crime

At the close of yet another hearing on making restitution to her former employer, former Bergen resident Michele Ann Case made it clear how unhappy she is with HomeCare & Hospice, District Attorney Lawrence Friedman and The Batavian, accusing all of lying about her and defaming her good name.

Case called Friedman unethical. She said he had been duped by HomeCare & Hospice. Friedman, she also said, is just posturing for The Batavian, which she accused of libel.

"Then I want to go to jail and not pay any more restitution," Case told Judge Charles Zambito after Zambito warned her about her conduct. As she spoke, two deputies in the courtroom positioned themselves directly behind the chair she was sitting in.

She continued, "I don't want to see that man anymore," pointing at Friedman.

At the end of Case's rant, and before she could start again, Zambito adjourned the hearing.

Shortly after leaving the courtroom, Case emailed the following statement to The Batavian:

Please be advised that you have repeatedly printed lies about me on The Batavian and I hereby demand that you print an immediate retraction for your past 2 libelous posts. I also demand that you immediately cease & desist spreading falsehoods to the community I proudly served! Eventually, new evidence will exonerate me and implicate my former employer for falsely reporting a theft and insurance fraud and the DA will be brought up on ethics violations & prosecutor misconduct! 

Case has been in legal trouble in Genesee County since 2010 when she was accused of stealing more than $35,000 from an elderly patient. Those charges were eventually dismissed for reasons never officially disclosed by the court.

In 2011, she was accused of painting a mailbox that didn't belong to her, and later that year she was arrested and accused of bilking HomeCare & Hospice out of thousands of dollars by falsifying business records.

That case went to trial in 2012 and she was convicted by a jury but the conviction was overturned. An appeals court ruled that documents entered into evidence at trial were prejudicial and thereby denied Case her right to a fair trial.

Case was retried in 2014 and convicted again.

After the first conviction, a hearing was called to determine the amount of restitution Case owed HomeCare & Hospice and Judge Robert C. Noonan ruled that she would be required to pay $14,000.

Her attorney at the time tried to argue that restitution should be limited to the amount of money specified under the legal definition of third-degree grand larceny, which was $3,000.

Today, Case suggested that she has made restitution payments and that she owed no more than $2,500. It's not clear, but it appears Case believes The Batavian's prior reporting on the amount of restitution is libelous. Friedman said it was his impression that Case is claiming she's made sufficient payments to reduce the amount of restitution to $2,500. He said the court has been unable to confirm payments with officials in Niagara County, where Case now lives.

The issues currently in dispute about restitution, in this case, are whether Zambito has the authority to compel restitution and to set a payment schedule.

Since her second conviction, Case moved to Erie County and then Niagara County. Each time, her probation followed her into those counties. Public Defender Larry Ader, now representing Case -- though at the start of her rant in court this afternoon she told Zambito she was firing Ader -- said he believes that because Case was last on probation in Niagara County, and is no longer on probation. Ader maintains that only a Niagara County judge can issue a restitution order and that only the probation department in Niagara County can collect that restitution.

Zambito said he believes he has jurisdiction over restitution in this case and that he can order Genesee County Probation Department to collect the restitution.

Ader said it would be up to an appeals court to resolve the different views.

Prior to today, Case was supposed to supply a financial statement to help the court determine the amount of monthly payments, along with supporting documents. Friedman said the financial statement was delivered to his office late and that it only received any supporting documents 45 minutes prior to today's hearing. But with just a quick review of the documents, he said they appeared to be inadequate to support the financial statement.

According to Ader, Case hasn't been working while out on disability but should be cleared to work soon. In the meantime, her only source of income has been Social Security survivor benefits paid out on behalf of her 16-year-old child, who lives with her in Lockport. 

Friedman suggested a hearing might be needed so Case could be placed under oath to testify about her ability to make restitution payments. But after a conference with the Zambito and Ader at the bench, Zambito said he was going to order, for now, payments of $50 a month. That is the amount in the prior restitution order; they are to start at the beginning of the month.

Another hearing is scheduled 9:30 a.m., Jan. 7.

