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Gypsies may be working a distraction scam in the area

By Howard B. Owens

A recent theft of cash, jewelry, and prescriptions from a home on Batavia Elba Townline Road and another attempted similar burglary on Indian Falls Road over the weekend has gotten the attention of the Sheriff's Office and Chief Deputy Jerome Brewster says local residents should be on the watch for Gypsy scammers in their neighborhoods.

In the Townline Road case, a dark-skinned man came to the front door of a 96-year-old resident and said he was there to investigate a problem with a telephone line behind the house.

When the resident and the visitor went behind the house, two other people, who had apparently been hiding in the car, entered the house and stole items.

In the case on Indian Falls Road, a person knocked on the door and said he was there to see about cutting down some trees behind the house.  Somehow, he talked the resident into walking behind the house. At which point, at least one person entered the residence. In that case, nothing was stolen.

In both cases, the visitors arrived in a white Kia. The Kia is missing a front plate and likely has an out-of-state back plate.

Brewster said the operation matches a well-known scam run by Gypsies who pass through the area occasionally. He said they are most likely staying at a motel in a neighboring county. They don't usually stay in the county where they are conducting their scams.

They will approach residents, usually elderly residents, with any number of stories to try and talk the resident into walking to the back of the house so confederates can enter the residence and make off with whatever valuables they can easily grab.

While there have been no reports of similar crimes in the city, he said city residents should be vigilant for people who try to talk their way into basements.

He said he isn't sure how the Gypsies select their victims -- whether they case neighborhoods beforehand to identify elderly residents or if they acquire names and addresses online.

Brewster said residents who observe suspicious activity at a neighbor's house, such as one person going to the door and then going into the backyard, followed by two more people getting out of a car and entering the front door -- call the police.

Law and Order: Man accused of stealing money from lost wallet

By Howard B. Owens

Matthew J. Hyland, 38, of Canandaigua, is charged with petit larceny. Hyland was arrested following an investigation by a trooper into the theft of $103 from a wallet that had been accidentally left on a counter by a customer at the TA Travel Center in Pembroke. The customer reported returning for the wallet and finding $103 had been removed from the wallet. The trooper used video surveillance to help identify Hyland as a suspect. According to State Police, Hyland admitted to the larceny and stated he wanted to return the money to the owner. Hyland turned himself in to State Police at the Batavia Barracks.

      Adam Arsenault

Adam J. Arsenault, 32, of Hutchins Street, Batavia, is charged with menacing a police officer, resisting arrest, and criminal possession of a weapon. Arsenault allegedly brandished a knife at police officers who were attempting to arrest him on a warrant. He was jailed without bail.

Scott David Beswick, 44, of Pratt Road, Batavia, is charged with criminal contempt. Beswick is accused of consuming alcohol at his residence in violation of a court order of protection.

Nathan Robert Arnold, 26, of Terry Street, Byron, is charged with criminal obstruction of breathing. Arnold allegedly obstructed the breathing of another man while engaged in a fight at 7:35 p.m. Wednesday at a location on Terry Street, Bryon.

Bleyke Z. Culver, 21, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to comply with court-ordered programs as part of his sentencing on a conviction. He jailed on $1,000 bail or $2,000 bond.

Latiqua S. Jackson, 24, of East Main Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Jackson was arrested on a warrant. Jackson is accused of pawning, trading or selling stolen property and that she was aided by at least one other person. She was jailed on $2,500 bail.

Luis Alberto Ramos-Mercado, 33, of South Main Street, Batavia, is charged with criminal trespass, 2nd. Ramos-Mercado is accused of entering another person's dwelling through a window without that person's knowledge or permission.

Edward R. Loper, 30, of West Main Street, Batavia, is charged with criminal possession of stolen property, 5th. Loper was arrested on a warrant while incarcerated in the Genesee County Jail on unrelated charges.

Nathen Edward-Donald Brege, 25, of Alleghany Road, Basom, was arrested on a warrant for alleged failure to appear for sentencing on a resisting arrest charge. He was jailed on $2,500 bail.

