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Batavia executive admits to skipping taxes for 4 years

By Howard B. Owens

Joseph P. Ryan, 52, a Batavia resident, admitted in an Albany court yesterday that he failed to file an income tax returns from 2004 through 2008.

The charge of failing to file is a misdemeanor.

Ryan is a vice president of Brighton Securities, which has an office in Batavia, but is headquartered in Brighton, a suburb of Rochester.

Before entering the plea, Ryan paid the state $57,749 in back taxes.

He was sentenced to one-year conditional release and a $5,000 fine.

(Source: Democrat and Chronicle).

'Shaken baby' defendant pleads guilty to attempted assault

By Howard B. Owens

A Batavia man accused of shaking a baby and hitting the infant's head on a hard surface, pled guilty this afternoon to one count of attempted assault in the 1st degree.

Dietrich Williams faces a sentence of three-and-a-half  to 15 years in prison, said District Attorney Lawrence Friedman, as part of a plea agreement.

Williams was charged with assault in the 1st degree and reckless endangerment of a child.

"Rather than take a chance on the more serious charge, we decided to get a plea on the Class C violent felony and give the judge the latitude to sentence him up to 15 years," Friedman said.

The higher class felony carried a maximum sentence of 25 years.

The baby is doing much better, according to the mother, who recently e-mailed The Batavian about the child's condition.

Two Elba bank robbers sent to state prison for their violent crime

By Howard B. Owens

Judge Robert Noonan said he still doesn't understand why Dennis M. Abrams decided to rob a bank in Elba on June 18, but even with the defendant's "Boy Scout" background, the violent nature of the crime compelled the judge to impose a serious prison sentence.

Abarams can expect to be separated from his wife and newborn baby in state prison for up to 13-and-a-half years.

When Noonan imposed sentence, a young woman sitting in the fourth row of the courtroom burst into tears, moaned, "thirteen and a half years," jumped from her seat and rushed toward the hallway doors.

As with the sentencing of accomplice Michael J. Wells 11 days ago, two former M&T employees spoke in court about the trauma of the bank robbery and how the events changed their lives.

"I would like Mr. Abrams to close his eyes and imagine what it would be like if his wife or his mother were on the floor with a gun to her head," said Patty Hackett, who was working as a teller the day of the robbery.

Both Hackett and former branch manager Theresa Claybourn read statements similar to their Dec. 10 testimony at the Wells sentencing (for audio of those statements, click here). And both had messages directly addressing Abarams and co-defendant Damone Dillon, who was also sentenced today.

Dillon, who acted as a lookout for Abrams and Wells, received the maximum term under his plea agreement, 10 years.

While Dillon had a prior criminal convection for dealing drugs, Abrams entered the Elba bank branch in June with a spotless record. According to his attorney, Daniel M. Killelea, Abrams was literally a Boy Scout, even while growing up in Buffalo's rough East Side.

"For lack of a better term," Killelea said, "he was a nerd."

"Dennis should not have come anywhere near anything like this in his life," Killelea said. "This was not a person heading down the road of committing a violent criminal offense. This is somebody who was held out as a person of achievement in his community."

At one time, Abrams was on track to become a cop in Atlanta, until a hiring freeze derailed his plans. Meanwhile, he took a job in a collections agency, which is where he met his wife. Together, they earned more than $150,000 a year. At the time he entered the Elba M&T Bank branch, Abrams had $2,000 in cash in his pocket.

Yet, Abrams conceived of the robbery, convinced his buddies to join him, carried his own registered handgun, drove his car from Buffalo to Elba, switched license plates on the car and drove himself , Wells and Dillon to the bank. After the robbery, he drove during the getaway attempt. At best, for his part in the actual robbery, he came in waving his loaded gun "Rambo style" (as Patty Hackett put it) and at worst, he held that same gun to Hackett's head (Killelea suggested that it was Wells who held a pellet gun to Hackett's head, not Abrams).

"Judge," said Killelea, "this is somebody who was so naïve of the process, so unsophisticated, that I've asked and I know we've discussed (motioning toward District Attorney Lawrence Friedman), why, if he needed money, didn't he simply just embezzle from his employer, a collection agency?

