crime

A fight is reported inside Wendy's restaurant on Main Street. The parties have dispersed, but are still on scene. City police are responding.

UPDATED 11:01 a.m. with information on origin of the spikes.

Parents who took their children yesterday to the Wildwood Park Playground in Le Roy discovered a potentially dangerous situation when they noticed four-inch metal spikes placed at the bottom of slides.

No children were reported injured by the spikes.

A total of three spikes, partially buried in the sand, were located, according to Le Roy PD.

The spikes appear to be the type used to anchor a rubber plate for a pitcher's mound and appear to have come from a nearby baseball field, Det. John Condidorio said.

"We do believe we know the origin of the spikes," Condidorio said. "We simply don't know who removed them and placed them in such a dangerous location."

The park is located on Munson Street Extension.

The mothers checked the rest of the playground and discovered no additional foreign objects.

Le Roy PD with the assistance of Village of Le Roy DPW used metal detectors to check all of the playgrounds in Le Roy and no other dangerous objects were found.

Investigators are looking for further information related to the incident and anyone with information is asked to call 345-6350.

Le Roy PD is investigating a daytime residential burglary at the corner of Exchange Street and South Street some time on Aug. 3.

The victim stated that between 5:40 a.m. and 3:50 p.m., a person entered an attached garage, broke a window to the entry door and attempted entry into the residence.

Anyone with information that may assist the Le Roy PD in the investigation is asked to call (585) 343-5000.

Raymond L. Leach Jr., 55, of 24 Munson St., Le Roy, is charged with criminal contempt, 1st, criminal obstruction of breathing/blood circulation and endangering the welfare of a child. Leach is accused of using his hands to choke another person. An order of protection for the victim was in place at the time of the alleged incident. The alleged incident occurred in the presence of a child at a location on Thorpe Street, City of Batavia. Leach was jailed on $5,000 bail.

UPDATE: Leach entered a guilty plea in Genesee County Court this morning in satisfaction of all the charges against him to one count of criminal contempt, 1st. The plea deal allows for shock probation (six months in jail followed by probation). When Judge Robert Noonan asked Leach to admit to choking his victim, Leach held a private conversation with his attorney, who then spoke with District Attorney Lawrence Friedman and Friedman agreed to amend the language of the charge to pushing his victim on the bed and causing her to fear for her safety).

Jamie L. Broadbent, 29, of 62 Swan St., Batavia, is charged with petit larceny. Broadbent is accused of shoplifting $115 in merchandise from a West Main Street business.

Robert L. Van Buren, 51, of 3 Willow St., Batavia, is charged with petit larceny. Van Buren is accused of stealing a bicycle from outside a business in Court Street Plaza on July 23.

Karen L. Stone, 45, of Elm Street, Le Roy, is charged with burglary, 2nd, a Class C felony, and petit larceny. Stone is accused of forcing her way into a residence of an acquaintance and damaging numerous items inside. Stone also allegedly stole items from the home. Stone was released under supervision of Genesee Justice following arraignment.

David J. Reschke, 21, of Transit Road, Stafford, is charged with seven counts of criminal possession of a forged instrument, 2nd. Reschke allegedly possessed seven forged checks of a friend and cashed the checks at different locations in the Village of Le Roy. Following arraignment, Reschke was jailed on $5,000 bail.

A Batavia man allegedly caught in the act of burglarizing a local church and later accused of trying to escape from jail was indicted by a Genesee County Grand Jury today on seven felony counts and four misdemeanors.

John Anthony Cabrera, 22, is charged with two counts of burglary, 3rd, one count of grand larceny, 3rd, and two counts of grand larceny, 4th, and escape, 1st.

The highest felony charge is a Class D felony.

The misdemeanor charges include three counts of criminal mischief and petit larceny.

Cabrera is accused of breaking into St. Paul's Church at 31 Washington Ave., Batavia, on July 21 and stealing three credit cards and $6,095 in personal checks, $354.36 in cash, $1,160 in gift cards, various keys, checkbooks and documents from the church.

The escape charge comes from alleged escape attempt -- Cabrera was reportedly found outside of the confined jail area, but still in the same building, technically constituting the alleged escape -- on July 24.

The city suffered a series of church burglaries in the weeks prior to Cabrera's arrest, but Cabrera has not been charged in any other break-ins.

Detectives reportedly gathered some DNA evidence at some crime scenes, but no word yet on whether Cabrera can be linked to the other burglaries.

Jolene Janelle Goodell, 32, of Attica Road, Attica, is charged with assault, 3rd, criminal contempt, 2nd, and endangering the welfare of a child. Goodell was picked up in the City of Batavia on a warrant out of Town of Alexander Court on the listed charges. Goodell was jailed on $2,500 bail.

