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Five arrests reported at Kesha concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Kesha concert at Darien Lake Performing Arts Center on Sunday:

Barryanne Lee Marginean, 20, of Scenic Circle, Rochester, arrested for trespass and disorderly conduct after allegedly refusing to leave the concert venue area and then causing a disturbance while being taken into custody.  

Colin C. Brickwood, 18, of Murray Street, Mt. Morris, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while in the venue parking lot.

Liam M. Gardner, 20 of Main Street, Mt. Morris, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while in the venue parking lot.

Andres S. Hernandez Jr., 25, of Lewis Street, Rochester, arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Joseph T. Patterson, 20, of Belvoir Road, Williamsville, arrested for harassment, 2nd, after allegedly attempting to strike a Sheriff’s deputy.

Law and Order: South Swan Street woman jailed without bail after allegedly striking person with an ashtray

By Billie Owens

Cynthia M. Mack, 51, of South Swan Street, Batavia, is charged with third-degree criminal possession of a weapon and second-degree criminal assault. She was arrested at 8 p.m. on July 20 on South Swan Street after she allegedly struck another person with an ashtray, causing injury. She was jailed without bail and was due back in City Court this afternoon (July 23). The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Nicole McGinnis.

Amy Marie Guiles, 47, of North Main St., Warsaw, is charged with second-degree harassment. The defendant was issued an appearance ticket following a report of a physical distrubance at an address on Route 19 in the Village of Bergen at 12:30 a.m. on July 7. The defendant allegedly struck the victim multiple times with closed fists. She is due in Town of Bergen Court on Aug. 15. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Katlyn Marie Buzzell, 18, of Burke Drive, Batavia, is charged with fourth-degree grand larceny. She was arrested at 2:17 p.m. on July 20 at a discount department store on Veterans Memorial Drive, Batavia. It is alleged that she stole property exceeding $1,000 while employed there. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Lisa Darline Ayres, 52, of Garfield Street, Newark, is charged with: felony DWI -- with two prior convictions with the last 10 years; felony DWI -- operating a motor vehicle while having a BAC of .08 percent or more; aggravated unlicensed operation in the firt degree; operating a motor vehicle without an interlock device; and refusing to take a breath test. Ayres was arrested following a traffic stop on McGregor Road in the Town of Darien at 11:06 p.m. on July 21. In addition, she is charged with: unsafe turn without signal; interferance with safe operation when passing on the left, and failure to yield the right on way on a left turn. She was arrainged in Town of Darien Court and jailed in lieu of $5,000 cash or $10,000 bond. Ayres is due in Town of Darien Court on July 24. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Christopher Parker.

Kaitlin Marie Penko, 22, of Ocean Reef, Willoughby, Ohio, is charged with: DWI; aggravated DWI with a BAC of .18 percent or more; failure to dim headlights; obstructed plate, stopping or standing on a highway. She was arrested at 11:35 p.m. on July 22 on Colby Road in Darien following an investigation into a vehicle stopped on the roadway. She was issued an appearance ticket and is due on Town of Darien Court on Aug. 21. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin Forsyth.

Ricki Leigh Nersinger, 66, of Ireland Road, Brockport, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or more, and following too closely. Nersinger was arrested after deputies responded to Route 5 in the Town of Pembroke at 10:22 p.m. on July 21 for a property damage accident. The defendant was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 28.

Jonathan Chris Shirley, 36, of Council House Road, Tonawanda Indian Reservation, is charged with two counts of second-degree criminal trespass. Shirley was arrested at 6:29 a.m. on July 21 following the complaint of a trespasser at an address on Bloomingdale Road. The defendant allegedly entered a dwelling twice unlawfully without the property owner's permission. The defendant was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. In addition, an order of protection was issued on behalf of the victim. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young, Deputy Eric Meyer and Investigator Chad Minuto.

Jessica L. Deridder, 30, of 160 State St., Batavia, is charged with resisting arrest. She was arrested, arraigned and jailed without bail at 10:20 a.m. on July 17. It is alleged that on Ellicott Street in Batavia she ran from a Batavia Police Officer, knowing she was wanted for another crime. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

Andre L. Dupra, 49, of Rochester, was arrested by troopers out of SP Batavia at 10:55 p.m. on July 21. He is charged with DWI, refusal to take a breath test, aggravated unlicensed operation in the second degree, and numerous traffic violations. Troopers stopped Dupra on Swan Street in the City of Batavia for failing to yield to oncoming traffic, a loud muffler, and no passenger side headlight. While speaking to Dupra, the operator, troopers allegedly detected the odor of an alcoholic beverage. Dupra was placed under arrest after failing multiple SFSTs and transported to SP Batavia where he refused to provide a breath sample.
Dupra was arraigned in the City of Batavia Court and released on his own recognizance. Dupra is to return to the City of Batavia Court later in July.

