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Law and Order: Suspect accused of selling suboxone to undercover agent

By Howard B. Owens

Zachary J. Ayres, 21, of Bankside Drive, Hamlin, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Ayres was arrested on a warrant for allegedly selling suboxone to an agent of the Local Drug Task Force. He was jailed on $10,000 bail.

Shaun Claude Connors, 36, of Bissell Avenue, Depew, is charged with criminal possession of a controlled substance, 7th. Connors was arrested after being found sleeping in an unsecured, parked car on South Lake Road, Pembroke, at 8:21 a.m., May 20. 

Kimberly L. Winn, 61, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, inadequate exhaust and unlawful possession of marijuana. Winn was stopped at 9:09 p.m. Thursday in the Village of Le Roy.

Mark D. Nash, 56, of Curtis Street, Rochester, was arrested on a warrant for alleged failure to pay fine. Nash has a conviction for issuing a bad check. He was arrested at the Monroe County Jail and jailed in Genesee County on $105 bail.

Rae Charlene Cook, 26, of Ellicott Street, Batavia, is charged with trespass and resisting arrest. Cook is accused of entering a residence without being invited nor having the owner's permission to enter. Cook reportedly left the residence before officers arrived, but allegedly returned later and was located on the front porch of the residence and taken into custody after a struggle.

Mark Jackett, 45, and Courtney Hewitt, 33, of Irving Parkway, Oakfield, are charged with eight counts of offering a false instrument for filing, 1st, and one count each of third-degree grand larceny. Jacket and Hewitt were arrested following an investigation by the Department of Social Services. Jackett and Hewitt are accused of submitting an application, recertification and wage verification forms that failed to report Jackett's correct income. As a result, Jackett and Hewitt allegedly received $9,747.09 in Medicaid benefits they were not entitled to between Dec. 1, 2010 and March 31, 2013. Jackett and Hewitt turned themselves into the Sheriff's Office, were arraigned and released.

Eric K. Ricks, 36, of Ellicott Street Road, Batavia, is charged with harassment, 2nd, unlawful possession of marijuana and criminal obstruction of breathing. Ricks was allegedly involved in a domestic incident on State Street. He's accused of strangling and punching another person. He was also allegedly found in possession of marijuana. He was jailed on $2,000 bail or $4,000 bond. Ricks was also arrested by the Sheriff's Office on a charge of disobeying a court mandate for allegedly violating an order of protection.

Charles I. Farraro, 27, of Barron Road, Mount Morris, is charged with DWI, refusal to take breath test, moving from lane unsafely and drinking alcohol in a motor vehicle. Farraro was stopped at 11:56 p.m. Tuesday on Walnut Street, Batavia, by Officer Darryle Streeter.

Samantha Lynn Gibbs, 27, of State Street, Batavia, is charged with unauthorized use of a computer. Gibbs is accused of gaining access to a computer network of another person and posting items on that network.

Jason Scott Stanley, 22, of Judge Road, Alabama, is charged with trespass. Stanley was arrested following an investigation into an ATV accident at 10:14 p.m. Monday at 7394 Hutton Road, Oakfield. Stanley was allegedly on private property without permission when she was involved in an ATV accident. Also charged, Amber Lynn Sharick, 22, of Lewiston Road, Batavia.

Stacey Lynn Santillo, 39, of Montclair Avenue, Batavia, is charged with petit larceny. Santillo is accused of shoplifting from Kohl's.

Wrongful death suit filed in February's fatal accident in Bethany

By Howard B. Owens

The father of Alyson D. Krzanak, the Genesee Community College student who died in an accident Feb. 21 at the intersection of Route 20 and Molasses Hill Road, Bethany, has filed a wrongful death suit against the driver of the car Krzanak was riding in as well as four other parties.

David Krzanak is the plaintiff as well as the estate of his daughter. He seeks damages "in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts but does not exceed the monetary jurisdictional limits of the New York State Supreme Court."

