crime

A former Batavia resident who has had a few run-ins with the law the past couple of years is back in jail, this time with bail set at $15,000.

Robert J. Eppolito Jr., 29, of 61 Church St., Apt. #2, Le Roy, is being charged with one count of assault, 2nd.

Last night, Le Roy Police responded to multiple calls about a disturbance in the area of Bacon and Lake streets.

Eppolito is accused of striking another person several times on the head and face with his fists, knocking the victim to the ground and then kicking the victim in the face with his foot.

The victim reportedly suffered a possible eye socket fracture.

In September, 2009, Eppolito was accused of having sex in public with a woman and in a separate incident of slamming another woman against a wall.

Eppolito lived in Oakfield at the time.

In June, 2010, Eppolito was accused of endangering the welfare of a child and harassment, 2nd, while a resident on Maple Street, Batavia.

This past Monday, law enforcement officials were heard on the scanner chatting about Eppolito being released from jail that day.

The following people were arrested by the Genesee County Sheriff’s Office in connection with the Chris Brown concert at Darien Lake Performing Arts Center on Wednesday.

Deparis C. Banks, 19, Pelham Road, New Rochelle, is charged with disorderly conduct after allegedly causing a disturbance after being ejected from the venue.  Banks was jailed on $100 bail.

Candise J. McKeiver, 21, Parkway Drive, North Chili, is charged with disorderly conduct after allegedly causing a disturbance after being ejected from the concert.

Passion V. Madlock, 22, Kerns Street, Buffalo, is charged with disorderly conduct after allegedly causing a disturbance while being ejected from the concert.

Nicholas J. Macaluso, 19, Oak Street, Bellmore, is charged with harassment, 2nd, and possession of alcohol with intent to consume after allegedly punching a security guard in the head and being under age 21 in possession of alcohol.

The following people were issued citations for allegedly possessing alcohol under age 21:

Kathryn E. Ziolo, 19, Amsdel Road, Hamburg
Kayleigh J. Forger, 19, Lorric Lane, Spencerport
Paul F. Grabowski, 19, Eaglesfield Way, Fairport
Lauren E. Milione, 19, Wedgewood Road, Newton, Mass.
Michelle A. Kay, 19, Pratt Street, Reading, Mass.
Brandon M. Angelo, 18, Red Hickory Drive, Rochester
Jamie M. Szafranski, 20, Frederick Road, North Tonawanda
Shelby M. Visniesky, 19, Kelvin Drive, Tonawanda
Sarah S. Signorelli, 18, 17th Street, Niagara Falls
Tyler M. Pulli, 18, Upper Mountain Road, Lewiston
Morgan A. R. Chrysler, 18, Mount Hope Road, Lewiston
Crystal L. Jensen, 20, Maple Road, Williamsville
Sean P. Talty, 18, Londonderry Lane, Getzville
Ashley L. Dipietro, 17, Misty Lane, East Amherst
Courtney A. Davis, 18, High Manor Drive, Henrietta
Briana M. Julian, 20, Bronson Hill Road, Avon
Matti M. Kwietniewski, 18, Aldrich Place, Buffalo
Cameron J. Cirincione, 17, Licia Lane, Webster

A caller reports to dispatch that two vehicles in the parking lot of UMMC have their gasoline flaps open and have had fuel siphoned out of them. City of Batavia police are investigating.

Sheriff's deputies are responding to a complaint about the rider of a red and blue ATV tearing up the lawn at Pembroke Intermediate School, located at 58 Alleghany Road in Corfu.

Benjamin W. Muntz, 22, of 6966 Knowlesville Road, Basom, is charged with burglary, 3rd. Muntz is accused of entering a barn on a residential property on Judge Road, Alabama, and stealing a small-sized, child's dirt bike.

Janet Rae Langer, 33, South Street, Pavilion, is charged with harassment, 2nd. Langer is accused of striking another woman in the head and pulling her hair. The alleged incident was reported at 7:20 p.m., Saturday.

Spencer J. Hilderbrant, 17, of South Street Road, Pavilion, and Jamie L. Gutowski, 18, of Alleghany Road, Corfu, are charged with trespass. Hilderbrandt and Gutowski are accused of being on the property of Rolling Hills Asylum, Bethany Center Road, Bethany, without permission of the owner.

