a motor vehicle. Farley was a passenger in a vehicle stopped on Route 77 in the Village of Corfu at 11:58 p.m. on Friday. During the traffic stop, Farley was allegedly found in possession of an open container of alcohol, a marijuana cigarette and a loaded, unregistered semi-automatic .22-caliber pistol. Farley was jailed on $2,000 bail.

Brandon P. Stagg, 20, and Oscar J. Familia, 21, of 25 Trumbull Parkway, Batavia, are charged with possession of alcohol under age 21 and unnecessary noise. Stagg and Familia were arrested following a complaint of an underage drinking party at their home. Stagg was charged with possession of alcohol and Familia was charged with unnecessary noise.

Caroline B. Robinson, 31, of 38 Gilbert St., Le Roy, is charged with trespass. Robinson is accused of remaining at a hotel on Oak Street after being told to leave by hotel staff and a Batavia PD officer.

William G. Raschi, 62, of 5630 W. Lake Road, Conesus, is charged with felony DWI, unlicensed operation, unsafe lane change, failure to stop for traffic signal and consumption of alcohol in a motor vehicle. Raschi was stopped on East Main Street, Batavia, at 5:57 p.m. Saturday, by Officer Matt Lutey. The charge is a felony because of an alleged prior DWI conviction in the previous 10 years. Raschi was jailed without bail pending a court appearance today.

Steven J. Raimondi, 19, of 679 E. Main St., is charged with possession of alcohol under age 21. Raimondi allegedly hosted a large underage drinking party at his residence, which was reported at 1:12 a.m., Sunday. A 16-year-old female was also charged.

Paul B. Heale, 58, of 234 Ellicott St., lower, Batavia, is charged with DWAI. Heale was stopped following a complaint of a possibly intoxicated driver at 2:30 p.m. Thursday on Pearl Street by Officer Eric Hill.

Robert D. Griffin Sr., 34, of 319 E. Main St., Batavia, is charged with two counts of criminal mischief, 4th. Griffin is accused of breaking a window by throwing a boot at it during an argument and then preventing a female from calling police by taking her mobile phone.

Frank J. Falcone, 27, of 10599 Main St., upper, Alexander, is charged with criminal mischief, 4th, and harassment, 2nd. Falcone was charged following a lengthy investigation by Batavia PD into an incident in the parking lot of Billy Goats on Oct. 20. Falcone is accused of kicking a vehicle, causing damage, and of punching and slapping the owner of the vehicle.

Tharon Joseph Kunkle, 52, of Read Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and unregistered ATV. Kunkle was charged after allegedly being observed driving his ATV on Route 5, Batavia at 2:32 a.m. Sunday by Deputy Joseph Corona.

Samantha Nicole Frear, 25, of Hempstead Avenue, Buffalo, was arrested on a bench warrant out of Town of Darien Court by Buffalo PD following a traffic stop.  The warrant stems from a harassment, 2nd, charge in November, 2009. 

John J. Maroni, 50, of Clay, is charged with possession of unstamped cigarettes, DWI, driving with a BAC of .18 or greater, failure to use/improper use of four-way flashers, and consumption of alcohol in a motor vehicle. Maroni was arrested following a report of a vehicle parked along the roadway on Oakfield-Elba Townline Road, Oakfield at 7:13 p.m., Friday.

Vincent Donald Henning, 35, of Batavia, is charged with DWI, driving with BAC of .18 or greater, improper right turn and unlicensed operator. Henning was stopped on Seven Springs Road, Batavia, at 10:47 p.m. Friday by Deputy James Diehl.

Andrew Garry Anderson, 28, of Basom, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone (65 in a 40 mph zone). Anderson was stopped on Route 77, Basom, at 12:25 a.m. Friday by Deputy Patrick Reeves.

Danielle R. Dixon, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Dixon was stopped at 2:30 a.m. Sunday on Hutton Road, Oakfield, by State Police.

Law and Order: Duo accused of fighting at the Longhouse on the reservation

By Howard B. Owens

Heather M. Ground, 27, of Meadville Road, Tonawanda Indian Reservation, and Casey A. Jonathan, 35, of Skye Road, Tonawanda Indian Reservation, are charged with harassment, 2nd. Ground and Jonathan allegedly became involved in a dispute during a ceremony at the Longhouse on the Tonawanda Indian Reservation. Ground allegedly pushed and then punched Jonathan. A few minutes later, Jonathan allegedly punched Ground in the mouth.

Shawn C. Wetmore, 40, of 38 Maple St., Batavia, is charged with endangering the welfare of a child, harassment, 2nd, and criminal mischief, 4th. During a fight, Wetmore allegedly kicked a door open, which was close to an infant. He allegedly threw an item at another person. Wetmore was jailed on $5,000 bail.

