pembroke

Brandon Marshall Weig, 27, of Glen Meadow Drive, Lakeland, Fla., is charged with two counts of second-degree aggravated sexual abuse, assault -- injury to a person less than 7 years old, and sex abuse -- involving a person less than 11 years old. Weig fled Genesee County and was subsequently located at a family member's residence in Florida. He was extradicted and arraigned this morning on the charges in front of Genesee County Court Judge Robert C. Noonan. Weig is jailed without bail. He also has a bench warrant out against him from Genesee County Integrated Domestic Violence Court for failure to appear for sentencing. The case was investigated by Genesee County Sheriff's Deputy John Baiocco, assisted by Deputy Thomas Sanfratello.

Brian Allen Erbach, 32, of Attica Gulf Road, Attica, is charged with three felonies: aggravated DWI (driving with a BAC of .18 percent or higher), aggravated DWI with a child age 17 or younger inside the vehicle (Leandra's Law), and DWI; plus endangering the welfare of a child (a misdemeanor), and two traffic infractions -- speed not reasonable or prudent for a curve in the roadway and moving from lane unsafely. After allegedly crashing the vehicle he was driving on Buckman Road, Bethany, on Saturday afternoon, Erbach reportedly fled the scene with his children -- ages 1 and 2 -- to an address on Dublin Road. He left his children with a family friend there and went into a wooded area behind the residence. He was subsequently found by the investigating officer in the woods near a chicken coop. The case was investigated by Sheriff's Deputy Christopher Parker, assisted by Wyoming County Sheriff's Deputy Brad McGinnis, members of the NY State Police stationed in Wyoming and Genesee counties, and several other members of the GC Sheriff's Office. (Photo above from scene on Saturday.)

Julie L. Dutton, 20, of Ellicott Street, Batavia, is charged with first-degree criminal contempt and criminal obstruction of breathing. She was arrested after allegedly violating a complete stay away order of protection issued by Batavia City Court by staying in the same residence as the protected party. Dutton allegedly choked the protected party during this time. She was jailed without bail. The case was handled by Batavia PD Officer Jamie Givens.

Travis M. Blue, 31, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. Blue allegedly choked a person during an argument on April 22. He was issued an appearance ticket and is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Jamie Givens, assisted by Officer Christopher Camp.

Sarah M. Wilson, 31, of Hutchins Street, Batavia, is charged with second-degree harassment -- physical contact, and failure to obey a court order. She was arrested following a call about a physical domestic incident and it is alleged that she slapped a victim in the face. She was jailed and bail set at $1,000. The case was handled by Batavia PD Officer Devon Pahuta, assisted by Officer Chad Richards.

Terrance M. Schramm, 24, of Columbia Avenue, Batavia, is charged with third-degree assault following an incident which occurred at 8:40 p.m. on April 29 on Holland Avenue, Batavia. He was arrested after a fight that allegedly involved himself and four other people. One of the people Schramm allegedly assaulted received minor injuries. The case was handled by Batavia PD Officer Jason Ivison, assisted by Officer Devon Pahuta.

Terrance D. Johnson, 20, of Holland Avenue, Batavia, is charged with third-degree assault following an investigation into a disturbance on Holland Avenue. He is to appear in Batavia City Court on May 27. The case was handled by Batavia PD Officer Kevin DeFelice.

Samantha L. Gibbs, 25, of State Street, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation on April 26 into an incident where Gibbs, the sole caregiver to her children, was found to be intoxicated beyond the point where she could reasonably care for her children. She was issued an appearance ticket and is to appear in Batavia City Court at a later date. The case was investigated by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Scott Charles Rauth, 28, of Prole Road, Stafford, is charged with felony DWI, felony DWI with a BAC of .08 or higher, aggravated unlicensed operation in the first degree, unlawful possession of marijuana, and motor vehicle equipment violation for no/inadequate plate lamp. The charges stem from a traffic stop in the City of Batavia on East Main Street on April 22. Rauth is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Chad Richards, assisted by Officer Nedim Catovic.

Michael F. O'Neill, 44, of Englewood Avenue, Tonawanda, is charged with DWI with a prior conviction within the preceding 10 years, DWI with a BAC of .08 percent or more with a prior conviction within the preceding 10 years, aggravated unlicensed operation, 1st, unlawful possession of marijuana, and speeding -- 60 mph in a 30-mph zone. O'Neill was arrested April 19 as the result of a traffic stop on Oak Street in the City of Batavia. He was arraigned and jailed without bail and is to appear in City Court at a later date. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Carrie L. Blaszak, 44, of West Barre Road, Albion, was arrested April 26 and charged with DWI, refusing chemical testing, open container of alcoholic beverage, obstructed view, and failure to keep right. Blaszak was arrested following a traffic stop at 12:06 a.m. prompted by patrols observing a driver with "multiple signs of intoxication." She was jailed in lieu of $500 bail. The case was handled by Batavia PD Officer Nedim Catovic, assisted by Officer Eric Foels.

