crime

CORRECTION: The employee allegedly assaulted was a cashier, not a greeter.

A 70-year-old greeter at Walmart suffered fractures on the left side of her face Christmas Eve after a 26-year-old woman allegedly punched her after being asked for her receipt for items in her shopping bag.

The young woman reportedly ran from the store and, according to witnesses and several customers, chased her and surrounded her car, preventing her from leaving until police arrived.

"One of the biggest things to note is that the community actually stood up and did not let this person get away with what she did," said one witness, who asked to remain anonymous. "Even on this busy shopping day, dozens of people stayed behind and made police reports."

Charged with two counts of assault in the second degree -- one for alleged attempt to cause serious injury and another for allegedly injuring a person 65 or older -- is Jacquetta Simmons of 106 Ellsworth Ave., Batavia.

Simmons was arraigned in Town of Batavia Court by Justice Michael Cleveland and committed to Genesee County Jail on $20,000 bail or $40,000 bond. She's scheduled to reappear in court Jan. 23.

The injured woman was taken to UMMC with a swollen face and multiple facial fractures.

Witnesses say the woman is a longtime employee of Walmart and loved by many.

The employee was reportedly working near the front doors of Walmart when Simmons tried to exit carrying a bag of merchandise. The victim asked Simmons for her receipt. It's unknown if there was any other conversation, but it was at this point that Simmons allegedly punched the victim, who was knocked to the floor.

Simmons then reportedly ran from the store, chased by other customers. 

Batavia police arrived on scene first, but Walmart is outside of the city, so State Police took over the investigation once on scene.

In comments on The Batavian's post yesterday, Michelle Wheatley, a witness, said, that as she was leaving she saw the suspect "standing by the police car in handcuffs with a big smile on her face."

UPDATE: Simmons posted $40,000 bond and was released from jail pending her next court appearance.

A person has reportedly struck a cashier in Walmart.

The suspect, a black male, has fled and employees are chasing him in the parking lot.

Police are responding.

UPDATE 11:20 a.m.: It sounds like they have a suspect stopped. The victim is in the ladie's restroom, requesting an ambulance. Batavia PD are on scene.

A Maple Street resident is being held in jail without bail and charged with a handful of alleged crimes after local law enforcement executed a search warrant on his apartment Friday evening.

Edward R. Freida, aka "Rob," aka "Turtle," 40, of 10 Maple St., is charged with criminal possession of a weapon, 3rd, criminal contempt, 1st, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd.

Members of the Local Drug Task Force, along with uniformed deputies, including the K-9 unit, and Batavia PD officers, executed the search warrant shortly about 6:30 p.m., Friday.

Investigators allegedly found a quantity of heroin, some marijuana, five switchblade knives and four long guns along with drug paraphernalia.

A person was seriously injured on Liberty Street on Friday night when he was stabbed by an unidentified assailant.

Police are looking for a suspect described as a black male, approximately 5' 10" and 160 lbs.

The victim was walking alone on the 100 block of Liberty at about 9 p.m., according to police, when the assailant attempted to steal property from the victim's pockets.

After trying to steal the property, the assailant stabbed the victim in the lower back.

The victim was transported by Mercy EMS to UMMC.

Police ask that anyone with information that may assist in the case to call Officer Chris Camp at 345-6350 or the confidential tip line at 345-6370.

Michael A. Mistler is indicted on a charge of strangulation, 2nd, and assault, 2nd. Mistler is accused of obstructing the breathing and blood circulation by applying pressure to the victim's neck during an alleged incident July 22. Mistler is accused of trying to cause serious physical injury to the alleged victim.

Steven A. Mullen is indicted on charges of failure to register a change of address and offering a false instrument for filing. Mullen is a convicted sex offender and is accused of moving to a motel on West Main Street, Batavia, then he allegedly failed to register his change of address. Mullen allegedly filed a change of address with an incorrect address on the form.

Prosecutor's information: The Grand Jury declined to indict Thomas W. Sherman on a charge of assault, 2nd, but did charge Sherman with assault, 3rd. The case is referred back to the Town of Le Roy Court. Sherman allegedly assaulted a person in Le Roy on Jan. 23.

No Bill: The Grand Jury did not find sufficient evidence to indict Wyatt S. Penfold on charges of assault, 2nd, and attempted assault, 2nd. The charges stemmed from an alleged incident on July 22.

Barbara Ann Vaughn, 34, of East Robinson Road, Amherst, is charged with driving while ability impaired by drugs, aggravated unlicensed operation and failure to keep right. Vaughn was stopped at 4:10 p.m. Thursday on Genesee Street, Pembroke, by Deputy Patrick Reeves following a report of an erratic driver. Vaughn was found to allegedly have consumed prescribed medication.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford is accused of shoplifting from Kmart.