"The simplest explanation I can think of is that there is no movie or TV show about somebody embezzling from an office like that. He must have gotten the idea from movies or television, and he didn't associate with people doing that sort of thing."

Before imposing sentence, Judge Noonan spoke at some length about how puzzled he remains about this case.

"This case reaches out to hyperbole to say that this may go down as the most puzzling case I've ever heard," Noonan said. "I can't find anything about you that wouldn't say that you would not have been voted in high school the person least likely to rob a bank."

Noonan said he will probably wonder for years about why Abrams decided to violently rob a bank.

For their part, both Abrams and Dillon turned to Hackett and Claybourn and said they apologized.

Dillon, sentenced first without Abrams in the room, made near a full turn toward the first row of the courtroom and seemed to look both Hacket and Claybourn in the eyes when he spoke.

"I did wrong," Dillon said. "I apologize. I'm sorry that happened to you all. I wish I could take it all back. I can't, so all I can say is I'm sorry."

His contrite body language, however, turned to visible agitation when Noonan pronounced his maximum available sentence. Dillon immediately folded his arms tightly and his facial expression was tense.

When Abrams was asked to speak, he never fully turned toward the first row, and would look away occasionally.

"I'm sorry. I honestly had no intention of hurting anyone," Abrams said. "I'm sorry once again for causing this stressful...I'm sorry from the bottom of my heart. I didn't mean to put you through anything like that."

After court, his uncle, John Abrams, who works in law enforcement in the City of Buffalo, said the entire Abrams family feels remorseful for what the bank employees went through that day.

"Our family is very remorseful," John Abrams said. "We hope they can get on with their lives. As a family, we are very remorseful that it happened."

Abrams added that Dennis is also remorseful and has fully cooperated with law enforcement since his arrest.

"We still support him as we always have as a family," Abrams said. "And we want to thank the judge for giving him a chance to express his remorse."

Claybourn and Hackett left the courtroom through another exit and were not available for comment following the sentencing.

Border Patrol says it notified local law enforcement of alleged illegal border crossing

By Howard B. Owens

The driver who crossed into the U.S. from Canada on Saturday morning simply did not stop at the border crossing, a U.S. Border Patrol spokesman said today.

Border Patrol agents and other law enforcement agencies in the border region were immediately notified of the 6:30 a.m. border crossing and a description of the car was transmitted to patrols. 

"We made an attempt to locate (the car)," said Kevin Corsaro. "She took a road we didn't take."

It wasn't until 7:45 a.m., when a Genesee County Sheriff's deputy clocked a car allegedly speeding at 90 mph on Route 5 in Le Roy, that U.S. law enforcement found the possible suspect vehicle.

That interception started a high-speed chase that involved a half-dozen law enforcement agencies and passed through Downtown Batavia and the Village of Albion before the driver lost control of her car on Route 18.

It wasn't until after the crash, according to Sheriff Gary Maha, that his office became aware of the alleged illegal border crossing and that the car his deputies just spent 15 minutes chasing, matched the description of the suspect vehicle.

Deputy J.L. Baiocco didn't know, according to Maha, that a car had zipped through the border without stopping or that the car he observed allegedly driving erratically on Route 5 might be driven by a suspect who allegedly entered the country illegally.

Lt. Eugene Jankowski of the Batavia Police Department also told us Saturday morning that the police department received no notification of an alleged illegal border crossing and that a suspect was on the loose somewhere in Western New York.

Corsaro was adamant, however, that standard procedures were followed and that all law enforcement agencies in the region were duly notified and that a description of the suspect vehicle was distributed to area law enforcement.

Corsaro was also careful to note that the woman who was eventually arrested at the end of a chase that exceeded 100 mph at times may not be the same driver who crashed through the border.

"We have not had a chance to interview her yet," Corsaro said. "She's still in the hospital."

In fact, Crystal Pinnock, 23, of Ontario, Canada, the suspect driver, is listed in satisfactory condition at Strong Memorial Hospital.

Previously:

Sentencing in Elba Robbery

By Howard B. Owens

Demone Dillon, who acted as a look out in a robbery of the M&T Bank in Elba, received a 10-year sentence this morning, the maximum sentence available to Judge Robert Noonan under terms of a plea deal made earlier.