Previously:

• Bergen woman accused of stealing $35,000 from elderly woman's ...
• Police Beat: Alleged mailbox caper leads to charges in Bergen
• RN accused of creating inflated call claims to steal more than $14,000
• Grand Jury Report: Former employee accused of bilking her employer 
• Nurse convicted of falsifying pay records to steal money from her former employer
• Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation
• Total amount of restitution still undecided for Bergen nurse who stole money from employer
• Amount of money nurse must repay former employer still unresolved
• Appeals court throws out conviction of woman accused of bilking employer out of $14K
• Former Bergen resident told second trial on fraud charges will be July 7
• Former nurse convicted for second time of stealing $14K from employer
• Former nurse from Bergen given probation following second conviction on grand larceny
• Restitution still pending in former nurse's seven-year-old theft case
• Restitution of $14K again delayed in case of former nurse who falsified business records

Police have yet to locate a person who was reportedly stabbed during an incident Monday night at 337 Ellicott St., Batavia; there has, however, been an arrest related to the case.

Rashawn L. Gosier, 40, of Shady Lane, Batavia, is charged with attempted assault, 3rd.

Chief Shawn Heubusch said Gosier is accused of attempting to assault another person at the same address during the same incident.

He said the police have only limited information on the stabbing victim, so have not been able to locate him.

Police responded to 337 Ellicott St. at 11:40 p.m. Monday to investigate a report of a fight. 

A subject, believed to be Gosier, fled the scene, where police located a stabbing victim and called for an ambulance. Officers then pursued the fleeing subject down Swan Street to the area of the railroad tracks.

While officers were busy trying to apprehend the person who fled, the stabbing victim left the scene.

Gosier, matching the description of the fleeing subject, was located a short time later in the basement of the incident location and he crawled out of a basement window (bottom photo).

He was taken into custody without further incident. After being taken to headquarters he was issued an appearance ticket on the attempted assault charge and ordered to appear in City Court at 1 p.m., Jan. 1.

If anybody has information that can assist in the investigation, they are asked to call Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Jesse F. Markowski, 23, of East Road, Batavia, is charged with driving while intoxicated -- common law, and DWI with a BAC of .08 or more. Markowski was arrested at 1:44 a.m. Dec. 8 on Lehigh Ave. in Batavia after being involved in a single-vehicle accident on Lehigh Avenue. He was processed at the jail and was due in Batavia City Court this morning, Dec. 19. The case was handled by Batavia Police Officer Mitchell Cowen.

Justin P. Avino, 25, of Swan Street, Batavia, is charged with speeding, driving while intoxicated -- common law, and DWI with a BAC of .08 or more. Avino was arrested at 1:18 a.m. Dec. 9 on West Main Street in Batavia. He was processed at the jail and was due in Batavia City Court this morning (Dec. 19). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins.

An ambulance is requested to Swan and Ellicott for a subject with stab wounds.

Police are on scene.

A few minutes before there was a reported of an individual saying he was going to kill somebody and an officer was chasing a black male, bald, in a blue jacket.

Multiple police units are in the area.

UPDATE 12:04 a.m.: One person is in custody.

UPDATE 1 a.m.: The apparent stabbing victim left the scene with another individual while police chased a person they believe was the suspect in the stabbing. The possible suspect ran through the neighborhood but managed to return to the residence where the alleged stabbing took place and went into the basement. He was then spotted crawling out of a basement window (see second picture) and taken into custody. He has not yet been charged with a crime because the alleged victim was not available to interview by the time he was taken into custody. He was taken back to the station for questioning. The stabbing victim, as of 12:30 a.m., hadn't shown up at UMMC but he may be from Rochester and may have tried going to a Rochester-area hospital. There's no information available on how serious the wounds might be. There were no other suspects, no other people taken into custody, and no other injuries reported either to civilians or police.

  James Grazioplene

A retired Army general who was born in Batavia, attended Notre Dame High School, and was nominated by the late Rep. Barber Conable to attend West Point, has been accused by his grown daughter of sexual abuse that started when she was a toddler and continued into her high school years.