Roy K. Way, 31, of 32 Brooklyn Ave., Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, speeding and no seat belt. Way was stopped at 12:06 p.m., Monday, on Brooklyn Avenue after allegedly being observed speeding on Pearl Street by Officer Marc Lawrence.

Jared L. Diehl, 23, of 4563 Chapel St., Elba, is charged with DWI, driving with a BAC of .08 or greater and operating without headlights. Diehl was stopped at 12:02 a.m., Tuesday, on Gateway Drive, by Officer Darryl Streeter.

A car was reportedly egged within the past hour to 90 minutes on Allen Street, Batavia.

City PD responding to take a criminal mischief complaint.

UPDATE: City PD received a report earlier on Jackson Street of a similar incident.

UPDATE: A reader on Cherry Street also reports having his car egged, but he didn't call police.

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Press release from the Batavia PD:

The Batavia Police Department is investigating an incident of attempted fraud. A Tracy Avenue resident has reported being contacted by telephone by a male subject who identified himself as a lottery official. The local resident was informed that he or she had won a lottery and needed to forward an amount of cash in order to collect the winnings.

The male caller provided some legitimate lottery information, however, identified himself by different names during separate conversations.

The resident did not forward cash as requested and has been advised to cease any contact with the suspect.

Residents need to be on guard for this and similar incidents of fraud that are continuing and ongoing.

Linda Jean Desnatis, 42, Main Street, Batavia, is charged with two counts of DWI with a child passenger under age 16, DWI, driving with a BAC of .10 or greater and two counts of endangering the welfare of a child. Following a complaint of a possible drunken driver, Desnatis's car was stopped at 7:45 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Graff.

Francis T. Lacko, 29, of Johnstown, Pa., is accused of being a fugitive from justice. Lacko was arrested in Le Roy on Friday. Lacko was stopped in the Village of Le Roy after police received reports of a suspicious person going door-to-door selling magazines without a permit. Upon investigation, police found outstanding warrants for Lacko from three different states, including Pennsylvania. Among the charges faced by Lacko is fraud. Lacko was jailed without bail.

Paul Konieczny, 47, of 144 Harvester Ave., Batavia, is charged with DWI and three counts of failure to keep right. Konieczny was involved in a motor-vehicle accident at 9:20 p.m., Friday. He is accused of striking a street sign and two parked cars. The vehicles reportedly sustained significant damage. Konieczny reportedly suffered cuts on his face and was transported to UMMC by Mercy EMS.

Thomas Tyrone Gantt, 54, of Mount Hope Avenue, Rochester, was arrested at 8:04 p.m., Friday, on Clinton Street Road, Batavia, on a bench warrant out of Town of Gates Court. Gantt is accused of petit larceny.

Kerry Michael Simpson, 49, of Getman Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone and speeding. Simpson was stopped at 1:33 a.m., Saturday, on Erie Street, Darien, by Deputy Jason Saile.

Thomas Z. Wilson, 19, Michael A. Albini, 19, and Patrick W. Moran, 18, all of 113 S. Swan St., Batavia, are all charged with criminal nuisance and unlawful possession of alcohol under age 21. Wilson, Albini and Moran were arrested after allegedly hosting an underage drinking party at 12:22 a.m., Saturday.

Edward M. Davis Jr., 46, of 23 Oak St., lower, Batavia, is charged with criminal trespass. Davis is accused of remaining unlawfully in the apartment of a female acquaintance.

Latoya D. Jackson, 25, of 112 State St., lower, Batavia, is charged with petit larceny. Jackson is accused of shoplifting $12.50 in merchandise from the Dollar Store on East Main Street.

A 17-year-old resident of State Street is charged with disorderly conduct. The youth is accused of shouting obscenities while attending a football game at Vendetta Stadium at 9:45 p.m., Friday.

The following people were arrested by the Genesee County Sheriff’s Department during the Uproar Festival concert at Darien Lake Performing Arts Center on Saturday:

James R. Larson, 24, of Revere Place, Buffalo, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance after being ejected from the venue. Larson allegedly resisted arrest by fighting with deputies.  Larson was jailed on $500 bail.

Daniel W. Krulikoski, 28, of Miller Crescent Simcoe, Ontario, Canada, is charged with trespass after allegedly entering a food stand without permission.  Krulikoski was released on $100 bail.

