crime

The release of a surveillance tape by the Batavia PD appears to have helped lead investigators to a pair of alleged thieves.

Charges are pending against Trevor M. Pilc, 18, of 404 Jackson St., Batavia, and Michael A. Ames, 19, of 508 Dale Road, Dale.

The duo is accused of burglarizing a number of Batavia businesses during the summer and is currently being held in a Wyoming County jail on similar charges.

The videotape, published on The Batavian, didn't lead to a tip with a name attached, but it did lead to information that helped investigators put some pieces together, Sgt. Pat Corona said.

"(The video) kept people interested in the case and got people talking about it," Corona said. "As a result of that, I did get information about a person talking about one of the burglaries and a name was mentioned in that conversation."

Corona expects burglary charges against Pilc in connection with break-ins at Neptune’s Gardens, 33 Liberty St., occurring on, June 3; Blondie’s Sip and Dip, 670 E. Main St., occurring on July 8; The Batavia Youth Center, 12 MacArthur Drive, occurring on July 23; and Batavia’s Original Pizzeria, 500 E. Main St., occurring on Aug. 6.

Ames also faces probable charges in connections with break-ins and larcenies from Batavia’s Original on Aug. 6 and again on Aug. 30.

Corona said Ames and Pilc both confirmed they are the two people seen in the video.

Each fall these days, as students return to school, the issuing of bullying makes the news again.

Usually, it's related to the tragic suicide of a teenager who was picked on by his peers.

This fall, the death wasn't too far from home.

Jamey Rodemeyer, a freshman at Williamsville North High School took his own life after years of being victimized by bullies.

The case has drawn the attention of Erie County law enforcment, which is a reminder that bullying isn't just cruel. It's a crime.

Yesterday morning, I spoke with Det. Rich Schauf of Batavia PD and this morning I spoke with Christopher Dailey, principal at Batavia HS, about how bullying is handled within the city. Much of the information they have to share should be applicable throughout Genesee County.

The primary laws that could be used to prosecute a bully are harassment, a violation, and aggravated harassment, a misdemeanor.

Harassment usually involves pushing and shoving or similar violent acts that do not cause serious physical injury but are intended to annoy or alarm the victim.

Aggravated harassment is phone calls, text messages and messages left in online venues that are intended to alarm and annoy the victim.

If the bully is, say, 17, and the victim is, for example, 14, a charge of endangering the welfare of a child is also possible.

The age of the bully is also a factor in what police can do with the case and how the judicial system will deal with it.

If the bully is 14 or 15, or younger, there won't be criminal charges filed. Instead intervention and counseling is used to try and change behavior.

If the bully is 16 or older, then it can become a criminal matter.

These days, bullies use electronic devices to victimize their targets -- phone calls, texting, Facebook messages and other websites are used to leave harassing notes.

In the case of Rodemeyer, the most recent abuse meted out toward him was on a blog he set up at Formspring. Among the messages left for him were:

* "Kill your self!!!! You have nothing left!"

* "Listen to us, you're a bad person, you don't belong here, jump off a bridge or something!"

* "Go kill yourself, you're worthless, ugly and don't have a point to live."

When people leave messages like that, Schauf said, even when they're determined to be criminal in nature, proving who left the message can be difficult.

"The bully might say, 'I lost my phone,' and you ask, 'Did you report it missing or stolen?' and they'll say, 'Well, a friend had it,'" Schauff said. "It's really hard sometimes to put that person in the position of having sent the messages. That's an uphill climb in these investigations."

Investigators must prove the bully was physically in control of the computer or phone used to send the messages at the time the messages were sent.

That isn't always easy, Schauf said.

However, just the intervention of law enforcement can sometimes change a bully's behavior, Schauf said, a point Dailey reiterated.

"Usually we get both parents involved (before contacting police) and that puts an end to it," Dailey said. "We get everybody together and hash it out. Usually a visit from police ends it pretty quick if our intervention doesn't work out."

Dailey said the vast majority of the time, when school officials confront a bully about hurtful and harassing cyber messages, the bully fesses up immediately.