Matthew J. Florian, 29, of Slusser Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Florian was stopped at 11:18 p.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Law and Order: Batavia man accused of assault, resisting arrest after Central Avenue incident

By Howard B. Owens
Woodrow Horseman

Woodrow C. Horseman, 42, no permanent address, Batavia, is charged with attempted assault, 2nd, obstructing governmental administration, 2nd, resisting arrest, and harassment, 2nd. Horseman was arrested after police responded to a report of a disturbance on Central Avenue at 11:38 p.m. May 23. Horseman was accused of punching another person in the back of the head with a closed fist while that person was assisting in the arrest of another person. Horseman was ordered held without bail.

Shaqueita L. Irvin, 26, of East Main Street, Batavia, is charged with disorderly conduct and resisting arrest. Irvin was charged after police responded to a complaint of a disturbance on Central Avenue at 11:38 p.m. May 23. She was jailed on $2,500 bail.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with disorderly conduct. Aiken was arrested after police responded to a report of a disturbance at 11:40 p.m., May 24, on Central Avenue. Aiken was jailed on $1,000 bail.

Lamont C. Crimes, 42, of North Street, Batavia, is charged with assault, 1st. Crimes is accused of stabbing another person with a knife during a fight at 4:30 p.m. Monday at a location on Church Street, Elba. 

Holly Marie Squires, 32, of West Bank Street, Albion, is charged with robbery, 2nd, and assault, 3rd. Squires allegedly stole money while being aided by another person and caused injury to the victim. Squires was jailed on $5,000 bail or $10,000 bond.

Jessica L. DeRidder, 30, of State Street, Batavia, is charged with grand larceny, 4th. DeRidder is accused of stealing the money of another tenant of a residence on State Street, by keeping rent money for herself instead of paying the landlord.

Jordan S. Thomas, 19, of East Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Thomas was allegedly found in possession of a bicycle that had been reported stolen from outside Genesee County Probation on May 9. (Previously: Batavia man needs his bike back)

Walter B. Hale Jr., 40, of East Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, endangering the welfare of a child, and failure to stop at a stop sign. Hale was stopped at 8:33 p.m. May 15 on Summit Street, by officers Christopher Lindsay and Chad Richards. Hale is accused of having a passenger on his motorcycle less than 16 years old.

Trametrias L. Scott, 40, of Rochester, is charged with felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, failure to stop at stop sign, driving without stop lamps, uninspected motor vehicle, and circumventing interlock device. Scott was stopped at 8:45 p.m. Sunday on Route 33, Begen, by State Police. A trooper reported detecting the odor of alcohol after a traffic stop at Route 33 and Apple Tree Road, Bergen. Scott is accused of failing a field sobriety test. Her breath sample was allegedly .24 BAC. She was jailed on $2,500 cash or $5,000 bond.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with driving while impaired by drugs, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, driving while using a mobile device, and blocking a highway. Chavez is accused of stopping his vehicle without moving at West Main and Oak streets, Batavia, through four cycles of the traffic light. He was allegedly on his mobile phone. Officers Jason Ivison and Kevin DeFelice responded to the complaint.

Alexander H. Koch, 23, of Buffalo, is charged with DWI, failure to yield at an intersection, and failure to notify DMV of an address change. Koch was stopped by State Police after he allegedly turned from Snipery Road onto Route 33 in the Town of Pembroke and failed to yield to a trooper's patrol car, which had the right of way at 12:38 a.m. Sunday. Troopers say Koch failed a field sobriety test.

Joshua R. Nanni, 24, of Oakfield, is charged with driving while impaired by drugs, unsafe turn, and driving left of pavement markings. State Police responded to the Town of Pembroke at 10:40 p.m. May 22 for a report of a vehicle unable to maintain its lane. A trooper stopped Nanni after observing his vehicle allegedly engage in several traffic violations. The trooper reportedly detected the odor of alcohol and observed the driver's eyes were glassy.  Nanni allegedly failed a field sobriety test. A drug recognition expert also assisted in the investigation and Nanni provided a blood sample.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with harassment, 2nd. Nathan was allegedly involved in an argument on Watson Street, Batavia, at 6:54 p.m. Saturday. Nathan is accused of throwing a styrofoam cup at another person.

