Stafford

Ernest A. Smith, 36, of Penway Street, Philadelphia, is charged with forgery, 2nd, and falsifying business records, 2nd. Smith was arrested at Darien Lake at 9:15 p.m. Wednesday on charges of trespass and false personation. He was transported to the Genesee County Jail where he allegedly provided a false identity of Calvin W. Smith III and forged that name on documents. He was jailed on $25,000 bail, $50,000 bond.

Russell Ray Miles Jr., 50, East Main Street, Batavia, is charged with criminal mischief. Miles is accused of intentionally breaking the front grill of a vehicle that was for sale on East Main Street, Batavia, at 4:54 p.m. June 21.

John A. Stoneham, 54, of Bethany Le Roy Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Stoneham was stopped at 10:03 p.m. Thursday on West Main Street, Batavia, by Sgt. Andrew Hale.

Stacy Lynn Parks, 38, of East Avenue, Hilton, is charged with DWI, felony DWI with a passenger less than 16, driving with a BAC of .08 or greater, and endangering the welfare of a child. Parks was stopped at 11:14 p.m. Wednesday on Route 20, Darien, by Deputy Erik Andre. Parks allegedly had a 1-year-old child in her car.

Rachael M. Lochner is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on April 4 in the Town of Pavilion that Lochner drove a 2016 Mazda on South Street Road while having a BAC of .08 or more and while a child age 15 or less was a passenger in the vehicle. In counts two, three and four the same crime is alleged while a second, third and fourth child, respectively, ages 15 or less, were passengers in the vehicle. In count five, she is accused of aggravated driving while intoxicated, per se, as a misdemeanor, for having a BAC of .18 or more at the time.

Brandon C. McCoy is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Jan. 27 in the Town of Pembroke that McCoy possessed brass knuckles. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of fourth-degree grand larceny, a Class D felony, on Aug. 3 in Wyoming County Court. That conviction forms the basis for the current indictment.

Brandon C. Morgan and Kyle Z. Morgan are indicted for the crime of criminal possession of marijuana in the third degree, a Class E felony. It is alleged that on Feb. 13 in the Town of Stafford that they knowingly and unlawfully possessed one or more prepartation, compounds, mixtures or substances containing marijuana that had an aggregate weight of more than eight ounces.

Carl William Altman, 54, of Clipnock Road, Stafford, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving a motor vehicle on a sidewalk, and unregistered motor vehicle. Altman was arrested following an investigation by Deputy Eric Meyer at 10:47 p.m. Tuesday at Darien Lake Theme Park, into a report of a vehicle driving on a sidewalk in a densely populated area. Altman was jailed on $2,500 bail or $5,000 bond.

Trisha Marie Craig, 24, of South Lake Avenue, Bergen, is charged with endangering the welfare of a child. Craig is accused of failing to secure her residence and allowing her 4-year-old son outside the residence unsupervised for an extended period of time. The child was reportedly found walking on Route 19 in the Village of Bergen.

Debora Marie Donoghue, 48, of East Avenue, Holley, is charged with criminal contempt, 2nd. Donoghue allegedly violated an order of protection May 20.

A driver involved in a two-car accident that injured four people, including himself, on Thursday, said that he made a sharp turn because he was traveling too fast when his GPS told him to make a turn.

According to the accident report prepared by Deputy Eric Andre, the driver failed to keep right as he made the turn where Byron Road turns northeast at Fotch Road causing the 2014 Buick sedan he was driving to cross into the opposite traffic lane. The driver's side front end of the Buick struck the passenger side front end of a Chevy Suburban.

Joshua Alamokelley, 18, of Raymond Drive, Brockport, was cited for failure to keep right, speeding, and failure to signal a turn. 

The accident was reported 6:42 p.m.

Alamokelley suffered minor injuries and was transported by Mercy EMS to Strong Memorial Hospital. His three passengers were also transported to Strong: Rebecca Kerstetter, 19, Kenneth D. Thuman, 22, and Sabrina Sample, 19.

The driver of the other vehicle, Paul Burch, 38, of Townline Road, Byron, was not injured.

The Buick Alamokelly was driving was registered to a resident of Hamlin.