The wrongful death suit alleges that the driver of the vehicle, Hannah Dibble, as well as Leonard L. Odums, the Georgia resident driving the truck that hit Dibble's 1997 Geo, Celadon Trucking Services, Celadon Group and Frank's Garage of Akron, took actions that were negligent, reckless and careless, causing the death of Krazanak.

The 10-page document does not list any specific actions any of the defendants took that could be considered a cause of Krzanak's death.

There have been no criminal charges filed against Dibble, though Chief Deputy Jerome Brewster has confirmed that the Sheriff's Office has received the results of a toxicology report and both he and District Attorney Lawrence Friedman say the two offices have been in discussions about how to proceed.

The Dietrich Law Firm of Williamsville is representing the Krzanaks. Attorney Nicholas J. Shemik filed the lawsuit.

Grand Jury Report: Man indicted on drug dealing charge, escape and public lewdness

By Howard B. Owens

Kirk A. Thomas Jr., is indicted on counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, first-degree escape, criminal possession of a hypodermic instrument, criminal possession of drug paraphernalia, 2nd, and public lewdness. Thomas is accused of possessing heroin with the intent to sell on March 17 in the City o Batavia. On that date, having been arrested, he allegedly escaped from custody. On that date, he allegedly possessed a hypodermic instrument. He allegedly possessed glassine envelopes with the intent to distribute drugs. He is accused of exposing himself and masturbating in public with the intent of being observed.

Ronald M. Markek is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and is accused of having a prior DWI conviction on Oct. 11, 2011, in the Town of Pembroke. Markek is accused of driving drunk Nov. 28, 2014, on Route 63, Town of Batavia.

Law and Order: Alleged intruder of home on North Bergen Road charged with burglary

By Howard B. Owens

Shane P. Buyck, 26, of North Bergen Road, Bergen, is charged with burglary, 2nd. At 6:21 p.m. Monday, deputies and troopers were dispatched to a residence on North Bergen Road after the homeowner returned home to find an intruder in his house. The intruder fled on foot, leaving a car in the driveway. The registration reportedly came back to Shane P. Buyck, a resident of North Bergen Road. Buyck was located in a wooded area near the house by Deputy Chris Erion and K-9 "Destro" while lying in thick brush. Buyck was identified as the alleged intruder. He was jailed without bail.

Tonya M. Doell, 45, of East Main Street, Batavia, is charged with open container in public. Doell was allegedly in possession of an open container at 577 East Main St., Batavia, (Family Dollar). Doell reportedly refused to identify herself to police because of her probation status.

Matthew P. Parker, 25, of Eagle Street, Medina, is charged with trespass. Parker was arrested following an investigation into reports of vehicles being broken into in the City of Batavia on Sunday Morning. He was located in the parking lot of UMMC at 4:30 a.m. and jailed without bail.

Matthew C. Payne, 33, of Chestnut Street, Batavia, is charged with illegal disposal of items. Payne is accused of illegally dumping trash into a trash container owned by the Batavia Housing Authority at 193 S. Main St., Batavia.

Susan R. Fabretti, 52, of Swamp Road, Byron, is charged with petit larceny. Fabretti is accused of shoplifting at Tops Market. 

A 17-year-old, name and residence withheld by Batavia PD, is charged with harassment, 2nd. The youth is accused of striking a female several times after a verbal argument escalated.

Angela Irene, 45, of South Gravel Road, Medina, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at at stop sign. Irene was stopped at 1:41 a.m. Sunday on Lewiston Road, Alabama, by Deputy Joseph Corona.

Alan James White, 18, of South Lake Road, Bergen, is charged with criminal possession of a weapon, driving while ability impaired by alcohol and driving with a BAC of .08 or greater. Deputy Chad Cummings along with Mercy EMS were dispatched at 7:51 a.m. Sunday to Dublin Road, Bergen, for a report of an unresponsive male behind the wheel of a stopped car on the road. White was treated and released at the scene by medics. He was allegedly found in possession of a switchblade knife.

Sandra Lynn Fry, 43, of Sunset Park, Oakfield, is charged with criminal contempt, 2nd. Fry allegedly violated a complete stay away order of protection.