Ashley Elizabeth Quintern, 22, of South Pearl Street, Oakfield, is charged with petit larceny. Quintern is accused of stealing $21 in merchandise from Kmart.

Randolph Ricardo Scott, 59, of West Humboldt, Buffalo, is charged with possession of more than 400 untaxed cigarettes and speeding (62 in a 40 mph zone). Scott was stopped at 10:58 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Scott was allegedly in possession of 800 untaxed cigarettes.

Marc Anthony Crispino, 20, of Cassandra Circle, Chili, is charged with possession of more than 400 untaxed cigarettes. Crispino was stopped at 12:02 a.m., Dec. 6, on Route 77, Pembroke, for alleged traffic violations by Deputy Patrick Reeves. Reeves reportedly found Crispino in possession of 800 untaxed cigarettes.

Martin Andrew Wade, 53, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater and insufficient turn lamps. Wade was stopped at 10:19 p.m. Wednesday on Route 5, Stafford, by Deputy Howard Carlson.

Tabatha Holly Clark, 25, of Telephone Road, Le Roy, charged with petit larceny and possession of a controlled substance not in original container. Clark is accused of shoplifting $22.67 in merchandise from Kmart.

A woman who at one point Wednesday night authorities feared may have wandered into a fast-moving Tonawanda Creek, was found later apparently safe in a mobile home on West Main Street Road in the Town of Batavia.

The woman was taken into custody on a bench warrant for alleged criminal possession of a controlled substance, 7th.

Jailed on $100,000 bail was Lisa Mae Rugh, 38, of Elm Street, Batavia.

The incident started about 6:30 p.m. when a woman was observed by a passerby lying on the shoulder of Route 5 near Pudgie's Lawn and Garden Center.

The woman, later identified as Rugh, denied a need for help, though she appeared intoxicated, according to the witness.

Rugh began walking south behind Pudgie's toward the Tonawanda Creek.

Members of the Sheriff's Office searched the area but could not locate Rugh.

The department's K-9 unit was called to the scene and "Pharoah" reportedly tracked Rugh to the edge of the creek.

At about that time, members of the East Pembroke Water Rescue Team were in route to the scene. Also dispatched were volunteers from the Town of Batavia Fire Department as well as Alden and Corfu.

"Pharoah" continued tracking Rugh and she was located at Lot #8 of Dreamland Trailer Park, 3540 W. Main St. Road, Batavia.

When deputies identified Rugh they discovered she had an active bench warrant for her arrest.

The Genesee County Emergency Services Office also assisted in the search for Rugh.

(Initial report)

Le Roy police are looking for the black or Hispanic male behind the woman in the check-out line. Investigators have identified him as a person of interest in the theft of a stolen purse and credit card that occurred Tuesday.

Marcos A. Torres is indicted on one count of criminal sale of a firearm, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Torres is accused of unlawful possession of a firearm and unlawfully selling that firearm on June 22. The firearm is described as a Remington Wingmaster Model 870 20-gauge shotgun having a barrel less than 18 inches in length. He is also accused of possessing cocaine with the intent to sell it.

Joshua G. Bachorski is indicted on three counts of possession of stolen property, 4th, two counts of forgery, 2nd, and three counts of petit larceny. Bachorski is accused of possessing stolen credit cards to use for himself without authorization of the cards' owners. Bachorski is also accused of signing other people's names to purchase agreements. Bachorski is accused of purchasing gift cards with the stolen credit cards.

Jeffrey A. Mooney is indicted on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Mooney is accused of driving drunk Sept. 15 on Route 98 in Elba.

James F. Webb is indicted on counts of criminal contempt, 1st, and five counts of criminal contempt, 2nd. Webb is accused of making multiple telephone calls to a person he was under court order not to contact, with the intent to harass, annoy, threaten or alarm the person.

Sharon L. Awall is indicted on charges four counts of grand larceny, 4th, and seven counts of petit larceny. Awall is accused of stealing three credit cards and a gift card belonging to another person. She is accused of stealing two gold wedding bands, a gold engagement ring with a 1/4-carat diamond, a gold engagement band with a diamond, a man's gold wedding band, a gold anniversary ring with five diamond chips and a wallet.

No Bill: The Grand Jury returned with no bill (no counts filed) against Carolyn M. Smith, accused of assault, 2nd.

Troy D. Hubler, 41, of 7634 Byron Holley Road, South Byron, is charged with aggravated harassment, 2nd, and criminal contempt, 2nd. Hubler was located in Orleans County by the Sheriff's Office in Orleans County and turned over to Batavia PD on a warrant out of city court. The warrant stemmed from an alleged Oct. 3 incident in which Hubler reportedly made telephone contact with a person protected by a court order. The order of protection was issued by Batavia Family Court.