Michael J. Carlo, 31, of Pennington Court, Amherst, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot by attempting to fight with other exiting patrons.

Philip A. Azzaretto, 41, of Exchange Street, Alden, is charged with harassment, 2nd, after allegedly striking another subject in the face while at the concert.

Keith A. Hinckley, 20, of West Avenue, Ext., Medina, is charged with disorderly conduct and possession of alcohol under 21 after allegedly yelling obscenities in the parking lot, causing a disturbance and found to possess an alcoholic beverage.

The following people received citations for alleged possession of alcohol under age 21:

Shelby R. Eck, 17, of County Route 31, Scio
Cecellia M. Wilson, 19, of Loring Avenue, Wellsville
Dustin M. Ford, 19, of Allen Street, Allentown
Danielle J. Armfield, 19, of Baker Street, Andover
Lindsay L. Harris, 17, of Riverside Drive, Wellsville
Rebecca A. Oliver, 17, of River Road, Phoenix
Geoff C. Hall, 20, of Drager Avenue, Syracuse
Tara M. Morabito, 16, of E. Main Street, Hamburg
Gary J. Dellaneve, 17, of Davis Road, West Falls
Julia J. Golaszewski, 20, of Center Street, East Aurora
Steven D. Jackson, 18, of Dutch Street, Wolcott
Rebecca M. Rotunno, 17, of Claremont Avenue, Tonawanda
Emily A. Dziuba, 17, of Blakeley Road, East Aurora
Joseph J. Crane, 19, of Shelby Basom Road, Medina
Brandon T. Fuller, 17, of Prospect Avenue, Medina
Gerald R. Soule Jr., 20, of East Main Street Road, Batavia
Raymond D. Wilson III, 18, of Herrick Street, Oswego
Amber L. Bonito, 20, of Drake Settlement Road, Burt
Seth P. Esskuchen, 20, of Autumn Street, Williamsville
Seth R. Reardon, 19, of Columbia Avenue, Depew
Jonathan D. Hitchcock, 20, of Otego

Press release:

At approximately 12:30 p.m. today, the Le Roy Police Department received a report of an unsupervised/suspicious duffle bag located near the U.S. Post Office on Main Street.

During the investigation, Main Street (between Bank and Wolcott streets) was closed for a short time while bomb squads from the New York State Police and the Rochester Office of the FBI responded and determined that the item was non-hazardous.

Main Street was reopened and no charges are pending. The Le Roy Fire Department assisted with traffic control during the incident.

Eric Michael Duda, 49, of Main Road, Stafford, and Summer Ogden, 35, of State Street, Batavia, are both charged with criminal contempt. Duda and Odgen were seen walking together on Main Road, Stafford, at 4:15 p.m., Wednesday. There are court orders in place barring Duda and Odgen from being in contact with each other.

Dennis Kaijage Stambuli, 19, of Liberty Street, Batavia, is charged with trespass and unlawful possession of marijuana. Stambuli was allegedly found on College Village property after being banned.

Scott E. Hodgins, 47, of 9394 Creek Road, Batavia, is charged with felony DWI, passing a stop sign, speed in zone and obstructing governmental administration, 2nd. Hodgins was stopped at 8:40 p.m., Thursday, on Blakely Place, by Officers Jerry Casper and Chris Camp. Hodgins was allegedly observed speeding on South Jackson Street. Hodgins allegedly tried to flee on foot following the traffic stop and was located after an extensive search of the area. New York State Police assisted in the search. Additional charges may be pending. Hodgins was jailed without bail.

An alleged robbery-in-progress has been reported at 383 Bloomingdale Road in Basom. That's the address of Jan's Smoke & Gift Shop. The suspect is in the store's custody but he is fighting with them.

Law enforcement is en route.

The location is south of Martin Road by Shanks Road.

Benjamin Gove Evans, 22, of West Main Street, Batavia, is charged with petit larceny. Evans is accused of shoplifting at Kmart in April.

Kristen L. Brightenfield, 18, of 6559 Main Road, Stafford, is charged with petit larceny. Brightenfield is accused of stealing a box of hair dye from Tops Market during the early morning hours of Wednesday.

