crime

Danielle L. Young, of Orchard Park, is charged  with DWI and DWI with a BAC of .08. Young was stopped by State Police on Sumner Road in Darien.

Kaylie N. Rumon, 23, of Elmira, is charged with  DWI and DWI with a BAC of .08. Rumon was stopped by State Police in the City of Batavia.

Joey Somsy, 21, of Buffalo, is charged with DWI and DWI with a BAC of .08. Somsy was stopped by State Police on Colby Road in Darien.

Brian P. Verney, 25, of Attica, is charged with petit larceny and possession of a hypodermic instrument. Verney is accused of shoplifting from Wal-Mart. He was arrested by State Police and jailed without bail.

Amy L. Showler, 34, of Batavia, is charged with petit larceny. Showler is accused of shoplifting from Wal-Mart. She was arrested by State Police.

A 15-year-old from Batavia is charged with petit larceny and trespass. The alleged crime occurred on West Saile Drive on Aug. 23 in Batavia and was investigated by State Police.

Erica Michelle Raphael, 24, of 335 Bank St., Batavia, is charged with petit larceny.  Raphael is accused of shoplifting from Target.

A Batavia man is in jail without bail after being found driving a car that was reported stolen Wednesday morning.

The auto theft was apparently part of a house burglary in the 200 block of State Street.

Reginald Wilson, 36, of 112 State St., is charged with criminal possession of stolen property.

Wilson was reportedly found driving the stolen car on Lehigh Street at 8 p.m. Wednesday.

Police are investigating whether he was involved in the auto theft and burglary.

Paul Pontillo, of Pontillo's Pizza in Batavia, is accused of writing bad checks from a business account.

The alleged bad checks were written in 2008.

The 53-year-old Pontillo was arraigned in City of Batavia Court yesterday and released on his own recognizance.

Previously:

• State says: Pontillo's Pizza in Batavia owes more than $112k in back taxes
• Pontillo brother wants his name cleared of blame for tax problem
• Pontillo's brothers may head to court
• Batavia Daily News Friday: Pontillo's reopening soon doesn't look good
• Pontillo's: Open for Delivery

Gregory M. Brew, 24, of 4799 Linden Road, East Bethany, is charged with DWI and unlicensed operationof a vehicle. Brew was arrested at Strong Memorial Hospital following a rollover accident on East Road at 10:38 p.m. on Wednesday. No other vehicles were involved in the accident. Deputy Matt Butler investigated the incident.

Tyrell T. Harris, 19, of 114 W. Englewood Ave., Teaneck, N.J., and William P. Ponder, 19, of 3905 Carpenter Ave., Bronx, are charged with trespass. Harris and Ponder were allegedly involved in an incident at College Village and told to leave. After Sheriff's deputies left College Village, Harris and Ponder allegedly returned. They were jailed on $250 bail each.

William Grey Neff, 35, of 1210 S. Main St., Medina, is charged with forcible touching. Neff is accused of forcibly touching a woman.

Kelly A. Decker, 23, of 127 Liberty St., upper, Batavia, is charged with petit larceny. Decker is accused of stealing $200 from July 23 to Aug. 20 while employed as a cashier at Kmart.

Dustin R. Benham, 20, of Darien, is charged with petit larceny and criminal possession of a controlled substance. Benham was arrested by State Police in the Town of Batavia. He was held without bail. No other details were provided.

Anne Marie Weremblewski, 55, of 4016 W. Main St. Road, #4, Batavia, is charged with criminal contempt. Weremblewski is accused of violating a no offensive conduct restraining order. She allegedly yelled obscenities at the protected party.

A man accused of assault and endangering the welfare of a child couldn't be arraigned in City Court today.

Jimpce J. Etienne, 33, of 30 Buell St., Batavia, speaks Creole and a Creole interpreter was not immediately available.

No date has been set yet for his arraignment.

Etienne allegedly choked a woman in front of her child.

A woman identified as his girlfriend was in court. She had sent a letter to the court asking that a "stay away" order be revised to require him to refrain from offensive conduct and not to drink alcohol around her or the children.

She told Judge Bob Balbick that Etienne is employed full-time and provides for their four children. In answer to a question by the judge, she said she isn't afraid of Etienne and that he never causes a problem during the weekdays when he's working. This implied problems only occur on weekends when he might drink.

