crime

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

The Sheriff's Office reports 10 arrests and 50 citations issued in connection with the Toby Keith concert at Darien Lake Performing Arts Center on Sunday.

Raymond J. Kolas, 29, of Four Mile Run, Pittsburgh, Pa., is charged with harassment, 2nd, after allegedly striking a security guard while attempting to enter the concert venue with a false access pass. Kolas was released on $100 pre-arraignment bail to appear Oct. 11 at 5 p.m. in Darien Town Court.

Thomas E. White, 26, of Fitch Road, Ransomville, is charged with disorderly conduct after allegedly causing a disturbance in the concert grass parking lot.

Adam C. Hellwig, 26, of Olean-Portville Road, Portville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Whitmire, 25, of Stone Hill Road, Livonia, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Robert D. Farnham, 25, of Campbell Blvd., Lockport, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while leaving the concert and then resisting arrest.

Ari J. W. Maio, 26, of Mulberry Street, Rochester, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Durst J. J. Buchebal , 21, of Clay Street, North East, Pa., is charged with unlawful possession of marijuana after allegedly possessing a small quantity of marijuana.

Adrianne M. Ceglia, 48, of Rapids Road, Lockport, is charged with harassment, 2nd, after allegedly pushing a security guard inside the concert venue.

Robert L. Burns, 57, of Barbadus Drive, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and attempting to punch a security guard inside the concert venue.

Joshua M. Carney, 20, of Wescott Street, Buffalo, is charged with false personation and possession with intent to consume alcohol after allegedly lying about his date of birth after being found in possession of alcohol.

The following people received citations for alleged underage drinking.

Bridget A. Kruszka, 20, of Dover Street, Lakeview
Shannon E. Yates, 19, of Garlow Road, Niagara Falls
Jamie L. Skrlin, 19, of Saunders Settlement Road, Lewiston
Jacob A. Piersc, 20, of Seneca Place, Lancaster
A 17-year-old of Meadowbrook Drive, Albion
Lucas J. Hellwig, 20, of Olean-Portville Road, Portville
A 17-year-old of Nash Road, North Tonawanda
A 17-year-old of Walmore Road, Wheatfield
A 17-year-old of Miller Road, Niagara Falls
A 17-year-old of Saunders Settlement Road, Niagara Falls
A 16-year-old of Center Pine Lane, Williamsville
A 16-year-old of Wood Acres Drive, East Amherst
Joshua M. Cohen, 18, of Valley Brook Lane, East Amherst
A 17-year-old of Driftwood Court, Williamsville
A 17-year-old of Arielle Court, Williamsville
Amira M. Sarkis, 20, of Long Pond Road, Greece
Dominique Estratti, 19, of Northwind Way, Rochester
Sean P. Federow, 19, of Marshall Road, Niagara Falls
A 17-year-old of East Rouen Drive, Cheektowaga
Cody D. Mayer, 19, of 5th Street Court, East Bradenton, Fla.
A 16-year-old of South Academy Street, Albion
A 16-year-old of Gilhooly Road, Alexander
Amanda M. Przybylski, 20, of Penora Street, Depew
Lauren M. Berner, 18, of Town Line Road, Lancaster
Karly D. Manges, 19, of Three Rod Road, Alden
A 17-year-old of David Road, Williamsville
A 17-year-old of Deveaux Street, Niagara Falls
A 16-year-old of North Military Road, Niagara Falls
A 17-year-old of Hermitage Road, Niagara Falls
A 17-year-old of Isherwood Drive, Niagara Falls
A 17-year-old of River Road, Niagara Falls
A 17-year-old of Colin Court, North Tonawanda
A 17-year-old of Switch Road, Stevensville, Ontario, Canada
Jason A. Michaud, 19, of O’Reilly Road, South Wainfleet, Ontario Canada
Brooke M. Lindsay, 20, of Birch Court, Port Colborne, Ontario, Canada
Sean A. G. Parker, 20, of Burnaby Road, Wainfleet, Ontario, Canada
Casey J. Benson, 20, of Union Street, Port Colborne, Ontario, Canada
Dylan D. Edwards, 19, of Knoll Street, Port Colborne, Ontario, Canada
Joshua R. Feith, 19, of Hwy. 3RR1, Wainfleet, Ontario, Canada
Landon S. Minor, 18, of Lakeshore Road, Wainfleet, Ontario, Canada
Sarah L. Pickersgill, 19, of Forest Avenue, Port Colborne, Ontario, Canada
Tage A. Crooks, 19, of Sherk Road, Port Colborne, Ontario, Canada
Jonathan L. Aarts, 20, of Pettit Road, Wainfleet, Ontario, Canada
Mark A. Kramer, 19, of Stanley Street, Port Colborne, Ontario, Canada
Markie L. M. Peyton, 18, of Clarence Street, Port Colborne, Ontario, Canada
A 16-year-old of Lakeshore Road, Port Colborne, Ontario, Canada
Saraya A. Madden, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada
A 17-year-old of Lakeshore Road, Wainfleet, Ontario, Canada
A 17-year-old of Forks Road, Welland, Ontario, Canada

