crime

There were 10 more break-ins into unlocked cars in the Town of Batavia overnight.

Six occurred on Stringham Drive, two on Violet Lane and two on Terry Hills.

The usual items were taken, according to Deputy Chief Gordon Dibble, adding that the break-ins may be related to yesterday's thefts.

"For the most part, the thieves are limiting their efforts to unlocked cars with valuables in plain sight," he said. "Locking cars and removing valuable items (maybe locking them in the trunk) would seem to be prudent advice."

A Stafford man admitted this morning to brandishing a rifle in a threatening manner during a dispute on March 17.

Michael A. Nicometo, 24, also pleaded guilty to an unrelated misdemeanor DWI charge and aggravated unlicensed operation of a motor vehicle. He was arrested on the DWI charge in Le Roy on Sept. 6.

As part of the plea arrangement, a handful of traffic tickets, some stemming from the Sept. 6 arrest and two others from other dates, were dismissed.

Nicometo will be released to an alcohol treatment facility and will come back at a later date for bail review and sentencing on the menacing and DWI pleas.

The maximum sentence imposed on Nicometo, primarily for the aggrevated unlicensed operation charge, could be four years in state prison. But if Nicometo follows the judge's orders, he could face a maximum sentence of 1 1/3 to 3 years. Regardless, the menancing charge would result in a concurrent sentence.

A Batavia man accused of selling cocaine and crack cocaine on two different occasions plead not guilty today to all the pending charges.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance stemming from an arrest earlier this month. In June, Lee was arrested and charged with criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. He was reportedly a resident of Ross Street at the time of that arrest.

Lee is out of jail after posting bail of $50,000 for the first arrest and an additional $5,000 on the second set of charges.

Previously:

• Batavia man accused of dealing cocaine
• Police Beat: Alleged drug dealer on Maple Street in Batavia arrested

Two men accused of dealing drugs in Batavia -- in separate cases -- were in court today to consider possible plea bargains and both men said they needed more time to think about the offers.

Michael R. Ransear, 24, of Rochester, was arrested in January for allegedly dealing crack cocaine. His aunt was arrested at the same time for alleged possession of a controlled substance.

Today, Asst. D.A. David Gann told Judge Robert Noonan that Ransear has been offered a plea that would lead to a maximum six-month sentence. He would be required to plead guilty to a class D felony, criminal sale of a controlled substance.

Ransear's attorney, Fred Rarik, said his client requested more time to think about it. Judge Noonan set a trial date for October, but also granted Ransear an extension on the plea offer.

Kirby S. Wall, 32, of Rochester, was arrested in April. He reportedly tried to run from police to evade arrest but was subsequently caught in the area of 400 Towers.

Wall has been offered a 2 1/2- to 3 1/2-year prison term in exchange for pleading guilty to a felony count of criminal sale of a controlled substance as a second serious felony offense.

Wall, also, wants more time to consider the offer. Judge Noonan granted an extension on the offer, but also set a trial date in the case.

Gann asked that as a condition of his plea, Wall be required to return "the buy money," which he allegedly ditched during the foot pursuit.

Both Wall and Ransear are out on bail.

Cody L. Pahuta, 18, of 9548 Alleghany Road, Corfu, is charged with rape in the second degree, a criminal sexual act and endangering the welfare of a child. Pahuta is accused of having sexual intercourse with a 14-year-old girl. He was jailed on $10,000 bail. The case was investigated by Village of Corfu Police.

Joel D. Prouty, 23, of 705 Old State Road, Bergen, is charged with DWI, aggravated DWI with a BAC of .08 percent or greater and citations for alleged unsafe lane change, consumption of alcohol in a motor vehicle, uninspected motor vehicle and failure to notify DMV of an address change. Prouty was stopped by Deputy Jason Saile on Thwing Road in Stafford following a report of a suspicious person in the area. Prouty was issued an appearance ticket.

A Stafford man was robbed in his home this morning after he answered a knock on the door only to be hit on his head by a man wielding an unknown object, and when he regained consciousness, the 22-year-old had been cut on his chest and face.

He was treated at UMMC, although his injuries were not serious.

The robber or robbers grabbed his wallet and smashed his mobile phone. The wallet was recovered in the driveway, short $30 cash.

No other items were reported stolen.

The suspect is described as a male in his early 20s, stocky build, wearing blue jeans with a black hoodie. He may have been driving a red Pontiac Grand Am.

The incident occurred between 9:30 and 9:45 a.m..

Anybody with information is asked to call investigator Kristopher Kautz at the Genesee County Sheriff's Office, (585) 343-5000.

A significant amount of blood was found in at least one vehicle that was the target of an overnight larceny in the Town of Batavia.

The blood -- some of which was collected as evidence -- had law enforcement officials checking with UMMC for anybody who might have reported to the emergency room with a hand or arm laceration.

No suspects were identified through the hospital check.

A total of eight cars were broken into overnight in the Edgewood, Route 33, South Main area, according to Chief Deputy Gordon L. Dibble. Items taken include GPS units, radar detectors, change and sound systems -- some of which were ripped out of dashboards.