James Ryan Marino, 21, of Ogden Center Road, Spencerport, is charged with unlawful possession of marijuana, failure to obey a traffic device, drinking alcohol in a motor vehicle while on a a public highway, and operation of an unregistered motor vehicle on a public highway. He was stopped by law enforcement on Clinton Street Road in Stafford on April 30. He was issued an appearance ticket and is to appear in Stafford Town Court at a later date. The case was handled by Sheriff's Deputy Joseph Corona.

Monte J. Zurlo, 40, of Bloomingdale Road, Akron, is charged with driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent or more. The arrest followed a traffic stop on April 27. Zurlo is to appear in Batavia City Court on May 20. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Karen D. Bannister, 74, of 172 S. Main St., Apt. #207, Batavia, was arrested April 23 and charged with harassment. Her arrest was prompted by an ongoing issue between Bannister and her neighbors. It is alleged that Bannister has had repeated unwanted contact with her neighbors and had been advised by law enforcement to cease contact with them. She was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer Peter Flanagan, assisted by Officer Kevin DeFelice.

Sarah M. Wilson, 31, of State Street, Batavia, is charged with second-degree criminal contempt. Wilson is accused of disobeying a court order to stay away from a protected party in an order of protection issued by Batavia City Court. She was arrested April 29 and released on an appearance ticket for Batavia City Court on May 19. The case was handled by Batavia PD Officer Nedim Catovic.

Max Lyman Metcalf Jr., 34, Batavia-Oakfield Townline Road, Oakfield, was arrested April 24 at 9:21 p.m. on South Pearl Street in Oakfield following a traffic stop. Metcalf is charged with misdemeanor driving while intoxicated, failure to use turn signal, operating an ATV without headlights, unlawful operation of an ATV on a public highway, and operating an unregistered ATV. He was involved in a short pursuit with law enforcement after being observed by deputies allegedly riding his ATV down Route 63 before turning onto South Pearl Street in the Village of Oakfield. Metcalf allegedly fled east down the abandoned railroad bed into Alabama before being apprehended. He was issued an appearance ticket and is to return to Town of Oakfield Court on May 25. The case was investigated by Sheriff's Deputy Michael Lute, assisted by Deputy James Diehl.

Jeremy P. Almeter, 31, of Center Street, Batavia, is charged with second-degree harassment. On the morning of April 20, following a dispute with a friend, Almeter allegedly shoved a person and threw the person's coffee outside. He was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer James DeFreze, assisted by Officer Mitchell Cowen.

Willie J. Thomas, 39, of State Street, Batavia, is charged with disorderly conduct. He was arrested after allegedly punching a person while inside a public location on West Main Street. He is to be in Batavia City Court May 5. The case was handled by Stephen Cronmiller.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with trespass and petit larceny. Zimblis was arrested April 28 on West Main Street Road, Batavia, following a complaint from Mill Street where Zimblis allegedly stole some scrap metal. Zimblis is set to appear in Batavia City Court on May 12. The case was investigated by Batavia PD Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Kyle J. Burdick, 26, of North Lyon Street, Batavia, is charged with second-degree criminal trespass -- remaining in a dwelling. He was arrested after being found allegedly hiding in the back room of a divided basement which belonged to another tenant. The basement is separated by a wall and the door is secured door with a latch and padlock, which had been removed. He is to appear in Batavia City Court on May 19. The case was handled by Batavia PD Officer Jamie Givens.

Desmond L. Majors, 22, of Dewey Avenue, Rochester, was arrested April 24 on a bench warrant for failure to appear on two counts of second-degree harassment and one count of disorderly conduct. Majors was located by Rochester PD on an unrelated traffic stop and turned over the BPD. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Ricard F. Sarro, 20, of Jackson Street, Batavia, and Shawna L. Adams (no age provided), Mia Velletta (no age provided), and Cherub E. Madafferi (no age provided) are charged with unlawful possession of alcohol by a person under age 21. They were arrested after midnight April 26 following an investigation into an under-age drinking party at 108 Jackson St. where residents had previously been warned by law enforcement about providing alcohol to persons under age 21. The case was investigated by Batavia PD Officer Eric Foels, assisted by Officer Felicia DeGroot.

Taein Yoon, 22, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a child. Yoon, a Republic of Korea native here on a student VISA playing for GCC's Men's Soccer Team, was arrested April 26 following the report of Yoon hosting an under-age drinking party at his apartment. He was issued an appearance ticket and is to appear in Batavic City Court at a later date. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Sean E. Allen, 21, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a minor. Allen, a native of Ireland here on a student VISA playing for GCC's Men's Soccer Team was arrested April 26 following the report of Allen hosting an under-age drinking party at his apartment. He was issued an appearance ticket for Batavia City Court at a later date and released. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Chiyannon James Deforest Bundy, 27, of Gilbert Street, Le Roy, is charged with failure to pay fine. He was being held in Genesee County Jail on an unrelated matter and was arrested on a bench warrant from GC Court for failure to pay his fine. He was arraigned this morning and bail set at $1,000. He was then returned to jail. The case was handled by Sheriff's Deputy John Baiocco.

Jorge Sosa, 47, of Masseth Street, Rochester, is charged with a violation of probation. Sosa was located in Rochester by the Henrietta PD and found to have an active warrant out of Genesee County Court. He was brought to Batavia and jailed in lieu of $3,000 cash bail. The case was handled by Batavia PD Officer Frank Klimjack.