Photos submitted by Timothy Motyka.

Jayson M. Connolly, 43, of Le Roy, has been charged with grand larceny, 4th, identity theft, 2nd, unlawful possession of personal identification, 3rd, and a parole violation. Connolly was arrested by State Police in Warsaw following an investigation into the theft and use of a stolen credit card. He allegedly completed three transactions at three different locations with a total value of $987. He was ordered held in the Wyoming County Jail and is scheduled for a felony hearing in Wyoming County tomorrow.

Jeffery Thomas Dutton, 27, of Buell Street, Batavia, is charged with trespass. Dutton is accused of trespassing on property on Macomber Road, Oakfield.

Mindy Lee Stanley, 39, of Lewiston Road, Batavia, is charged with: DWI; driving with a BAC of .08 or greater; aggravated unlicensed operation, 3rd; DWAI combined influence of drugs and alcohol; and driving while ability impaired by drugs. Stanley was stopped at 7:23 p.m. Saturday on Lewiston Road, Batavia, by Deputy Mathew Clor.

Steven Michael Carpino, 56, of Thompson Trail Drive, Dexter, is charged with unauthorized use of a vehicle, 3rd, and criminal mischief, 3rd. Carpino is accused of smashing another person's phone with a hammer during an argument at 9 p.m. Saturday on Conlon Road, Le Roy, and then taking that person's vehicle without permission.

Brett J. Beverly, 35, of Bergen, is charged with petit larceny. Beverly was arrested by State Police in connection with an incident reported at 2:20 p.m. June 12 in the Town of Batavia. No further details released.

Tajman A. Ball, 19, of Rochester, is charged with unlawful possession of marijuana. Ball was stopped at 8:29 p.m. Wednesday at Route 33 and Route 237 by State Police.

Darik R. Orbaker, 26, of Batavia, is charged with criminal contempt, 1st. Orbaker was arrested by State Police in connection with an incident reported at 7:55 p.m. Wednesday in the Town of Batavia. He was ordered held in jail. No further details released.

The third annual Stafford Firemen's Father's Day Retro Jam & Musicians Reunion is 1 to 7 p.m. on Sunday, June 17.

It will be held behind the Stafford Fire Department on Route 5 in Stafford.

Bring your own lawn chairs and coolers. A food truck will be available.

"Good fans, good families, good food, good music, good friends, good times!"

Band schedule is subject to change, but so far the lineup is:

• Ryan & Scott
• Front Porch Pickers
• Ghost Riders
• Rick Howe Band
• TONK! Bros.
• Patrice & Friends
• Rock-a-Bully's
• KW Does Country

A motorcycle accident with injuries is reported at 8525 Route 237, Stafford.

No word on whether other vehicles were involved.

Stafford fire and Mercy EMS dispatched.

UPDATE 10:15 a.m.: The patient will be transported to Strong.

A Monroe County musician who used to live in Stafford was sentenced to five years probation this afternoon, less time already served on interim probation, for his role in a Le Roy grand theft case.

Jonathan E. Seiger, about 56, was indicted in February of 2017 on 18 counts -- 17 Class E felonies and one Class A misdemeanor -- for unlawfully possessing and using a female friend's bank debit card. The charges also included criminal possession of stolen property and conspiracy.

His former roommate, Scott H. Spencer, was a co-defendant in the case. Between Aug. 5 and 15, 2016, the duo used the debit card at an ATM machine, along with the friend's PIN identification, to withdraw $1,660.

Seiger, who is speech and/or hearing impaired and requires a sign language interpreter, appeared in Genesee County Court with his attorney, Clark Zimmermann. He said his client's half of the restitution has been paid.

A May 16 report from the Probation Department and one from Unity Mental Health were filed, finding Seiger to be largely compliant with the terms of his interim probation. The felonies were reduced to misdemeanors.

But there was a violation of interim probation -- failure to appear in court as ordered -- prompting today's court appearance. 

"I think there are some incorrect statements (in the report) by the Probation Department," Zimmermann said. "The Probation Department doesn't recommend giving probation a chance. Mr. Seiger has done what he was required to do."