Amber L. LaRock, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. LaRock was arrested in connection with an incident on Lewis Place reported at 6:15 p.m. Wednesday.

Travis L. Ettinger, 30, of West Avenue, Albion, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and speeding. Ettinger was stopped on Pearl Street, Batavia, at 11:19 a.m. Saturday by Officer Mitchell Cowen.

Heather D. Wendt, 32, of Holland Avenue, Batavia, is charged with endangering the welfare of a child. Wendt was charged after a child was found unattended at 12:54 p.m. May 17 on Holland Avenue, Batavia.

Donna M. Fidanza, 48, of State Street, Batavia, is charged with criminal possession of stolen property, 5th, and conspiracy, 6th. Fidanza was charged following an investigation into the left of property from a residence on East Main Street at 11:45 a.m. March 26.

Jonathan D. Wilson Jr., 36, of Buell Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Wilson was reportedly involved in a minor motor-vehicle accident at 4:46 a.m. May 20 on East Main Street, Batavia. The accident was investigated by Officer Frank Klimjack.

Korbin R. Ground, 20, of Crittenden Road, Akron, is charged with unlawful possession of marijuana and criminal use of drug paraphernalia, 2nd. Ground was allegedly found in possession of marijuana and drug paraphernalia at 9:46 p.m. May 22 on North Street, Batavia, by officers Jason Davis and Christopher Lindsay.

Joseph A. Kliszak, 19, of Meadow Drive, Alden, is charged with unlawful possession of marijuana. Kliszak was allegedly found in possession of marijuana at 11:27 p.m. May 22 at a location on North Street, Batavia, by Officer Jason Davis.

Eric J. Bratcher, 29, of Swan Street, Batavia, is charged with obstructing governmental administration, 2nd. Bratcher allegedly failed to obey an officer's commands during an investigation of a domestic incident on Pringle Avenue at 12:52 a.m. Wednesday.

James Michael Young, 54, of Thomas Avenue, Batavia, is charged with criminal obstruction of breathing and unauthorized use of a vehicle, 3rd. Young allegedly choked the victim after she confronted him about not returning a vehicle.

William Ransom Dieter Jr., 44, of Bennett Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Dieter was stopped at 2:55 a.m. Saturday on Main Road, Pembroke, by Deputy Mathew Clor.

Christopher M. Dilaura, 38, of Batavia, is charged with DWI, refusal to take breath test, moving from lane unsafely, and drinking alcohol in a motor vehicle. Dilaura was stopped by State Police at 5:25 p.m. Saturday on West Main Street, Batavia.

An 18-year-old from Batavia and Tricia M. Martinez, 25, of Batavia, are charged with petit larceny. The two people are accused of stealing in the Town of Pembroke at 12:16 p.m. Friday. They were arrested by State Police. No further details released.

Pembroke eliminated from sectionals in game at Dwyer Stadium

By Howard B. Owens

Avon came into Dwyer Stadium on Thursday and crushed Pembroke's dreams of advancing to the championship game for the Class Class C1 Section V championship.

Avon scored 13 runs and held Pembroke to one.

Also on Thursday, Bolivar beat Notre Dame 4-0 in the Class D1 semifinal.

In the Class A2 semifinal, Batavia dominated Aquinas for a convincing 10-5 win to advance to the championship game at 1 p.m., Saturday, against Wayne in Colburn.

Law and Order: Porter Avenue resident accused of possessing more than two ounces of marijuana

By Howard B. Owens

Richard T. Fleig, 38, of Porter Avenue, Batavia, is charged with criminal possession of marijuana, 4th. As the result of an investigation by the Local Drug Task Force on Feb. 17, Fleig was allegedly found in possession of more than two ounces of marijuana. Sgt. Matthew Lutey and Officer Chad Richards assisted in the investigation.