Susan Foley, 47, of Woodsfield Drive, Lakeview, is charged with issuing a bad check. She turned herself in on the charge after an arrest warrant was issued by Batavia City Court. On Dec. 3, 2013, she allegedly wrote a check to a business in the City of Batavia that was returned for insufficient funds. Foley posted cash bail and is to return to City Court on May 12. The case was handled by Batavia PD Officer Jamie Givens.

Sabaheta Jukic, 50, of Bamm Hollow Road, Clay, is charged with possession of more than 4,000 untaxed cigarettes, speeding -- 52 in a 40-mph zone, and following too closely. Jukic was stopped April 30 on Route 77, Town of Pembroke, and subsequently allegedly found in possession of 4,000 untaxed cigarettes. Jukic was issued a traffic summons and an appearance ticket and is to be in Town of Pembroke Court on May 26. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Andrea L. Hendrickson, 34, of Chesterton Road, Rochester, is charged with unlawful possession of marijuana, obstructed plate, and obstructed driver's view. Hendrickson was stopped on April 30 on Route 77, Town of Pembroke, for vehicle and traffic charges and subsequently allegedly found to be in possession of marijuana. She was issued a traffic summons and an appearance ticket for Town of Pembroke Court for May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Roxanne Lynn Battaglia, 49, of Belknap Street, Rochester, is charged with unlawful possession of marijuana. She was a passenger in a vehicle stopped on Route 77, Town of Pembroke, on April 30. She was subsequently allegedly found to be in possession of marijuana. She was arrested, issued an appearance ticket and is to appear in Town of Pembroke Court on May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Christian J. Finkney, 27, of North Pembroke Road, Batavia is charged with violating a condition of sentence. He was arrested on April 18 and released with an appearance ticket for City Court May 5. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Joseph M. Marsceill, 48, of Pringle Avenue, Batavia, was arrested April 8 on an outstanding bench warrant from Batavia City Court. The arrest came after a traffic stop on Liberty Street. Marsceill pled guilty to a previous charge of operating a motor vehicle with a suspended registration and he allegedly failed to pay the resulting fine. He was released after posting bail. The case was handled by Batavia PD Officer Nedim Catovic.

Corina M. Distefano, 24, of Mount Read Boulevard, Rochester, was arrested for failure to appear in court after being issued a traffic ticket. She was taken into custody upon her release from Monroe County Jail on an unrelated matter. She was put in Genesee County jail in lieu of $250 bail. The case was handled by Batavia PD Officer Devon Pahuta.

Michael S. Gumberts, 23, of Stony Point Road, Rochester, was arrested by Town of Gates PD following a traffic stop on April 20 and turned over to Batavia PD. He had a bench warrant for failure to appear in Batavia City Court. He was jailed in lieu of $300 bail. The case was handled by Batavia PD Officer Stephen Cronmiller.

Dakota R.L. White, 16, of South Lake Street, Bergen, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 7th. White is accused of possessing and selling a controlled substance at Byron-Bergen High School. White was arraigned and released under supervision of Genesee Justice.

A 17-year-old resident of York Road, Pavilion, is charged with petit larceny. The youth is accused of stealing an item from Pavilion High School.

Amer Jusufbasic, 37, of Mohawk Street, Utica, is charged with possession of more than 400 untaxed cigarettes, aggravated unlicensed operator, 2nd, unlicensed operator, driver's view obstructed and driving without an interlock device. Jusufbasic was stopped at 12:48 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Jusufbasic was allegedly in possession of 2,600 untaxed cigarettes. He was jailed on $1,500 bail or $5,000 bond.

Christine Amnita Soler, 37, of Phelps Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operator, 3rd, improper left turn, unlawful possession of marijuana and unlicensed operator. Soler was stopped at 10:16 a.m. Friday on Phelps Road, Pembroke, by Deputy Patrick Reeves.

Christopher Allen Sewar, 28, of Maple Street, Batavia, is charged with petit larceny. Sewer is accused of stealing merchandise valued at $10 from Walmart.

Todd Vincent Amico, 51, of Burritt Road, Hilton, is charged with possession of 400 untaxed cigarettes. Amico was a passenger in a vehicle stopped at 10:08 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Amico was allegedly in possession of 2,300 untaxed cigarettes.

Jerell J. Jones Sr., 26, of East Main Street, Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration. Jones was allegedly involved in two verbal arguments that required police intervention to prevent two separate physical confrontations. Jones was jailed on $2,500 bail or $5,000 bond.

Joshua H. Currier, 30 of Batavia, is charged with DWI. Currier was stopped by State Police on the Thruway in Henrietta on Thursday. He allegedly had a BAC of .12. 

Crystal L. Wojtkowiak, 19, of Attica, is charged with obstructing governmental administration and reporting false information regarding an incident. Wojtkowiak was arrested by State Police in regards to an unspecified incident in Alexander.

Laquasia M. Orr, 19, of Bronx, is charged with identity theft, 3rd. Orr was arrested by State Police in relation to an unspecified incident Saturday.