School officials take bullying very seriously, Dailey said.

"When something like this comes up (the death of Rodemeyer), it's something all the staff talks about," Dailey said. "It's a reminder to pay attention to this. We don't want it to happen here. We don't want to be the next headline."

Four years ago, the school started a mentoring program for freshmen which includes an orientation day before classes start and mentoring for the freshmen by upperclassmen.

Since the program started, Dailey said, bullying in the school has dropped 22 percent.

"I'd be lying if I said it was gone totally, but it has gone down significantly," Dailey said.

In October, teachers and staff will receive additional training on dealing with bullying.

It's important to take seriously, Dailey said, because unlike with previous generations when somebody might get bullied at school, but then go home and be away from it, in a safe environment, now the bullying follows the victim across the internet and through mobile phones and text messages.

"If I were bullied as a kid, I could escape it," Dailey said. "Now, for these kids who get caught up in that web they cannot escape it, which is why we have to be more vigilant. The old 'boys will be boys' attitude doesn't fly any more."

Schauf said anybody can report bullying to the police, even just a witness -- such as somebody who sees harassing messages online. But in order to press charges, the victim must be willing to cooperate. If there isn't a cooperating victim, police won't be able to complete an investigation and file charges.

That can sometimes be hard to get, Schauf said, because some victims just want the problem to go away and be left alone.

(Schauff encouraged witnesses to call the BPD's confidential tip line, which will go straight to investigators, rather than emergency dispatch when reporting possible bullying. The number is 343-6370.)

The difficulties in prosecuting bullies, Schauf said, are why a good relationship between the police and the school is so important. 

Investigators trust that school officials will bring serious cases to them and handle appropriately those cases they can handle internally.

"Schools have a bit more leeway to take action on the punishment aspect," Schauf said. "We work really well together to mete out the best consequences we can get, working between the two styles."

Further reading: Tips on avoiding cyber bullies.

An investigator for the Sheriff's Office investigating a reported burglary on Griswold Road in Darien Center, just found out that the home next to it has been ransacked and a number of items stolen. The location is in the 10,000 block of Griswold Road.

District Attorney Lawrence Friedman wasn't immediately available earlier today following the acquittal of Ronald Smith on three counts of sexual abuse in the first degree. Geoff Redick and I waited until he was available and asked him about the verdict. Rather than weave his answers into our previous post on the not-guilty verdict, here is what he had to say:

On his initial reaction:
"To state the obvious, we were disappointed. We pursued this case because we believed the defendant committed these crimes, so it’s always a disappointment."

On whether mistakes were made in the prosecution:
"I‘m not second-guessing anything about how the case was tried. I think it went well, but as I said earlier, that is our jury system, where we have to have a unanimous verdict of 12 people convinced beyond a reasonable doubt. I think that’s the best answer. We do have a heavy burden and obviously the jury felt that was not met."

On what the jury said after the verdict:
"Quite frankly, as you know, we do talk to jurors afterwards, but I guess I don’t want future jurors to be stifled thinking that we’re going to be making things public (that) they say to us.

"It’s not that there’s anything about this case that I’m holding back on, it’s just that we like to respect their privacy."

On the difficulty of proving intent for sexual gratification:
"I always think it’s interesting that the more serious sex offenses like first-degree rape and first-degree criminal sexual act -- crimes involving forceable compulsion, much more serious crimes -- those don’t have that element of sexual gratification. It’s really understandable why they don’t.

Really, these are crimes of violence, not necessarily being committed for sexual gratification. So to me it just always seems unusual that when you get to a lower-level offense such as sexual abuse, you’ve got that added element that we don’t have in more serious crimes. And yes it can be very difficult to prove the purpose of the act was to satisfy sexual gratification.

"Actually, in this case, I thought we were better off than most because of statements the defendant made, which were in the video, that I think reflected what he termed an accidental touching of the victim."