Micaheal J. Elmore, 20, of Sumner Road, Darien, is charged with two counts of petit larceny. Elmore was arrested by the Wyoming County Sheriff's Office following an investigation into thefts in Orangeville. Elmore was identified as the suspect with the help of a pawnshop in Batavia. Another piece of stolen property was recovered in the Village of Attica.

Diane E. Winger, 46, of 329 Eva Road, Fort Erie, Ontario, Canada, is charged with driving while ability impaired and failure to keep right. Winger was stopped at 11:43 p.m., Sunday, on Snipery Road in Darien by Deputy Patrick Reeves.

A man is reportedly riding a motorized two-wheel bicycle on the sidewalk on Main Street in the City of Batavia. When the caller reported this he was near Burger King. Watch out pedestrians. The guy is going about 30 mph.

Upon getting the report the cop says: "Oh kay," with some hesitation.

The dispatcher replies: "I know what you mean."

He's toting a light-brown backpack on his back. He's white. But he was easily spotted by police, all descriptions aside.

Two days ago the same guy was seen, by me, on Maple Street (actual street).

UPDATE 12:35 p.m.: The bicyclist is having a chat with an officer about his travel plans.

Ten different businesses have been burglarized 11 different times since June and the Batavia police are looking for the public's help is identifying the suspects.

Det. Charles Dudek released the video posted above in the hope that it might lead to more information about the suspects seen in the video.

The video was taken by surveillance camera at Batavia's Original, 500 E. Main St., Batavia, on Aug. 30. Batavia's Original has been hit twice in the past couple of months.

The same two suspects are believed to have burglarized Ficarella's Pizzeria in late August.

A witness reportedly spotted the suspects at about 4 a.m. leaving Ficarella's without their masks or hoods on.

The suspects are identified as white males in their late teens or early 20s. Both are about 5'8" to 5'9" tall. One suspect is described as stocky with short blond hair and a light complexion. The other suspect is thinner with short dark hair.

The string of burglaries dates back to June 2, when Neptune's Garden was hit.

In four cases, safes were stolen, or the safe was opened at the business and in one case the suspects were unable to either open or take the safe.

Anyone with information that could aid in the investigation should call the confidential tip line at 345-6370 or the Batavia PD at 345-6350.

Defense attorney Brian Degnan admitted in court today that he was surprised to learn less than an hour before his client was scheduled to be sentenced on a burglary charge, that the client didn't understand one of Judge Robert Noonan's questions when he entered a guilty plea July 15.

The question, one asked of every defendant about to enter a guilty plea: "Have you consumed any drugs or alcohol today?"

Ricky L. Miller said he had not, but today, Miller told Degnan that he was actually on prescribed painkillers when he entered his guilty plea and didn't understand what he was doing.

Miller was an inmate in the Genesee County Jail on July 15 and any medication he received would have been administered by jail staff.

The drugs supposedly taken by Miller on July 15 where Neurontin and Tramadol.

Degnan asked for an adjournment of the scheduled sentencing to give him time to research the veracity of his client's claim and whether the allegedly prescribed painkillers could alter his judgment.

"We should not be adjourning a sentencing every time a defendant has a change of heart," said District Attorney Lawrence Friedman.

Friedman characterized Miller's new statements as "an incredible claim that he lied under oath about being on drugs."

Degnan tried to argue that perhaps his client didn't understand the question because he only has an eighth-grade education, but Noonan wasn't buying it.

When Noonan asked if Miller had taken the prescribed medications today, Miller said he had.

"So he has enough of an education to understand what I'm asking him while on drugs today, but not when he entered his guilty plea?" Noonan asked.

He ordered a short recess so Friedman could contact the jail and get information on what drugs Miller may have consumed the day he entered his guilty plea.

About 30 minutes later, Miller's case was recalled and Friedman informed Noonan that on July 15, Miller had not yet been prescribed Neurontin, and about two weeks before the hearing, Miller's dosage of Tramadol had been reduced.

"He was taking it for knee pain," Friedman said. "I'm told it's no more powerful than Motrin tablets and it's not a controlled substance."

Noonan denied Degnan's motion for an adjournment and proceeded with sentencing.

On one count of burglary, 2nd, Miller was given five years in prison, and on one count of possession of a forged instrument, Miller was given three and a half to seven years in prison, to be served concurrently.

"Sir, you have, for a 29-year-old man, you have a horrible record," Noonan said. "You don't seem to have any respect for anybody's else's property. It's important that you be removed from society for a long period of time."