Carrie Q. Blunt, 20, of 24 Thomas Ave., Batavia, is charged with false personation. Blunt was arrested on a bench warrant during an unrelated investigation.

Keith Joseph Jackson, 18, of Slusser Road, Batavia, is charged with possession/consumption of alcohol under age 21. Also charged, Corey Jarome Mooney, 19, of Lockport Road, Oakfield, and a 17-year-old female resident of State Street, Batavia. The trio was allegedly at an underage drinking party at 12:04 a.m., Saturday, on Orchard Street in Oakfield. The case was investigated by Deputy Patrick Reeves and Deputy Matthew Fleming.

Devine Raheem Worthy, 28, of Congress Street, Buffalo, was arrested on a bench warrant for alleged failure to pay restitution.

Driver allegedly driving too fast for conditions, causing minor injury accident

By Howard B. Owens

A driver may have been going to fast for conditions at 8 p.m., Tuesday, when she apparently lost control of her car on Ledge Road in Alabama, causing a minor injury accident.

Cited for allegedly driving at a speed not reasonable or prudent was 20-year-old Jessica Metzler, of Portland.

Metzler was southbound on Reuben Road when she lost control of a 2010 Chevy sedan owned by Lauren Reinhardt, of Farmington. She drove off the left shoulder of Ledge Road, came back onto the roadway, drove off the south shoulder again, went back onto the roadway and into the westbound lane of Ledge Road and exited the north shoulder, hitting a sign post and then a large rock.

Reinhardt, 22, suffered a minor injury but did not require transportation to a hospital.

The accident was investigated by Deputy Tim Wescott.


Police accident report sketch.

Structure fire on Skye Road on the Tonawanda reservation

By Billie Owens

A structure fire is reported next to 218 Skye Road on the Tonawanda Indian Reservation. The location is between Council House Road and the dead end. Alabama Fire Department and Mercy medics are responding and mutual aid is requested from Akron.

UPDATE 3:51 a.m.: House-trailer fire in the woods. Fully involved with propane tanks nearby. All occupants are accounted for.

UPDATE 3:53 a.m.: Indian Falls Fire Department is responding.

UPDATE 3:55 a.m.: Command says all units can back it down. "This thing's just about on the ground."

UPDATE 4:02 a.m.: Akron is asked to get water from a source at Jan's Smoke Shop and to have its tanker proceed into the scene. The family which lived in the trailer has been living at a different residence and no members were in the trailer at the time the fire started.

UPDATE 4:12 a.m.: Pembroke Fire Department is on location.

UPDATE 5:27 a.m.: The fire has been out for awhile and all responders are back in service.

Working house fire on Bloomingdale Road in Alabama

By Alecia Kaus

A working house fire has been reported on Bloomingdale Road near Ackerson Road.

Flames showing in second story. Second alarm.

All people accounted for in the house.

Alabama Fire Department responding.

On my way to the scene.

UPDATE 9:15 a.m.: Bill Schutt, assistant fire chief for the Town of Alabama Fire Department, says when crews arrived on scene the homeowner was on the roof in his bare feet trying to push the chimney away from the house.  

The homeowner was later transported to an area hospital with burns to his legs. According to the homeowner's statements, the fire started in the chimney.

The fire then quickly spread to the second story and got out of control with help from the high winds. Fire crews also ran out of water at the scene several times. Tankers hauled in water from ponds that were quite a distance from the fire.

About 12 companies helped fight the fire. Several were called in from Erie and Orleans counties due to the amount of local departments already out on calls for trees and wires down.

The home is a total loss.Firefighters will be on scene for some time to get it under control.

UPDATE 10:41 a.m.: Red Cross has been called in to help the two adults that live in the home.

Mercy medic called non-emergency to the scene for a firefighter with a minor injury.

UPDATE 3:07 p.m. (by Howard): Photo below submitted by a reader.

Sheriff's Office investigating daytime burglaries in Elba, Alabama and Town of Batavia

By Alecia Kaus

The Genesee County Sheriff's Office is investigating a number of daytime, residential burglaries that occurred on Wednesday, Jan. 16.

The burglaries happened along Ridge Road and Lockport Road in Elba, Ham Road in Alabama, and Batavia-Oakfield Townline Road in Batavia. All residences were broken into by forcing open locked rear or side doors. Property stolen consisted of jewelry and electronic devices.

The Sheriff's Office would like residents in Genesee County to be extra vigilant and immediately report anything suspicious such as someone knocking on your door asking for directions, any vehicle being operated in an unusual manner, or if you witness any vehicles or individuals that appear suspicious.

Also, keep an eye on your neighbors' residence and report anything that appears to be suspicious or out of place.  

Contact the Genesee County Sheriff's Office at 585-343-5000 to report any such incidents.