Michael J. Smith, 70, of Le Roy, is charged with felony aggravated unlicensed operation, 1st, aggravated unlicensed operation, 3rd, driving while ability impaired by alcohol, failure to surrender suspended driver's license, and failure to keep right. Smith was stopped by Sgt. Colin Reagan, Wyoming County Sheriff's Office, in the Town of Warsaw, for alleged failure to maintain lane. He allegedly failed a field sobriety test. He reportedly has a pending felony DWI charge in Genesee County. He was jailed on $1,000 bail or $2,000 bond.

Edward Dexter McDonald III, 28, of West Main Street, Le Roy, is charged with two counts of harassment, 2nd, and trespass. McDonald was allegedly involved in a fight with two people on private property on Rose Road at 9:39 p.m. Sunday.

Joshua R. Nanni, 24, of Oakfield, is charged with driving while impaired by drugs, 1st, driving left of pavement markings, and unsafe turn. Nanni was stopped by State Police in Pembroke at 10:40 p.m., Tuesday.

Cathi A. Adams, 48, of Bergen, is charged with DWI. Adams was stopped by State Police on Swamp Road at 9:17 p.m. Monday.

Pembroke advance in playoffs in baseball

By Howard B. Owens

Submitted photo.

The Pembroke Dragons have advanced to the semifinals of the Class C1 sectionals in baseball after beating Sodus yesterday 15-5. Zach von Kramer picked up the win.

There are three local baseball games today:

  • Batavia plays Leadership Academy at 5 p.m. at Dwyer Stadium.
  • Notre Dame has a sectional playoff game at 7:30 p.m. at Dwyer Stadium.
  • Oakfield-Alabama plays Campbell-Savona at 5 p.m. in Hornell.

Law and Order: Man who fell off cliff in Le Roy charged with trespass

By Howard B. Owens

Joshua Francis Zalar, 20, of School Street, Le Roy, and Alexander R. Dunn, 22, of Warsaw Road, Le Roy, are charged with trespass. Zalar and Dunn are accused of trespassing on Hanson Aggregates property in the area of Circular Hill Road, Le Roy. Zalar fell off a cliff and required rescue by the Le Roy Fire Department. He reportedly suffered a foot injury. No information has yet been released on why Zalar and Dunn were in the area of the gravel pits at 12:18 a.m. (Initial Report)

Michael Joseph Mawn, 55, of Roosevelt Highway, Hamlin, is charged with DWI, driving while ability impaired by alcohol, speeding, and aggravated unlicensed operation, 1st. Mawn was stopped at 5:57 a.m. Monday on Route 33, Stafford, by Deputy Joshua Brabon.

Paula Deborah Bennett, 34, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from lane unsafely. Bennett was stopped at 2:32 a.m. Wednesday on Lake Street Road, Le Roy, by Deputy Mathew Clor.

Christina R. Armstrong, 32, of Main Road, Pembroke, is charged with petit larceny. Armstrong is accused of stealing from her employer, an undisclosed business at 412 E. Main St., Batavia (the Masse Plaza).

Rae C. Cook, 29, of Central Avenue, Batavia, is charged with criminal possession of stolen property, 5th, conspiracy, 6th, and resisting arrest. Cook was arrested following an investigation into the theft of items from a residence on East Main Street, Batavia.

Booker T. Ricks, 46, of Prune Street, Batavia, is charged with dog running at large. Ricks' dog allegedly attacked a dog in another yard that was properly leashed.

Sean M. Keem, 37, of Joseph Street, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Keem was stopped at 8:19 p.m. May 9 on Ross Street, Batavia, by Officer Darryle Streeter.

Tyshon L. Taylor, of Morse Place, Batavia, is charged with menacing, 3rd. Taylor allegedly made comments to a person that he intended to kill that person. He then allegedly made a motion like he was going to hit that person but was stopped by a bystander. He was jailed on $2,500 bail.