A person is reportedly unconscious after being assaulted by an assailant at the Crooked Creek Driving Range on Sumner Road, Darien.

The location is near Darien Lake Performing Arts Center where there is a Toby Keith concert tonight.

Law enforcement and Darien fire and ambulance in route.

Law enforcement is called to Darien Lake Theme Park in response to a complaint of a patron cutting a stuffed animal at a ring-toss game on the Midway. The stuffing is supposedly "all over the Midway" and the man refuses to heed the directives of security.

A fight is reported on The Hill across from the employee entrance of Darien Lake Theme Park off Sumner Road, Darien. The address is 1516 Sumner Road.

As many as 50 people are said to be involved.

Sheriff's deputies and State Troopers responding.

The Barker Brothers, jailed in June on drug charges, are accused of using their time behind bars to plot murder.

The brothers, Derick, at left, and Justin, allegedly arranged for a friend from Georgia to travel to New York and snuff out an unidentified target. But when the would-be killer couldn't make the trip, the brothers allegedly asked another person to do the deed.

According to the Genesee County Sheriff's Office, money changed hands and an agreement was reached.

The potential target, who was notified by law enforcement about the plot, was never in danger of harm, according to the Sheriff's Office.

Derick W. Barker, 26, of Tera Boulevard, Jonesboro, Ga., and Justin Z. Barker, 22, of North Lyon Street, Batavia, where both charged with one count of conspiracy in the second degree.

The investigation into the alleged conspiracy began two months ago, according to the news release.

Separate from the conspiracy investigation, Justin Barker is also charged with 303 counts of aggravated harassment, 2nd, and one count of criminal contempt, 1st.

Justin is accused of contacting a person protected by court order 303 times by telephone and U.S. Mail between June 1 and Aug. 31.

The order of protection was issued by Justice Thomas Graham in Oakfield Town Court.

Justin is also charged with three counts of forgery and three counts of offering a false instrument for filing, 1st.

Justin and Derick were arraigned in Batavia City Court and jailed without bail.

The Barker Brothers made news in June when police were called to a local hotel where a trio of young men were accused of not paying their bill and refusing to leave a hotel room.

Derick reportedly fled the hotel and was eventually flushed out of a farm field on the opposite side of the Thruway.

The drug charges that put them in the Genesee County Jail in the first place, along with other charges, stemmed from the June 1 incident.

A pair of paving contractors from New Hampshire were jailed yesterday after being accused of soliciting without a permit.

Taken into custody where Stephen C. Batchelder, 31, of Mammoth Road, Hooksett, N.H., and Robert J. Batchelder, 33, of Thorpe Street, Manchester.

The duo was allegedly observed on North Lyons Street in the city soliciting driveway paving jobs. A short time later, Stephen and Robert reportedly arrived at an address on North Lyons to pave the driveway of a resident. 

Sgt. Thomas Sanfratello interviewed the subjects and learned they worked for Affordable Asphalt but allegedly did not have a permit to solicit in the City of Batavia. Sanfratello reports that he learned the duo had been ordered out of service by the federal government.

A State Police inspector was called to the scene. He inspected the vehicle and trailer being used by Stephen and Robert. As a result, Stephen was issued 15 additional license, registration and equipment violations.

Stephen was jailed on $2,500 bail and Robert was jailed on $750 bail.

According to the Nashua Telegraph, Robert and Stephen are tied to the Stanley Paving Company. As The Batavian reported in 2010, some local residents felt they might have been scammed by Stanley Paving.

As we reported in April, Stanley Paving was again reportedly working in Genesee County this summer.

Photos: Stephen Batchelder, top; Robert Batchelder, bottom.