The Army attempted to court-martial Maj. Gen. James J. Grazioplene, 69, who retired in 2005, last year. But a judge ruled the statute of limitations had run out under the Uniform Code of Military Justice, even though there was otherwise enough evidence to prosecute Grazioplene.

While Grazioplene avoided a court-martial, civilian authorities took up the investigation and Grazioplene was arrested Dec. 7 following an indictment by a grand jury in Prince William County, Va., on multiple counts of rape and incest.

Jennifer M. Elmore, 47, a Virginia resident, told the Washington Post, which broke the story, her earliest memory of sexual abuse was when she was 3 years old and at her grandmother's house in Le Roy.

The military's investigation focused on events from 1983 to 1989. Virginia authorities concentrated on events in 1988 and 1989, when the family lived in Woodbridge, Va., where Elmore attended high school in her junior year.

According to the Post, Grazioplene has denied the charges, telling a reporter in September, “The charges are false and incorrect." Grazioplene and his attorney have declined to comment on the case otherwise.

Like many news organizations, the Post does not typically reveal the names of victims in sexual crimes but Elmore told the Post she wanted to go public.

According to the Post, reporters interviewed Elmore, other family members, including Grazioplene 's sister, coworkers, and reviewed letters, all of which corroborated some of Elmore's version of events.

Elmore said she's been estranged from her parents for years and her parents have tried to bridge the gap. She decided to tell the military about the alleged abuse in 2015 after a phone call where her parents apparently again tried to talk her into being part of the family again and her father said, according to Elmore, that “the only thing worse that I could have done to you is murder you.”

Grazioplene was nominated to West Point by Conable in 1967. He received a Bachelor of Science degree from the academy in 1971. His LinkedIn profile says he is currently CEO at Mission Readiness LLC. He's also worked for Total Life Cycle Support and DynCorp. International.

There's yet another delay in the case of Becky L. Frens, former owner of "Maya," who is charged with "overdriving, torturing and injuring an animal; failure to provide proper sustenance."

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was in court this morning wearing eyeglasses, a bright purple jacket, black cargo pants, black boots, and when her name was called, she stood unsmiling before Batavia Town Court Judge Michael Cleveland. An associate from the law firm of Friedman & Ranzenhofer, attorney Samuel Alba, accompanied her to the bench.

The prosecution requested and was granted a postponement in the dog neglect case so they could interview an animal control officer. Thus, it's now on the Batavia Town Court calendar for 1 p.m. on Monday, Jan. 28.

Previously, on Oct. 22, the matter was held over so Frens could provide more documentation, ostensibly of her efforts to aid the 3-year-old Labrador retriever mixed breed prior to her arrest by State Police on July 10.

Maya was found by Frens' neighbors across the street from her Pearl Street Road home on July 9. They called the law after discovering the canine standing feebly by the roadside. The neighbors said the dog was extremely dehydrated and malnourished; it drank four bottles of water and ate multiple bowls of food right away. They said the dog's paws were in such bad shape it could barely walk.

Frens, who is in her mid-50s, went to retrieve the animal from the shelter the following day but was arrested instead (mugshot, inset photo). 

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and uncut nails so long they were cutting into the pads of her paws.

Maya's very poor physical condition was caused by neglect, according to Volunteers for Animals, citing veterinary reports.

Maya was adopted a couple of months ago after vets and the volunteers got her health back on track.

Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."

Michael D. Kopyscianski is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.

Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.

      Patrick Hackett

A police officer did not violate the rights of a sex offender when he sent a text message to the suspect's mobile phone upon his arrest to confirm the defendant had used the phone to exchange messages with his victim, and unknowingly, with police, an NYS appeals court has ruled.

Patrick M. Hackett, 44 at the time of his arrest, was accused in May 2013 of having sexual intercourse with a teenage girl in Batavia. He was later indicted on a single count of rape, 3rd, for being more than 21 years old and having sexual intercourse with a partner who was less than 17 years of age.

Hacket was convicted by a jury Nov. 13, 2014, and later appealed the use of his text messages as evidence against him, which was instrumental in his conviction.

