Le Roy

A person checking on a neighbor's house Sunday in Le Roy was surprised to find an intruder hiding in the basement.

Nobody was hurt in the incident, but the Le Roy Police Department is looking for assistance from the public in identifying the burglar.

The incident occurred between 8:30 and 9 p.m. on Hilltop Drive after a person returned home from watching the Super Bowl half-time show at another location and noticed a suspicious person standing near a neighbor's house.

The suspicious person disappeared from sight and the resident checked his neighbor's door and found it ajar. The resident then checked the house and found the intruder in the basement.

The intruder pushed the resident out of the way and fled.

The police press release did not specify whether anything was stolen nor did it provide a description of the suspect.

Police investigators are asking that anybody who might have information related to this incident to call 768-2527.

The Grand Jury has issued a two-count indictment against Lekisha M. Avant. Avant is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. The indictment alleges that on Feb. 8, 2005, Avant, while at the Days Inn, 200 Oak St., Batavia, did knowingly and unlawfully possess a narcotic drug, cocaine, with the intent to sell it. The indictment further alleges that on Dec. 29, 2009, Avant was again at the Days Inn and knowingly and unlawfully in possession one or more preparations, compounds, mixtures or substances containing a narcotic drug (cocaine) having an aggregate weight of one-eighth an ounce or more. (For initial arrest report, click here.)

The Grand Jury also issued a two-count indictment against Charles Brown. Brown is charged with aggravated unlicensed operation 1st and aggravated unlicensed operation 2nd. The indictment accuses Brown of driving on Aug. 20, 2009, on the Thruway through Le Roy when he knew, or had reason to know that his license was suspended. Brown allegedly was operating with 10 or more suspensions imposed on at least 10 separate dates. The alleged suspensions date back to Feb. 6, 2003.

A third arrest has been made in "The Case of the Stolen Pot" in Le Roy.

Taken into custody by Le Roy Police is Eric J. Merritt, 20, of 4070 Rose Road, Batavia. Merritt is the man suspected of trying to sell marijuana to two people in a parking lot on Lake Street on Jan. 23.

One of those people is reportedly 16 years old, so Merritt has been charged with endangering the welfare of a child. No other charges were announced by the Le Roy Police Department tonight.

James J. Santiago Jr., 30, of 31 Myrtle St., Le Roy, is accused of stealing the marijuana. Santiago turned himself into police yesterday.

After Santiago allegedly stole the marijuana, the alleged dealer brought friends in from Batavia to confront Santiago at his home at on Myrtle Street. In the ensuing fight, three people, including Ronald G. Carney, 21, of Corfu were injured. All three were hospitalized. Carney has been charged with burglary.

As many as nine people participated in the fracas -- allegedly Santiago and two friends as well as the suspects Merritt and Carney plus four of their friends.

Besides Merritt, Carney and Santiago no other arrests have been made yet.

The Le Roy Police Department arrested warrant suspect James J. Santiago Jr., of 31 Myrtle St., Le Roy, after he turned himself into the Le Roy Police Department accompanied by his attorney.

The arrest stems from the intensive investigation into the disturbance which occurred Jan. 23 at his address in the village in which three persons were sent to the hospital for knife wounds to the arm, neck and chest, respectively.

The police were able to determine that this disturbance was the result of an alleged robbery of two ounces of marijuana.

It is alleged that between 10 p.m. and midnight Friday, Jan. 22, people from Le Roy, including Santiago, ordered two ounces of marijuana from a person in Batavia. The marijuana was delivered and the deal was to take place in a local parking lot. During the transaction, the marijuana was allegedly forcibly stolen by Santiago who then left the area.

The person who brought the marijuana called others from Batavia notifying them of the robbery at which time six people drove to Le Roy to attempt to get the marijuana back.

The group arrived in Le Roy and walked to Santiago's residence where they allegedly confronted Santiago demanding the return of the marijuana. When he refused, an alleged violent physical altercation occurred involving a knife and golf clubs. Afterwards, the group fled the area without the marijuana.