Dennis Abrams, who planned the robbery, is entering the court now for sentencing.

UPDATE: Abrams receives 13-and-a-half years in state prison.

UPDATE: Full coverage posted here.

Police Beat: Le Roy man accused of writing $1K in checks on closed account

By Howard B. Owens

Aaron L. Heale, 28, of 8 School St., south apartment, is charged with grand larceny in the 4th degree and one count of criminal possession of a controlled substance. Heale is accused of purchasing more than $1,000 in merchandise from a local store using checks from a bank account that had been closed for years. The investigation by Le Roy Police Detective John Condidorio began in November 2009. On Dec. 16, Det. Condidorio -- along with members of the Le Roy Police Department, the Genesee County Sheriff's office and the Genesee County Local Drug Enforcement Task Force -- executed a search warrant on Heale's apartment. Heale was not present at the time. Condidorio reports that during the search, evidence of the alleged grand larceny was found along with drug paraphernalia. Heale was located on Dec. 20 at a residence in the village and arrested. He was jailed on $1,500 bail.

Linda L. Snyder, 27, of 6 Lewis Place, Batavia, is charged with disorderly conduct and endangering the welfare of a child; Paula A. Kingsley, 34, of 8 Lewis Place, Batavia, is charged with disorderly conduct. Snyder and Kingsley were allegedly involved in a neighbor dispute at 4:05 p.m. on Sunday. Snyder is also accused of grabbing a 15-year-old girl and fighting with her. Both were jailed on $1,000 bail.

Ralph G. Depema, 33, of 854 Whitier Road, Spencerport, is charged with aggravated unlicensed operation and unsafe turn. Depema was reportedly stopped by Officer Chris Camp Ellicott Street at 11:35 a.m. on Sunday. After the stop, it was discovered that Depema was driving despite his license reportedly being suspended 16 times. Depema was jailed on $1,000 bail.

Joshua P. Garcia, 26, of 14 Marchall Ave., Akron, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Deputy Kevin McCarthy responded to a report from the T/A Travel Plaza of a person who reportedly passed out in the dining area and then refused to leave. Upon interviewing Garcia, McCarthy determined that he allegedly drove to the location.

Brian L. Smith, 48, 4128 Colonial Blvd., Batavia, is charged with aggravated harassment in the 2nd degree. Smith allegedly made repeated contacts via online communication with a woman in Florida after she had repeatedly asked him to stop. Investigator Kristopher Kautz characterized the communications as "harassing and alarming in nature."

Philip Anthony Caccamise, 27, of 65 South St., Le Roy, is charged with harassment. Caccamise allegedly grabbed a friend and threw him to the ground.

Glenn W. Viehdeffer, Jr., 59, of 7628 Lewiston Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and inadequate/no muffler. Viehdeffer was stopped for an alleged traffic violation by Deputy Jason Saile on South Pearl Street Road in Oakfield at 1:42 a.m. on Saturday.

Eric W. Kubik, 23, of 2160 Phelps Road, Basom, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Kubik was stopped by Deputy Howard Carlson on Route 5 in the Town of Le Roy at 2:40 a.m. on Saturday.

John C. Bertini, 51, of 2419 Pratt Road, Corfu, is charged with unlawful possession of marijuana. Bertini was stopped by Deputy Kevin R. McCarthy on Indian Falls Road for an alleged improper headlight at 2:08 a.m. on Sunday.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. Deputy Kevin McCarthy investigated a car parked partially on the pavement on Gabby Road in Pembroke at 4:54 a.m. on Saturday. He found the youth allegedly in possession of marijuana.

Ricky N. Porter, Jr., 19, of 1 Walnut St., Batavia, is charged with assault in the 3rd degree and criminal contempt in the 1st. Porter allegedly violated a court order of protection by pulling the hair of a girlfriend and then hitting her numerous times in the head and face. Porter was jailed without bail.

Joshua G. Bachorski, 26, of 11 Pringle Ave., lower, Batavia, is charged petit larceny. Bachorski allegedly stole a bottle of liquor from Mr. Wine and Liquor.