Nicholas D. Culver, 22, of Batavia Stafford Townline Road, is charged with petit larceny. An 18-year-old (name not released) resident of Batavia Stafford Townline Road was charged with conspiracy, 4th. The two men were arrested by State Police for an incident reported at 11 a.m. Wednesday. No further details released.

Grand Jury: Woman indicted for allegedly starting fire that damaged motorcycle and shed in Pembroke

By Billie Owens

Jacqueline M. Saeli is indicted for the crime of third-degree arson. It is alleged that on Jan. 6 she intentionally damaged a building and a motor vehicle -- a shed on property on North Lake Road, in the Town of Pembroke, which contained a 2008 Harley-Davidson motorcycle. She allegedly did so by starting a fire or causing an explosion.

Nicholas G. Williams is indicted for the crime of burglary in the third degree, a Class D felony. It is alleged that on Dec. 30 he knowingly entered unlawfully into a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of second-degree criminal content, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other court mandate. In count three, Williams is indicted for the crime of resisting arrest, also a Class A misdemeanor, because he allegedly intentionally prevented or attempted to prevent an officer from arresting himself or another person.

Dartanyan A. Robinson is indicted for the crime of driving while ability impaired by drugs, as a Class D felony. It is alleged that on March 30 that he drove a 2004 Land Rover in the Town of Batavia on the eastbound state Thruway while his ability to do so was impaired by drugs. It count two, he is accused of the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. In count three, the defendant is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Robinson knew, or had reason to know, that his driver's license had been suspended or revoked for driving under the influence of alcohol or a drug when he drove the Land Rover on May 30. In count four, Robinson is accused again of first-degree aggravated unlicensed operation. It is alleged in count four that the defendant knew, or had reason to know, that his driving privilege had been suspended or revoked by the commissioner for refusals on multiple occasions to submit to a chemical test: on May 27, 1998; May 26, 2000; March 2, 2009; and Nov. 12, 2013. In count five, he is accused of speeding on March 30 in the Town of Batavia. In count six, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count six that on March 30, the 2004 Land Rover he was driving was not equipped with an ignition interlock device, which he was required to have. In Special Information filed by the District Attorney, Robinson is accused of having been convicted: of the crime of DWI, as a Class E felony, on Oct. 31, 2000 in County of Niagara Court; of the crime of DWI as a misdemeanor on Feb. 21, 2013 in County of Niagara Court; and of DWI, as a Class E felony, on Dec. 15, 2014, in Monroe County Court. These three prior convictions form the basis for the suspensions or revocations referenced in count three of the current indictment; and the latter two convictions form the basis for the felony charges in counts one and two of the current indictment.

Jerome W. Amesbury is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on Jan. 26 in the Town of Bergen that Amesbury -- knowing he did not have the owner's consent -- took, operated, rode in or otherwise used a 2002 Buick Rendezvous.

Law and Order: Second suspect arrested in liquor store burglaries

By Howard B. Owens
        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

School Board Candidate Questions: John Cima, Pembroke

By Howard B. Owens

The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires.  

This is the response from John Cima, the candidate lone in the Pembroke Central School District.

1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?

The Board voted unanimously to approve the proposed budget and we collectively support every part of it. We have had many discussions during the school year where we analyze budget items as a corporate body and made decisions based on that data. All board members are heard and we talk through any sticking points and concerns to reach consensus as a group. The proposed budget being presented to voters is one that all board members support without reservation. 

2. Are teachers in your district compensated adequately?

Collectively, I believe if you ask our teachers, they will tell you that Pembroke is a special place to work! As long as I have been serving on the Board we have looked at the District as a school district of opportunity for both students and staff. Being a rural school district we sometimes find ourselves having to do more with fewer resources than wealthier districts. Our teachers have risen to the occasion with creativity and a strong resolve. Our Board, I believe has done the same. While our teachers are not compensated as much as our neighbors in Erie County, we have worked hard to offer competitive salaries, and we are extremely pleased with the academic and extra-curricular achievements they have accomplished with our students.