Jason Scott Stanley, 22, of Judge Road, Alabama, is charged with DWI on an ATV, unlawful operation of an ATV on private property, unregistered ATV and driving an ATV without insurance. Stanley was arrested following an investigation into an ATV accident on Hutton Road, Oakfield, at 6 p.m. on Monday.

Mark David Heidenreich, 25, of Sumner Road, Darien, is charged with criminal contempt, 2nd. Heidenreich allegedly violated a complete stay away order of protection by placing phone calls to the protected person.

Samantha Rose Docteur, 24, of Ellicott Street Road, Pavilion, is charged with unlawful possession of marijuana and facilitating aggravated unlicensed operation of a motor vehicle, 2nd. Docteur was arrested following a traffic stop on South Main Street, Oakfield, at 11:55 a.m. Saturday by Deputy Michael Lute. She was allegedly in possession of marijuana, a grinder and smoking paraphernalia.

Andrew Michael Boyce, 20, of Oak Orchard Road, Elba, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and no seatbelt. Boyce was stopped at 4:18 p.m. Friday on Judge Road, Alabama, by Deputy Chris Parker, for allegedly driving without wearing a seatbelt.

A 17-year-old resident of Main Road, Pembroke, is charged with second-degree harassment and criminal mischief, 4th. The youth allegedly threatened another person and damaged property of that person. He was jailed on $250 bail.

Matthew Brian Starowitz, 26, of Whitney Mill Road, Batavia, is charged with unlawful possession of marijuana. Starowitz was charged at 2:22 a.m. May 19 on Bank Street Road, by Deputy Chris Erion.

Nicholas Anthony Lord, 19, of North Division Street, Buffalo, is charged with criminal mischief. Lord allegedly damaged another person's property during a dispute.

Matthew J. Pasternak, 25, of Amherst, is charged with unlawful possession of marijuana. Pasternak was stopped by a trooper on Route 77, Corfu, for allegedly speeding. He was allegedly found in possession of five grams of marijuana after the trooper said he detected the odor of marijuana emanating from the vehicle. The search also allegedly led to the discovery of a multicolored smoking pipe with marijuana residue.

The spirit of Conrad Litt, who died in battle July 18, 1863, has a final resting place in Indian Falls

By Howard B. Owens

On a cloud-shrouded Memorial Day afternoon in Indian Falls, the folds in the fabric of history were visible in a short service that honored one of Pembroke's own fallen Civil War soldiers.

A headstone for Conrad Litt, a German immigrant who probably joined the Army so his family could have 100 acres of land after the war, was dedicated in a service conducted by members of Colonel John B. Weber Camp No. 44 and the Weber Guard, Sons of Veterans Reserve.

The spot chosen for the marker is next to those of his parents and other family members in the Old Indian Falls Cemetery. The location is at the rise of the hill in the southwest corner of the graveyard. There's an opening in the tree line that overlooks a lush valley. 

Clifford Anderson, one of the Litt Family ancestors, who now lives in West Seneca, purchased the headstone from the Veteran's Administration. He likes the idea that Conrad Litt's grave overlooks that idyllic valley that will become a national veterans cemetery.

"His spirit will look out over his fellow soldiers here, on this hill," Anderson said.

Conrad Litt enlisted in the 100th New York Volunteer Infantry, 2nd Brigade, Company C., on October 24, 1861 as a private. The 2nd Brigade was known as the “Eagle Brigade,” which was sponsored by the Buffalo Board of Trade.

Litt participated in the Battle of Fair Oaks, Virginia, where more than half of his regiment was killed or wounded.

The Pembroke resident died in action July 18, 1863 during the Union’s night assault on Fort Wagner, Morris Island, S.C., when he was struck in the breast and died instantly.

The Second Battle for Fort Wagner was dramatized in the movie "Glory," which is about the 54th Regiment Massachusetts Volunteer Infantry, the first military regiment in the Army comprised entirely of African-Americans, mostly freed slaves. The 54th led the nighttime charge on Fort Wagner, suffering heavy casualties, and though Fort Wagner never fell, the manner in which the men acquitted themselves led to more freed slaves being allowed to enlist. These black regiments were a significant factor, President Lincoln felt, in the Union winning the war.