All but one of the cars were left unlocked, according to Dibble, and three were left with keys in the ignitions. No cars were reported stolen.  The criminal broke a small window to gain entry to the one locked car he hit.

There was also at least one car struck in the same area within city limits.

If you happen to come across anybody with unexplained cuts, or can offer any other evidence to help solve this or other recent car break-ins, the Sheriff's Office can be contacted at (585) 345-3000 (press "1" for dispatch).

A Le Roy woman is accused of stealing jewelry, credit cards and checks from a friend and then forging the checks before cashing them at a local bank.

Olivia J. Paganin, 20, of Summit Street, allegedly took the items between June 3 and July 5.

She is charged with criminal possession of a forged instrument, two counts of grand larceny and one count of petit larceny.

Paganin is already in the custody of New York State Department of Corrections on an unrelated matter (not disclosed) and returned to the correctional facility following her arraignment yesterday.

An arrest has been made in a nine-month old burglary in Le Roy, and the suspect is a man already in Erie County Jail on unrelated attempted murder and weapons charges.

Albert J. Bauer, 40, of Akron, is accused of breaking into a Lake Street office on Nov. 11 and, along with an accomplice, damaging the property and stealing more than $1,000.

The burglary was interrupted in progress and Bauer allegedly fled by jumping out of a second-story window.

He was arraigned in Le Roy Town Court yesterday on charges of burglary in the third degree, grand larceny, criminal mischief and conspiracy.

Following his arraignment, Bauer was returned to Erie County Jail.

Det. John Condidorio of the Le Roy Police Department handled the investigation.

John W. Lavender, 77, of 174 Broadway, Darien, is charged with attempted assault in the second degree. Lavender allegedly struck his girlfriend on the hand with a cane during a domestic dispute. The alleged incident occurred at about 9:14 p.m. Monday.

Michael P. McDonald, 44, of 39 Kingsbury Ave., Batavia, is charged with a felony DWI. McDonald was stopped after police received a report of a driver seen drinking a beer.  Officer Wayne Fenton made the traffic stop and upon further investigation determined McDonald was allegedly drinking and driving. The DWI is a felony because McDonald reportedly has a DWI conviction within the prior 10 years. He was jailed without bail.

Anthony J. Rivera, 25, of 208 Vermont St., #2, Buffalo, and Ilena Carrillo, 27, of the same address, and Damian Rivera-Melendez, 20, of 353 Plymouth Ave., Buffalo, are each charged with a felony count of gang assault in the 2nd degree. The trio allegedly hit a man several times, causing serious injury, following a dispute over cutting in line at Darien Lake Theme Park. The victim was not identified by the Sheriff's Office. The three suspects were jailed on $15,000 bail each.

Janette Sonia Vazquez, 24, of 854 Prospect Ave., Apt. 4, Buffalo is charged with harassment. Vazquez reportedly threatened to stab an employee of Darien Lake Theme Park.

Jody B. Gillet, 48, of 8 Pine Hollow Drive, Batavia, is charged with assault. Gillet allegedly stabbed another person several times. The alleged incident took place at Country Meadows trailer park on Sept. 5. The alleged victim was transported to Strong Memorial Hospital and has since been released. Gillet as jailed on $5,000 bail. The incident was investigated by Deputy Bradley D. Mazur and Investigator Timothy Weis.

Rebecca J. Sando, 44, of 5678 Walkers Corner Road, Elba, is charged with criminal contempt. Sando allegedly approached a woman she was barred from going near.

Sarah J. Emerson, 25, of 15 Ross St., Batavia, is charged with harassment and criminal contempt. Emerson allegedly poured a can of beer on her husband and then allegedly pushed him on his chest and face. Emerson allegedly violated an order of protection. Emerson was jailed on $1,500 bail.

Shandell M. Lissow, 21, of Brookville Road, Alexander, is charged with unauthorized use of a motor vehicle. Lissow allegedly borrowed a car from a friend and then failed to return it as agreed.

Stephen P. Medwid, 52, of 9364 Alexander Road, Alexander, is charged with DWI, DWI with a BAC of .08, failure to take breath test and failure to yield. Medwid was arrested following at traffic stop Friday at 9:29 p.m.

Sharon M. Burns, 20, 14 Parkwood Road, Hilton, is charged with petit larceny. Burns is accused of shoplifting several items from Target.

A 16-year-old was arrested by State Police at Alexander Middle School, 3314 Buffalo St., Alexander. The youth is from East Bethany. He was arrested Wednesday about 12:30 p.m.  He was issued an appearance ticket. No further details are available.

Kyle Washington, 19, of Lake Road, Pavilion, is charged with assault. He is accused of punching another man in the face Saturday during an argument on Clay Street. The man reportedly suffered a broken jaw. Washington was jailed on $1,500 bail.

Lee Petra Sosa, 18, of 8170 Batavia-Stafford Townline Road, Batavia, and a 17-year-old alleged accomplice from Rochester are charged with criminal tampering. Sosa and her associate are accused of entering the Batavia Arrowmart today at 1:32 a.m. and throwing eggs at a store clerk.