Amanda M. Elliott, 25, of 18 1/2 Walnut St., Batavia, is charged with petit larceny. Elliott allegedly shoplifted items from Tops.

Julia R. Sallade, 18, of 9845 Roanoke Road, Pavilion, is charged with petit larceny. Sallade allegedly attempted to steal $368 worth of clothing and jewelry from JCPenney.

Three candy canes stolen from Christmas dectorations

By Howard B. Owens

Somebody is getting a lump of coal in his stocking this year. Santa is not happy.

Three candy canes have been stolen from the yard of a Monclair Avenue home in Batavia.

A police officer is on his way to take a larceny report, but we're sure Santa already knows.

Woman who reportedly crashed through border crossing chased through Genesee County

By Howard B. Owens

A woman who allegedly crashed the U.S. border crossing from Canada, somehow managed to elude law enforcement until a Genesee County Sheriff's Deputy spotted her 2000 Hyundai westbound on Route 5 in the Town of Le Roy this morning.

When Deputy J.L. Baiocco attempted to stop the car at 7:45 a.m., the driver reportedly sped away, which began a pursuit with speeds exceeding 100 mph.

It's unknown if Baiocco was initially attempting to stop the car for an alleged traffic violation, or if the Sheriff's Office had been supplied with a description of the suspect vehicle.

When City Police learned of the pursuit, Lt. Eugene Jankowski attempted to lay a spike strip on East Main Street at Summit and Liberty, but was unable to get the device down in time. The car got to the city too quickly, Jankowski told us this morning.

"It was going so fast that it was kicking up a cloud of salt dust," Jankowski said. "There was zero visibility behind it."

In Batavia, the driver reportedly made a right turn on Route 98 and headed north. City police broke off its part of the pursuit at the city limit. State police joined the pursuit at that point and Orleans County Sheriff's deputies took lead in the pursuit when the Hyundai passed into Orleans.

According to a Genesee County Sheriff's Office release distributed this afternoon, after passing through the Village of Albion, the woman lost control of her car on westbound Route 18 and crashed, allowing Orleans law enforcement to apprehend her.

Taken into custody, and transported to Strong Memorial Hospital for minor injuries, was Crystal Pinnock, 23, of Ontario, Canada.

It's unclear how Pinnock managed to elude the Border Patrol after allegedly entering the United States.

The Sheriff's Office said charges are pending in every jurisdiction that the car reportedly passed through and the investigation is ongoing.

High-speed chase passes through Batavia this morning

By Howard B. Owens

A small, dark-colored car raced down Main Street at more than 100 mph this morning a little before 8, but little information is available yet about the nature of the chase.

The vehicle was being pursued by a Sheriff's deputy, but the Sheriff's Office has little information to release at this time.

Sheriff Gary Maha answered an e-mail and said, "This is a female from Canada and she may have crashed the border early this morning. Still under investigation."

Lt. Eugene Jankowski said when he heard about the pursuit -- which may have started in the Town of Le Roy, just east of Stafford, at about 7:45 a.m. --  he tried to get spikes down on East Main Street at Summit and Liberty. But the car was past his location before he could get positioned.

"I couldn't get the strip out in time," Jankowski said. "It was going so fast that it was kicking up a cloud of salt dust. There was zero visibility behind it."

The car zoomed through downtown at least 100 mph, Jankowski said and turned right onto Route 98. City police participated in the pursuit up to the city limits.

A reader wrote in this morning:

It looked like a dark Neon going from Stafford into Batavia followed by a Genesee County Sheriff's vehicle just before 8 a.m. A Sheriff's S.U.V. was parked on the side of East Main Street waiting (it turned around and gave chase). The car was traveling around 80+ mph. Several other police vehicles gave chase from the Tim Horton (restaurant) area.

Jankowski estimated that it took the car less than 15 minutes to get from Le Roy to Albion.

There is no word yet on what happened to the car and driver from that point.

Jankowski said the police are conferring with the District Attorneys office on what, if any, charges to file against the driver. One consideration, Jankwoski said, is that the driver is going to face multiple charges in other jurisdictions and what and where to charge the driver will be a matter of efficiency.