"Although there is a lack of medical, scientific, or other physical evidence of the crime, the jury saw incriminating text messages from (the) defendant to the victim in which he admitted that he engaged in sexual intercourse with her and professed his love to her," the justices of the Appellate Division, Fourth Judicial Department, wrote in their decision. "In addition, (the) defendant’s trial testimony in which he denied having sexual intercourse with the victim was not credible inasmuch as he provided the jury with improbable explanations for the incriminating text messages."

The charge against Hackett arose after his victim reported the sexual intercourse to police. She cooperated in the investigation and agreed to send Hackett a text message. Once he responded, a police officer used her phone to exchange a series of text messages with Hacket.

When the officer arrested Hackett, the officer used his mobile phone to send a text message to Hackett's phone. Hackett's phone either vibrated or made a noise and the officer could observe that his text message had arrived at the phone. At that time, the officer did not open the phone and view the text messages. A search warrant was later obtained.

In his appeal, Hackett said the text messages should not have been admissible at trial because the officer's actions at the time of arrest, he said, constituted an illegal search and seizure.

Hackett's appeal relied on a 2014 case, Riley v. California. Riley, a Supreme Court ruling, determined that a search warrant, based on probable cause, is required for police to search a suspect's mobile phone.

The appeals court ruled that the Riley case does not prohibit officers from sending text messages to the defendant and making observations of the defendant's phone and that the court in Riley found that officers can observe physical aspects of the phone.

Further, the text message sent by the officer was not part of the police officer's application later for a warrant to search the phone and there was sufficient probable cause to obtain the warrant.

The court also ruled that Hackett received competent representation from his defense attorney at trial, who was successful in suppressing some evidence the prosecution tried to enter into the record.

It also did not violate Hackett's right to a fair trial by allowing testimony about Hackett providing his victim with alcohol prior to their sexual contact, even though he was not indicted on that "bad act." The court ruled the incident helped complete the narrative of events leading up to the crime on the night in question. The court ruled the exclusion of this information would not have changed the outcome of the trial given the overwhelming evidence of Hackett's guilt. Testimony about the drinking, the court ruled, was "harmless."

At the time of his arrest, Hackett was already a registered sex offender. He was convicted in 1993 in Cattaraugus County of kidnapping and rape in the first degree.

On his local conviction, he was sentenced to three and a half year to four years in prison. He is scheduled to be released in November.

Debra Lynn Mattoon, 39, of Batavia-Oakfield Townline Road, Oakfield, is charged with fourth-degree grand larceny, petit larceny and third-degree identity theft. On Dec. 15, following the investigation into a larceny that occured in the City of Batavia at 2:15 p.m. on Dec. 3, Mattoon was arrested on the charges. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. She is due back in city court on Dec. 21. The case was handled by Batavia Police Officer Kevin Forsyth.

Jacob Joseph Camerera, 27, of North Street, Batavia, is charged with criminal possession of stolen property, 4th, after he was allegedly found in possession of a firearm at 8:45 a.m. on Nov. 19 which had previously been reported stolen. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Minuto.

Joseph A. Ciociola Jr., 20, of Pembroke, was arrested at 9:56 a.m. on Dec. 5 by troopers out of SP Batavia and charged with: criminal possession of a weapon, 4th; unlawful possession of marijuana; and possession of a loaded firearm in a motor vehicle; he was also cited with vehicle and traffic violations. Troopers stopped Ciociola on Akron Road in the Town of Pembroke for speeding. While interviewing Ciociola the odor of marijuana was allegedly present. During a probable-cause search of his vehicle, Ciociola was allegedly found to be in possession of marijuana, brass/metal knuckles, and two loaded and chambered firearms. Ciociola was issued appearance tickets and he is scheduled to appear before the Town of Pembroke Court later this month. 

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with two counts of criminal contempt in the first degree. He was arrested on Ellicott Street in Batavia at 3:30 p.m. on Dec. 12 for allegedly violating an order of protection on two different occasions. He was arraigned and jailed without bail and was due in Batavia City Court on Dec. 13. The case was handled by Batavia PoliceOfficer Peter Flanagan, assisted by Sgt. Eric Bolles.