A Massachusetts man will serve two consecutive six-year prison terms for having sex with two 14-year-old girls, one of whom he originally met while she was traveling with her mother in Florida.

Raymond E. Allard, 27, who admitted to two counts of second-degree rape on July 15, told Judge Robert C. Noonan today that he wasn't the kind of person who had sex with children. While Allard has convictions in Florida for burglary and grand larceny, he's never faced sex-crime accusations before.

"I was foolish and I'm willing to face whatever penalty is coming to me for my behavior," Allard said. "I'm sorry to the girls. I'm sorry to the families. I'm sorry to the court. I'm sorry to myself."

Noonan wasn't sympathetic.

"You are a child rapist, a serial child rapist," Noonan said. "For you to stand here and say you're not that kind of person -- you are exactly that kind of person. You are the kind of person who can't be trusted to be in the presence of another child ever again and it's my job to put you away for as long as I can."

Allard was originally indicted on 64 charges of rape, 2nd, and criminal sexual act, 2nd, and agreed to a plea guilty on two counts in exchange for capping his sentence at 12-years maximum.

He'll be on probation for 10 years when he's released from prison.

Allard was indicted in May, accused of having sex with two 14-year-old girls in November and December of 2010.

According to reports at the time, Allard met the mother of one of the girls while in Florida and followed her and her daughter back to Oakfield.

"The circumstances of this case clearly indicated that Mr. Allard is a predator of young girls," Assistant District Attorney Will Zickl said. "His relationsip with one of the victims began outside of New York State as the result of a chance meeting and was continued when Mr. Allard decided to come to this area and continue his grooming of this child for his own sexual purposes."

Zickl said Allard's statements in the pre-sentence investigation further implicated Allard as depraved.

Allard allegedly described one of the victims as "sexually aggressive" and an "overwhelming sexual creature."

"This is Mr. Allard's feeble and feckless attempt to put himself in the best possible light," Zickl said. "I would submit that it puts him in an even worse light because he's blaming a 14-year-old girl for his predation on her."

The mother of one of the girls spoke and said that Allard's actions caused a lot of damage to her relationship with her daughter and they've never really talked about what happened. She said all she knew was what she read in her journals before her daughter was placed in a foster home.

"I'm very angry, very hurt and very distraught about what happened to my daughter," the woman said. "He's done a lot of damage to my family. I don't think he should ever be around children again."

A 21-year-old Batavia man originally accused of rape with a possible sentence of 25 years in prison, received a seven-year sentence today on a reduced charge of sexual abuse.

Patrick J. Donahue, of 44 Williams St., Batavia, was arrested in January and accused of raping a 30-year-old woman at a residence on Walnut Street.

In July, Donahue accepted a plea reducing the charge to sexual abuse.

In court today, Judge Robert Noonan told Donahue his crime was "a slight grade below murder."

Once released, Donahue will spend 10 years on probation.

Reporting for this story provided by Geoff Redick, WBTA.

A 28-year-old Rochester resident was arrested for alleged DWI Sunday after her car became stuck on railroad tracks in the Town of Bergen.

The woman was returning home from the Toby Keith concert at Darien Lake and told deputies that she became stuck on the tracks after following the directions of her GPS.

Charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely was Michelle H. Wilson, of Fallstaff Road, Rochester.

Deputy Tim Wescott and Sgt. Greg Walker responded to the call of a car stuck on the tracks near Town Line Road, Bergen, at 10:50 p.m.

Press release:

The Batavia Police Department is investigating an incident of leaving the scene of an accident. It occurred during the early morning hours of Monday, Sept 5.

The accident was at 59 Jackson St., at the entrance to a parking lot on Jackson Street just north of Ellicott Street. A lamppost and a stop sign were struck during the incident. The lamppost was destroyed and a stop sign was broken off at the base.

Debris left at the scene indicates the vehicle involved is a blue in color Pontiac.

Persons with information regarding this incident are asked to contact the Batavia Police Dispatch at 585-345-6350 or the Batavia Police Confidential Tip Line at 585-345-6370. Persons may also report information via the Suspicious Activity Reporting link on the Batavia Police Department’s website.

UPDATE 7:52 a.m., Wednesday: The female driver has reportedly turned herself in. The investigation is continuing.