Buffalo native John B. Weber enlisted in the Army Aug. 1, 1861 as a private and quickly rose through the ranks, attaining colonel before his 21st birthday. His first command, granted September 19, 1863, two months after the Second Battle of Fort Wagner, was the 89th Regiment, designated "18th Infantry, Corps d'Afrique." It was a regiment of freed slaves. Weber turned down a command of 44th Regiment to lead the 89th. He resigned later after his men were reassigned to another outfit and promised replacements, more freed slaves, were not available. He returned to Buffalo and eventually was elected to Congress.

Litt's remains were never recovered for a proper burial, as the fighting at Fort Wagner continued for another month by laying siege to take control of the rebel-held fort and battery, which was the key to entering Charleston Harbor and the Union reclaiming of Ft. Sumter, where the first shot of the War Between the States opened formal hostilities in 1861. 

Anderson learned of Litt and the cemetery where his family was buried while researching his family tree. In the process, he came across a book containing 25 of Litt's letters home. The book, which also contains the Civil War letters of Litt's childhood friend, also of Pembroke and fellow soldier, Sidney Lake, "I Take My Pen in My Hand."

"I came across these letters he wrote and I wept reading them," Anderson said. "I'm a vet myself and I would like to do him an honor, at least put a marker here for him. His body is not here, but I feel like his spirit has come home now."

The dedication ceremony comes 150 years after what some historians consider the first Memorial Day, organized in Charleston, S.C., May 1, 1865, by a group of freed slaves to honor the Union soldiers who helped secure their emancipation. The first nationally recognized Decoration Day was May 30, 1868. The date was supposedly chosen because it would be a time when flowers in all parts of the nation would be in bloom and the graves of fallen soldiers were to be decorated with flowers.

Flowers decorated Litt's marker yesterday.

For Michael Erb, who belongs to three Civil War reenactment groups, including the Weber group, and is himself a military veteran, taking part in services that honor the Civil War dead is important because the Civil War is a critical turning point in the nation's history.

"The Civil War was America's biggest war," Erb said. "It changed our country forever, you know. We were kind of a disunified country, different states going different ways, and all the sudden after the war, we were all one nation. Oliver Wendell Holmes said it was a terrible war, many people and soldiers died in that war, but look at what we got from it. We're a better country afterward. We're a unified country. Today, we're the only Superpower. It's a time in history that our whole country should remember."

Law and Order: Fire response leads to discovery of allegedly mistreated dogs

By Howard B. Owens

Ashley Marie Fladie, 24, of Pearl Street Road, Batavia, is charged with two counts of cruelty to animals. Fladie is accused of possessing two dogs that were deprived of proper care and, as a result, suffered from numerous medical conditions that authorities say could have been avoided with proper care. The dogs were examined by a veterinarian, who allegedly determined the dogs were in unsatisfactory condition due to improper care. Animal Control assisted in the investigation. The dogs were discovered during a response to a fire at 2720 Pearl Street Road the evening of March 11.

Ashley M. Kreutz, 27 of Batavia, is charged with petit larceny. Kreutz is accused of stealing a gift card from her employer, Kohl's, worth $37. The alleged theft was detected on surveillance video.

Jordan C. Dunham, 42, of Batavia, is charged with three counts of criminal possession of a controlled substance, 7th, controlled substance in non-original container and no license plate lamp, and Nicole P. Gonzalez, 32, of Batavia, is charged with criminal possession of a controlled substance, 7th, and controlled substance in non-original container. State Police stopped Dunham's Chevrolet Cobalt on Route 33, Bergen, for an alleged license plate lamp out. During the interview, Dunham reportedly said he didn't have a license. A trooper reportedly observed his hands shaking and he appeared nervous.  The trooper allegedly spotted five glassine bags of heroin on the back seat floor. During the subsequent search, a trooper allegedly found two plastic baggies containing cocaine and a large glassine bag containing suboxone sublingual strips.