On the fact the jurors didn't know Smith is a Level 3 sex offender:
That’s the very reason they can’t know. In a case like this, it could effect the verdict, even with a warning from the court. That’s why they are not allowed to know, because obviously the idea is they shouldn’t be basing their verdict on what somebody has done in the past, they should be basing it on the evidence that’s presented in this trial. Granted, it adds to our frustration  when we know the person’s history and the jury doesn’t."

A 21-year-old Batavia woman was in Genesee County Court today, accused of violating probation, less than 24 hours after her same-sex marriage made front-page news.

Judge Robert C. Noonan was ready to send Katrina Drake to jail for allegedly using drugs while on probation, especially, he indicated, because she is pregnant.

Public Defender Gary Horton asked for time to find a drug rehabilitation program for Drake and Noonan granted a 30-day recess, but said if she continues to use drugs, she's going to jail.

The reason Drake is on probation is not available because her case was adjudicated as "youthful offender status." The case would have been filed prior to her turning 19.

Drake married Toni White in a civil service outside the courthouse yesterday.

A 52-year-old Corfu woman who shot her husband in his knee in August 2010 entered a guilty plea today to a charge of assault, 2nd, as a reckless action.

Patricia A. Hardesty, of 3483 County Line Road, Corfu, admitted to Judge Robert C. Noonan that she fired a .22-caliber rifle at her husband, hitting him in his knee and that she knew at the time her actions could cause bodily harm.

Hardesty faces a maximum sentence of three years in prison.

Upon Hardesty's request, her bail was revoked and she was remanded to the Genesee County Jail following her guilty plea.

As part of the deal, the District Attorney's Office agrees to expedit the return of items to her husband that were seized as evidence, including siding on their garage, which had bullet holes in it, the gun and a hat.

A jury has returned a verdict of not guilty on all three counts of sexual abuse in the first degree filed against Ronald Smith.

Smith is a Level 3 sex offender who was accused of reoffending within months of being released from prison on his prior conviction.

Public Defender Gary Horton declined an interview request following the verdict, saying, "It is what it is. The jury worked hard and you've got to respect the verdict."

Smith was accused of using a finger to touch the private part of a 7-year-old girl on three separate occasions between October 2010 and January.

After the jury was dismissed, Smith hugged Horton and spoke briefly with his attorneys before being taken by deputies back to the jail.

Smith was previously convicted of failure to register his proper address as a registered sex offender.

He's serving a sentence of one-and-a-third to three years on that conviction.

Skyler Chiffon Perry, 21, of East Main Street, Batavia, is charged with trespass. Perry is accused of being at College Village at 2:15 a.m., Sept. 4, after previously being banned from the property.

Katherine Elizabeth Crist, 22, of Cobblestone Court, Holley, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speeding (75 in a 55 mph zone) and unlawful possession of marijuana. Crist was stopped at 9:10 p.m., Tuesday, on Route 262 in Elba by Deputy Brad Mazur.

Adam J. Pentycofe, 27, of Coe Avenue, Oakfield, is charged with DWI and driving with a BAC of .18 or greater. Pentycofe was allegedly involved in a fight in the parking lot of a local business at 1:41 a.m., Sept. 17. He was later stopped on Lewiston Road by Sgt. Greg Walker.

A jury charged with deciding guilt or innocence in a case of alleged sexual abuse, spent this afternoon deliberating but has yet to reach a verdict.

The jury reconvenes at 9:30 a.m.

After a day and a half of testimony in the trial of Ronald Smith, the jury heard closing arguments late this morning from Public Defender Gary Horton and Assistant District Attorney Melissa Cianfrini.

Smith, a Level 3 sex offender who was out of prison just a few months before he allegedly sexually abused a 7-year-old girl, is charged with three counts of sexual abuse,1st. If convicted, he could be sentenced to as much as three consecutive seven-year sentences.

In order to convict Smith, Horton told the jury, each juror must find beyond a reasonable doubt that Smith intended to achieve sexual gratification when he allegedly touched the little girl's private parts.

Horton argued that there is no evidence that Smith intentionally touched the girl in a sexual manner.

According to Horton, a videotape of a police interrogation of Smith fails to demonstrate that Smith intentionally touched the girl in a sexual way.