William Delose Hirsch, 25, of Buckman Road, Bethany, is charged with unlawful imprisonment, 2nd. Hirsch was taken into custody by County Probation on an arrest warrant out of city court.

Local officials welcome new NYS Health Department regulations cracking down on the sale and possession of synthetic drugs, but also say the new rules are no substitute for aggressive legislation from Albany.

Gov. Andrew Cuomo made three stops across the state today to announce new rules against drugs he deemed more dangerous than crack cocaine or methamphetamines or heroin.

“It is a new face on a very old enemy. It’s an enemy that we fought decade after decade. The enemy is drugs, and it’s an ongoing battle. When you beat one manifestation of the drugs, it comes back in another form, sometimes more virulent.

But whether it’s crack cocaine or methamphetamines or heroin back in the old days, this is just the newest explosion of that old enemy. And in some ways it’s more dangerous and it’s more insidious, because this wasn’t sold in a back alley. This wasn’t sold on a street corner. This isn’t sold in the shadows. This is sold in broad daylight, over the counter in stores all across this state and across this nation.”

Unlike a previous health department ban on synthetic cannabinoids, which allowed only for civil penalties, the new emergency regulations give local police officers the power to arrest people found in possession of banned substances.

If convicted, a person caught selling or possessing one of the banned substances could be fined $500 or serve 15 days in jail, and while the new regulation (PDF) allows for multiple penalties for a shop owner caught with several packages of drugs, District Attorney Lawrence Friedman said he's concerned the new rules won't have the desired effect.

"When you consider the harm that we know is caused by these substances, I would like to see more teeth in the law," Friedman said.

When The 420 Emporium stores, along with the residence of the owner(s), were raided by the DEA on July 25, agents recovered more than $700,000 in cash.

Friedman said thinks the penalties need to be harsher than just a $500 fine, even if the fine and jail time can be strung together.

Sheriff Gary Maha expressed some of the same reservations.

Maha urged the Legislature to pass a bill that would make the sale or possession of synthetic compounds a violation of the law under the state's penal code, rather than just a violation of the public health law.

"This appears to be a 'Band-Aid' approach until the legislature enacts such legislation," Maha said. "It helps, but is not enough."

The new regulation bans a dozen specific compounds associated with the type of synthetic drug commonly known as "bath salts." 

While the state has already listed some "bath salt" compounds as controlled substances, the state doesn't have a comprehensive "analog" law (a law that bans substances that are the same or similar to already illegal controlled substances).

The new regulation does specifically cover analogs of banned substances. It also covers a wider variety of the more than 450 known synthetic cannabinoids.

While the regulation specifically states employees of stores selling such products can be prosecuted, the store owners (anybody with an ownership interest in the store) are also held to criminal liability even if not present at the time of sale.

Besides the fine and jail time, a store owner could lose his business.

Batavia PD Chief Shawn Heubusch wasn't available for comment today, but City Manager Jason Molino said the health department's new regulations were a topic on conversation today in a meeting between city staff and the county health department.

Molino said that while the new law seems to lack teeth, it is a step in the right direction.

He also pointed out that tonight is National Night Out and several neighborhoods in the city are actively participating, including the neighborhood around Pringle Park, which organized its own event this year.

"When neighborhoods get together, that is your more powerful enforcement tool," Molino said.

Inset photo: File photo.

A man is attempting to bust down the front door of a woman's house at 13 Hutchins St. in the City of Batavia. Police are responding.

Todd Allan Betts, 35, of Transit Road, Elba, is charged with reckless endangerment, 1st, endangering the welfare of a child, menacing, 2nd, criminal obstruction of breathing and harassment, 2nd. Betts was charged following the report of a domestic incident. Betts allegedly grabbed a woman by the throat and threw her to the ground. He allegedly pointed a shotgun in the direction of the woman and a child. Betts was jailed on $2,500 bail.

Tametha A. Wentland, 40, of Harlow Road, Darien, is charged with harassment, 2nd. Wentland is accused of physically contacting a victim. The incident was reported at 11:59 p.m., Saturday. Wentland was arrested by State Police.

Levi Winnie, 26, of 590 Council House Road, Basom, is charged with criminal mischief, 4th. The alleged incident was reported at 4:15 a.m., Saturday. Winnie was arrested by State Police on the Tonawanda Indian Reservation. No further details were released.

A suspect in a series of burglaries in Le Roy and Batavia who was taken into custody during an alleged break-in a week ago has been charged with one count of burglary.

Russell P. Cessna, 24, of 18 Pleasant St., Le Roy, was arrested after being allegedly caught in the act on Summit Street, Batavia.