Santiago is being charged with one count of robbery 3rd (forcible stealing of the marijuana), assault 2nd (assault with a weapon) and criminal possession of a weapon 3rd (possession of a weapon with intent to use against another and having been previously convicted of a crime). All charges are Class D-Felonies. Santiago was arraigned before the Hon. Charles Dusen of the Town of Le Roy Court and committed to the Genesee County Jail without bail.

The Le Roy Police were assisted in this investigation by the Genesee County Sheriff’s Department, the Genesee County Drug Task Force, the New York State Police and the Genesee County District Attorney’s office.

Wanted by the Genesee County Sheriff's Office for an alleged violation of probation: Christopher A. Laird.

Laird was placed on probation following a charge of burglary 2nd. He has reportedly failed to comply with the terms of his probation.

Laird frequents the Village of LeRoy and the City of Batavia. 

Warrant Officer Eric Olson asks that people with information on the whereabouts of Laird call 911.

A Le Roy man allegedly stole marijuana from a suspected drug dealer, who then brought friends back from Batavia, leading to a fight at 31 Myrtle St., Le Roy, on Jan. 23.

Sought in connection with the fight is James J. Santiago Jr., 30, of 31 Myrtle St., Le Roy. The arrest warrant charges him with robbery 3rd (stealing the marijuana), assault 2nd and criminal possession of a weapon 3rd. (Santiago is pictured left.)

Already in custody is Ronald G. Carney, 21, of 1990 Genesee Street Road, Corfu. Carney, who reportedly suffered a three-inch cut to his neck in the fight, is charged with burglary 2nd. Carney is accused of entering Santiago's home with the intent to commit a crime. He was jailed on $1,000 bail. (Carney is pictured below.)

According to Le Roy Police Det. John Condidorio, two Le Roy residents ordered two ounces of marijuana from a dealer in Batavia. The deal was to take place around 10 p.m. in a parking lot on Lake Street. As the deal went down, Santiago allegedly stole the marijuana and fled with two other men.

The person who had the marijuana stolen called friends in Batavia. He then returned to Batavia and met up with five other people, and all six reportedly returned to Le Roy with the intent of recovering the marijuana.

The six individuals arrived in Le Roy and walked into Santiago's home and reportedly confronted Santiago. Santiago allegedly refused to return the marijuana, and the confrontation reportedly became physical.

Police say the weapons used in the fight included a knife and golf clubs.

There were initially reports of shots fired, but Le Roy Police have been unable to corroborate the use of a gun in the incident.

A total of nine people were involved in the alleged melee.

The six people who attempted to retrieve the marijuana fled the scene without it, according to police.

A total of three people, including Carney, suffered knife cuts and were treated and released at area hospitals, according to police.

The investigation is continuing and further arrests are pending.

The Le Roy Police are seeking the public's help in locating Santiago.

Le Roy Fire responded to 8 Garden Lane, Le Roy for the report of a garbage can on fire.

A first responder reports the fire is out, but it did some damage to the house.

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"Fulge and Giesy" doesn't quite have the poetic ring of "Bonnie and Clyde," but the Rochester couple are allegedly partners in crime.

The duo was reportedly caught in the act this afternoon of allegedly burglarizing a home on Griswold Circle in Le Roy.

Operating on a tip from the Monroe County Sheriff's Department, members of the Genesee County Sheriff's Office, the Le Roy Police Department and the Genesee County Local Drug Enforcement Task Force were quickly on scene at 2:50 p.m. after Benjimin Giesy, 31, allegedly entered the a home at 7878 Griswald Circle.

Lindsey M. Fulge, 27, reportedly sat in the getaway car waiting for Giesy.

Giesy had allegedly broken down the front door of the house to gain entry and had already allegedly stolen jewelry, silver and coins from the residence.

When law enforcement officers arrived, they took Fulge in custody first and then entered the house to apprehend Giesy.

Giesy reportedly tried escaping by jumping from a first-floor window. He was quickly apprehended without further incident.

Fulge and GIesy were also allegedly found in possession of a small amount of heroin, hypodermic needles and marijuana.

Both were charged with burglary 2nd, grand larceny 4th, criminal mischief 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana.

Monroe investigators have been working on a string of burglaries involving Rochester residents hitting Genesee, Ontario and Wyoming counties.