"They ask the same question over and over again because they're not satisfied with the answer," Horton told the jury. "They even suggest answers. 'We know you touched this girl in this way,' they said. But what you have is Ronald Smith protesting vehemently that he ever touched that little girl, not in that way, not in a sexual way."

(For fuller coverage of the videotape evidence, read Geoff Redick's story on WBTA's website.)

Horton also told the jury that the young alleged victim changed her story on the witness stand, first saying that Smith had touched her bare skin when questioned by Cianfrini, denying it when questioned by Horton, and then saying again that Smith touched her in her private area and touched bare skin.

Smith is accused of using his finger to touch the girl's intimate area on three different occasions -- once on a visit to her mother's house when he was in the mother's bedroom with her and his 1-year-old child, once in the living room while they watched TV and once in her bedroom.

At one point in testimony, however, according to Horton, the girl even denied Smith ever came over to her house.

Horton was careful not to accuse the alleged victim of lying.

"I point all of this out, not to say this little 7-year-old is involved in some grand conspiracy to bring false accusations against my client," Horton said. "I am saying that, because of her age and level of understanding, she was asked many leading questions. And when she testified she agreed with Ms. Cianfrini, and when I asked the questions she agreed with me."

Horton said the girl showed the same propensity to agree with an adult authority figure when questioned at the Child Advocacy Center by a doctor.

There may be evidence that the girl was molested by another man when visiting his house in another county.

"I am saying it is quite possible that this little girl was molested by somebody else," Horton said.

Cianfrini, in her closing argument, said all of the evidence pointed toward Smith -- that he knowingly, purposefully and for sexual gratification touched the girl's vagina.

"Three times is not an accident," Cianfrini said.

A good portion of Cianfrini's argument involved pointing out Smith's inconsistent statements.

At one time, in a written statement, he denied ever going over to the girl's mother's house to visit his own child when there wasn't another adult present.

But in the video, he clearly admits being alone with the girl at times, but denies touching her in a sexual way.

"Maybe I touched her on accident, but it was when I was playing with her, when we were wrestling," Smith said. "If I did touch her – I never have – but if I did, it was on accident."

Later in the tape, Smith talks with investigators about wrestling with his sexual demons, saying he had conquered those demons, which is why he said he told the girl not to cling to him all the time.

Cianfrini said the girl's testimony was consistent and contained the kind of detail that makes her believable.

"Her recall was accurate," Cianfrini said. "She was able to testify accurately and in detail as to the place of the incidents, what rooms she was in. She was able to describe what she was doing, what Ron was doing and what her baby sister was doing. She was able to tell you what clothes she was wearing. She could tell you where the baby was located."

It was clear, Cianfrini said, that Horton's questions often confused her and once she understood the questions, she gave consistent answers.

Press release:

The Batavia Police Department is investigating two reported incidents of residential burglary. One incident occurred at a home in the 200 block of State Street. The other incident occurred at a Norris Avenue residence.

Both incidents occurred during the late evening hours, of Monday, September 19th or during the early morning hours of Tuesday, September 20th. During both incidents, the homes were occupied and doors had been left unlocked.

Cash was taken from a purse during the State Street incident. A laptop computer was taken during the Norris Avenue incident.

Anyone with information or anyone having observed suspicious activity is encouraged to contact the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be submitted via the Suspicious Activity Report link at the website of the Batavia Police Department.

Residents are reminded to secure the doors to their homes, especially during the overnight hours.

Jody B. Gillett is indicted on two felony counts of menacing a police officer, one count of criminal possession of a weapon, 3rd, and two counts of menacing, 2nd. Gillett is accused threatening, with a knife, two members of the Genesee County Sheriff's Office during an incident July 24 at 8 Pine Hollow Road. He is also accused threatening, with a knife, two other people in the same incident.

Grant A. Sundown Jr., is indicted on a count of DWI and aggravated DWI, driving with a BAC of .18 or greater and three counts of aggravated unlicensed operation. Sundown is accused of driving drunk on Lewiston Road, Oakfield, on April 7.