UPDATE: A reader writes;

According to my scanner, Orleans County was unable to set spikes as well. She  made it to 104 where she flipped it.  She was in custody and will be facing  numerous charges, including failure to obey traffic signals, speeding, etc.  The various departments involved were Genesee County Sheriff, Orleans County Sheriff and Albion PD.

Police Beat: Oakfield man charged with grand larcney

By Howard B. Owens

Gerald C. Rosario, 45, of Oakfield, is charged with grand larceny in the fourth degree for allegedly stealing a credit card. Rosario was arrested by State Police on Wednesday in Albion at 11:48 a.m. He was issued an appearance ticket. No further details are available

Tiffany Joy Howard, 19, of 5049 E. Main St., rear, Batavia, is charged with harassment. Howard is accused of being verbally abusive and making physical threats to another person over a period of time.

Michael B. Marchese, 48, of Stafford, is charged with criminal contempt. Marchese was arrested by State Police in the Town of Batavia on Wednesday at 8:31 p.m. He was released on an appearance ticket. No further details available.

UPDATED: The following reports came in just after I posted the initial Police Beat.

Ronald K. Nobles, 65, of 74 Thistlewood Lane, Spencerport, is charged with DWI, aggravated DWI and failure to keep right. During the investigation of another car accident at 9:25 last night on Gulf Road in the Town of Le Roy, Nobles allegedly drove his car off the right shoulder and struck a utility pole. Upon further investigation by Deputy M.R. Butler, it was determined that Nobles was allegedly driving drunk. He was issued an appearance ticket.

Steven M. Binder, 20, of 9364 Creek Road, Batavia, is charged with criminal contempt, 2nd degree. Binder is reportedly the subject of an order of protection requiring him to stay away from GCC, where his ex-girlfriend attends classes. On Tuesday at 1:30 p.m., Binder was allegedly found on campus.

Sheriff's Office: Don't get stung

By Howard B. Owens

If somebody calls you up and says you just won $1.2 million, it's not necessarily your lucky day.

A Corfu resident who recently received such a call on his mobile phone, did the smart thing and asked a few questions. The caller identified himself as Detective Brown and said that the lottery was "100 percent verified by the United States Government."

When the Corfu resident inquired about how Det. Brown obtained his mobile number, the caller mentioned something about paying bills online and buying goods "at a favorite grocery store."

The would-be victim figured out that the area code for Det. Brown was in Jamaica.

After getting off the phone, the complainant, who is on a "Do Not Call List," contacted Verizon Wireless and asked how this phony could have obtained his number. A Verizon operator said the company is aware of this particular scam, but did not explain, according to the Sheriff's Office, why the Corfu man's phone number was compromised.

Investigator Roger Stone warns residents to be especially aware during the Holiday Season of scammers and bunko artists. Many grifters will often try to obtain key personal and account information on the promise of sending large sums of money. Some flimflammers will ask "marks" for advance payment for insurance or shipping, etc., before claimed winnings or windfalls are transferred.

Would-be marks are encouraged to first, don't fall for the con, and second, report the incident to their local law-enforcement agency.

Suspect in Le Roy meth lab bust now accused of passing a fake $10 bill

By Howard B. Owens

A Le Roy man arrested last week as part of a suspected meth production ring is now accused of also passing forged currency.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arrested by Det. John Condidorio of the Le Roy PD on one count of attempted criminal possession of a forged instrument in the 1st degree and one count of criminal possession of a forged instrument in the 1st degree.

Elmore allegedly attempted to pass a forged $10 bill at a store in Le Roy on Sept. 22. When the clerk recognized the reportedly fake bill, he told Elmore the $10 bill was counterfeit. Elmore reportedly tried to take the bill back, but the clerk wouldn't let him and the clerk called police. Elmore then allegedly fled the scene. The clerk provided police with a vehicle description and license plate number.

The business had reportedly filed prior complaints of counterfeit bills coming in.   

Elmore remains in Genesee County Jail on $75,000 bail from his arrest on the criminal possession of a controlled substance charge related to the alleged meth lab at 28 Clay St. No additional bail was levied on the forged instrument charges.