Raymond S. Woeller, 51, of 66 Lake St., Apt. 2, Le Roy, is charged with possession of a forged instrument, 2nd, and grand larceny, 4th. Woeller is accused of forging a friend's signature and withdrawing money from that person's bank account. Woeller was picked up at 11:26 p.m., Wednesday, on a warrant out of Batavia City Court. He was jailed without bail.

A 16-year-old of Mechanic Street, Byron, is charged with endangering the welfare of a child. The youth allegedly ran away from a foster home with two juvenile females.  The youth was jailed on $250 bail.

A 16-year-old of Spencer Court, Batavia, is charged with petit larceny. The youth is accused of stealing $52.58 worth of merchandise from Kmart.

Russell Ray Miles, 43, of East Main Street, Le Roy, is charged with harassment, 2nd. Miles is accused of pushing another person during an argument in the parking lot of the Le Roy Country Club. The incident was reported at 8:11 p.m., Wednesday.

Kayla L. Rapone, 20, of 24 Holland Ave., Batavia, is charged with person under 21 purchasing alcohol. Rapone is accused of using a fake ID to purchase beer at a local store.

Kurt H. Hawkins, 18, of 3 Tracy Ave., Batavia, is charged with harassment, 2nd. Hawkins is accused of punching another person in the face.

There is a reported fight, both verbal and physical, on Church Street in Le Roy near the footbridge.

One subject may need medical attention.

It is unclear how many subjects were involved, though it appears the fight is over.

Police officer on scene reports, "There's a bunch of people here on the footbridge."

The mother of a child who fell from a second-floor window on Aug. 22 has been charged with three counts of endangering the welfare of a child.

The woman turned herself in to Batavia Police today following an investigation into the incident.

Charged was Jessica R. Lyke, 23, of 18 East Ave., Batavia.

The 17-month-old child who fell from the window was treated at Strong Memorial Hospital in Rochester and has since been released. 

Le Roy Police have arrested a man who reported that he was robbed and that a suspect was chasing him with a gun.

The man later admitted that he fabricated the story.

Charged with falsely reporting an incident, 3rd, was Donald J. Pettit, 27, of Friendship.

Pettit allegedly called 9-1-1 in the early morning hours of Sunday and made the report.

He was arraigned in Town of Le Roy Court and released on an appearance ticket.

A Batavia man admitted in Genesee County Court today that he possessed a forged insurance check as part of a plea deal that could have him serve a six-month intermittent sentence and a period of time on probation.

Sentencing on the charge for Ryan Shrauger, 41, of 6 Hull Park, Batavia, was set for Oct. 26.

Shrauger was initially charged in Batavia City Court on Aug. 18 with two counts of possession of a forged instrument, two counts of forgery and two counts petit larceny. On Aug. 22, Shrauger was charged in city court again with new counts of possession of a forged instrument.

Today, Shrauger told Judge Robert Noonan that he possessed an insurance check on June 27 in the amount of $900 that belonged to another person, and that he knew the signature on the check was forged.

The admission satisfies the other forgery charges.

On July 28, Shrauger was arrested on a arrest warrant out of city court and allegedly found in possession of cocaine and drug paraphernalia. He was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Those charges are still pending. 

Shrauger remains in jail on $10,000 cash or bond bail.

A person on a bike reportedly ran into a pole on West Main Street near Woodrow Road and sustained an injury.

The description of the bike reportedly matches one stolen earlier from a trailer park on West Main Street.

City fire is on scene with Mercy EMS and police are responding.

James R. Straub, 37, of Stoneham, Mass., is charged with DWI and refusal to take a breath test. Straub is accused of driving a golf cart on a public road while under the influence of alcohol. Witnesses contacted dispatch at 8:40 p.m. Sunday to report that a man in a "clown suit" (as the photo shows, more like a wild golf outfit) had taken off in a cart owned by Terry Hills and was heading toward the City of Batavia on Clinton Street Road. Straub was eventually located at a residence in the city where he was taken into custody by Deputy Bradley Mazur. Straub was arraigned in Town of Batavia Court and committed to the Genesee County Jail without bail. Straub is reportedly out on $500. Batavia PD assisted in the investigation.

Douglas Brian Uberty, 39, of South Street Road, Le Roy, is charged with two counts of disorderly conduct. Uberty was taken into custody by Deputy James Diehl following an investigation into reports of a man in the Target store at 7:30 p.m., Aug. 17, attempting to look up the shorts and skirts of women in the store. Uberty is also accused of peeping over the wall of a fitting room in the women's department.