Balbick also ordered an alcohol evaluation by Genesee Justice. Etienne's bail was made last night, but the judge released him on his own recognizance.

Standing before Judge Bob Balbick  in handcuffs and leg chains, Andre L. Scott said he was not guilty of the charges of arson, attempted murder and burglary.

Scott, standing 6' 8" in his green state prison clothes, offered no other statement. He is accused of starting a fire Jan. 24 with the intention of killing at least one of the residents of the dwelling.

Bail in this case was set at $100,000, but he's already in state prison on a criminal weapon possession charge.

A felony hearing was set for Sept. 8 at 10 a.m. in City Court.

UPDATE 3:50 p.m.: Det. Chuck Dudek just sent out an updated press release with more details of the alleged crime.

Scott allegedly threatened the life of his recently ex-girlfriend's father prior to allegedly setting the fire. Scott allegedly started the fire by pouring gasoline on two flights of an interior stairwell and then igniting it. This stairwell is reportedly the only exit from the second- and third-floor apartments of the building. The first- and second-floor apartments were occupied at the time of the 10:20 p.m. fire. Occupants were able to escape the building through windows and were not injured. The father of Scott's ex-girlfriend lived on the second floor.

"A quick response by the City of Batavia Fire Department minimized damage and preserved evidence," Dudek wrote.

James S. Nottingham, Sr., 29, of 511 E. Main St., Batavia, is charged with assault in the second degree, two counts of endangering the welfare of a child, harassment, aggravated DWI, aggravated unlicensed vehicle operation and unlawful possession of marijuana. James allegedly got involved in an argument with a woman and during the incident, he allegedly threw a chair that struck a 4-year-old in the face causing an injury. James also allegedly grabbed another child by the hair. James then reportedly left the scene of the incident in a car. He was subsequently stopped and arrested for alleged DWI and marijuana possession. He was jailed on $3,000 bail.

Peter C. Ayala, 44, of 44 Walnut St., Batavia, is charged with obstructing governmental administration, harassment and resisting arrest. Ayala was arrested after police responded to a reported argument between a man and a woman. He was jailed on $2,000 bail.

Mark F. Limoli, 22, of Honeoye Falls, is charged with DWI, driving with a BAC of .08 and failure to stop for a stop sign. Limoli was stopped by State Police on Sunday night at 4282 Clover St. in Darien.

Troy Sanford Wescott, 25, of 717 Lemoyne Ave., Syracuse, is charged with petit larceny, harassment and criminal mischief. Wescott along with Harold G. Dings, 24, of 406 John St., Syracuse,  and Lyle R. Fish, 25, of 32 Gertrude St., Syracuse, allegedly entered Wal-Mart and put on clothing and other merchandise from the store. All three then allegedly cut a jacket from the store in an attempt to conceal more items inside of it. When confronted by store security, Wescott allegedly elbowed a woman employee of the store and started running. Dings and Fish then also ran from the store without allegedly paying for the items they had with them. A short time later, the trio was apprehended in the Batavia Downs parking lot by Deputy Tim Wescott and Sgt. Greg Walker. Dings and Fish are each charged with petit larceny and criminal mischief.

Jeanna M. Hattaway, 22, of 112 Jackson St., Apt. 2, Batavia, is charged with petit larceny. Hattaway is accused of shoplifting at Tops Market, 390 W. Main St..

Jimpce J. Etienne, 33, of 30 Buell St., Batavia, charged with assault and endangering the welfare of a child. Etienne allegedly choked a woman in front of her child.

Bruce Ross, 19, of 41 Longs Lane, Corfu, is charged with criminal mischief and reckless endangerment. Ross allegedly spun the tires of his vehicle, causing stones to fly that struck another person and hit a parked car.

Larry S. Yoho, 37, of 5155 E. Main St.Road, Batavia, is charged with criminal contempt. Yoho allegedly shoved a person during a dispute, and there was an order of protection in place regarding this person. Yoho was jailed on $2,500 bail.

Attempted murder and arson charges have been filed against a Rochester man accused of starting a fire at 12 Elm St., Batavia the night of Jan. 24..

Andre L. Scott, already in jail on an unrelated charge, will be arraigned tomorrow on charges of arson in the 2nd degree, burglary in the 1st and attempted murder in the 2nd.