Kedrick Ivan Chatman, 18, of 82 Shirley Ave., Buffalo, is charged with petit larceny. Chatman is accused of stealing a magazine from the 48 Deli Express at 8204 Park Road. Chatman was jailed on $300 bail.

Joseph M. Erickson, 38, of 612 Robertson Road, Churchville, is charged with public lewdness. Erickson is accused of masturbating in Target.

Jeanna Marie Hattaway, 22, of 113 Jackson St., Batavia, is charged with petit larceny. Hattaway is accused of removing several pairs of earrings from a display in Target and then leaving the store without paying for the items. Another young woman, who is not identified by age or residence, was arrested with Hattaway.

Statements made by a former Le Roy Fire Department chief can be used at his potential trial on nine counts of misappropriating fund from the department.

Stephen C. Smith, who served four years as chief and four as an assistant chief, was in court today for a pretrial hearing on a motion by his attorney, Thomas Burns, to suppress the statements as improperly obtained.

Judge Robert Noonan ruled that Smith did know he was talking with a police detective during his initial questioning and that once he was placed in custody and asked more questions, he had been read his Miranda warnings.

Smith is accused of misusing a department credit card, putting a personal cell phone on the department's mobile phone account and filling his personal vehicle with department gas.

The charges filed against Smith:

• Tampering with public records in the first degree: Smith is accused of altering an invoice for $896.49.
• Tampering with public records in first degree: Smith is accused of creating a false receipt in the amount of $390.
• Defrauding the government: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Forgery in the second degree: Smith is accused of altering an invoice for $896.49.
• Forgery in the second degree: Smith is accused of creating a false receipt in the amount of $390.
• Falsifying business records in the first degree: Smith is accused of creating a false receipt in the amount of $390 in order to get the fire district to pay for personal purchases.
• Falsifying business records in the first degree: Smith is accused of altering an invoice for $896.49 in order to get the fire district to pay for personal purchases.
• Grand larceny in the fourth degree:  Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Official misconduct: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.

A Batavia teenager who admitted to raping a 15-year-old girl in his home on Feb. 16 is fortunate he can't receive a lengthier prison sentence than he received today, according to District Attorney Lawrence Friedman.

Friedman told Judge Robert Noonan prior to the sentencing of Oliver Thomas, 17, that the DA's office accepted a plea to rape in the third degree only after Thomas' friends lied about the incident and if the case went to trial, the People would have been relying primarily on the testimony of the victim.

After Thomas plead guilty to rape in the third degree, during the Genesee Justice probation investigation, Thomas admitted that he did in fact forcibly rape the girl.

Thomas was originally charged with rape in the first degree.

"He is very fortunate that he saved his admission until after his plea," Friedman said. "We would never have given him the plea and he would be facing a lengthy mandatory determinant sentence."

Judge Noonan agreed that he likely would have given Thomas the maximum sentence for what he described as a "very violent felony" against a "very young victim."

Thomas received an indeterminate sentence (meaning he can receive credit for good behavior and showing he's been rehabilitated) of one-and-a-third to four years in state prison.

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

A warrant is being issued for the arrest of a Lockport man who failed to appear in Genesee County court this morning for his sentencing on an attempted burglary conviction.

(name redacted upon request) admitted in May to entering a portion of a business in Darien that the public was not authorized to enter and grabbing bags of money. The manager caught him before he could leave.

As part of xxxxx plea deal, Judge Robert Noonan had offered him probation with a sentence cap, but xxxxx is now looking at incarceration once he's arrested.

Noonan also indicated that both the Genesee County and Orleans County probation departments recommended Wisniewski be jailed for some time rather than given probation.

George M. Hodges, 19, of 9 S. Lyon St., Batavia, and Daniel D. Williams, 20, of 20 Mill St., Batavia were both charged with disorderly conduct and obstructing governmental administration. Batavia Police officers were at an Oak Street residence assisting the Department of Social Services in an investigation when the suspects allegedly yelled profanities at the officers and confronted investigators and attempted to prevent them from speaking to the residents.

Randy Johnson, 21, of 10182 Brookville Road, Alexander, is charged with criminal mischief and unauthorized use of a motor vehicle. Johnson allegedly took a vehicle without permission of the owner, and when confronted by the owner, Johnson allegedly caused damage to the vehicle. The incident was investigated by Deputy Chad Minuto.

Richard Jordan Franz, 19, of 9898 Simonds Road, Corfu, and Michael Richard Bitter, 19, 3198 Pike Road, Alexander, are charged with unlawful possession of marijuana. Franz and Bitter were arrested after deputies came to an unspecified residence to investigate a reported suspicious circumstance and allegedly found Franz and Bitter in possession of marijuana. The incident occurred at 1 a.m. Saturday.

Hal D. Philips, 58, of 11096 Molasses Hill Road, East Bethany, is charged with DWI, aggravated DWI, refusal to submit to breath test, failure to keep right and operating with a suspended registration. Philips was stopped on Molasses Hill Road by Deputy Kevin McCarthy for alleged failure to keep right at 11:45 p.m. on Tuesday.