Jeffrey M. Johnson, 27, of Batavia, is charged with obstructing firefighting operations. Johnson was arrested by State Police for an alleged incident reported at 5:20 a.m. Sunday at 26 Overlook Drive, Batavia. No further details released.

Press release:

Pembroke High School has made The Washington Post’s America’s Most Challenging High School List, published online this past Sunday.

Unlike Business First’s rankings, which consider a variety of factors in determining Western New York’s top schools, The Washington Post publishes a list of their top schools based on one factor, healthy Advanced Placement participation. If the number of students taking Advanced Placement tests is greater than the number of graduating seniors, the school makes the list.

Pembroke High School was able to meet the challenge by having 86 test takers last May with graduation for 67 seniors, an accomplishment that places Pembroke in the top 10 percent of all 22,000 high schools across America.

“We continue to embrace high expectations, and we do not shy away from challenging our students to the fullest,” stated Superintendent Matt Calderón. “We believe Pembroke students are fully capable to meet increased rigor in a variety of areas, and we are fortunate to have strong partnerships with parents and a community that also embraces that vision.

"When the NYS Commissioner of Education visited our District, it was our students that told him they wanted more rigorous and demanding coursework because they want to be prepared for life beyond high school; and they know the AP curriculum will give them a good taste of what their future holds in regard to college-level courses and career expectations.”

Ten years ago, Pembroke offered only two AP courses, Biology and Calculus AB, taken advantage of by 17 students. Now Pembroke offers AP English Literature, Psychology, Studio Art, U.S. History, World History, and Environmental Science. Music History and Physics were added for 2014-15 with a handful of students taking AP Computer Science through an online grant. For students who perform well on the AP exams, many colleges and universities offer college credit.

“No doubt, it is a lot of hard work but very rewarding when filling out that college application and vying for your school of choice. It can also be rewarding when entering college with 18 credits under your belt. That $546 investment translates to about $10,000 in savings at many of the colleges our students typically attend,” reported senior high school counselor and AP coordinator Toby Beahan.

According to high school Principal Keith Palmer, “If students want to challenge themselves, we try to provide the opportunities. We regularly work on developing an expectation with our students that a demanding and rigorous course load will be the best route in preparing for both college and career, especially during one’s senior year. And fortunately, we have talented teachers that are able to meet the challenge.”

Add to the mix student course-interest surveys, weighted grading for students who take on the challenge, recognition for students who score well, quality training for teachers, and you end up with healthy student participation in a quality AP program.

For more information about The Washington Post’s best high schools, visit http://apps.washingtonpost.com/local/highschoolchallenge/

A pole and wires are down in the roadway in the area of 2495 Brown Road, Pembroke. The wires are sparking. East Pembroke fire and law enforcement are en route. The location is between Ridge and Halstead roads.

Prosecutors have 30 days to produce and turn over evidence in the Scott F. Doll murder case that may yield DNA from the Feb. 19, 2009 crime scene, Judge Robert C. Noonan ruled in a decision released this afternoon.

Doll's attorney, Timothy P. Murphy, filed a pair of appeals related to Doll's 2010 murder conviction, which has him serving a 15-years-to-life prison sentence.

While Noonan granted the DNA appeal, he ruled against Doll on his motion that he received inadequate trial counsel.

At a hearing earlier this week, ADA William Zickl couldn't confirm for Noonan whether the evidence that might yield DNA still existed.

Noonan ruled the evidence be turned over, "subject to any disagreement as to protocol for the custody and preservation of such evidence, which will then be resolved on application to the Court."

On the representation issue, Murphy argued that attorneys Paul Cambria and Daniel Killelea failed to raise objections to Doll's transport from Pembroke to the Sheriff's Office the morning of the murder based on Fourth Amendment provisions.

Noonan ruled that the defense attorneys did adequately raise objections and that the appeals process had already upheld decisions to allow evidence gathered during that process -- statements by Doll and his clothing -- to be admitted at trial.

Doll was convicted by a jury of beating to death a former business partner and prison guard coworker, Joseph Benaquist.

The defense is seeking further DNA testing to establish whether a third person was at the murder scene, which the defense contends, if the DNA testing had been done prior to trial, could have changed the outcome of the case. The prosecution contends the evidence against Doll is so overwhelming that even if a third person's DNA is found at the scene, Doll would still be found guilty of murder by a jury.

UPDATE 3:30 p.m.: We asked Sheriff Gary Maha if the evidence still existed and was secured. His one-word answer: "yes."

Jayson W. Dersham, 31, of Wortendyke Road, Alexander, is charged with attempted arson, 2nd. Dersham was arrested following an investigation into an incident on Maple Street in February. He was jailed on no bail.

Nickolas R. Miller, 23, of State Street, Batavia, was arrested on a warrant related to an unspecified charge. He turned himself in, was arraigned and jailed on $5,000 bail.

Glenn Homer Quintern, 56, of Jackson Street, Batavia, is charged with exposure of a person. Quintern allegedly exposed his bare bottom at 4:38 p.m. Tuesday while on Central Avenue, in front of an adult and some children.

Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with criminal contempt, 2nd. Cole allegedly visited a person at that person's residence where the protected party resides in alleged violation of a stay away order.