Paul Wapniewski is indicted on a count of burlgary, 3rd, criminal mischief, 2nd, and petit larceny. Wapniewski is accused of breaking into Delavan's Restaurant, 107 Evans St., Batavia, on May 6.

Jose A. Torres is indicted on two counts of criminal possession of a controlled substance, 3rd. Torres is accused of possessing cocaine on March 28 with the intent to sell it.

Charles L. Muntz is indicated on a felony count of DWI. Muntz is accused of driving drunk on Griffin Road, Alabama, on April 16.

Geoff Redick of WBTA is the source of this post.

Accused child molester Ronald Smith heard his alleged 7-year-old victim testify against him in Genesee County Court this morning. In a surpising move, Assistant District Attorney Melissa Cianfrini called this primary witness first.

The child, who lives in the City of Batavia, told the jury that "Ronny" is the father of her 1-year-old sister and that the alleged molestation began last fall after he started coming over to the house to visit the baby.

According to the girl, Smith touched her "private parts" on three different occasions when she was left alone with him while her mother visited a neighbor across the street. Each time, she said she told him "to stop it." He told her not to tell anyone or else she'd be grounded.

Before she took the stand, Judge Robert Noonan asked if she knew the difference between a lie and the truth. She said she did and when prompted to explain the difference, she said "If you don't tell the truth, you go to jail."

Smith faces up to seven twenty-one years in prison if convicted at trial on all three sexual abuse counts he faces. The prosecution characterized him as someone who took advantage when the opportunity presented itself and did so purposely for his own sexual gratification.

Cianfrini told the jurors that they would hear Smith's previously recorded testimony, saying that he and the victim were alone at times between October 2010 and January and that he touched her inappropriately.

But Assistant Public Defender William Harper maintained that the defendant is presumed innocent until proven guilty and that nothing has been proven in this case.

“If the people cannot dispel reasonable doubt, then they have failed in their burden, and you must find him not guilty," Harper said.

The alledged victim seemed confused when Public Defender Gary Horton asked on cross-examination if she was touched on her clothes or on her bare skin. She said that neither she nor Smith took her clothes off. Cianfrini brought up the point later, and the child revealed that Smith had “reached” inside her clothes.

"Are you nervous to be here today?” Cianfrini asked.

“Yes,” the girl replied.

"Is it difficult for you to answer these questions in front of the court?” Cianfrini asked.

Once again, she replied quietly, “Yes.”

The neighbor across the street was the only other witness called this morning. Her testimony confirmed that the girl’s mother had come over several times between October 2010 and January, leaving the 7-year-old alone at home with Smith.

In court today, Smith wore a white button-down and dress slacks. He paid close attention to the proceedings and took notes.

Proceedings are expected to wrap up late this afternoon, with summations and jury deliberation tomorrow.

CLARIFICATION:

Smith faces up to 7 years imprisonment on each charge of Sexual Abuse 1st. He faces three of those charges. Thus, he faces a maximum of 21 years in prison IF found guilty on all three counts.

My original information was remiss in not making that clear.

--Geoff Redick, WBTA News

Underage drinkers who get caught and then ignore the ticket may soon find themselves losing their drivers' licenses.

A bill to put some teeth in underage drinking provisions got the support of the Public Service Committee of the Genesee County Legislature on Monday.

One of the biggest backers of the bill is Darien Town Justice Gary Graber, legislators noted. Graber sees hundreds of underage citations written every summer at the Darien Lake Performing Arts Center, but apparently few of the under-21 crowd cited ever make their scheduled court dates.

And there isn't much Graber, and other justices, can do about it, unless Assembly Bill A5722 passes.

The bill would also make it possible to suspend the driver's license of anybody given a citation for marijuana possession who doesn't appear in court.

On Monday, legislators passed a resolution urging Assembly and Senate approval of the bill.

Billy Joe Edward Murphy, 29, of Route 20, Pavilion, is charged with criminal possession of a weapon, 4th. At 9:21 p.m. Saturday, Sheriff's deputies responded to a report of a domestic disturbance. During the investigation, a long gun was located inside the residence. Allegedly, because of Murphy's criminal history, he is not legally permitted to possess firearms. Murphy was issued an appearance ticket on the weapon's charge and then booked into Genesee County Jail without bail on a warrant for an unrelated matter.