All items allegedly taken from today's burglary were recovered.

Fulge's bail was set at $50,000 and bail for Giesy is $100,000.

An alleged would-be burglar has just been busted on Griswold Road.

Law enforcement (probably Sheriff's Deputies and State Troopers) officers on scene were setting up to take the suspect while he was still in the house.

A female was reportedly waiting in a car outside the house.

It's unclear how law enforcement became aware of the burglary in progress. Several units responded to the scene.

The owner was not apparently home and officials did not have contact information for him.

UPDATE: While the initial call said "Griswold Road," it was actually Griswold Circle in Le Roy. You can read the arrest report here.

Todd James Pangrazio, 34, of 8032 E. Main Road, Le Roy, is charged with coercion 1st, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Pangrazio allegedly got into a fight with his girlfriend and "instilled fear in her," and damaged her mobile phone, preventing her from calling for help. He also allegedly had physical contact with her and two children under age 17. The case was investigated by Deputy Frank Bordonaro.

Eslie James Worthington III, 20, of 2609 Batavia-Oakfield Townline Road, is charged with harassment 2nd. Worthington is accused of striking another person in the face at about 2 a.m. on Dec. 20. (Worthington was also involved in a one-vehicle accident Dec. 27 in which he suffered a head injury.)

A 17-year-old boy from Oakfield has been charged with forcible touch. The alleged incident occurred in December. He is accused of inappropriately touching a female who was at his residence. The case was investigated by Kristopher Kautz.

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

Le Roy police are continuing to investigate a possible fight in the area of 31 Myrtle Street early Saturday morning.

The initial reports of the 1:15 a.m. incident indicated there may have been shots fired, but none of the three men injured in the fracas suffered gunshot wounds.

The alleged fight seems to have involved five or six young men.

All three men who were injured were cut by a sharp object. One man was cut in the chest and treated at UMMC. Two other men were treated at Strong Memorial Hospital, one for a neck wound and the other for an arm wound.

No names have been released and no arrests have been reported.

Det. John Condidorio said in a statement:

As of this time it has been determined that there were two groups involved in an altercation in the area of 31 Myrtle Street, however the investigation is continuing to attempt to determine what actually transpired and no further information is available for release at this time.

The Le Roy Police Department is being assisted in the investigation by the Genesee County Sheriff’s Department, Genesee County Drug Task Force, New York State Police and the Genesee County District Attorney’s Office.

Anyone having any information relating to this investigation is encouraged to contact the Village of Le Roy Police Department.

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Le Roy Fire is being dispatched to 11 Mill St. for the report of a sparking and smoking dryer at the dry cleaners at that location.

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There was apparently a report of shots fired on or around Clay Street in Le Roy last night -- according to readers who contacted The Batavian -- at about 1:30 a.m.

Chief Chris Hayward of the Le Roy Police Department responded to our request for more information with this message: "We are currently conducting an investigation but at this point I have no further comment."

In a follow up e-mail, Chief Hayward confirmed that two people were taken to the hospital, but they did not have gunshot wounds.

"Can't tell you a lot at this point because we are getting different stories," Hayward wrote.

UPDATE 4:21 p.m.: Det. John Condidorio issued the following statement on behalf of the Le Roy Police Department:

On 01/23/2010 at about 1:15 A.M., The LeRoy Police Department received a report of a disturbance or break-in at a residence in the Village. Subsequently three persons required medical assistance and were sent to the hospital for treatment. Two of the three have been released and the status of the third is unknown.

The final two defendants suspected of taking part in a meth lab operation at 28 Clay St., Le Roy, have gotten their get-out-jail-free cards.

Christopher J. Elmore and Koree R. Stephenson appeared in court this afternoon and Judge Robert C. Noonan granted First Assistant District Attorney David Gann's request to release both pending dismissal of the State charges against them by a lower court.

Like their three other co-defendants, Elmore and Stephenson are facing Federal drug charges and will be on supervised release under Federal jurisdiction. Elmore is also facing charges out of Le Roy for allegedly passing fake $10 bills. No bail had been set in that case, and it was not a factor in today's short hearing.