Merlin L. Brainerd, 34, of Silver Springs, is charged with unlawful possession of marijuana. Brainerd was stopped by State Police on Route 63, Batavia, for alleged tinted windows. A trooper detected the alleged odor of marijuana. Further investigation turned up a baggie allegedly containing two grams of marijuana and a glass smoking pipe with marijuana residue.

Alexis A. Camilo, 19, of Buffalo, is charged with unlawful possession of marijuana. Camilo was stopped in Corfu by Village police for allegedly driving 48 in a 35 mph zone on Route 77.

Craig M. Stevens, 54, of North Spruce Street, Batavia, is charged with harassment, 2nd. Steven allegedly slapped a woman at 1:30 p.m. Wednesday at a location on North Spruce Street.

Yolanda E. Johnson, 28, of West Main Street, Batavia, was arrested on a warrant related to an aggravated unlicensed operation, 3rd, charge. Johnson was arrested, arraigned and released on her own recognizance.

A 17-year-old resident of Batavia is charged with criminal mischief, 4th. The youth allegedly punched a hole in a wall at an undisclosed location at 9:30 pm. on May 12. Batavia PD withheld the name of the suspect.

Francisco Martinez Jr., 42, no permanent residence, was arrested on a warrant related to an endangering the welfare of a child charge. Martinez was arraigned, had a DNA sample collected at the jail, and was released.

A 17-year-old resident of Batavia is charged with endangering the welfare of a minor and menacing, 2nd. The youth allegedly threatened his 13-year-old brother with a knife at 6:30 p.m., May 5, at an undisclosed location. The name of the suspect withheld by Batavia PD.

Carlos Samol, 50, of Liberty Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Samol allegedly struck two people, including a juvenile, in an alleged incident reported at 2:38 p.m., Wednesday.

Sarah Mae Wilson, 32, of Hutchins Street, Batavia, is charged with disobeying an order of protection. Wilson was allegedly located by police officers hiding in the closet of a protected party. Wilson was jailed on $5,000 bail or $10,000 bond.

Karen D. Bannister, 74, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a harassment charge. Bannister was arraigned and released on her own recognizance.

Daniel L. Dioguardi, 34, of Summit Street, Batavia, is charged with obstructing governmental administration. Dioguardi allegedly ran from police when they attempted to detain him for questioning during a burglary investigation at 5:17 p.m., Friday. Dioguardi was jailed on $3,000 bail or $6,000 bond.

Stanley D. Wilson, 54, of Bank Street, Batavia, is charged with petit larceny. Wilson is accused of stealing beer from the Red Apple at 99 Jackson St., Batavia.

Michael A. Galas, 24, of Woodcrest Boulevard, Tonawanda, is charged with trespass. Galas was allegedly trespassing at Rolling Hills Asylum, Bethany. Also charged, Nicholas J. Hora, 24, of Old Farm Court, Cheektowaga, Rebecca M. Klein, 24, of Knowlton Road, Kenmore, and Jessica M. Cichocki, of Elm Place, Lancaster. The four people were allegedly caught on the property at 6:54 p.m., Sunday.

Daniel Thomas McPhee III, 48, of Losson Road, Cheektowaga, is charged with possession or transport of unstamped cigarettes, motor vehicle lights not meeting safety standards and running a red light. McPhee was stopped at 8:53 p.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Christina Aminta Soler, 37, of Phelps Road, Pembroke, is charged with criminal contempt, 2nd. Soler allegedly violated an order of protection by contacting the protected party.

Jacob John Stone, 39, of West Main Street, Batavia, is charged with criminal mischief. Stone allegedly kicked and damaged a door during an argument.

Honour Haley Myers, 26, of Hamm Road, Lockport, is charged with unlawful possession of marijuana and failure to stop at stop sign. Myers was stopped at 6:33 p.m. Saturday on Route 33, Stafford, by Deputy Joseph Corona.

Eric Charles Zglinicki, 53, of Alleghany Road, Darien, is charged with criminal possession of weapon, 4th. Zglinicki was allegedly found in possession of firearms despite his prior felony conviction. The weapons were confiscated.