Dan M. Carter, 53, of Hutchins Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and unregistered motor vehicle. Carter was stopped at 6:54 p.m. Wednesday on East Main Street for an alleged traffic infraction by Officer Nedim Catovic.

Vicky L. Devie, 57, of Bank Street, Batavia, is charged with uninspected motor vehicle and parking in city lot over the 15-minute limit. Devie turned herself in on a warrant and posted a $50 police bail.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with assault, 3rd. Zimblis is accused of stabbing another person in the arm with a kitchen fork during an argument.

Maurice A. Glasco, 36, of North Avenue, Medina, is charged with falsely reporting incident and unlawful possession of marijuana. Glasco is accused of falsely reporting an incident at 12:59 a.m. Saturday at 20 Main St., Batavia.

Colleen Frances Walker, 40, of Garfield Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and unlicensed operator. Walker was stopped at 11:47 a.m., Thursday, on Route 77, Pembroke, by Deputy Patrick Reeves. She allegedly possessed 1,200 untaxed cigarettes.

A semi-truck is said to be tipping over on Akron Road, Pembroke. Unknown cargo. Law enforcement is responding.

Oral arguments in the latest appeal of Scott Doll's murder conviction were heard by Judge Robert C. Noonan this morning in Genesee County Court.

Timothy P. Murphy represented Doll and ADA William Zickl represented the people.

Murphy's appeal is based on a few key points:

• There was no "emergency doctrine" need to transport Doll from Pembroke to the Sheriff's Office on Park Road the early morning of Feb. 19, 2009 after Doll was found in blood-covered clothes and blood was found on his vehicle parked at North Lake Road and Main Road. Doll, Murphy argued, was taken into the custody, not just merely held in an attempt to find out if somebody was hurt and in need of help;
• There was no DNA evidence taken from under the fingernails of the murder victim, Joseph Benaquist. If there had been, it's possible the presence of a third party at the scene might have been discovered, which could have changed the outcome of the trial;
• The failure of Doll's defense attorneys, Paul Cambria and Dan Killelea, to raise these issues at trial constitutes incompetent representation.

Zickl countered:

• Doll's defense had every opportunity to raise these issues and did in fact raise these issues, at the trial level and through the appeals process and they lost on the rulings;
• The emergency doctrine does apply to the transport of Doll because the emergency continued unabated until the body of Benaquist was discovered;
• The transport was necessary because investigators felt certain that Doll was covered in human blood and even though they didn't yet know what happened, it was likely a crime might be discovered and the evidence needed to be secured, rather than letting Doll walk around in 10-degree weather;
• Because Noonan served as trial judge, he knows Doll received a vigorous, cogent and coherent defense that can hardly be characterized as incompetent;
• Even if DNA had been collected, and even granting for the sake of argument that a third-party presence might have established, that fact wouldn't have changed the outcome of the case. The evidence that Doll killed Benaquist is simply overwhelming and conclusive. Where Murphy argued that physical evidence indicates Benaquist was involved in a struggle against attackers, Zickl argued the evidence is clear that Benaquist was ambushed and had little opportunity to defend himself. 

Noonan said he should have a written ruling in about a week.

Jacqueline Raj Garrett, 36, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana, two counts of criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, aggravated unlicensed operation, 2nd, and uninspected motor vehicle. Garrett was stopped at 5:37 p.m. Sunday on Main Road, Stafford, by Deputy Michael Lute. Garrett was jailed on $100 cash bail. A passenger, Aaron D. Swimline, 29, of Tinkham Road, Darien, was charged with unlawful possession of marijuana.

Jeanette Higgins, 39, of 23 Holland Ave., Batavia, is charged with two felony counts of offering a false instrument for filing, 1st, and one count of petit larceny. Higgins is accused of submitting forms to DSS that didn't disclose cash child support payments. Higgins allegedly received $208 in food stamp payments in February and March for which she wasn't entitled. Higgins was arrested by a Sheriff's deputy following an investigation by DSS.

Adrionna S. Ellison, 18, of Rochester, is charged with criminal trespass, 3rd. Ellison was reportedly ordered to leave College Village property and not return. A security officer later allegedly found her hiding under a bed in one of the apartments. She was arrested by State Police and issued an appearance ticket.

Lydia Grossi-Young, 45, of Hopkins Road, Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Grossi-Young was alleged involved in a domestic incident at 2 p.m. Sunday in Batavia.

Daniel Paul Molina, 35, of West Broad Street, Rochester, is charged with aggravated unlicensed operation, 1st, unlicensed operator and driving a vehicle without proper stop lights. Molina was stopped at 6:47 p.m. Saturday on Route 77, Pembroke, by Deputy Joseph Corona. Molina allegedly has more than 10 prior driver license suspensions. Molina was jailed on $5,000 bail.

A 16-year-old resident of County Route 53, Arkport, is charged with unlawful possession of marijuana. The youth was a passenger in a vehicle stopped at 6:06 p.m. Saturday on Route 77, Pembroke, by Deputy Joseph Corona, and allegedly found in possession of marijuana.