Scott, 30, resides at 2323 Spencerport Road, Rochester.

The case was investigated by Det. Chuck Dudek of the Batavia Police Department.

Following the fire, the Batavia Fire Department reported the event in a press release:

The first alarm came in for 12 Elm Street with report of a possible explosion and flames showing. Within three minutes, city firefighters arrived on scene and quickly extinguished a fire that was found in the side stairwell of the three-story apartment house. Four residents were alerted by smoke detectors and were safely outside the structure when the firefighters arrived.

Previously:

• Jan. 25 fire under investigation as possible arson
• Back to back house fires keep Batavia fire crews busy throughout the night

A man arrested for alleged assault during the Lil' Wayne concert Thursday is now also accused  possessing cocaine in jail.

David F. John, Jr., 23, of 1248 Lackawana St., Buffalo, was placed into Genesee County Jail on $1,000 bail following an alleged altercation at Darien Lake Theme Park.

During a routine search at the jail, he was found to allegedly possess cocaine.

He has been charged with promoting prison contraband in the first degree.

John was initially charged with harassment and assault.

Bail on the new charge is $5,000.

In a rare turn of events, a man charged with multiple felonies is being released from jail today because the District Attorney's office did not bring his case to the Grand Jury in a timely manner.

Michael L. Jackson, Jr. still faces two counts of grand larceny, a count of burglary and a count of criminal mischief stemming from an alleged break-in at Holland High Lift building in Bethany on April 11, but Judge Robert Noonan released him this afternoon from Genesee County Jail, where he was held on $25,000 bail.

The D.A.'s office had 45 days to seek an indictment from the Grand Jury, but as Asst. D.A. Will Zickl explained to Noonan, the D.A.'s office has been waiting for DNA-match results from a Monroe County criminal lab.

Zickl argued that the DNA evidence could potentially make for a stronger case to bring to the grand jury, but it also could be exculpatory and be "to the defendant's benefit."  There have been requests sent to the lab to quickly finish the tests, but to date, no results have been received.

(Presumably, there was DNA evidence collected at the scene of the alleged crime. Zickl said Jackson submitted to a mouth swab at the time of his arrest.)

There were also ongoing negotiations for a plea bargain, Zickl said, which kept open the possibility of a plea without the necessity of a Grand Jury indictment.

Defense Attorney Gary Horton said he was aware of only one plea bargain offer from the D.A.'s office, and that offer was immediately rejected by Jackson.

Horton contended that there was nothing preventing the D.A.'s office from presenting the case to the Grand Jury at any time.

"There was probable cause for an arrest," Horton said. "If that probable cause appears sufficient for an arrest, then presumably it rises to the same level of proof for a Grand Jury."

Zickl also argued that Jackson is a significant flight risk. He allegedly left the state immediately after the alleged crime was committed, but Horton countered that Jackson didn't know he was a suspect in the case at the time and that he returned to New York voluntarily.

Noonan said the issue before him wasn't about DNA, it was whether the people could have presented the case, and he saw no reason the people couldn't have proceeded.

Jackson indicated that upon release he had a place to stay in Oakfield.

Jackson is accused of damaging parts worth $1,500 and stealing items worth at least $8,000 and a pickup truck valued at $19,000.

Twenty-three people were arrested at the Lil' Wayne concert last night at Darien Lake Theme Park.

A 16-year-old from Cheektowaga, charged with trespassing for allegedly jumping a fence to get into the concert venue.

Jonathan R. Bonner, 26, of 187 Jewett Ave. Upper, Buffalo, charged with trespassing after allegedly refusing to leave the concert venue.

Matthew A. Cary, 20, of 19 Cassandra Circle, Churchville, charged with unlawful possession of marijuana and possession of alcohol under age 21.

Sergio Cruz Vazquez, 22, of 7 Cheswick Drive, Churchville, charged with unlawful possession of marijuana.

Cameron D. Martin, 23, of 201 Privet Way, Rochester, charged with unlawful possession of marijuana.

Richard B. Wylie, 20, of 9717 South Protection Road, Holland, is charged with trespassing for allegedly jumping the fence to enter the concert venue.