Investigators say Cessna made forcible entry into the residence and stole jewelry, cash and coins.

Following a series of similar burglaries in Le Roy, Batavia and other parts of Genesee County, the Le Roy PD, Batavia PD and Sheriff's Office cooperated on an investigation and set up a surveillance detail, which led to Cessna's arrest.

Cessna was taken into custody and held in jail on a warrant for alleged violation of parole.

Additional burglary charges are pending. He will be arraigned in Batavia City Court at 1 p.m., Tuesday.

Brad C. Doward, of 10 Hall St., Batavia, is charged with criminal contempt in the first degree, endangering the welfare of a child, and harassment, 2nd. The 22-year-old was involved in a domestic incident Aug. 3 on Prune Street wherein he allegedly pushed a female acquaintance in the presence of a 10-year-old child. There's an order of protection in place directing the defendant to refrain himself from harassment against this female. He turned himself into the Batavia PD on Aug. 5, was arraigned and put in jail without bail pending his court appearance today at 1:30 p.m. The investigating officers were Frank Klimjack and Jason Ivison.

If you see anybody with a scooter that looks like this, Oakfield resident Lois Sutton is hoping you will contact the Sheriff's Office.

Sutton said this morning somebody stole her from Motofino scooter from her back yard. She thinks the look of the scooter is unique enough, and there are no local dealers, that it will stand out.

The Sheriff's Office can be contacted at 585-345-3000.

A Maple Street resident who admitted to welfare fraud will serve five years probation and must repay $11,341.18 after being sentenced in Genesee County Court.

Kerry Ackley, 39, admitted in May to a felony count of attempted grand larceny, 3rd.

She received benefits after failing to report her receipt of worker's compensation. She was originally charged with four counts of offering a false instrument for filing and the grand larceny charge.

Ackley is also barred from receiving food stamps.

A man who robbed a bank in Batavia in November 2007 entered a guilty plea in federal court on Friday, admitting to a total of five bank robberies in Western New York and Pennsylvania.

Michael Makolinski, 31, of Buffalo, faces up to 25 years in jail, a $1 million fine or both after pleading guilty to bank robbery.

“In his greed to steal the money of others, this serial bank robber thought he could prey upon banks located is some of our smaller communities, as well as in Buffalo,” said U.S. Attorney William Hochul. “As today’s convictions prove, the defendant’s belief was wrong.”

Besides the robbery of the Bank of America branch in Batavia, Makolinski, who appeared to display a gun in each robbery, hit banks in Erie, Pa., Irondequoit, Lewiston and Buffalo.

All of the robberies occurred between October 2007 and December 2007.

Sentencing is set for Nov. 13.

During the execution of a search warrant Tuesday at a residence on Junction Road, Pavilion, investigators allegedly found a quantity of psilocybin mushrooms, a quantity of mushrooms and some drug paraphernalia.

The resident, Richard T. Bairton, 52, was charged with criminal possession of a controlled substance in the 5th degree.

The execution of the search warrant was handled by uniformed members of the Sheriff's Office and assisted by the Local Drug Enforcement Task Force.

Bairton was jailed on $25,000 bail.

Deputies investigating suspicious activity last night reportedly found a pair of Attica men in possession of a loaded, sawed-off shotgun at a residence in Pembroke.

Both men reportedly have prior criminal convictions.

Charged with criminal possession of a weapon were Benjamin Lambert, 36, and Kayla Tyoe, 23.

Lambert and Tyoe were jailed pending further proceedings.

A motorist is failing to stop for law enforcement, which has been trying to get him to pull over for several miles on different roadways. The speed is slow. He's northbound on Swamp Road. The car the guy's driving has a stolen plate.

UPDATE 1:12 p.m.: The older-model Ford truck has a red and silver tailgate. The driver is a white male with a baseball cap worn backward. There's no front license plate and one of the front tires "looks like it's gonna blow." Monroe County authorities have been notified.

UPDATE 1:16 p.m.: Now the pursuit is eastbound on Reed Road. State Troopers are also responding.

UPDATE 1:17 p.m.: The truck drove onto a laneway east of Root Road and the subject is now in custody.

The following people were arrested Wednesday by the Sheriff’s Department during the WEDG Slipknot/Slayer concert at Darien Lake Performing Arts Center.

David A. Staley, 49, of Shumway Street, Buffalo, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Steven J. Pavone, 27, of West Squire Drive, Rochester, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Richard W. Lee, 23, of North Park Drive, Rochester, is charged with trespass after allegedly climbing a light pole inside the concert venue.