Andrew Ziemba Perdock, 24, of Holland Avenue, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Kmart.

A 43-year-old man who apparently set himself on fire in a thwarted suicide attempt will serve 10 years in prison, Judge Robert C. Noonan ruled Tuesday afternoon.

Paul Atkinson admitted Oct. 26 to arson, 2nd, and Noonan was bound by law to impose a prison sentence, even though the defendant's sister and Atkinson himself both asked that he receive mental health treatment.

"I fully acknowledge the terrible losses you have had in your life," Noonan said. "The diseases that affilicted you, the personal pain that comes with divorce, the ping-pong life of children going back and forth, the loss of employment, financial hardships and the stress in your family. It's a soap opera. It's a very, very sad story.

"But," Noonan added, "you're very, very lucky you're not standing here before me accused of murdering several people."

Noonan said the record will reflect that Atkinson wants and need mental health treatment and that the state prison system does have programs in place.

"I hope you avail yourself of the help available, because you will be released from prison some day and when you're release you should get on with your life," Noonan said.

Atkinson started a fire July 14 in his father's home at 3 Orchard Drive, where he, his father and his sister and her husband were living at the time.

Atkinson's sister, Wendy Nelson, made a victim's statement and said that she suffered cracked ribs, a collapsed lung, smoke inhalation, anemia and post-traumatic stress syndrome as a result of the fire and hasn't been able to work since.

Yet, she said, she wants to see her brother get help.

"It's hard for him to ask for the help he needs," Nelson said. "I need to speak for somebody whom I feel cannot speak for himself and ask that he receives this help."

When Atkinson was given his turn to make a statement, he turned and thanked his sister and was barely able to be heard as he said, "I want help bad."

Noonan said he couldn't understand him, and Atkinson's next two attempts to speak were not understandable. Then he stood up a little straighter and said, "I know I need help now. I wish to receive help if it's offered to me. I'm very sorry for my crime."

A man accused of taking part in a November stabbing in an apartment at Woodstock Gardens almost blew his plea deal in Genesee County Court on Monday.

Timothy Andrews, 22, became confused when Judge Robert C. Noonan asked him if he thought the evidence against him would likely lead to a conviction at trial.

"I don't know how to answer that ... um, no," Andrews said.

He needed to assure Noonan that he felt he would be convicted under terms of his plea, known as an "Alford" plea.

The legal term refers to a situation where a defendant doesn't admit actually committing the crime, but enters a guilty plea in order to receive a negotiated sentence, fearing if found guilty at trial, he would receive a longer sentence.

Andrews has maintained he is innocent throughout his legal proceedings.

Andrews corrected his answer in court and is now facing from two to seven years in prison. His sentencing is set for March 15.

(Via WBTA)

A woman's nationwide effort to steal people's identities and then their money came to an end in Batavia after she was caught trying to withdraw $3,000 from the local Bank of America branch.

In Genesee County Court on Monday, Cassandra Montrevel, 25, of Sacramento, Calif., told Judge Robert C. Noonan that she entered the local branch March 18 and used another person's identity to withdraw funds from her account.

Montrevel was later caught and admitted to police that she had used the same scheme at Bank of America branches across the United States.

The California woman has already entered a guilty plea in federal court to the crime in other states. 

Montrevel faces a possible New York prison sentence of four years and another five years in federal custody.

(Via WBTA)

Batavia police are responding to Jackson Street where a person is waiting who claims to have been stabbed at about 9 a.m. at the skate park behind the Falleti Ice Arena on Evans Street.

Mercy EMS is responding, too.

UPDATE 10:45 a.m.: The alleged victim had only three small marks on his back and was not cut, according to police. "We don't know what it was, but it definately wasn't a knife," said Officer Eric Hill. The alleged victim reportedly told a friend of a friend that he was stabbed and that is the person who called emergency dispatch. Police searched the area behind the ice arena (that's Officer Dan Coffey in the picture above) but found no corroborating evidence.

Andrea Licata, 29, of Jackson Street, Batavia, is charged with petit larceny and conspiracy, 6th. Licata was allegedly observed with Kelly Marie Howell, 26, of Jackson Street, Batavia, who was allegedly stealing merchandise at Walmart with Licata's knowledge and agreement. Howell was allegedly hiding stolen merchandise in her infant's stroller. Howell was also charged with petit larceny, conspiracy, 6th, and endangering the welfare of a child.

A 16-year-old resident of State Street is charged with petit larceny. The suspect is accused of stealing a stereo cable from Walmart.

Randy J. Heslor, 18, of 2398 Pratt Road, Corfu, is charged with criminal contempt, 2nd. Heslor allegedly visited a residence in the city where a woman lives that Heslor is barred from contacting by order of the Batavia City Court.