Brian M. Johnson, 22, of 82 River St., Salamanca, is charged with disorderly conduct and unlawful possession of marijuana. Johnson allegedly tried to force his way into the concert venue. He was jailed on $250 bail.

Rose M. Wright, 26, of 17 Springfield Drive, Apt. D, Cheektowaga, is charged with is charged with disorderly conduct and unlawful possession of marijuana. Wright allegedly refused a request to stop swearing in public. She was jailed on $250 bail.

David J. Chauncey, 20, of 5931 Ellicott St., Pavilion, is charged with unlawful possession of marijuana.

Steven M. Chauncey, 18, of 5931 Ellicott St., Pavilion, is charged with unlawful possession of marijuana.

Timothy J. Penders, 18, of 146 Main St., Wyoming, is charged with unlawful possession of marijuana.

Mark P. Ricci, 18, of 281 Ridgeview Drive, East Rochester, is charged with criminal possession of marijuana after allegedly smoking marijuana in public view.

Bryon M .Wiese, 18, of 906 E. Main St., East Rochester, is charged with unlawful possession of marijuana.

David F. John, Jr., 23, of 12456 Longhorse Road, Lowtown, is charged with harassment and assault after allegedly hitting a woman and injuring a security guard who attempted to break up the incident. John was jailed on $1,000 bail.

Nicolo A. Chirico, 18, of 1820 Hudson Ave. Apt. 11, Rochester, was charged with criminal mischief. Chirico allegedly smashed a car window and was found sleeping in the vehicle.

Daniel J. Metz, 20, of 180 E. Abbott Grove, Orchard Park, is charged with possessing alcohol under age 21.

Kristen L. Fedick, 19, of 62 Southpoint Drive, Lancaster, is charged with possessing alcohol under age 21.

Alicia D. Dinardo, 19, of 29 Southwind Way, Rochester, is charged with possessing alcohol under age 21.

Michael R. Ritts, 19, of 8 Peppermill Lane, Orchard Park,  is charged with possessing alcohol under age 21.

A 10-year-old from Alexander J. Costello, IV, 19, of Hamburg was charged with possessing alcohol under age 21.

A 17-year-old from Kenmore was charged with possessing alcohol under age 21.

Paul A. Zagami III, 20, of 19 Arcade Ave., Amherst, is charged with possessing alcohol under age 21.

Alexis Cruz Vazquez, 20, of 7 Cheswick Drive, Churchville, is charged with possessing alcohol under age 21.

Harris G. Reed, 28, of 27 Perry St., Holley, is charged with petit larceny. Reed is accused of stealing a cell phone from a counter top at 11293 Lake Road, Pavilion. The alleged theft took place June 3. Reed was arrested Aug. 7. He will be arraigned in Pavilion Town Court Sept. 8.

A 17-year-old boy from Alabama has been charged with distributing indecent material to minors via a computer and endangering the welfare of a child. The youth allegedly sent nude pictures of himself to a minor female.

Jason W. Wolf, of the Town of Batavia, is charged with grand larceny, falsifying business records and 25 counts of offer to file a false instrument. The investigation by State Police is ongoing. The alleged crime was first reported Nov. 5. Wolf was arrested last week. He was released on his own recognizance. No other details were available on the SP media web site this morning.

Marcos Juan Gomez had a chance to turn his life around fairly quickly, but as he admitted to Judge Robert Noonan this morning, "I blew that up."

Gomez pled guilty in early May to robbery and Judge Noonan agreed to consider a lesser prison term if Gomez successfully completed a drug rehab program at a clinic in Rochester.

Outside the courthouse, Attorney Fred Rarik could only shake his head at the chance Gomez traded away for a maximum seven-year prison term imposed by Noonan this morning.

"I've seen Judge Noonan tell people 'I really didn't expect you to follow my orders' and reward them," said Attorney Fred Rarik outside the courtroom.

Gomez was back in court for sentencing on his robbery conviction because he reportedly left the rehab clinic before completing treatment and stealing something in order to get some money to buy heroin.

Rarik argued that Gomez deserved a chance to kick his addition.

"I've seen people struggle with addiction and fail many times before success," Rarik told Noonan. "I ask that you limit his incarceration to sufficient time for him to get treatment. I ask for three years."