Tiffany Leigh Brown, 24, of South Main Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Brown is accused of throwing a Thermos at another person. The Thermos reportedly ricocheted off the other person then struck and broke a glass bottle sitting on a shelf.

Batavia PD issued 29 citations during a special traffic enforcement detail Thursday.

The checkpoint was set up on Oak Street near the Thruway entrance.

Among the citations issued were four to drivers of commercial vehicles.

The enforcement effort was funded by a "Selective Traffic Enforcement Program" grant issued through the governor's Traffic Safety Committee.

Earlier this summer, a traffic safety check at the same location yielded 35 citations.

The Genesee County Sheriff's Office is warning local residents about a possible phone scam that is masquerading as a law enforcement call.

At lease one person in Genesee County has received a phone call threatening arrest if the person did not pay back a Payday loan.

The caller told the mark that he would be given a couple of hours to make a credit card payment or a warrant would be issued.

The caller made several calls from a 215 area code number (Pennsylvania) and at least one call had a caller ID of 9-1-1.

After the deadline passed, the mark received a phone call with a caller ID of (585) 345-3000 (the Sheriff's Office) advising him to turn himself in.

The phone call did not originate from the Sheriff's Office.

When the Sheriff's Office tried to contact the supposed company behind the collection effort, investigators were not able to verify any claim to law enforcment status.

The address given by the company for its location is a department store in Philadelphia.

Batavia Police are on scene at a reported fight involving five adults and several youths in the roadway at Lewis Place and State Street.

A suspect in one of the alleged burglaries over the summer in Batavia has been arrested, but police say the 55-year-old Batavia resident is not a suspect in other burglaries.

Paul C. Wapniewski was taken into custody following an investigation and indictment by the Grand Jury.

Wapniewski, a resident of 410 Ellicott St., Batavia, is accused of breaking into Delavan's Restaurant, 107 Evans St., on May 6.

Following arraignment in Genesee County Court, Wapniewski was released under supervision of Genesee Justice.

He was charged with burglary, 3rd, criminal mischief, 2nd, and petit larceny.

There have been at least 10 other burglaries of businesses in the city this summer, but police say Wapniewski is not a suspect in those crimes.

Erin Nicole Richley, 20, of North Street, Batavia, is charged with grand larceny, 4th.  Richley is accused of stealing more than $1,000 from Darien Lake Theme Park while employed there.

Jeffrey J. Cervone, 43, no permanent address, is charged with petit larceny. Cervone is accused of stealing a bottle of Bacardi from Mr. Wine and Liquor at 5 p.m., Wednesday. Cervone reportedly left the scene in a pickup truck, which was later stopped on Lewiston Road by a Sheriff's deputy. Cervone was a passenger in the truck and was placed in Batavia Police custody. He was jailed on $1,000 bail.

Scott G. Tooley, 26, of 199 S. Main St., Batavia, is charged with endangering the welfare of a child. Tooley is accused of pushing a woman to the ground while she was holding a child. Neither the woman nor the child were injured. The incident was reported at 10 a.m., Tuesday.

Rebecca Nicole Bethune, 22, of Hundredmark Road, Elba, is charged with harassment, 2nd. Bethune is accused of hitting another person in the head with her fist. The incident was reported at 2:10 a.m., Tuesday.

Jeffrey David Whitmore, 21, of Sandpit Road, Alexander, is charged with menacing. Whitmore is accused of pointing a shotgun at a person during a car repossession. The incident was reported at 6:30 p.m., Tuesday.

Michael Abdullah Jamil, 27, of School Road, Byron, is charged with unlawful imprisonment, 2nd, criminal mischief, endangering the welfare of a child, petit larceny and harassment, 2nd. Jamil was arrested following an alleged domestic incident at 5 a.m., Wednesday. Among the accusations are that he disabled a phone in an attempt to prevent a call to police.