John Albert Snook, 30, of Oak Orchard Road, Albion, is charged with first-degree criminal contempt and unlawful possession of marijuana. At 2:20 a.m. on Dec. 15, Batavia police responded to a Jackson Street apartment for a 9-1-1 hangup call. While on scene, patrols discovered that Snook was on location in violation of a stay-away order of protection; he was also allegedly found to be in possession of marijuana. Snook was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 17). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Press release:

With the holiday season fast approaching the Batavia Police Department would like to take a moment to remind our City's residents to lock their car doors, along with the doors and windows of their residence.

If someone should come to your residence requesting to enter to check your utilities, or to "take a moment of your time" ask to see credentials or identification. Do not let them in your house. If they appear to be overly aggressive, please contact the Batavia Police Department and we will gladly respond.

Matthew James Florian, 30, of Pratt Road, Batavia, was arrested on a bench warrant Dec. 11 for alleged failure to comply with the terms of his conditional release stemming from a DWI guilty plea. He was released on his own recognizance and was scheduled to reappear Batavia City Court on Dec. 13. The case was handled by Batavia Police Officer Jason Ivison.

Jennifer Nichole Wenner, 31, of West Main Street, Le Roy, was arrested on a bench warrant out of Batavia City Court on Dec. 11. Batavia police responded to an address on East Main Street in Batavia for a suspicious condition. While on scene, police took Wenner into custody. She was arraigned and released and is due in city court on Jan. 30. The case was handled by Batavia Police Officer Arick Perkins.

Roberta Ann Goodman, 51, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs -- with a previous conviction, a Class E felony. On Dec. 9 at 10:09 a.m., the Genesee County Emergency Dispatch Center received multiple calls of a motor vehicle being driven erratically westbound through the Town and Village of Le Roy. Le Roy Police Detective John Condidorio was able to catch up to the vehicle and initiate a traffic stop stop with the suspect vehicle on Main Road in Stafford. Sheriff's deputies arrived on scene and administered standardized field sobriety tests and Goodman was subsequently arrested. After being given a Drug Influence Evaluation at the jail by Deputy Matt Butler, a certified Drug Recognition Expert, Goodman was arraigned in Stafford Town Court and jailed in lieu of $2,500 cash bail. Additional charges are pending. In addition to Condidorio and Butler, the investigation by Deputy Ryan DeLong was assisted by Deputy Erik Andre and Deputy Kevin McCarthy.

Dustin L. Stump, 48, of State Street, Batavia, is charged with illegal disposal of items. He was arrested at 1:09 p.m. on Dec. 10 after allegedly illegally disposing of garbage in a privately owned dumpster. He was issued an appearance ticket for Batavia City Court and is due there on Dec. 18. The case was handled by Batavia Police Officer Marc Lawrence.

Mark S. Bradley, 58, of Pavilion, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; and unauthorized stickers on windshield. He was arrested on Dec. 9 following a traffic stop on Warsaw Boulevard in the Village of Silver Springs. During the stop, he was allegedly found to be in possession of crystal meth, marijuana, marijuana paraphernalia, and an open container of alcohol. His vehicle was towed from the scene. He was processed at the Wyoming County Sheriff's Office and released to relatives. He was issued appearance tickets and is due in Village of Silver Springs Court on Jan. 7 to answer the charges. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, assisted by Deputy Bradley McGinnis.

Shannon M. LaPaglia, 37, of Le Roy, was arrested at 6:22 a.m. on Dec. 9 by troopers out of SP Batavia and charged with DWI, unlawful possession of marijuana and vehicle and traffic infractions. Her arrest came after troopers responded to a property damage accident on Byron Road in the Town of Stafford. She allegedly failed standardized field sobriety tests. Troopers also allegedly located marijuana in her vehicle. She was transported to SP Batavia for processing and allegedly found to have a BAC of .13 percent. LaPaglia was released on an appearance ticket returnable to Stafford Town Court later this month.