But Gomez didn't just steal some DVDs to buy drugs from Target back in April, Noonan said. Gomez committed a violent felony, pulling out a large knife on a loss prevention officer.

"I see drug addicts day after day," Noonan said. "I spend a lot of time trying to figure out how to protect the community and at the same time help people deal with their addictions ... you committed a violent act because of your addition, so it is my responsibility, and I feel very comfortable with that responsibility, to separate you from society as long as possible."

Gomez expressed remorse for his crimes and his addiction.

"I've never been the type of person who would hurt somebody and I guess the drugs really got to me," Gomez said.

George Michael Thompson, 32, of 310 Wilson Drive, Milton, Ontario, Canada, is charged with criminal mischief and endangering the welfare of a child. Thompson allegedly got in a argument with a woman at Darien Lake Theme Park and proceeded to cause at least $250 damage to a camping trailer owned by the facility.  A 12-year-old child was present during the incident.

A 17-year-old from Albion is charged with petit larceny for allegedly stealing $53 worth of merchandise from K-Mart.

Wendy M. Cilnyk, 25, of 9 Liberty Ave., Lancaster, is charged with DWI, refusal to take breath test and moving from lane unsafely. Cilnyk was stopped by officer Chris Camp on Pearl Street after police received several calls about an erratic driver.

Jane Amanda Richardson, 24, of 788 Route 33, Corfu, is charged with falsifying business records and petit larceny. Richardson allegedly falsified business records at the Elba Yellow Goose store. The case was investigated by Deputy Brian Thompson.

Stacy R. Bechtold, 31, of 1429 East Drive, Alden, is charged with DWI and criminal impersonation, along with several other charges after being stopped by Sheriff's deputies at 10:29 p.m. Saturday. Bechtold was reportedly seen driving erratically from Alabama to Maltby Road in Oakfield. When stopped, Bechtold allegedly provided deputies with a fake identity and false birth date. It turns out, she reportedly was driving on a suspended license and an outstanding arrest warrant from Monroe County.  Additional charges: Driving with a BAC of .08 or greater, reckless driving, aggravated unlicensed operation, consumption of alcohol in a motor vehicle, failure to notify DMV of an address change, uninsured vehicle and failure to keep right. Deputies Chris Parker and Brad Mazur investigated the incident. Bechtold was released to the Monroe County Sheriff's Department on the outstanding warrant.

Christopher A. Saddler, 25, of 3 Lydun Drive, Albion, is charged with criminal mischief. Saddler allegedly punched a candy machine inside Tenney Laundry.

Gregory Seppe, 51, of 19 Manhatten Ave., Batavia, is charged with trespass. Seppe allegedly entered the Salvation Army after previously being told he was not allowed on the premises. He was jailed on $500 bail.

Vincent J. T. Dell, 21, of 17 Thorpe St., Batavia, and Nateeka M. Gibson, 20, of 13 Thorpe St., Batavia, are both charged with disorderly conduct for allegedly fighting at 3:07 Saturday morning. Jerell J.T. Jones, 20, of 17 Thorpe St., Batavia, was charged with littering during the same incident. Officers Dan Coffey and Frank Klimjack handled the call.

Vincent Michael Esten, 27, of 10998 Transit Road, Pavilion, is charged with filing a false report with the Sheriff's Office. Esten allegedly reported that another individual had opened a cable television account using his name. After further investigation, the report allegedly turned out to be false. Deputy Joseph Graff investigated the report.

Jody L. Beaumont, 39, of 8557 East Main Road, Le Roy, is charged with DWI and leaving the scene of a property damage accident.  Beaumont reportedly hit some trees on York Road and then allegedly left the scene. He was later located at his residence. He is also charged with a BAC of .08 or greater and moving from a lane unsafely. The accident reportedly occurred at 5:40 a.m., Sunday. Deputies John Weis and Frank Bordanaro investigated the incident.

Patrick S. Waldron, 21, of 1590 Edgewood Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and moving from a lane unsafely. Waldron was reportedly stopped Sunday at 1:15 a.m. at Route 237 and Walkers Corner Road.

Nicholas R. Harig, 19, of 170 Trowbridge Street, Buffalo, is charged with DWI following a traffic stop in Corfu by Officer Edward Caton for allegedly tailgating. Harig was also cited for having an inadequate muffler on his vehicle.