Jaime Lynn Killinger, 38, of West Taft Road, Le Roy, was arrested on warrants stemming from a DWI charge and a charge of driving with a BAC of .08 or greater. Killinger was arrested by the Irondequoit Police Department and turned over to the Sheriff's Office and jailed on $500 bail.

Eric Robert Root, 18, of West Avenue, Spencerport, is charged with unlawful possession of marijuana and speeding. Root was stopped at 6:54 p.m. Friday on Parkview Drive, Bergen, by Deputy Joseph Corona.

Kyle Timothy Johnson, 25, of Park Avenue, Waterport, is charged with possession of a hypodermic instrument. Johnson was arrested at 1:52 a.m. Friday on West Main Street, Le Roy, by Deputy Joseph Corona, after allegedly being found in possession of a hypodermic instrument he was not legally allowed to possess.

Jason L. Cramer Sr., 30, of Water Street, Attica, is charged with burglary, 3rd, petit larceny and criminal mischief, 4th. The arrest stems from an alleged incident reported Nov. 6 at a residence on Liberty Street, Batavia. Cramer was jailed without bail.

Andrew L. Kosiorek, 43, of Wood Street, Batavia, was arrested on a warrant stemming from a charge of criminal possession of a controlled substance, 7th. Kosiorek allegedly failed to comply with terms of Drug Treatment Court and was jailed on $100,000 bail.

Mark W. Grabowski, 57, of Chestnut Street, Batavia, was arrested on a warrant stemming from an unreasonable noise charge.

Cindy Lou Bush, 53, of Route 98, of Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly at a residence with five people under an order of protection forbidding her not to contact the individuals. She was jailed on $2,500 bail, $5,000 bond. Bush was also wanted for alleged failure to appear on five prior counts of criminal contempt stemming from a single incident.

Barbara Jean Salmon, 44, of Coal Hill Road, Taberg, is charged with possession of more than 400 untaxed cigarettes, tinted windows and plate obstruction. Salmon was stopped at 11:38 a.m. Tuesday on Route 77, Pembroke, by Deputy Patrick Reeves.

Amanda Christine Paige, 24, of Park Street, Pavilion, is charged with grand larceny, 4th. Paige is accused of stealing from a business.

Howard Clarence Schultz, 56, of Chili Avenue, Rochester, is charged with five counts of cruelty to animals. Schultz was reportedly a resident of 8798 Keeney Road, Le Roy, where he kept duck and chickens as pets. He allegedly moved from the property in late January and left the ducks and chickens behind without making arrangements for their care or relocation.

Christopher John Naugle, 45, of Apple Tree Avenue, Bergen, is charged with two counts of endangering the welfare of a child. During an argument reported at 9:06 p.m., Saturday, Naugle allegedly flipped over a table, slapped and poured beer on a person in the presence of two children.

Michael Leonard Farrell, 45, of Clio Street, Rochester, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and obstructed plate. Farrell was stopped at 10:55 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

James Raymond Corp, 35, of Brewerton Road, Syracuse, is charged with possession of more than 400 untaxed cigarettes and obstructed plate. Corp was stopped at 10:12 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves. Corp was allegedly found in possession of 11,000 untaxed cigarettes.

Kathy BethAnne Woodbeck, 39, of Montgomery Street, Canjoharie, is charged with possession of more than 400 untaxed cigarettes and obstructed plate. Woodbeck was stopped at 11:08 p.m. Friday by Deputy Patrick Reeves. Woodbeck was allegedly found in possession of 23,000 untaxed cigarettes.

Elbert L. Flint, 39, of Morse Place, Batavia, is charged with criminal possession of a weapon, 4th. Flint was allegedly found in possession of a cane sword.

Jonathan Chris Shirley, 33, of Council House Road, Basom, is charged with criminal possession of a weapon, 3rd, failure to comply with lawful order, unlicensed operation, aggravated unlicensed operation, 2nd, and no use of signal lamps. Shirley was stopped at 8:24 a.m. Sunday by Deputy Chad Cummings following a complaint of shots fired in the neighborhood on Council House Road, Basom. Shirley's vehicle was stopped and he was found to allegedly be a felon in possession of a weapon. He was jailed without bail. Deputies Christopher Parker, Brad Mazur and Cory Mower, along with State Police assisted in the response and investigation. 

Alexander D. Sweeney, 23, of Redfern Drive, Churchville, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Sweeney was stopped at 1:20 a.m. Sunday on Lake Street, Village of Le Roy, by Le Roy PD.

Timothy L. Freeman, 46, of Pavilion, is charged with menacing, 3rd. Freeman allegedly threatened a woman during an argument at a residence in Covington. State Police responded. He was jailed on $2,500 bail. An order of protection was issued.

William S. Smith, 47, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana during a traffic stop at 10:57 p.m. Saturday on Main Road, Pembroke, by Deputy Kevin McCarthy.

Kenneth Russell Hernandez, 49, of Adams Street, Rochester, was arrested on a warrant stemming from a petit larceny charge. Hernandez was arrested upon his release from the Monroe County Jail, arraigned in Bergen Town Court, and jailed on $1,000 bail.