Craig Daniel Martin, 27, of Morton Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and unlicensed operation. Martin was stopped on Jackson Street, Batavia, at 1:09 a.m. Saturday by Deputy Patrick Reeves for alleged traffic violations. Martin was allegedly found in possession of two types of controlled substances and a quantity of marijuana concealed in his vehicle.

Brittany Megan Hart, 24, of Warsaw Road, Le Roy, is charged with criminal possession of a controlled substance and possession of a hypodermic instrument. Hart was charged following a traffic stop for alleged violations at 11 p.m. Sunday on Jackson Street, Batavia, by Deputy Brad Mazur.

Daniel John Hickey, 33, of Sherwood Drive, Brockport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hickey was stopped at 1:22 a.m., Saturday on Route 262 in Elba by Deputy James Diehl.

Nicholas Keith Thorne, 23, of Osborne Road, Mt. Sterling, is charged with criminal mischief, 2nd. Thorne allegedly smashed a glass door and window at the Econo Lodge on Route 77, Corfu. Thorne was jailed on an unspecified amount of bail.

Dennis P. Schroeder, 54, of Cotton Hill Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and inadequate exhaust. Schroeder was stopped at 7:40 p.m. Dec. 15 on Tinkhem Road, Darien, by Deputy Jason Saile.

Nicholas M. Worrells, 24, of 10253 Roosevelt Highway, Lyndonville, is charged with criminal contempt. Worrells was allegedly found hiding under the rear deck of a residence on East Main Street, Le Roy, after police responded to a report of a disturbance. Worrells was allegedly with a person at the residence in violation of a complete stay-away order. Worrells was jailed on $5,000 bail.

Dayton G. Schultz, 52, Maltby Road, Oakfield, is charged with DWI, driving with a BAC of. 08 or greater and driving left of pavement markings. Schultz was stopped at 10:35 p.m. Friday on Route 262, Elba, by Sgt. Greg Walker.

Eric Matthew Kingsley, 24, of Perry Road, is charged with DWI, driving with a BAC of .08 or greater and illegal parking on a highway. Kingsley was arrested by Deputy Jason Saile following a report of a vehicle fire at 4:48 a.m., Saturday, on Ellicott Street Road, Bethany.

Jeremy John Haynes, 35, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and speeding. Haynes was stopped at 11:27 p.m. Friday on East Main Street, Le Roy, by Deputy Eric Seppala.

Brent Michael Semmier, 36, of Cypress Street, Rochester, is charged with felony DWI, speeding (90 in 55 mph zone), alcohol consumption in a motor vehicle and improper right turn. Semmier was stopped at 4:29 p.m. Sunday on Route 19, Le Roy, by Deputy Brad Mazur.

An East Pembroke resident is charged with criminal trespass in Monroe County after allegedly entering a home in the Town of Sweden without permission.

WHEC reports that Mark Humel, 20, entered the home on West Avenue at 2 a.m., Friday, and made sufficient noise to wake the homeowner. The homeowner told deputies that he found Humel, appearing to be intoxicated, standing in his living room, not wearing shoes, asking for "Dave."

Humel reportedly became belligerent and ran off when police were called.

The suspect was located later leaving a wooded area near the home.

A homeless man who was given permission to sleep on the back porch of a residence on State Street has been arrested and charged with arson in the fourth degree after a fire he started caused some damage to the house.

The fire was reported shortly after 8:30 p.m. Thursday and quickly extinguished by city firefighters, causing minimal damage to the porch and siding of the house at 107 State St., Batavia.

Reginald J. Hawker, 57, of no permanent address, was arrested Friday afternoon following an investigation by Det. Patrick Corona.

He was jailed without bail.

Hawker is accused of intentionally setting the fire. Corona said it's believed that Hawker started the fire on the porch in an attempt to cook and to have heat and light.

Previously: Fire at home on State Street possibly set by homeless person trying to keep warm

The owner of the Batavia Nursing Home was indicted today in federal court on charges of fraud and making false statements.

Five counts were filed against Marc Irwin Korn, 54, of East Amherst.

Korn is accused of engaging in two different schemes to obtain money.

He allegedly took more than $150,000 donated to the American Friends of Assaf Harofeh Medical Center while serving as an officer of the charity. 

He's also accused of causing more than $167,000 from leasing agreements for nursing home equipment to be deposited into a bank account of one of his businesses, Health Care Alliance, Inc.

The funds, according to the U.S. Attorney's office, were used for personal expenses, including salon visits, college tuition, clothing and antiques.

Korn is also accused of making false statements to investigating agents during a June 2010 interview. According to the indictment, Korn told agents the deposits into Health Care Alliance were commissions.  

The case is being prosecuted by Gretchen L. Wylegala, an assistant to U.S. Attorney for Western New York William Hochul.