Jason Lawrence McKenzie, 40, of Covell Road, Pavilion, is charged with petit larceny. He was arrested at 7:01 p.m. on Nov. 30 following a complaint at a retail store on Veterans Memorial Drive of shoplifting. He allegedly stole merchandise by passing all points of purchase without paying for the items. He was released on an appearance ticket and is due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Matthew J. Reed, 34, of State Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Dec. 9. Police responded to an address on State Street for the initial report of a possible domestic incident. While there, he was taken into custody on the bench warrant. He was jailed on $500 cash or bond and was due in city court on Dec. 10. The case was handled by Batavia Police Officer Arick Perkins, assisted by Peter Flanagan.

J'zon A. Richardson, 20, of Central Avenue, Batavia, is charged with criminal contempt. He was arrested on Dec. 10 on a warrant out of Batavia City Court for an unspecified incident which occurred on Nov. 15 on Ellicott Street in Batavia. He was arraigned and jailed in lieu of $500 cash or $1,000 bond and is to return to city court at a later date. The case was handled by Batavia Police Officer Stephen Quider.

The arrest of John Duyssen, a retired deputy and current town justice in Le Roy, is the product of intrusive government rules that mandate a reporting requirement on adults in various government agencies on even slight suspicion of abuse, according to his attorney Thomas Burns.

"As his attorney, it is my firm belief that as this case progresses it will become apparent that this arrest is the product of the ever-growing expansion of government in the personal matters of families and governmental intrusion upon the child-rearing rights and responsibilities of parents," Burns said in a statement issued this afternoon.

Duyssen was arrested by State Police on charges of endangering the welfare of a child and harassment, 2nd. He is accused of striking a child.

The statement from Burns suggests that Duyssen is accused of harming a member of his family but Burns is prohibited from discussing details of the case, so couldn't confirm who might be involved or how the case came to the attention of authorities.

Burns did note that under current regulations, a number of adults who might come into contact with a child, either at school or through social services or other agencies, have mandatory reporting requirements if they think a child has been harmed.

Burns said Duyssen told him that after news of his arrest broke this morning he has received an outpouring of support from people from throughout the community who know him.

"John has expressed to me his deep appreciation for the hundreds of contacts he has received from individuals who have reached out to him to express their support since articles concerning his arrest were published," Burns said. "I believe that such support speaks volumes about the character and integrity of John Duyssen and his impeccable reputation in the community as a retired law enforcement officer, community leader, businessman and father."

Duyssen retired from the Sheriff's Office in 2015 after 21 years of service to the county in which he won several awards, including the Carl Drexler Award, one of the highest honors in the state for a sheriff' deputy for exceptional career achievements and conscientious devotion to duty.

His boss for all those years on the force was Gary Maha, retired Sheriff and current member of the County Legislature. Maha said today he was shocked by news of Duyssen's arrest. 

"I always thought he had impeccable character," Maha said. "He was a great deputy and did a lot for the community. There was never any indication that he would be involved in any kind of child abuse case at all."

Duyssen's community involvement over the years has largely focused on working with kids in agriculture, including the 4-H Club, particularly the Swine Club, and helping to organize and run tractor pulls at the Genesee County Fair.

He and his wife, Jessica, have adopted five children and fostered many others and there has never been another complaint against Duyssen in more than two decades of raising and supervising children. The Duyssens have raised their children on a family farm on Bater Road in Le Roy and for years grew strawberries that they sold at the farm.

Burns said his client will fight the charges.

"John intends to vigorously defend himself in the court on the baseless allegations filed against him and has the utmost confidence in the criminal justice system and the judicial process," Burns said.

Before the arrest went public, Duyssen notified his supervisors in the Unified Court System of his arrest and Burns said he intends to comply fully with any restrictions imposed by his supervising judges with respect to his judicial role while this matter is pending.

It will be up to the supervising judge to determine whether he can continue to hear criminal cases while his own case is pending.

Burns said Duyssen has no intention to resign.

As with most towns, there are two justices in the Le Roy Town Court. The other justice in Le Roy is Darryl Sehm.

