batavia

The criminal case of a Bergen woman accused of stealing $35,000 from a former Rochester resident has been dismissed, but Judge Robert C. Noonan's order dismissing the charges is being hidden in the defendant's now-sealed court file.

A court official said as a routine matter, case files are sealed when charges are dismissed.

Noonan's order would possibly include his findings in the matter and explain any deficiencies in the government's case and possibly include exculpatory information favoring the defendant.

Michele Case, 45, of 7100 N. Bergen Road, Bergen, was subjected to a criminal investigation by State Police after allegations arose that she improperly obtained funds the woman's accounts while caring for the ailing, elderly woman.

Darren M. Brooks, 24, of Hawkmeadow Drive, Irving, is charged with criminal contempt,1st, and harassment, 2nd. Brooks was allegedly involved in a fight with a woman while leaving a bar in the area of Sandhill Road, Alexander. Brooks is allegedly barred from having contact with that woman. He was jailed on $5,000 bail or $10,000 bond.

Elysia Marie Summers, 26, of South Main Street, Batavia, is charged with petit larceny. Summers is accused of attempting to shoplift from Kmart. She allegedly filled a large diaper bag with merchandise totaling $332.81.

Saul D. Standsblack, 32, of Parker Road, Alabama, is charged with criminal contempt, 2nd. Standsblack was allegedly involved in a fight at Jim & Bob's Automotive. There are no charges from that altercation; however, Standsblack allegedly had contact with a person he was barred from contacting during the incident.

Lisa Marie Franks, 38, of McDonald Street, Greensville, N.C., is charged with DWI and driving with a BAC of .08 or greater. Franks was allegedly observed leaving the Green Day concert at Darien Lake Theme Park driving in an erratic manner. Franks was followed by a citizen who phoned in a complaint about Franks' driving.

Buffalo Sabres legend Danny Gare has an important Genesee County tie -- his daughter and son-in-law live in Le Roy. And now he has a grandchild. His daughter just gave birth at UMMC, so he was in Batavia tonight and stopped in at South Beach for dinner with his son-in-law.

Above, South Beach owner Ken Mistler takes a mobile phone picture of Mary Kline with Gare. Below, Chef Arvin Ortiz -- a HUGE Sabres fan -- poses with Gare.

From inside the County Legislature's chambers.

The 86th season for the Batavia Concert Band is drawing to a close. Tonight, the group of experienced professionals and enthusiastic amatuers presented its second-to-last show of the summer at Centennial Park.

More than 200 people were on hand in the warm, beautiful evening to hear a mix of classic and popular tunes.

The Concert Band performs its finale of the season at 7 p.m. next Wednesday in Centennial Park.

An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.

A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off. 

A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.

The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.

Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.

He was apprehended quickly.

The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.

He is charged with attempted petit larceny.

The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.

(initial report)

Batavia resident Frank VanApeldoorn was positioned on Ellicott Street this afternoon with his religious sign. VanApeldoorn said today wasn't the first time he's stood in front of the former Dellapenna building with his sign. He's also travelled around the region, and even around the country, with his sign. VanApeldoorn, a member of Calvary Baptist Church on Galloway Road, said he likes the Dellapenna's location because it's visible, but still out of people's way and, "It's where God put me."

A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.

Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.

Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.

Lanham is also accused of taking and possessing explicit pictures of the girl.

He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.

Lanham is being held in Genesee County Jail without bail.

CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."

A motor vehicle accident involving either a pedestrian or bicyclist is reported on Ellicott Street in front of the courthouse.

Batavia Fire Department and Mercy EMS have responded.

The person who wasn't in a vehicle is walking and complains of knee pain.

Batavia Police are looking for a subject in the area of Buell Street, west of Cedar Street.

The subject may have committed a petit larceny at Pandora's Boxxx on Ellicott Street.

A partial description, a white male with a tanned complexion wearing a plaid shirt and gray undershirt.

UPDATE (3:25 p.m.): The owner of Pandora's Boxxx reportedly spotted the suspect and followed him down Edward Street, where he ran into Elmwood/St. Joseph Cemetery. Police arrived and he tried to escape but appeared to run out of energy, or willpower, and was quickly apprehended.

A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.

Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.

Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.

Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.

"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.

Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.

Sentencing was set for Sept. 23.

Previous coverage:

• Reader tips help lead to arrest of larceny suspect
• Alleged credit card larcenist also accused of violating probation
• Police Beat: Man allegedly found driving stolen Caravan
• County Manager Gsell helps apprehend alleged car thief

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.

Community members young and old came to Austin Park tonight for Batavia's "National Night Out," a chance for residents to mingle together, see old friends, make new ones, learn about public safety issues, have their children receive ID cards and play a few games and enjoy some local music.

More pictures after the jump:

An interesting situation arose tonight that's just kind of worth noting for the record: Mercy EMS ran out of ambulances.

When a girl fell from a scooter on Summit Street at about 10:45 p.m., just a block from UMMC, a dispatcher asked Batavia City Fire who should respond. The city asked for Oakfield.

Seconds later, a Mercy EMS ambulance noted they were in service (meaning free to take a call). The dispatcher asked city fire if Mercy EMS should respond. City fire responded that it was only a "BLS call" (basic life support).

Dispatch informed the Mercy EMS unit that Oakfield was responding. The unit, with a siren blaring in the background, informed dispatch it was only three minutes out. The dispatcher responded that the agency with jurisdiction had already requested Oakfield.

Oakfield's ambulance was on scene within minutes and had the patient quickly transported to UMMC.

I can't think of another time in which I've personally heard a volunteer ambulance service responding to a call in the city since Mercy took over ambulance service.

At National Night Out in Austin Park this evening, Batavia City Fire Department was on hand with Ladder 15. My joke, pointing to the top, "What's the price of the ride?"

That evolved into permission to get an actual ride high over Batavia aboard the platform of Ladder 15.

Thank you to city fire for letting me get a view of Batavia from such a great vantage point.

Firefighter Bob Fix drove the rig up and back down, and I know he was laughing under his breath when he said, "You know you can let go of the railing. You're wearing a harness."

The wind and any movement causing the bucket to sway wasn't frightful so much as it was disconcerting. I politely declined his offer to not keep one hand on the railing to steady myself.

More pictures after the jump (and more pictures from National Night Out T/K):

A Batavia woman is accused of making her 13-year-old daughter and an 11-year-old friend ride in the trunk of her car going to and coming from a bonfire at a friend's house on Old Creek Road this past Friday.

Julie C. Stevens, 57, of 18 Harvester Ave., is charged with two counts of endangering the welfare of a child.

She appeared in Batavia City Court this morning and Judge Michael Delplato required her to take her daughter to the girl's father's house in Perry before imposing an order of protection barring her from contact with the girl while the case is pending.

She was also given time to arrange for representation through the Public Defender's Office.

Stevens is scheduled to appear in city court on Wednesday and enter a plea and receive the order of protection.

In a statement to police, Steven said she had six children riding in her car after they had spent some time playing at the spray park. She said the back seat of her car folds down and there were children sitting on the folded down seats and her daughter and another child in the trunk.

She said they spent two hours at the bonfire.

A mother from Varysburg filed a complaint with city police after one of her children -- who had been left at Steven's house to be babysat -- told her a couple of days later what allegedly happened.

The city court file contains statements from the mother and two of her children, including the 11-year-old boy who was allegedly told to ride in the trunk.

The make and model of Steven's car were not listed in the court file and the information is not available through city police.

The case was investigated by Officer James DeFreze and Officer Jason Davis.