3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?

Safety and security are paramount and communication to parents is ongoing. When threats of violence occur, our school officials work closely with local law enforcement to determine the best course of action, including communications to parents, on a case-by-case basis depending on the circumstances.

4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

Yes. I hope that parents trust in the policies the Board has put in place to ensure open lines of communication when they have a complaint or concern. Sometimes parents are just looking for direction. I believe our Board has developed a policy that allows for open and honest dialog along with a proper chain of command. In most cases, this has led to the de-escalation of situations and rational solutions being agreed upon by all parties.

5. What two books published since The Enlightenment have influenced you the most?

I have read a lot of books and it would be too difficult to choose which two have influenced me the most. However, if you were to ask me why I wish to continue serving on the Pembroke Board of Education I will tell you that I have been influenced by a school district and community that is open to exploring OPPORTUNITY. Our students deserve the best that we can provide when it comes to their respective educations. Our role as a school board is to set policy that ensures that this happens in the most cost-effective, efficient, resourceful, and creative way as possible. 

All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

By Howard B. Owens

      Deputy Ryan Young

By the time Deputy Ryan Young arrived at the Log Cabin Restaurant in Indian Falls at 11 p.m. on April 11, he knew a customer had caused a disturbance in the restaurant and that the customer had fired at least two shots from a firearm.

As Young and other deputies arrived in the parking lot that Wednesday night, they heard another shot being fired.

Keith Kent, a 61-year-old logging company owner from Albion, spotted by deputies in the parking lot carrying a handgun, did not respond to verbal commands to drop his weapon.

At a press conference today about the shooting, First Assistant District Attorney Melissa Cianfrini said, "He began to advance in the direction of Deputy Young, raising and ultimately pointing his revolver at Deputy Young. Deputy Young fired several rounds and Mr. Kent was shot."

Kent was hit in his neck and grazed by a bullet across his back. He was pronounced dead at the scene.

Following a month-long investigation by State Police -- that District Attorney Lawrence Friedman characterized as "thorough" -- a Grand Jury reviewed the evidence and returned what is known as a "no bill," which means the Grand Jury found no reason to charge Young with a crime.

Friedman said the Grand Jury ruled the shooting was justified.

While Friedman and Cianfrini are prohibited by law from discussing anything that happened during the Grand Jury hearing, they are free to discuss what the State Police investigation uncovered.

The narrative of events starts with Kent trying to talk with a woman at the bar of the Log Cabin.

"He was talking with the woman at the bar and she was not receptive, I guess you might say, to what he was saying to her," Friedman said. "He was asked to leave her alone and ultimately was asked to leave the bar and was removed from the bar under protest."

After he went outside, either patrons or employees or both continued to observe him as he walked to his truck.

By this time, a person at the Log Cabin had already called 9-1-1 and remained on the phone with an emergency dispatcher providing updates as "the situation quickly escalated," as Cianfrini put it.

Investigators were not able to determine if Kent retrieved a revolver from the truck or if he already had it on him when he left the bar. He was a valid permit holder for the revolver, Cianfrini said.

After reaching his truck, he started to walk back to the bar and fired two shots into the air.

"Patrons at the restaurant and employees went down into a basement and began to arm themselves with materials in the basement while hiding," Cianfrini said. "Mr. Kent did re-enter the restaurant and threats were made."

There is no evidence that Kent fired his revolver while inside the restaurant.

He walked back outside.

"He was given multiple directives by sheriff's deputies to drop his weapon," Cianfrini said. "He did not comply with those directives."

Young was armed with his duty AR-15. As Kent pointed his revolver at Young -- who was 50 to 80 feet away from Kent -- the deputy fired 15 shots, which did not empty his magazine, Cianfrini said.

No other deputies fired their weapons during the incident.