Peter Z. Torok, 51, of Salmon Creek Road, Brockport, is charged with DWI and driving with more than .08 BAC after allegedly driving in the parking lot intoxicated.

The following people were charged with unlawful possession of marijuana:

Jacob C. Berg, 21, of West Morris Street, Bath
Leanne P. Maniscallo, 30, of Point Breeze Street, Angola
Timothy M. Schultz, 31, of Angola Place, Angola
Michael D. Pilger, 40, of Caleb Avenue, Syracuse
Douglas W. Teed II, 30, of Cronk Road, Montour Falls
Gregory M. Crites, 31, of Mitchell Place, Lackawana
Richard A. Bieger, 27, of Longnecker Street, Buffalo

The following people were issued citations for alleged consumtion/possession of alcohol under age 21.

David Z. Custard-Jarosz, 19, of Hopkins Street, South Buffalo (two citations)
Jacob M. Parisi, 19, of Westmar Drive, Rochester
Amanda M. Scheiber, 19, of River Road, Niagara Falls
Timothy M. Zambito, 19, of Ward Road, Sanborn
Chelsea E. Printup, 17, of Poodry Road, Alabama
Joseph M. Nappo, 20, of East Center Road, West Seneca
Ryan J. McMahon, 19, of Towers Blvd. Cheektowaga
John M. Tredd, 20, of Pine Ridge Road, Busti
Chanda L. Germain, 19, of Prospect Street, Portage, Pa.
Tara L. Castle, 19, of Chapin Street, Seneca Falls

Regarding the lower number of underage drinking citations, Deputy Chief Gordon Dibble said Slipknot and Slayer draw a slightly older crowd than say, Toby Keith.

"We still went out looking for violations, we just didn't find too many," Dibble said.

Dibble didn't have the exact attendance figures, but the projected attendance (which the Sheriff's Office uses to guage the size of its enforcement and traffic detail) was 6,500.

A landowner contacted the Sheriff's Office and tipped them that there was a pot crop growing on another property. The caller was told this morning that law enforcement had a helicopter fly over the property to search for the marijuana and none was found.

The insistant tipster called back a few minutes ago, apparently to double-check on the status of the matter. An officer contacted the one who spoke with the caller earlier today and asked what to tell this guy.

The officer, sounding slightly annoyed, said "Like I told him this morning, we had a helicopter fly over the property and saw the plants and they weren't marijuana."

In other words, "There's NO POT growing on your neighbor's land."

Maybe they really are just weeds.

Stephen A. Lewis, 32, of 130 W. Main St., Apt. A, Batavia, is charged with disorderly conduct, resisting arrest and harassment, 2nd. Lewis was arrested following a report at 3:45 p.m., Friday, of two men arguing, with one of them possibly carrying a baseball bat, at East Main and Summit streets. According to Batavia PD, when a patrol officer attempted to interview Lewis, Lewis became irate and yelled obscenities. He continued, according to police, even after being warned to stop yelling and clean up his language. Lewis was placed under arrest and charged with disorderly conduct. Lewis struggled with officers. Once taken into custody by officers Eric Hill and Kevin DeFelice, Lewis was arraigned at city court and jailed on $1,000 bail. On the way to jail, Lewis allegedly threatened to kill Batavia PD officers, leading to the harassment, 2nd, charge. (Initial Report)

George M. Hodges, 22, of 9 Pringle Ave., lower, Batavia, is charged with disorderly conduct. Batavia PD officers responded to 9 Pringle Ave. at 11:46 p.m., Saturday, to investigate the report of a property dispute. While Officer Frank Klimjack was on scene, Hodges was allegedly irate and yelled obscenities. Klimjack reportedly warned Hodges to calm down, but Hodges allegedly continued yelling obscenities.

Brodes J. Gibson, 51, of 13 Thorpe St., Batavia, is charged with two counts of petit larceny. Gibson is accused of entering the Kwik Fill at 99 Jackson St. on two occasions and stealing two 18 packs of beer.

Joel S. Shelhorse, 24, of 23 West Ave., Elba, is charged with DWI, consumption of alcohol in a motor vehicle, operating in violation of a restricted use license, aggravated unlicensed operation and opening a vehicle door interfering with traffic. Shelhorse was taken into custody following a report at 8:46 a.m., Sunday, of a male and female arguing on South Main Street.

David A. Kendall, 40, of 215 Bank St., Batavia, is charged with trespass. Kendall is accused of entering a neighbor's property at 4:45 p.m., July 21, without permission.

David M. Smith, 26, of Pavilion, is charged with criminal possession of a weapon, 4th. Smith was arrested by State Police following an incident reported at 10:20 p.m., Sunday, in Darien. No further details released.