Dustin D. Say, 18, of 1952 Perry Road, North Java, and a 17-year-old companion from Alexander are charged with a felony count of burglary. Say and his companion allegedly entered an unlocked garage in Alexander and stole alcoholic beverages.

Sarah J. Patrick, 19, of Lockport, is charged with DWI. Patrick was stopped by State Police on Route 77 in Pembroke at 9:28 p.m. on Friday.

Chad A. Plante, 25, of Rochester, is charged with DWI, unlicensed operation and driving with a BAC of .08 or greater. Plante was stopped by State Police on Route 77 in Darien at 9:45 p.m. on Friday.

Benjamin P. Greene, 21, of Basom, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in designated lane. Greene was stopped by State Police on Galloway Road in Batavia at 2:31 a.m. on Sunday.

Daniel N. Brown, 36, of Le Roy, is charged with two counts of possession of a forged instrument. Brown was arrested by State Police on West Saile Drive in Batavia. The initial report was taken on June 7.  Brown was released on his own recognizance.

Sixteen people were arrested Friday night at the Blink 182 concert at Darien Lake Theme Park.

Charles J. Cook, 18, of 5 Cherry Lane, Orchard Park, charged with trespassing for allegedly jumping a fence to enter the concert venue.

Brett A. Causyn, 18, of 6596 Warboys Road, Byron, charged with trespassing for allegedly jumping a fence to enter the concert venue.

James W. Causyn, 19, of 6596 Warboys Road, Byron, charged with trespassing for allegedly jumping a fence to enter the concert venue.

A 17-year-old from Byron charged with trespassing for allegedly jumping a fence to enter the concert venue.

A 17-year-old charged with harassment for allegedly striking a security guard on the head.

Joel P. Proulx, 20, of 2730 Upper Mountain Road, Sanborn, charged with unlawful possession of marijuana.

A 17-year-old was charged with unlawful dealing with a minor and unlawful possession of marijuana after allegedly providing marijuana to a 14-year-old.

Thomas Gardner, 20, of 52 Woodshire North Road, Getzville, charged with unlawful possession of marijuana.

Daniel Myers, 21, of 88 Candlewood Lane, Williamsville, charged with unlawful possession of marijuana.

John J. Coppa, 18, of 9 Haverhill Road, Churchville, for unlawful possession of marijuana.

Nicolas Lacolla, 20, of 112 Heather Lane, Scottsville, charged with unlawful possession of marijuana.

Seth M. Evans, 19, of 2 Durham Circle, Fairport, charged with possession of alcohol by a person under age 21.

A 17-year-old from Fairport charged with possession of alcohol by a person under 21.

Justin M. Hamm, 21, of 90 S. S. Ellington Ave., Depew, charged with trespass for allegedly re-entering the concert venue after being kicked out. He was jailed on $200 bail.

Erin L. Falzarano, 31, of 1033 Keyes Ave., Schenectady, charged with petit larceny for allegedly stealing items from the concert venue. Falzarano was jailed on $250 bail.

John T. Plakas, 19, of 2045 Arcona Court, Niskayuana, charged with petit larceny for allegedly stealing items from the concert venue. Falzarano was jailed on $250 bail.

Overnight, a witness observed somebody entering parked cars along Cedar Street and called police.

Police officers E.E. Bolles and Frank Klimjack located the suspect on East Avenue and allegedly found him with the fruits of his crime -- items taken from a parked vehicle, including a bottle of prescription medicine.

Charged with petit larceny and possession of a controlled substance was Benjamin Evans, 20, of 11 S. Main St., Batavia.

Evans was arraigned before City Court Judge Michael Del Plato and bound over on $3,000 bail.

Mark S. Hoadley, 46, of Geneseo, is charged with DWAI. Hoadley was stopped in Pavilion by State Police for allegedly failing to stay in his lane of travel. Hoadley was reportedly found with a BAC of .07 percent. He was issued a ticket for driving with ability impaired by alcohol and failure to stay in designated lane.

Samoni T. Hazle, 23, of Le Roy, is charged with DWI. Hazle was stopped on Route 33 in Bergen for allegedly straying from his lane of travel. State Police report Hazle registered a BAC of .09 percent. Hazle was also accused of having an open container.