"I believe that the reason why other deputies may not have discharged their firearms was because of the concern that there may have been patrons in the restaurant area," Cianfrini said. "They weren't fully aware where the patrons or employees in the restaurant were, and so under their standing orders, they were not in a position where they could safely discharge their firearms."

The narrative of events was established by witness statements, body camera recordings, 9-1-1 recordings, and the available forensic evidence.

"What I can tell you about the body-worn camera footage is that this incident took place during the night," Cianfrini said. "It was dark. There was limited lighting. There were no body-worn camera recordings that directly caught the incident."

Friedman said, however, the recordings were useful to the investigation, especially the audio portions of the recordings.

Asked if Kent made any statements before being shot, Friedman said he doesn't believe he did.

Friedman expressed confidence that the shooting was justified.

"I would say, in addition, that throughout this very thorough investigation, interviewing of everyone who was there, there was never the slightest hint that would indicate that this was anything other than justified."

Previously:

Large pallet fire reported at Ed Arnold Scrap

By Howard B. Owens

A "very large fire, larger than we had before," according to the East Pembroke fire chief, is reported at Edward Arnold Scrap Processors Inc., 2216 Angling Road, Corfu.

East Pembroke fire along with Corfu, Indian Falls, and Town of Batavia are dispatched in a second alarm.

UPDATE(S)(By Billie) 5:54 p.m.: Oakfield Fire Police are requested to shut down traffic at Angling Road and West Avenue.

UPDATE 5:57 p.m.: A reader sent in this photo above of the huge plume of smoke that is visible from Galloway Road.

UPDATE 5:59 p.m.: Per command, all firefighters responding are told this fire is to be fought defensively.

UPDATE 6:09 p.m.: All available manpower from Town of Batavia Fire Department is requested to stand by in quarters.

UPDATE 6:12 p.m.: Tankers are requested to the scene from Elba, Alexander and Alabama.

UPDATE 6:18 p.m.: Mercy medic #1 is asked to stand by in East Pembroke Fire Hall.

UPDATE 6:28 p.m.: All available manpower, including EMS, from Corfu called to stand by in quarters.

UPDATE 6:48 p.m.: Although smoke spewing from the scene is roughly half what it was, firefighters are having some difficulty fighting the blaze. Storage trailers that are stationed along an access road are preventing firefighting apparatus from reaching the north corner of the site.

UPDATE 10:08 p.m.: East Pembroke is back in service.

UPDATE 10:21 p.m.: Fire photos:

Here's another reader-submitted photo, taken from Stannard Road, Alexander.

Mercy Flight dispatched to East Pembroke for man who fell from silo

By Howard B. Owens

A man inside outside a silo on West Main Street Road, Batavia has reportedly fallen approximately 40 feet and suffered a leg injury.

He is conscious and alert.

Mercy Flight #7 out of Batavia is in route.

East Pembroke fire and Mercy EMS on scene.

CORRECTION: The patient fell outside of the silo.

Law and Order: Man accused of burglary extradited from Tennesee

By Howard B. Owens

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

GC Prescription Drug Take Back Day is tomorrow

By Billie Owens

Press release:

From 10 a.m. to 2 p.m. on Saturday, April 28, Genesee County law enforcement agencies and the Drug Enforcement Administration will give the public an opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. 

Bring your pills for disposal to:

Pembroke Town Hall, Route 5 at Route 77 Pembroke

    -- received by Genesee County Sheriff’s Deputies

Batavia Police Department Headquarters, 10 W. Main St., Batavia

    – received by Batavia Police Officers

Le Roy Police Department Headquarters, 3 W. Main St., Le Roy

   – received by Le Roy Police Officers

Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. The service is free and anonymous; no questions asked.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse.

Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.

The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet.

In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety, health and environmental hazards.

Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

By Howard B. Owens
      Keith Kent

In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.

Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.

A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.

State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.

Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.

Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.

"I'm not holding back," Friedman said. "I have not decided which way we go between those options."

He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.

"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.

The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.

Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable. 