Judge Charles Zambito set probation to expire on Aug. 29, 2022 and ordered an order of protection for the victim until May 29, 2026.

Spencer, who is also now living in Monroe County and on probation in the case, is responsible for $830 for his half of the restitution, but it has yet to be paid. However, a payment schedule has been set up.

Assistant District Attorney Kevin Finnell asked the court to make Seiger obligated for the balance due if anything should happen to Seiger's partner in crime and he becomes unable to pay it.

The clerk of the court spoke up and said the actual amount due the victim totals $1,743 -- not counting the check that a friend of Seiger's sent to the D.A. Office for Seiger's portion.

"She will be made whole," Zimmermann assured the court.

Zambito agreed to put in his ruling that Seiger is obligated to any restitution money due if Spencer defaults -- or dies. He also agreed to transfer the case to Monroe County Probation Department; ordered that a DNA sample be submitted to the state database; and called for a search of Seiger's property or person at anytime by Probation authorities, as requested by the people.

Zimmermann objected to the search clause, saying his client is not a drug offender, nor does he need treatment.

"It is overly intrusive," Zimmermann complained.

There was a brief conference at the bench at that point.

When the proceedings resumed, Finnell said he takes issue with a waiver of the search order; it is not related to any treatment concerns for the defendant.

"When he was taken into custody for failure to appear, in January, inappropriate material was found on his cell phone -- it was believed to be child porn," Finnell said. "(After investigation) none was found, but the browsing history showed a search for child porn. So the search conditions are warranted."

Zimmermann was silent.

The judge said he received concerns from Probation about their ability to properly supervise Seiger, and he said he also has concerns about that. He then specified that Seiger be ready at any time to have his person, residence or anything under his control subjected to a search by the Probation Department.

He will have to abide by a curfew.

The judge declined to require Seiger to inform an employer of his criminal history.

He will have to provide authorities with his employment and education records, and will have to submit to therapy should that be recommended. Seiger cannot possess firearms. He has to have a substance abuse evaluation and a mental health evaluation done within the next four weeks.

Seiger -- who is stoutish, about 5' 6" with dark curly hair -- wore a dark suit and white shirt to court. He will not be required, as was requested, to write a letter of apology to the victim.

The probationer can have no contact with former roommate Spencer, unless he clears it with the Probation Department first. Spencer sometimes books and manages music gigs, so he can't avoid him entirely and still make a living, his attorney explained.

Because he still has a matter pending in Genesee County Court -- "a penal law 130" unspecified sex offense case -- Seiger will be allowed to travel to and from the courthouse.

He has 30 days to appeal the judge's ruling.

"Good luck, Mr. Seiger," Zambito said.

Tips from readers of The Batavian have led to the arrest of Michael R. Joanette, 52, of Pavilion, on a charge of criminal mischief, 3rd, for allegedly smashing in the window of a white Corvette parked May 21 at the Red Osier Landmark Restaurant in Stafford.

State Police say the photos taken from surveillance video posted on The Batavian resulted in numerous tips.

Following further investigation by troopers, Joanette was identified as the suspect and taken into custody Friday.

Following arraignment in Pavilion Town Court, he was jailed on $20,000 bail or $40,000 bond.

The man in these photos is wanted for questioning in an incident at Red Osier Landmark Restaurant in Stafford yesterday at about 1:50 p.m.

At about the time these photos were taken sombody showed up at the restaurant who may have had a weapon and banged on doors and windows and caused some damage. That person is also believed to have smashed out the windshield in the white Corvette in the photos.

The man in the photos is believed to have been driving the gray car in the background of the bottom two photos.

Anyone with information that may assist in the investigation is asked to call the State Police at (585) 344-6200.

Nancy Glazier and Garry Wilson led a group of farmers on a pasture walk Thursday on property Wilson rents off of Transit Road in Stafford to raise beef cattle.

Wilson said by fall he will have more than 70 head on the 200 acres he grazes.

Glazier, a small farm specialist with Cornell Cooperative Extension, said the purpose the pasture walk was to review Wilson's practices and perhaps advise him on changes he's considering to make better use of the land and give the grass a chance to grow and rest.

"It's a good way to learn is when you walk and talk," Glazier said.