Patricia Leslie Brown, 61, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarattes. Brown was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Kathleen Marie Szkotak, 46, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarettes and driving with dark-tinted windows. Szkotak was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Robert James Lefrois, 30, of Down Street, Rochester, is charged with unlawful possession of marijuana, unlicensed operator, possession / display of a forged inspection certificate and inadequate muffler. Lefrois was stopped at 12:52 p.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Harvey Arthur McMurray Jr., 47, of Bennett Avenue, Oakfield, is charged with driving while ability impaired by alcohol, speeding, unlicensed driver and unregistered motor vehicle. McMurray was stopped at 2 a.m. May 8 on Lewiston Road, Oakfield, by Deputy Joseph Corona.

Wendy S. Dempsey, 44, of Sunset Parkway, Oakfield, is charged with trespassing. Dempsey allegedly entered a business in Oakfield where she had been previously told not to enter.

Law and Order: Batavia man accused of skipping cab fare after ride from Macedon

By Howard B. Owens
Nicholas Elmore

Nicholas J. Elmore, 26, of Batavia, is charged with theft of services, petit larceny and criminal possession of a controlled substance, 7th. Elmore was arrested by Macedon PD for alleged shoplifting. He hired a cab for a ride from Macedon PD's office to a hotel in Batavia. He allegedly fled through a back door of the hotel without paying his $144 cab fare. State Police were dispatched to the complaint. They located Macedon PD paperwork related to the shoplifting arrest on the back seat of the cab. Elmore had used another person's ID with the Macedon PD. That person was located by troopers and interviewed. Troopers secured a photo of Elmore and shared it with Macedon PD who confirmed Elmore was the actual suspect in the shoplifting case. Elmore was located in a local hotel and arrested. At the time of his arrest, he allegedly possessed three packages of heroin. He was jailed on $800 bail.

Matthew Lilly, 25, of Marshall Road, Lyndonville, was arrested on a warrant. Lilly allegedly failed to appear on a disorderly conduct charge from April, 2014. He was jailed on $200 bail.

Gregory Scott Snyder, 46, of Alleghany Road, Darien, is charged with assault, 3rd. Snyder allegedly punched another person in the face during an argument reported 10 p.m. Thursday on Genesee Street, Alexander. The alleged victim was transported to Warsaw Hospital for treatment.

Cory Lynn Hyde, 33, of South Main Street, Mount Morris, is charged with disorderly conduct. Hyde was arrested on a warrant out of Town of Darien Court. He was jailed on $200 bail.

John Charles Siracuse III, 31, of Pringle Avenue, Batavia, is charged with falsely reporting information about an actual incident. Siracuse is accused of providing information about a motor-vehicle accident that wasn't truthful. The accident was reported at 3:20 p.m. Thursday on Lewiston Road.

A 17-year-old resident of North Main Street, Oakfield, is charged with harassment, 2nd. The youth is accused of striking another person while in a vehicle at 8:30 p.m. Tuesday in Oakfield.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with petit larceny. Bobzin allegedly stole an Xbox Kinect with a value of $100 from a family member April 22. He was jailed on $1,500 bail or $3,000 bond.

Leslie Charles Sage, 47, of Wight Road, Basom, is charged with aggraveted unlicensed operation, 3rd, driving on a suspended registration and driving a vehicle without an inspection sticker. Sage was stopped 3:28 p.m. March 28 on Park Road, Batavia, by Deputy Joseph Corona. He was jailed on $1,000 bail or $2,000 bond.

Barbara A. Hofert, 54, of Washington Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and obstructed license plate. Hofert was stopped at 7:54 p.m. Tuesday on Porter Avenue, Batavia, by Officer Mitchell Cowen.

Juan Pozotempan-Ahuejote, 37, of Wood Street, Batavia, is charged with menacing, 3rd. Pozotempan-Ahuejote allegedly threatened another person with a raised, clinched fist during an argument reported at 3:50 p.m., Wednesday. He was jailed on $3,000 or $6,000 bond.