Teen arrested for allegedly using stolen credit cards for online purchases

By Howard B. Owens

A resident of College Village has been accused of stealing two credit cards and charging more than $1,400 in online purchases.

Fransnosha J. Cook, 18, of 8170 Batavia-Stafford Townline Road, Batavia, is charged with grand larceny in the 4th degree and two counts of criminal possession of stolen property.

Cook was arrested yesterday at 8:45 a.m. by Investigator Kristopher Kautz.

Following arraignment in Batavia Town Court, Cook was released on his own recognizance.

Police Beat: Two marijuana charges, one shoplifting charge

By Howard B. Owens

Valene May Blackwell, 26, of 22 Tracy Ave. Batavia, is charged with petit larceny. Blackwell is accused of shoplifting $35.91 in items from Kmart.

Ryan M. Bobzin, 21, of Byron, is charged with unlawful possession of marijuana and driving a vehicle with a suspended registration. Bobzin was reportedly stopped by State Police on Route 237 in Byron on Monday at 10:45 a.m.

Jonathan A. Brenkus, 21, of Elba, is charged with unlawful possession of marijuana, aggravated unlicensed operation and driving in excess of 55 mph. Brenkus was reportedly stopped by State Police on Route 33 in Stafford Monday at 8:50 a.m.

Bomb threat at Byron-Bergen lands 17-year-old in jail

By Howard B. Owens

A bomb threat was scrawled on a bathroom wall at Byron-Bergen High School today, and two youths have been charged with a felony as a result.

One student is 17 years old and the age of the second suspect was not released.*

Both are charged with falsely reporting an incident in the 2nd degree and conspiracy in the 5th degree.

The two students allegedly conspired in order to get out of school

The older suspect was jailed on $1,500 bail.

*NOTE: while the Sheriff's Office released the name of the first suspect, it is the policy of The Batavian not to identify possible Youthful Offenders who are not at least 18 years old, except for, in our sole discretion, serious crimes. In New York, defendants can be adjudicated a Youthful Offender through his or her 19th year. (We generally identify suspects at age 18 and 19.)

Police Beat: Obscene language and name calling leads to disorderly conduct charge

By Howard B. Owens

Michael Joseph Raphael, 20, of 4 Noonan Ave., Batavia, is charged with disorderly conduct. Raphael was arrested yesterday at 5:17 p.m. for allegedly using obscene language and calling another person a name.

A 17-year-old from Darien Center was arrested by State Police arrested and charged with assault and menacing in the third degree. The alleged incident was reported Dec. 4 at 11:27 a.m. No further details were released.

Police Beat: Argument over dogs leads to alleged assault with cane and shovel

By Howard B. Owens

John A. Bilodeau-Redeye, 57, of 493 Bloomingdale Road, Akron, is charged with assault, 2nd degree and menacing in the second. Bilodeau-Redeye reportedly became involved in an argument with his wife over their dogs. Bilodeau-Redeye allegedly struck his wife with a cane and then grabbed a pistol and a shovel. Bilodeau-Redeye then allegedly struck his wife with the shovel while holding the pistol. The incident was investigated by Deputy Kevin McCarthy.

Michael J. Lopez, 26, of 7 Chestnut St., Apt. 3, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and unsafe lane change. Jose Juan Santiago-Burgos, 21, of 8029 Telephone Road, Le Roy, is charged with criminal possession of a weapon, 4th; and, Derrick J. Krager, 19, of 32 N. Lyon St., lower, Batavia, is charged with disorderly conduct. Lopez was stopped by Officer Dan Coffey on Sunday at 9:37 p.m. for an alleged unsafe lane change. Officer Matthew Baldwin assisted. During the stop, the officers reportedly found Santiago-Burgos in possession of brass knuckles. As for Krager, he allegedly became upset with the police during the traffic stop and punched the car.

Sean J. Allen, 21, of Buffalo, is charged with DWI, refusal and assault, 3rd degree. Allen was arrested after Trooper Tim Ferris observed an apparently disabled blue sedan on Route 33 on Thursday. When he approached the vehicle, he reportedly found a man sleeping in the driver's seat. The woman in the passenger seat claimed the driver, Allen, had punched her in the face. Allen was jailed on $1,500 bail.