Wilson's farm is based on Warsaw Road in Le Roy, where he once raised horses. He switched to cattle about six years ago.

He sells the beef he raises from his farm. He said while it's not certified organic, it's all raised "natural" and the meat is butchered at three local shops.

"I have 600 pounds of fresh ground beef in my freezer right now that is 98 percent (lean) for $3.50 a pound. I sell it from the freezer like that. Great stuff."

During the walk, he told his fellow farmers that raising beef is "just a hobby." Later he explained, "It's a hobby because, yeah, I enjoy it. That's why I call it a hobby."

He said was raised around cows and farming is in his blood.

"I enjoy being outside every day in the sun," Wilson said. "Even in the middle of the winter in a blizzard. I enjoy going out and feeding the cattle."

David Russell was auctioneer last night for the Stafford Garden Society's annual spring plant auction in the courtroom at the Stafford Town Hall. The society has about 50 members and has been conducting the plant auction for at least 20 years, according to a member.

It is a driver's responsibility to operate his vehicle in a safe manner, an appeals court has ruled in rejecting a claim by a woman seriously injured in an accident Dec. 8, 2016, in the Town of Stafford that the girlfriend who was texting with the other driver should be held liable.

Carmen Vega, of Le Roy, who was injured in the accident sued the family of Collin Crane,17, the other driver, who died as a result of the crash, and his girlfriend, Taylor Cratsley.

Genesee County Supreme Court Judge Emilio Colaiacovo dismissed Vega's claim in April 2017. The Appellate Division of the Fourth Judicial Department upheld that ruling.

"The court properly concluded that defendant had no duty to refrain from sending text messages to decedent," the appeals court wrote in its ruling.

A State Police investigation found that there was no evidence Crane tried to take evasive action after his car crossed the center line on Route 33 in Stafford, "suggesting that he was likely distracted."

An investor reported, "The cellular phone activity may have been the source of the distraction."

Vega's attorneys argued that Cratsley knew or should have known that Crane was driving and therefore should not have been sending him text messages.

Cratsley told police and later stated in an affidavit, that she was unaware Crane was driving at the time of the accident.

"Mrs. Cratsley added that often -- when the decedent was returning from work -- a family member would pick him up and drive him home," according to a court document. "Cratsley testified at her deposition that she never expected nor asked the Decedent to send her text messages or read text messages while driving. None of the text messages produced contradict Mrs. Cratsley's testimony."

Citing previous case law, the court said, "A defendant generally has no duty to control the conduct of third persons so as to prevent them from harming others, even where as a practical matter defendant can exercise such control."

Such a person, the court said, has no direct knowledge of what the driver is doing and less ability to control the actions of the driver.

"The same driver has complete control over whether to allow the conduct of the remote sender to create a distraction," the court wrote.

The text sender's actions, the court said, are as "innocuous" as a billboard by the side of the road, a sign outside a church, or a lemonade stand, all of which are intended to grab a driver's attention. To rule the text sender could be held liable would mean those responsible for these other distractions could also be held liable.

"We conclude," the court wrote, "the defendant owed no duty to the plaintiff to refrain from the conduct alleged, and therefore that she cannot be held liable for such conduct."

Photo: File photo.

Sometime in the 1940s, Leslie Krajeski's uncle purchased three oil-on-canvas portraits of people who were once prominent citizens in Genesee County -- Alfred Cary, and James and Susan Kelsey. The artist did not sign the portraits.

Alfred Cary was a brother of Trumbull Cary, Batavia's original postmaster and founder of the Bank of Genesee. He was born in Connecticut in 1777 and died in Batavia in 1855. He donated the land in Oakfield for the former Cary Seminary. James and Susan Kelsey were residents of Alexander and were associated with the Genesee Wyoming Seminary, which opened in Alexander in 1845.  

Krajeski called The Batavian after we did a piece about Noah North, a mid-19th century portrait artist from Alexander who painted portraits primarily in 1830s and 1840s in Genesee County and in Ohio. She wondered if these portraits could have been by North.