Kristine Elizabeth Harmon, 37, of Lincoln Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, drinking alcohol in a motor vehicle, speeding and driving a vehicle without an inspection certificate. Harmon was stopped at 12:36 a.m. Friday on Pearl Street Road, Batavia, by Deputy Joseph Corona.

Allyn Jay George, 49, of Council House Road, Basom, is charged with menacing, 2nd. George allegedly threatened another person with a firearm during an argument, which was reported at 5:53 a.m., Friday. He was jailed on $500 bail.

Laquasia M. Orr, 19, of Bronx, is charged with two counts of identity theft, 3rd, and one count of attempted identity theft, 3rd. Orr's arrest stems from a fraud complaint filed Feb. 23 and investigated by state troopers. Orr is accused of memorizing the debit card number of a former roommate and linking it to her own e-mail address and using it to order Chinese food delivery on two occasions and one attempt to order pizza.The total value of the alleged theft is $60. Video surveillance was used to help identify the person who signed for the food delivery orders.The investigation is ongoing.

Zivko Kacurovski, 56, of Linden Tree Lane, Rochester, is charged with possession of more than 400 untaxed cigarettes. Kacurovski was stopped at 11:06 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. Kacurovski was allegedly in possession of 3,200 untaxed cigarettes.

Joshua Lenair Webster, 28, of West Main Street, Batavia, is charged with two counts of attempted criminal contempt, 2nd. While incarcerated at the Genesee County Jail, Webster allegedly made two attempts to contact a person he is barred from contacting by court order.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with unauthorized use of a vehicle. Bobzin allegedly took a vehicle without permission. He was jailed on $1,000 bail.

Brian Keith Laird, 20, of Wallace Street, Batavia, and Christopher Michael Smith, 20, of Porter Avenue, Batavia, are charged with unlawful possession of marijuana. Laird and Smith were observed inside a blue play tube attached to a swing set at Austin Park. Upon investigation, there were found to allegedly possess marijuana and were smoking marijuana inside the tube.

April M. Palmer, 28, no permanent address, is charged with possession of a hypodermic instrument. Palmer was allegedly found with a hypodermic instrument at 2:33 p.m. Tuesday at 29 Summit St., Batavia, by Officer Christopher Lindsay.

Chevaughn D. Hanson, 21, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Hanson was allegedly found with marijuana inside his residence after police responded to a complaint of a disturbance.

Charles H. Wroten, 54, of Buell Street, Batavia, was arrested on a warrant stemming from a third-degree assault charge and showing up at the jail for weekend incarceration with alcohol in his system. Wroten turned himself in. Wroten was jailed on $2,500 bail or $5,000 bond.

Brandon C. Dodd, 28, of Highland Park, Batavia, is charged with criminal mischief, 4th. Dodd allegedly intentionally damaged the window of his apartment.

Frank Mickey, 70, of State Street, Batavia, is charged with harassment, 2nd. Mickey allegedly threatened to punch another person in the face.

Tonya M. Weber, 31, of Baily Drive, Cowlesville, is charged with DWI, aggravated unlicensed operation, 1st, driving without interlock device, drinking alcohol in a motor vehicle and refusal to take breath test. Weber was arrested by Officer Eric Foels following a property damage accident reported at 12:21 a.m., Saturday, at 113 S. Swan St., Batavia.

Ryan James Wetsell, 21, of Trumbull Parkway, Batavia, is charged with unlawful possession of marijuana. Wetsell was arrested following a traffic stop at 10:45 p.m. Sunday on Trumbull Parkway by Officer Christopher Lindsay.

Nicholas Joseph Elmore, 26, of Grandview Terrace, Batavia, is charged with petit larceny. Elmore is accused of stealing $546.76 in merchandise from Walmart. 

Barbara Jean DeNinno, 57, of West Main Street, Little Falls, is charged with possession of untaxed cigarettes, speeding and obstructed plate. DeNinno was stopped at 11:18 a.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. DeNinno was allegedly found in possession of 21,000 untaxed cigarettes. Also charged, passenger Laura Christina Fenty, 46, of East Jefferson Street, Little Falls.

Dillon Austin Peacock, 20, of Whelehan Drive, Rochester, is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and drinking alcohol in a motor vehicle. Peacock was a passenger in a vehicle stopped by Deputy Joseph Corona at 5:22 p.m. Tuesday, Route 77, Pembroke. He was allegedly found to be drinking in the vehicle and in possession of brass knuckles and marijuana.

Ashley Rose Grip, 20, of Whitehall Drive, Rochester, is charged with possession of unstamped cigarettes. Grip was stopped at 5:22 p.m. Wednesday on Route 77, Pembroke, by Deputy Joseph Corona and allegedly found in possession of 4,954 untaxed cigarettes.

Marguerite Ann Magee, 76, of Oak Orchard East, Albion, is charged with harassment, 2nd. Magee allegedly struck another person with her elbow, which caused a cut lip. The incident was reported at 6:44 p.m. Monday at a residence on Judge Road, Alabama.

Terrance William Stenzel, 39, of Murray Street, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, aggravated unlicensed operator, 2nd, and obstructed plate. Stenzel was stopped at 1:06 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves for an alleged traffic infraction. Stenzel was allegedly found in possession of crack cocaine and marijuana. He was jailed on $550 cash bail or $5,000 bond.