Bail had originally been set at $75,000 on all five defendants. The original state charge against all five was criminal possession of a controlled substance 2nd.

Yesterday afternoon Kari L. Riggi was released in the afternoon and Nathan D. Bernard was granted release in the morning on the State drug charges, though he's still serving a 90-day sentence on another charge. Joshua A. Miller, who appeared in court with his attorney, was already free pending trial but under a noon to 8 a.m. home curfew, which only allows him time to go to work.

At the federal level, all five are charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore also faces an enhanced weapons charge.

NOTE: This post confirms what we first reported yesterday that all five were due for release and that local charges are in the process of being dismissed.

(Billie Owens contributed to this story.)

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

A former Le Roy Fire Department chief was sentenced this afternoon to 90 days in jail and five years probation for misappropriating public funds in 2006. He must also pay fees and fines totaling more than $2,500, plus adhere to a number of other stipulations.

Stephen C. Smith appeared in Genesee County Court wearing white sneakers, black slacks, a light gray sweater and shirt, with bandages on his right hand. He offered no comment when Judge Robert Noonan asked him if he had anything to say for himself.

Smith pled guilty in mid-October to forgery in the second degree.

He served as Le Roy's fire chief from 2004-08, and four more as an assistant chief.

"You certainly should be ashamed for what's brought you here today," Noonan told Smith, while acknowleging that part of Smith's punishment has already been self-inflicted.

"It's a blow to remove you from something you've long been associated with," Noonan said.

Genesee County Justice will supervise Smith's probation. He must provide a DNA sample and pay a $50 fee to be registered in the criminal DNA database. He can drink no alcohol and must submit to random testing. He must get a substance-abuse evaluation and write a letter of apology to those affected by his actions. He cannot associate with scofflaws and convicts.

Smith's Attorney Thomas Burns' asked that his client be allowed to pay his restitution at a rate of $50 a month, and Noonan agreed. The judge also agreed to a jail sentence of 90 days, instead of the six months sought by the Prosecutor Kevin Finnell.

Smith will serve the sentence at a rate of 48-hours weekly, from 10 a.m. Mondays until 10 a.m. Wednesdays.

Five people arrested in early December in connection with a suspected methamphetamine lab at 28 Clay St., Le Roy, now face federal charges as well.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arraigned in Federal Court in Buffalo on a charge of conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug-trafficking crime.

Besides the Genesee County charges resulting from the meth lab raid Dec. 10, Elmore was accused a week later by Le Roy Police with passing fake $10 bills.

Also charged were manufacturing and distribution were:

• Kari L. Riggi, 21, of 28 Clay St.
• Koree R. Stephenson, 22, 6539 Dodson Road, Wyoming
• Nathan D. Bernard, 21, 28 Clay St.
• Joshua A. Miller, 20, 51 Myrtle St.

None of those four defendants face the additional weapons charge, which is an enhancement that can lead to more time in a federal penitentiary.

Elmore, Stephenson, Riggi and Bernard remained jailed in Genesee County on $75,000 bail.

Miller is out of jail under the supervision of Genesee County Justice.

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

Seven months into her pregnancy, a Caledonia woman who admitted to stealing jewelry and guns from a Le Roy Home this summer, has been released from jail until after the birth of her baby.

Nicole L. Green, 23, was scheduled for sentencing today on her burglary 2nd conviction, but Judge Robert C. Noonan delayed sentencing and released Green to the care and custody of her parents for the final months of her pregnancy.

"I'm counting on your parents who I assume have the same concern for your baby as I do, and that if you violate any the terms of your release, you be taken away from your baby for a very long time," Noonan said.

Green was jailed without bail in November following a reported violation of the terms of her release while awaiting sentencing on her conviction. Green reportedly failed a test for substance use.

The young woman, visibly pregnant and dressed in orange jail garb, agreed with Noonan repeatedly that her parents would ensure she obeyed the terms of her release.

Noonan called her parents to the bench and asked them both if they would ensure that she stayed in their house 24/7 and report any violation immediately to the court. They said they would.

If Green abides by the terms of her release, rather than a prison sentence, Noonan could release her on a lengthy probation term.