The portraits, however, do not seem to match the style of North. North was known as a folk artist. His style was flat and spare. Also, he painted primarily on wood. These portraits, on canvas, include backgrounds and shadows and details not visible in the North paintings available for comparison.

So, does anybody know who might have painted these portraits?

UPDATE 10 p.m.: Oops, Trumbull was not the first postmaster.  City Historian Larry Barnes provides this: " James Brisbane, appointed July 21, 1802, was the first.  Trumbull Cary came to Batavia in 1805 as an 18-yr-old teenager.  He was not appointed to the postmaster position until 1815.  However, there is a twist to the story.  Although Trumbull was not the official postmaster until 1815, in practice he discharged the duties of a postmaster beginning in 1805 when he worked as a clerk first for James Brisbane and later for his brother, Ebenezer Cary.  Ebenezer was the first official postmaster after James Brisbane."

Somehow Barney, who never goes out of the house, got out of his house on Fargo Road, between Clapsaddle Road and Sweetland Road, in Stafford.

Barney weighs 13 pounds, is an American shorthair and is declawed.  

"He's very friendly and deeply missed," said Adam Reich.

UPDATE 12:39 p.m.: Barney decided it was time to come home. He's safe.

Lynn M. Homer, 45, of Platten Road, Lyndonville, is charged with; aggravated unlicensed operation, 2nd; criminal possession of a controlled substance, 7th; driver's vision obstructed; and obstructed plate. Homer was stopped at 3:22 p.m. April 13 on West Main Street, Batavia, by Officer Christopher Lindsay. She was jailed on $1,000 bail or $2,000 bond.

Travis Lilbern Robert Bartz, 22, of Buell Street, Batavia, is charged with unlawful possession of marijuana. Bartz was allegedly found in possession of marijuana during an investigation into a complaint on Trumbull Parkway at 11:03 p.m. April 22 by Officer Mitchell Cowen.

Jacob A. Kasmarek, 19, of Fargo Road, Stafford, is charged with unlawful possession of marijuana and speeding. Kasmarek was stopped at 9:15 p.m. April 23 on East Main Street, Batavia, by Officer Christopher Lindsay.

Samuel McDonald III, 54, of Bank Street, Batavia, is charged with petit larceny. McDonald is accused of stealing two cans of beer from Tops at 6:39 p.m. Wednesday.

Matthew Frank Carney, 25, of Dodgeson Road, Alexander, is charged with DWI and driving with a BAC of .18 or greater. Carney was stopped at 12:55 a.m. Friday on East Main Street, Batavia, by Officer Arick Perkins.

Jesse James Sasiadek, 24, of Cayuga Creek Road, Cheektowaga, is charged with: DWI; driving with a BAC of .08 or greater; driving while impaired by drugs; driving while ability impaired by drugs and alcohol combined; and unlawful possession of marijuana. Sasiadek was stopped at 4:26 p.m. Sunday on Route 19, Bergen, by Deputy Erik Andre.

Jay Kenneth Feitshans Jr., 23, of Alleghany Road, Darien, is charged with petit larceny. Feistshans is accused of stealing property and selling it at a local business.

Stefanie S. Kitanik, 33, of Maltby Road, Oakfield, is charged with DWI, refusal to take breath test, uninspected motor vehicle, and no plate lamps. Kitanik was stopped at 2:09 a.m. Saturday on Maple Avenue, Oakfield, by Deputy James Stack.

David Wayne King Jr., 36, of Main Street Road, Batavia, is charged with endangering the welfare of a child. King is accused of falling asleep due to a prescribed medication and as a result, his 2-year-old son left his residence and was alone for a period of time.

Nelson E. Figueroa, 29, of Batavia, is charged with unlawful possession of marijuana. Figueroa was stopped at 10:40 p.m. Saturday on Route 33, Stafford, by State Police.

Icha R. Koirala, 28, a resident of the State of New York (exact town not provided), is charged with DWI, driving with a BAC of .08 or greater and speeding. Koirala was stopped at 9:18 p.m. Friday on Route 33 in Bergen by State Police.

Laura D. Vazquez Coronado, 38, of Elba, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in lane. Coronado was stopped at 4:39 p.m. Thursday on North Byron Road, Elba, by State Police.