A three-vehicle accident is reported on the Thruway in the area of mile marker 403.9.

Injuries if any are unknown.

Pembroke and Indian Falls dispatched.

Sarah Regina Orsini, 59, of Exchange Street, Rochester, is charged with driving while ability impaired by drugs, possession of untaxed cigarettes, unlawful possession of marijuana and driving with a broken windshield. Orsini was stopped at 11:40 a.m. Sunday on Route 77, by Deputy Joseph Corona.

Michelle M. Michael, 42, of West Seneca, is charged with petit larceny. Michael is accused of switching a price tag from a shirt to a more expensive jacket at Stan's Harley-Davidson and then paying for the mispriced jacket and leaving the store. The alleged switch was caught on surveillance video.

Gary Aton Williams, 54, of Lang Street, Rochester, was arrested on a warrant out of Gates related to a petit larceny charge. Williams was identified as a warrant suspect during a traffic stop at 7:38 p.m. Sunday on Route 262, Byron, by Deputy Joseph Graff. Williams as a passenger in the vehicle that was stopped for an alleged traffic violation.

Nelson Henry Nowicki Jr., 40, of Broadway Road, Darien, is charged with forcible touching. Nowicki allegedly forcibly touched another person.

Nicholas Ryan Donahue, 21, of Caraway Lane, Spencerport, is charged with possession of unstamped cigarettes, unlawful possession of marijuana and no front plate. Donahue was stopped at 8:08 p.m. Saturday on Judge Road, Alabama, by Deputy Joseph Corona. Donahue was allegedly in possession of 1,400 untaxed cigarettes.

Joseph R. Volasquez, 18, of Byron, is charged with criminal mischief, 3rd. The alleged incident was reported at 11:57 p.m. Sunday in Byron. Volasquez was arrested by State Police. He was ordered held on bond. No further details released.

At 9:45 this evening, a resident reported smoke coming from a house at 285 Maple Road, Pembroke. Heavy smoke was coming from the kitchen area, reported Pembroke Fire Chief Jamie Waff. The house was vacant at the time of the fire. Pembroke, Corfu, Newstead, Indian Falls, Alabama, and the Town of Batavia fire companies were on the scene.

UPDATE 11:49 p.m.: Fire Chief Waff says there is smoke and fire damage in kitchen area caused by the improper dispose of polyurethane rags. Owners were notified upon arrival.

A house fire at 285 Maple Road, Pembroke, has gone to a second alarm.

Pembroke and Indian Falls fire departments dispatched. Alabama filling in at Indian Falls.

City fire Fast Team dispatched.

Smoke and flames seen from the eaves.

UPDATE 10:14 p.m.: Corfu, Darien and Town of Batavia also dispatched.

UPDATE 10:20 p.m.: Tankers released from response.

UPDATE 10:26 p.m.: Darien 45 requested to the scene to assist with rehab.

Deborah E. Lamartina, 34, of Linnet Street, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 1st, DWAI/drugs, criminal possession of a hypodermic instrument and possession of a controlled substance not in original container. Lamartina was stopped at 3:12 a.m. March 21 on Oak Street, Batavia, by Officer Stephen Cronmiller.

Saphan Touch, 64, of Rochester, is charged with driving while ability impaired by alcohol, failure to stop at a stop sign and improper turn/no signal. Touch was stopped by State Police on Route 33, City of Batavia. Touch allegedly failed a field sobriety test. He was processed at the Batavia Barracks and administered a BAC test, which allegedly registered .07.

Danny J. Torok Sr., 47, of Spencerport, is charged with criminal possession o a weapon, assault and attempted assault. Torok allegedly used a steak knife during an argument in Oakfield with a family member and caused small cuts to the victim. He was jailed on $500 bail.

John Allen Thomas, 50, of State Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly spoke to a person he is barred by court order from contacting.

Travis L. Bartz Jr., 19, of Church Street, Alexander, was arrested on warrants for alleged false personation and endangering the welfare of a child, criminal mischief, 4th, and petit larceny. Bartz allegedly gave a false name to police officers in October. He also allegedly tried to break into a car by breaking a window.

Klarissa C. Price, 37, of 22nd Street, Niagara Falls, was arrested on a warrant for alleged failure to appear on an unauthorized use of a vehicle charge. Price was arrested by Niagara County Sheriffs and turned over to Batavia PD. She was jailed on $1,000 bail.

Shaqueta Lashaun Irvin, 23, of Highland Park, Batavia, was arrested on a warrant for allegedly failing to report for weekend jail terms related to a petit larceny conviction. Irvin was located in Family Court and taken into custody and jailed on $5,000 bail.

Teshawn A. Lang-Smith, 18, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to comply with a released under supervision contract. Lang-Smith turned himself in and released under supervision.

Kim Marie Mannix, 46, of Wishing Well Circle, Penfield, is charged with possession of more than 400 untaxed cigarettes. Mannix was stopped at 1:20 p.m. Tuesday on Route 77, Pembroke, by Deputy Patrick Reeves. Mannix allegedly possessed 2,360 untaxed cigarettes.