One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.

At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.

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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."

Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.  

"He's doing as well as expected under the circumstances," Walker told the county legislators.

Man shot at Indian Falls had history of feeling wronged by authorities but it's unclear if that contributed to incident

By Howard B. Owens

With police sharing few details, it's still not clear what led to a deadly confrontation between a 61-year-old Albion man and a Sheriff's deputy outside of the Log Cabin Restaurant last night.

According to sources, Keith Kent may have gotten into some type of argument after stopping at the restaurant for dinner while on his way home. The argument may have become physical and he may have been hit.

It's unclear what happened next, but a source said employees ushered themselves and customers into the basement once the disturbance started.

According to Undersheriff Gregory Walker, Kent was confronted by officers outside the restaurant at about 11 p.m. after receiving reports of shots fired. Walker said when officers first arrived on scene, Kent fired a shot. It's unknown what if anything he was aiming at. Officers, according to Walker, shouted commands at Kent but he did not obey them. When he turned toward a deputy and appeared to point his handgun at the deputy; the deputy fired at least one round that struck Kent and killed him.

Kent owned a logging business in Albion, Jordan River Logging, on Route 31A. According to news reports going back to the early 2000s, Kent was involved in disputes related to his business.

Orleans Hub reported today that Kent had complained in the past about how authorities handled his cases, including one where he was charged with felonies but a grand jury did not indict him following a hearing.

He was accused of taking far more trees than he was supposed to from a Barre woman. In an agreement, Kent was to take 40 trees but was accused of taking close to 200.

Kent, 61, complained to friends and neighbors, and in letters sent to newspapers, that he was wrongly prosecuted with the charges, hurting his reputation and business.

Kent also said his business was destroyed by the “Rutherford-Cain gang” from Niagara County, who were rival loggers. Kent in an email to the Orleans Hub on June 29, 2017, saying the two from Niagara County caused him “eight years of hell on earth, including vandalisms, thefts, arson and attempts on my life.”

According to a 2007 article in the Buffalo News, David Cain, then 38, was convicted in Federal Court of 17 felony charges, including racketeering, racketeering conspiracy, three extortions, two mail frauds, five arsons, three tamperings with witnesses, conspiracy to tamper with witnesses, and evidence tampering.

His brother, Christopher, and cousin, James Soha, were convicted of five felonies each, including racketeering.

David Cain was eventually sentenced to 55 years in federal prison.

In 2011, Kent sent a letter to several publications, including the Medina Journal-Register, accusing Orleans County District Attorney Joseph Cardone of using incidents stemming from the Cain criminal activity to "create" a crime against him, even though Kent has assisted in the prosecution of Cain.

He wrote:

Although the Grand Jury soundly rejected issuing an indictment for “timber theft,” through highly suspect means, a lesser indictment was obtained against me. Judge Punch swiftly ruled to dismiss all charges, stating, “... the evidence before the Grand Jury was legally insufficient.”

Adding,

What was your true motive, Cardone, had I not just handed you the key witnesses that gave you no alternative but to indict David Cain Jr., who was later sent to federal prison for 55 years? I had essentially rid Western New York of the worst gang of criminals in the last century after enduring a living hell at their hands. Until I brought you the witnesses and gave you no choice, I received no help at all from you. Was my arrest your attempt to destroy my name and all I’ve worked for because I embarrassed you into doing your job?

Kent sued Cardone and lost, with a court ruling that Cardone had "absolute immunity."

For Kent, the dispute seems to have remained unresolved, according to Orleans Hub:

Kent in his email to the Orleans Hub said he was terrorized for eight years while law enforcement did nothing to protect him or his family. He said he was treated “shamefully” by District Attorney Joe Cardone, the U.S. Attorney’s Office and the U.S. Marshals.

The Batavian's news partner 13WHAM was able to conduct a short phone interview with Keith Kent's older brother, Gary, who described Keith as a family man who loved his children. He had a wife, two adult children, and four grandchildren.

Previously:

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