Christina M. Kowalcyk, 48, of Fairway Drive, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 or more. She was arrested at 1 a.m. on West Main Street, Batavia. She was allegedly driving a vehicle that had a flat tire while she was intoxicated. A concerned citizen initially reported this to police. She was issued an appearance ticket and released. She is due in City Court on Aug. 8. The case was handled by Batavia Police Officer Matthew Wojtaszyzyk

Patricia L. Gertis, 58, of 48 Mt. View Drive, Arcade, is charged with petit larceny. She was arrested at 12:25 p.m. on July 21 at Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in City Court July 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

A 16-year-old resident of Oak Street in Batavia was arrested and charged with petit larceny at 3 p.m. on July 13. It is alleged that the youth stole money from a cash register while working at Walmart. The defendant is due in Batavia Town Court on July 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Travis DeMuth.

Jennifer Ann Roskey, 37, of South Main Street, Oakfield, is charged with second-degree criminal contempt. It is alleged that at 5:18 p.m. on July 19 on South Main Street in Oakfield that the defendant violated a mandate of the court -- a stay away order of protection. She was issued an appearance ticket. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jason A. McFollins, 40, of Union Street, Batavia, was arrested on a bench warrant and arraigned in City Court at 8:15 a.m. on July 22. He was jailed on $1,000 cash or bond and was due back in City Court this afternoon (July 23). The case was handled by Batavia Police Officer Matthew Wojtaszyzyk.

Dekota Leiser, 26, of an unspecified address in Batavia, was arrested July 18 on a Wyoming Superior Court warrant after turning herself in at the Genesee County Jail in Batavia. She was transported back to Warsaw and put in Wyoming County Jail with no bail until the next court session for her arraignment. The case was handled by Wyoming County Sheriff's Office Investigator Aaron Anderson.

Batavia man, a state corrections officer, accused of attempted rape

By Howard B. Owens
      Adam Brokaw

A Batavia man appeared in Genesee County Court this morning to answer to a sealed Grand Jury indictment charging him with attempted first-degree rape and first-degree sexual abuse.

Adam H. Brokaw, a resident of Northern Boulevard, is accused of attempting to have sexual intercourse with a person incapable of consent by reason of physical helplessness and subjecting that person to sexual contact in the City of Batavia.

The alleged incident reportedly took place at 2 a.m., Nov. 11, after a party at a residence on Northern Boulevard, Batavia.

Brokaw is a New York State corrections officer employed in Albion. 

Members of both Brokaw's family and the alleged victim's family were in court this morning for his arraignment before Judge Charles Zambito.

First Assistant District Attorney Melissa Cianfrini asked Zambito to set bail at $10,000.

Brokaw's attorney, Stephen Leonardo, argued that the 43-year-old defendant is not a flight risk because he's lived in Genesee County his entire life, except his service in the Navy, is married to his wife of 11 years and they have a juvenile daughter, and he is gainfully employed as a corrections officer.

Leonardo also noted that Brokaw appeared for his arraignment today voluntarily even though, by the nature of the investigation, he was well aware of the potential charges.

Zambito released Brokaw on his own recognizance.

His next scheduled appearance is at 9:15 a.m., Sept 25.

Batavia PD release more information on alligator found at 11 Lehigh Ave.

By Howard B. Owens

Officer Felicia DeGroot.

Press release:

On Monday, July 16, officers from the City of Batavia Police Department responded to the area of 11 Lehigh Ave. for a 9-1-1 hang-up call plotting to the general area. Upon arrival, officers found no signs of distress and checked the building located at 11 Lehigh Ave. for any signs of a disturbance.

Officers located an open door to the building and checked the interior to ensure that there were no problems inside the building itself or anyone in need of assistance. During the search of the interior of the building officers located a large make-shift aquarium that contained a 4-foot-long alligator.

Officers immediately notified the NYS Department of Environmental Conservation and EnCon Officer Wilson arrived on scene a short time later. The alligator was captured and turned over to EnCon Officer Wilson. It was determined that the 9-1-1 hang up call was not related to the found alligator.