Duyssen is scheduled to appear before Sehm on the pending charges at 1 p.m., Dec. 20.

Because of Duyssen's court position, the Genesee County District Attorney's Office is not prosecuting the case. Greg McCaffrey, the Livingston County district attorney, has been appointed special prosecutor.

Photo: File photo from 2015.

      John Duyssen

A Town of Le Roy justice and a retired Genesee County Sheriff's deputy has been arrested by State Police and charged with endangering the welfare of a child and harassment, 2nd.

John R. Duyssen, also a former Town of Le Roy board member, is accused of striking a 9-year-old child. The child reportedly suffered an injury.

Child Protective Services notified the State Police Bureau of Criminal Investigations, which opened an investigation. 

The timeframe of the alleged incident was not released, nor are State Police releasing details around the incident in order to try and avoid identifying the victim.

Duyssen was arraigned in Bergen Town Court and released on his own recognizance. An order of protection was issued. He's scheduled to appear in Le Roy Town Court later this month.

Jeremy G. Ives, 43, of Hutchins Street, Batavia, is charged with: felony DWI -- two previous convictions; aggravated unlicensed operation in the first degree; and following too closely. Ives was arrested at 6:23 p.m. on Dec. 8 on West Main Street in Batavia after a traffic stop. Ives was allegedly found to be operating his vehicle while intoxicated and he had a revoked driver's license. He was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 10). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Quella SM Polk, 37, of Birchwood Drive, Batavia, is charged with second-degree harassment. Polk was arrested and issued an appearance ticket on the charge following a domestic incident in the gym at John Kennedy School at 10 a.m. on Dec. 8. Polk allegedly had unwanted physical contact with another person. Polk is due in Batavia City Court on Dec. 18 to answer the charge. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

James E. Baker, 56, of Summit Street, Batavia, is charged with DWI, DWI with a BAC greater than .08 percent, and driving with no headlights. He was arrested at 9:28 p.m. on Dec. 7 on Summit Street in Batavia after a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Jan. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Elizabeth M. Grattan, 28, of Liberty Street, Batavia, is charged with petit larceny. She was allegedly observed shoplifting at JCPenney at 11:36 a.m. on Dec. 4. She was arrested and issued an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Frank Klimjack.

Darrell J. Holloway, 50, of Farnsworth Avenue, Oakfield, is charged with petit larceny. He was arrested and issued an appearance ticket after a larceny at JCPenney at 1:36 p.m. on Dec. 4. He is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Jesus Francisco Macarlo Ixcolin, 26, of Horseshoe Lake Road, Stafford, is charged with second-degree strangulation. He was arraigned then jailed without bail on Dec. 6 for alleged actions at 6:15 a.m. on Sept. 17 on Horseshoe Lake Road. He is due in Stafford Town Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy James Stack.

Maleak Hakeem Green, 25, of West Main Street Road, Batavia, is charged with aggravated criminal contempt, a Class D felony, and aggravated family offense, a Class E felony. He was arrested on Dec. 6 for an incident which took place at 3:45 p.m. on Nov. 26 on Main Street Road, Batavia. He has been convicted of first-degree criminal contempt in the preceding five years. It is alleged that Green was in the presence of a female who is the protected party in a Genesee County Court Order of Protection that was served on Green. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Benjamin G. Evans IV, 30, of Evans Street, Batavia, is charged with petit larceny and third-degree burglary. On Dec. 7 following an investigation, Evans was arrested for an incident which occurred at 8:45 p.m. on Dec. 4 at Kohl's Department Store on Veterans Memorial Drive. He was arraigned and jailed in lieu of $10,000 bail and is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Austin Heberlein.

Judd Allen Farewell Jr., 27, of West Avenue, Medina, is charged with petit larceny. He was arrested on Dec. 6 for allegedly taking property from Kohl's Department Store at 3:07 p.m. that day. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Aaron Michael Draper, 28, of West Academy Street, Albion, is charged with petit larceny. He was arrested following a larceny complaint at Kohl's Department Store. It is alleged that on Dec. 6 at 3:07 p.m. that Draper stole merchandise and walked past the point of sale at Kohl's. He was released on an appearance ticket and is due in Batavia Town Court on Dec. 13. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Mary DelPlato is hoping a reader can help her recover her stolen bicycle, if not provide information to the police that leads to the arrest and prosecution of the perpetrator.