Shawn Dowain Phillips, 18, of Bartlett Street, Rochester, is charged harassment as a violation. Phillips is accused of dragging a person outside and punching the person in the face. The incident was reported at 1:44 a.m., Sunday.

Rexine Evelyn Johnson, 45, of Seldon Road, Le Roy, is charged with harassment, 2nd. Johnson is accused of pushing a female friend twice.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, is charged with DWAI, speeding (63 mph in a 40 mph zone) and driving out of class. Torres was stopped at 2:48 a.m., Saturday, on Main Street Road, Batavia, by Deputy Howard Carlson.

Ryan Andrew Grady, 20, of Pearl Street, Lancaster, is charged with unlawful possession of marijuana. Grady was found to allegedly possess marijuana while in the parking lot at Darien Lake at 11 p.m., Aug. 7, by Deputy Brian Thompson. 

A 17-year-old of Black Street, Sloan, is charged with unlawful possession of marijuana. The youth was charged after allegedly being found with marijuana while in a car parked at Darien Lake Theme Park by Deputy Brian Thompson.

Paul Anthony Swartz, 36, of Route 20 A, Orchard Park, is charged with unlawful imprisonment, 2nd. Swartz was arrested in Darien on a warrant out of Tonawanda. Swartz was turned over to Town of Tonawanda Police.

Charnika Darshae Givens, 19, of Northumberland Avenue, Buffalo, is charged with petit larceny. Givens is accused of shoplifting from the gift shop at Darien Lake Theme Park at 5:30 p.m., Aug. 6.

A possibly sick or intoxicated man is reportedly staggering in the middle of the roadway, thereby creating a traffic hazard, near 110 Munson St. in Le Roy. He's walking toward Gilbert Street. Le Roy Police Department is responding.

UPDATE 9:02 p.m.: The subject is now on Gilbert Street and an officer is at the scene.

A person dressed in a clown suit is believed to have stolen a golf cart at Terry Hills Golf Course just a few moments ago. Staff tried following the person down Clinton Street Road and it is believed he or she may have fled into a nearby field.

Law enforcement is responding.

UPDATE 8:49 p.m.: The brother-in-law of the suspect along with the suspect himself are speaking with law enforcement now at a residence on Clinton Street.

An argument in a back yard on Central Avenue over clothes led to two people being charged with harassment, 2nd, including one woman accused of striking a man with a baseball bat.

Arrested and released on appearance tickets were Paul C. Wapniewski, 55, of 410 Ellicott St., Batavia, and Cheryl M. Lyons, 45, of 14 Vine St. Batavia.

Lyons is accused of hitting Wapniewski with the bat after Wapniewski allegedly shoved Lyons' mother.

The arguement broke out around 7 p.m., Saturday.

Officer Marc Lawrence investigated the incident.

The driver says it was Saturday morning's fog that caused him to miss a stop sign on Freeman Road, South Byron, but that didn't stop a deputy from charging him with DWI.

Charged was Brian R. Dilcher, 25, of Clinton Street Road, Batavia, who was also cited for alleged failure to stop for a stop sign.

Dilcher was eastbound on Freeman Road at 5 a.m. in a 1994 GMC pickup when he allegedly went through the sign at Coward Road, Byron.

His truck struck a Verizon utility box and then a tree.

Dilcher suffered minor injuries, but did not require ambulance transport.

The accident was investigated by Deputy Eric Seppala.

A driver was charged with unlawful possession of marijuana after being involved in a motor vehicle accident on Albion Road, Oakfield, at 2:58 p.m., Saturday.

The driver made a left turn into a drive and told Deputy Timothy Wescott that she had time to beat the southbound car that struck her 2006 Toyota.

The driver of the other car, a 1999 Chevy SUV, Lawrence E. Rebert, of East Shelby Road, Oakfield, was transported by ground ambulance to UMMC with minor injuries.

Charged with UPM and failure to yield the right of way was Andrea C. Rosone, 30, of Albion Road, Oakfield.

The accident occurred in the area of 6478 Albion Road, Oakfield.

(Initial Report)

Two Rochester residents were charged with various offenses Thursday after the Local Drug Enforcement Task Force initiated a traffic stop on the car they were in.

Arrested where Abdullah H. Shareef, 30, of Locust Street, and Michael D. Brewer, 41, of Grand Avenue.

Shareef was charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, plus unregistered, uninsured and uninspected motor vehicle.

Brewer was charged with unlawful possession of marijuana.

Both suspects were issued appearance tickets.