Grand Jury Report: Alabama man accused of choking victim

By Howard B. Owens

Stephen P. Pahuta III, is indicted on charges of on two counts of criminal obstruction of breathing or blood circulation, one count of strangulation in the second degree, coercion in the first degree, criminal mischief in the fourth degree and assault in the third degree. Pahuta is accused of choking another person June 23 at a location in the Town of Alabama. It's alleged that the victim lost consciousness or was in a stupor for a period of time. Pahuta is accused of instilling fear in the victim so she wouldn't contact law enforcement. There also an alleged choking incident July 16. Pahuta is accused of damaging a phone to prevent the victim from requesting emergency assistance.

Richard R. Vetter is indicted on on count of grand larceny in the third degree and 16 counts of falsifying business records. Vetter is accused of stealing $8,689.78 from a business in Darien. He is accused of making at least 16 false entries into log books to conceal his theft of cash from the business.

Mark K. Biggins is indicted on counts of felony DWI and driving with a BAC of .08 or greater. It is alleged that Biggins drove drunk on Route 33 in Stafford on Sept. 12. According to the indictment, Biggins was convicted of DWI in July, 2003.

Two-car accident reported in front of The Rez smoke shop, minor injury

By Howard B. Owens

A two-car accident has been reported at 986 Bloomingdale Road, Tonawanda Indian Reservation, in front of The Rez smoke shop.

One person has a facial injury.

Alabama Fire Department, Mercy EMS responding.

The roadway is blocked.

UPDATE 1:13 p.m.: All the patients are in the restaurant. There are at least two, maybe three.

UPDATE 1:44 p.m. (Billie): One person suffered a leg injury, possibly a fracture. One patient was transported to Millard Fillmore Suburban Hospital. Not sure of the destination, if any, of others. Alabama went back into service at 1:37 p.m.

Car crash, minor injuries, on Town Line Road, Alabama

By Billie Owens

A motor-vehicle accident is reported, with minor injuries, at 2333 Town Line Road, near Maple Road, and Alabama Fire Department is responding along with medics.

UPDATE 12:59 p.m.: Four vehicles are involved. One of them is blocking traffic. One tow truck is already on scene.

UPDATE 1:09 p.m.: The Town of Alabama Highway Department is called to the area to clear the roads, which "are pretty bad," according to a responder. One ambulance is said to be sufficient.

Law and Order: Batavia man jailed on criminal charges, alleged drug court violation

By Howard B. Owens

Timothy L. Taylor, 38, of 219 N. Spruce St., #124, Batavia, is charged with assault, 3rd, criminal obstruction of breathing and reckless endangerment, 2nd. Taylor was picked up by the State Police at a location on West Main Street Road on an unrelated matter Saturday and turned over to the Batavia PD on a warrant for the listed charges. Taylor is also accused of violating the terms of Drug Treatment Court. Taylor was jailed on $5,000 bail for the alleged criminal offenses and $100,000 for the alleged violation of drug court terms. He is schedule to reappear in city court on Dec. 26.

Scott N. Cameron, 30, of 25 Vine St., Batavia, is charged with harassment, 2nd and endangering the welfare of a child. Cameron is accused of hitting a family member who is under age 17.

Benjamin L. Brade, 30, of 12 Denio St., Batavia, is  charged with criminal contempt, 2nd. Brade is accused of violating an order of protection by being under the influence of alcohol while with the protected party.

Carl I. Sherman, 33, of 68 Dix St., Rochester, is charged with aggravated harassment, 2nd. Sherman was picked up by Rochester PD and turned over to Batavia PD on a warrant related to the listed charges. Sherman posted $500 bail.

Emily V. Salvatore, 30, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Salvatore was stopped by State Police at 11:27 p.m., Friday, on Route 31, Albion.

John Lee Smith, 38, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, avoiding intersection, failure to keep right, moving from lane unsafely. Smith was stopped at 9:49 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Frank Bordonaro. Smith was allegedly observed avoiding the intersection at River Street and Main Street and not maintaining his lane.

Jeffrey J. Cervone, 44, of Skye Road, Basom, is charged with petit larceny. Cervone was taken into custody by the State Police out of Clarence and turned over to the Sheriff's Office on a bench warrant.

Gary Howard Waters, 35, of East Avenue, Gasport, is charged with DWI, driving with a BAC of .18, speed not reasonable and prudent, leaving the scene of a property damage accident and failure to keep right. Waters was arrested following an investigation by Deputy Jason Saile and Deputy Eric Seppala into a motor vehicle accident at 3:03 a.m., Saturday, on Lewiston Road, Oakfield.

Robert A. Barnhart Jr., of Le Roy, was arrested on a warrant by the Wyoming County Sheriff's Office. Barnhart is accused of owing several thousands of dollars in restitution from a prior case.

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