DelPlato said the bike looks just like the one in the photo but older.

She said it was stolen off of her front porch on Holland Avenue sometime between 7 and 8:30 p.m. on Monday.

If you have information that can assist in the case, call Batavia PD at (585) 345-6350.

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

Police are looking for a suspected shoplifter in the area of State Street, Batavia.

The subject is suspected of stealing an item from JCPenney, running from the store, and knocking an elderly female over as he fled.

He is described as a black male with a black backpack and camo pants.

An ambulance is requested to the store for an elderly female with a hip injury.

UPDATE 1:39 p.m.: A suspect is apparently in custody.

Douglas Goodwin Sr., 67, of Bank Street, Batavia, is charged with third-degree criminal tampering. Goodwin was located at his residence and arrested for allegedly throwing clothing and furniture that belonged to his Bank Street tenant outside at 11:20 a.m. on Oct. 28. This is said to have created a substantial inconvenience for his tenant to clean up and repair his property. Goodwin is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old male who lives on Walnut Street in Batavia is charged with: endangering the welfare of a child; second-degree harassment; two counts of fourth-degree criminal mischief; and first-degree coercion. The teen was arrested following an investigation into a domestic dispute that occurred at 8 p.m. on Nov. 30 on Lewis Place in Batavia. He was arraigned in Batavia City Court and jailed without bail and was due back in City Court on Dec. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny following an incident at JCPenney at 3:14 p.m. on Nov. 20. It is alleged that Fickel took two sets of cookware and exited the store without paying for the items. He is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Chad Richards.

Dalton C. Kelley, 21, of Chase Park, Batavia, is charged with second-degree harassment. Kelley was arrested at 3 p.m on Nov. 27 following an investigation into a report that he grabbed another individual and scratched them. He was released on an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Camp.

Leonard T. Masters, 49, of Split Rail Road, Painted Post, is charged with: DWI; aggravated DWI; failure to keep right; improper left turn; and failure to obey traffic control device. Masters was arrested at 12:52 a.m. on Nov. 23 on Ellicott Street in Batavia following a traffic stop. He was released on appearance tickets and is due in Batavia City Court on Dec. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Lutey.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing, and following too closely. He was arrested at 4:04 p.m. on Nov. 1 following an investigation into a three-car accident that occurred at the intersection of East Main Street and Swan Street in Batavia. He was arraigned and released on his own recognizance. He was due in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Alyssa M. Harnish, 30, of Ellsworth Avenue, Batavia, is charged with petit larceny. She was arrested at 12:30 p.m. on Nov. 28 following a shoplifting complaint at Tops Friendly Market in Batavia. She was released on an appearance ticket and is due in Batavia City Court this afternoon (Dec. 4). The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, was arrested on Nov. 28 on a bench warrant for alleged failure to appear in Batavia City Court. She was arraigned and put in jail and is due in back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Aretha Jackson, 41, of Main Street, Oakfield, was arrested on Nov. 20 on an active bench warrant issued out of Batavia City Court. It is alleged that Jackson failed to appear for a court date scheduled on Sept. 5. She was arraigned in City Court and jailed in lieu of $250 cash or bond. She was due back in court on Nov. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Jessica L. Connolly, 40, of Bank Street, Batavia, was arrested on Nov. 28 on a bench warrant after allegedly failing to appear in Batavia City Cpourt for a traffic misdemeanor and other traffic violations. She was released on her own recognizance and was due back in court on Nov. 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Brandon D. Brewer, 29, of Maple Avenue, Medina, is charged with unlawful possession of marijuana. Brewer was arrested at 2:54 a.m. on Nov. 18 on East Main Street in Batavia while patrols were investigating an accident. He is due in Batavia City Court on Dec. 5 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.