Residents are reminded that the possession or sale of alligators and other dangerous animals is a violation of the New York State Environmental Conservation Law. Not only is it illegal to possess such an animal, but they are dangerous and should not be harbored by anyone without specific training and the appropriate licensing or permits.

If anyone has any information regarding this animal or knows of anyone harboring such a dangerous animal, they should contact the DEC Region 8 office at (585) 226-2466.

This investigation was turned over the DEC, any requests for further information should be directed to DEC Region 8 press contact Regina Willis at (585) 226-5324 or pressoffice@dec.ny.gov. 

Previously: Four-foot alligator found in vacant building on Lehigh Avenue

Officer Christopher Lindsay.

Law and Order: Ellicott Avenue woman charged after dog bites another dog, two people

By Howard B. Owens

Tracy A. Battaglia, 47, of Ellicott Avenue, Batavia, is charged with owning an unlicensed dog and dog running at large. Battaglia was charged after her dog ran loose and bit another dog and two people attempting to intervene (initial report).

Thomas E. Brenkus, 50, of East Main Street, Batavia, is charged with forcible touching and first-degree sex abuse. Brenkus is accused of touching a female acquaintance by force for the purpose of sexual gratification. He was jailed without bail.

Cameron David Majewski, 19, of South Swan Street, Batavia, is charged with harassment. Majewski allegedly punched another person during a disturbance on South Swan Street at 1:30 p.m. March 25. He was jailed on $1,000 bail.

Kerry Ann Dudek, 43, of Fisher Road, Oakfield, is charged with petit larceny. Dudek is accused of stealing $54.63 worth of merchandise from Tops Friendly Market.

Darien L. Rhodes, 25, of Dellinger Avenue, Batavia, is charged with criminal obstruction of breathing, criminal possession of a controlled substance, unlawful imprisonment, menacing, 2nd, criminal possession of a weapon. Rhodes was charged following an incident reported at 1:09 a.m. July 12 at a location on Dellinger Avenue.

Deborah S. Rodriguez, 50, of Farnsworth Avenue, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Rodriguez was charged following an investigation into a disturbance on Pearl Street, Batavia, at 3 a.m. July 5, by Officer Matthew Wojtaszczyk.

Thomas A. Griffin II, 31, is charged with South Swan Street, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Griffin is accused of trying to take a child out of the arms of another person and striking the person in the face in an incident reported at 4 p.m., Monday. Griffin was jailed on $2,500 bail.

Shawn Brent Springsteen, 53, of Fitchett Street, Poughkeepsie, is charged with criminal contempt, 1st. Springsteen was allegedly found in the presence of a person protected by a complete stay away order at 4:48 p.m. Wednesday at a truck stop on Route 77, Pembroke.

Andrea Marie Gray, 40, of Lake Street, Le Roy, is charged criminal mischief, 4th. Gray is accused of damaging property at 5130 E. Main St., Batavia, at 2:15 p.m. July 10.

Maurice Devon Doleman Sr., 49, of Killian Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, driver's view obstructed. Doleman was stopped at 11:07 p.m. Tuesday on Killian Road, Pembroke, by Deputy Eric Meyer.

Jacob Wyatt Klotzbach, 26, of Walnut Street, Batavia, is charged with petit larceny. Klotzbach is accused of stealing $22.67 in merchandise from Tops Friendly Market in Batavia.

Ryan D. Bell, 19, of Henrietta, is charged with unlawful possession of marijuana and driving a vehicle without an inspection certificate. Bell was stopped at 9:32 p.m. Wednesday on Route 77 in Darien by State Police. Also charged with unlawful possession of marijuana is Jason A. Batterson, 33, of Walworth.

Jennifer A. Roskey, 37, of Oakfield, is charged with menacing, 2nd, acting in a manner injurious to a child, and criminal possession of a weapon, 3rd. Roskey was charged following an incident reported at 8:23 p.m. Wednesday, at 39 S. Main St., Oakfield, by State Police. Roskey was ordered held on bail. No further information released.

Domonique T. Smith, 26, of Rochester, is charged with DWI, Felony DWI, endangering the welfare of a child, and driving while impaired by drugs. Smith was stopped at 2:03 p.m. June 27 on South Lake Road, Bergen, by State Police.

Trisha R. Santora, 35, of Batavia, is charged with conspiracy, 5th, grand larceny, 4th, and falsifying business records. Santora is accused of a theft at Home Depot reported at 1:37 p.m. Monday. Santora was arrested by State Police. No further details released.