Jesse Alvin Russell, 20, of 33 Williams St., upper, Batavia, is charged with unlawful possession of marijuana and possession/consumption of alcohol, under 21. Russell was stopped on Route 98 in the Town of Alexander by Deputy Patrick Reeves. He reported finding marijuana in Russell's vehicle.

Curtis M. James, 29, of 107 Watson St., Batavia, is charged with DWI, consuming alcohol in a vehicle and failure to dim headlines. James was stopped on Ellicott Street by Officer Thad Mart on Sunday at 2:35 a.m.

Frank R. Oneil, 61, of 3591 Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and improper tail lights. Oneil was stopped by Officer E.E. Bolles on Sunday at 3 a.m. on W. Main Street.

Jeffrey Allen Hoag, 40, of 2058 Black Street Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Hoag was charged after his car reportedly struck a tree at 7550 Route 20 in Pavilion.

David M. Bohn, 34, of 8069 Kelsey Road, Batavia, is charged with DWI, failure to keep right, operating with a suspended registration and leaving the scene of a property damage accident. On Thursday, the Sheriff's Office received a report of a two-vehicle accident at 3298 Pratt Road. One pickup truck reportedly sideswiped another and knocked off its side mirror. The suspect vehicle reportedly failed to stop. Shortly after the report of the accident, Deputy Patrick Reeves located the suspect vehicle and arrested Bohn on suspected DWI.

Alexis Anne Czaja, 27, of 60 Drake St., Oakfield, is charged with disorderly conduct. Czaja was taken into custody in Batavia on a bench warrant for failure to appear on the disorderly conduct charge.

Rolando Garcia-Perez, 38, of 15 West Ave., Elba, is charged with illegal entry into the United States. Garcia-Perez was arrested and turned over to the Border Patrol following a one-car accident on Monday at 6:54 a.m.

Derrick W. Jackson, 22, of Oakfield, is charged with menacing in the 3rd degree, criminal mischief, harassment, aggravated harassment and endangering the welfare of a child. Jackson was arrested by State Police on Sunday at 1:51 a.m. No further details provided.

Crime Wave! Kids and Snow Balls!

By Howard B. Owens

There have been at least three complaints around the city today, and one elsewhere in the county, of kids throwing snowballs -- at cars, at businesses, at people and at a house.

A window was broken.

Just saying ...

Woman admits to false claims on food stamp forms

By Howard B. Owens

A Batavia woman who admitted this morning to defrauding the Department of Social Services out of $9,278 has until Feb. 12 to pay it all back or face up to two years in prison.

Tami Mileham made a $2,000 payment this morning.

If she makes the remainder of her scheduled payments, she's looking at much less time in jail after pleading guilty to two counts of offering a false instrument in the second degree.

Mileham admitted to making false statements on food stamp applications about a person living in her residence at the time.

Her reduced sentence could either be 60 days in jail, or 60 days of jail time staggered over four months. Otherwise, each count carries a one-year prison term and those terms could be imposed consecutively rather than concurrently.

Child in 'shaken baby' case doing much better, says mother

By Howard B. Owens

A baby who was shaken and once described by District Attorney Lawrence Friedman as in grave condition is doing much better according to her mother.

This morning we received this e-mail from the mother (who asked that we not use her name):

I want to let everyone know the baby is doing excellent so far. She has made lots of progress. She is taking steps on her own and with help sometimes on her own holding onto to something. She is starting to use her right hand with lots of exercises. She knows the people who have been around her. She dances in her chair when she hears music. She is pretty much almost herself. With lots of prayer from people who know her and people who don't know her, she has come a long way.

Dietrich Williams is accused of shaking the baby girl and slamming the baby's head against a hard surface. He is awaiting trial on charges of assault in the first degree and reckless assault on a child. He pled not guilty to the charges in July. Williams reportedly worked with the mother in Le Roy and was acting as a sitter at the time of the alleged assault.

The mother said she's struggling because she's not working, but "all that counts is that she is getting better."

She said the baby, who will be two in March, is speaking single words and is getting therapy every day.

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