TyAnna D. Green, 20 of Holland Avenue, Batavia, is charged with disorderly conduct. Green was allegedly involved in an incident in the parking lot of Dunn Tire at midnight, Thursday.

Winston A. Lockhart, 20, of East Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Lockhart was allegedly involved in the incident with Gree, above.

Brody A. Jorgenson, 20, of Ellicott Street, Batavia, is charged with possession of alcohol under age 21. Jorgenson was allegedly involved with an underage drinking party reported at 1:14 a.m. Sunday at 340 Ellicott St., Batavia. Also charged Joshua A. Wester, 20, of Ellicott Street, Batavia.

Leonard A. Johnson III, 22, of Holland Avenue, Batavia, is charged with assault, 3rd. Johnson was arrested as the result of an investigation into an incident reported April 29 on Holland Avenue.

Jennifer Lynne Judkins, 20, of Dodgeson Road, Alexander, is charged with petit larceny. Judkins allegedly stole $43 in clothing from Kmart.

Jason Andrew Barnhart Sr., 28, of Pratt Road, Batavia, is charged with petit larceny, criminal contempt, 2nd, and criminal trespass, 3rd. Barnhart allegedly stole two DVDs from Walmart, and in the process violated an order of protection and being restricted from the property.

Christine Aminta Soler, 37, of Phelps Road, Pembroke, is charged with harassment, 2nd. Soler allegedly struck another person during an argument at 2:41 p.m., Wednesday. 

Luke Paul Simmons, 18, of Harper Road, Corfu, is charged with unlawful possession of marijuana. Simmons was arrested by Deputy Kevin McCarthy following an investigation into a report of a suspicous vehicle on Route 20 at 9:19 p.m., April 24.

Orentheo Jamar Flowers, is charged with aggravated unlicensed operation and unlicensed operator. Flowers was arrested on a warrant for an alleged failure to appear on the charges.

Shayne Robert Patterson, 49, of Killian Road, Corfu, is charged wit DWI, driving with a BAC of .18 or greater and drinking in a motor vehicle. Patterson was stopped at 8:38 p.m. Monday by Deputy Joseph Corona.

Crystal L. Wojtkowiak, 19, of Attica, is charged with false reporting and obstructing governmental administration. Garry P. Pitz, 20, of Depew, is charged with false reporting, obstructing governmental administration, reckless driving and other traffic violations. Wojtkowiak allegedly claimed to be the driver of a 2004 black Chevorlet Blazer involved in a rollover accident April 12 on Bowen Road, Alexander. State Police investigated and determined Wojtkowiak wasn't in the vehicle at the time of the accident and that Pitz was the actual driver. Pitz was reportedly driving northbound no Bowen Road when he made an alleged unsafe start and lost control of the Blazer, causing it to go off the east shoulder. He then overcorrected and spun around, causing the vehicle to rollover, coming to rest in the field on the east side of the highway. No deer were involved.

John J. Haire, 67, of Chili Riga Center Road, Churchville, was charged with DWI and driving with a BAC of .18 or higher. Haire was arrested following a complaint of a man urinating in the Top's Market parking lot in the Village of Le Roy.

Law and Order: Accused child sexual abuser hauled in from Florida, jailed without bail

By Billie Owens

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.

Law and Order: Teen accused of selling drugs at high school

By Howard B. Owens

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.

Pembroke HS makes national list of 'most challenging' schools

By Howard B. Owens

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/

Pole and wires down in the roadway on Brown Road, Pembroke

By Billie Owens

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.

Scott Doll granted motion to obtain untested DNA evidence

By Howard B. Owens

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."

Law and Order: Alexander man charged with attempted arson

By Howard B. Owens

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.

Attorneys argue appeal of Scott Doll murder conviction

By Howard B. Owens

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.

Law and Order: Drug charges follow traffic stop in Stafford

By Howard B. Owens

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.

Law and Order: Elba woman arrested second time on five counts of criminal contempt

By Howard B. Owens

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.

Law and Order: Former Le Roy resident accused of cruelty to ducks and chickens

By Howard B. Owens
Howard Schultz

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.

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