Grand Jury: Man with lengthy criminal history indicted for March robbery of Arby's

By Billie Owens

Michael J. Piasta Jr. is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on March 25 at the Arby's restaurant in Batavia, located at 212 W. Main St., that the defendant forcibly stole property and in the course of the commission of a crime or in the immediate flight from it, he allegedly displayed what appeared to be a pistol, revolver or other firearm. In count two, he is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property on that date that had a value exceeding $3,000. In count three, Piasta is accused of criminal possession of a weapon in the third degree, a second Class D felony, for allegedly possession an imitation pistoal with the intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Piasta is accused of having been convicted of: third-degree burglary, a Class D felony, on Dec. 20, 2010, in Genesee County Court; petit larceny, a Class A misdemeanor, on Sept. 7, 2010, in City of Batavia Court; attempted petit larceny, a Class B misdemeanor, on Jan. 18, 2011, in Town of Batavia Court; attempted failure to pay for service, based on stealth, a Class B misdemeanor, on May 1, 2002, City of Batavia Court; petit larceny again, on July 19, 2001, in City of Batavia Court; and criminal mischief in the fourth degree, a Class A misdemeanor, on April 5, 2001, in City of Batavia Court. These convictions form the basis for Count Three in the current indictment.

Lamont L. Crimes is indicted for the crime second-degree assault, a Class D violent felony. It is alleged that on May 28 in the Town of Elba that, with intent to cause physical injury to another person, Crimes caused injury to another person using a dangerous instrument -- a knife. In count two, the defendant is accused of the same crime involving a second victim.

Jaomi Delgado 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 Dec. 20 in the City of Batavia that Delgado knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic -- cocaine -- and these were of an aggregate weight of one-half ounce or more.

Katelyn M. Bennett is indicted from the crime of driving while intoxicated as a Class E felony. It is alleged that on April 11 in the Town of Bergen that Bennett drove a 2011 Chevrolet on state routes 33 and/or 19 while intoxicated. In count two, she is accused of aggravated DWI, per se, as a Class E felony for allegedly having a BAC of .18 or more at the time. In counts three and four, the defendant is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing, respectively, concentrated cannibas and alprazolam (Xanax). In count five, Bennett is accused of unlawful fleeing a police officer in a motor vehicle in the third degree, another Class A misdemeanor. It is alleged in count five that she knew she had been directed to stop by a police officer or marked police vehicle and she attempted to flee at speeds which equaled or exceeded 25 mph above the speed limit, or she engaged in reckless driving (VTL 1212). In Special Information filed by the District Attorney, Bennett is accused of having been convicted of operating a motor vehicle while impaired by drugs, as a misdemeanor, on Dec. 20, 2011, in the Town of Gates and that conviction was within 10 years of the crimes alleged in the current indictment.

Brent J. Chapman is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on May 11 in the Town of Le Roy that Chapman drove a 2006 Lincoln on I-90 while intoxicated. In Special Information filed by the District Attorney, the defendant is accused of having been convicted for misdemeanor DWI on March 8, 2016, in the Town of Greece, and that convicted is within 10 years of the crime alleged in the current indictment.

Paul D. Fields Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 7 in the Town of Pembroke that Fields drove a 2002 Saturn eastbound on Indian Falls Road while intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 or more at the time. In count three, Fields is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time. In Special Information filed by the District Attorney, Fields is accused of having been convicted of DWI on April 10, 2006, in City of Batavia Court. That conviction forms the basis for Count Three of the current indictment.

Law and Order: Driver charged with DWI after rollover accident

By Howard B. Owens

Carl Bruce James Miller, 26, of Attica Road, Darien, is charged with DWI, leaving the scene of a property damage accident, and failure to keep right. Miller was charged following an investigation by Deputy Ryan Young into a rollover accident reported at 2 a.m. Sunday on Harper Road, Darien. There were two occupants in the vehicle at the time and were transported to ECMC for evaluation of minor injuries.

A 17-year-old resident of County Line Road, Darien, is charged with unlawful dealing with a child. At 3:41 a.m. on July 7, deputies responded to County Line Road, Darien, to investigate a report of an intoxicated male trespassing on a residential property. The youth charged was later accused of hosting a party at his residence where he provided alcohol to individuals under age 21. 

Nathan Adam Millar, 30, of Church Street, Alexander, is charged with harassment, 2nd. Millar allegedly struck another person during a disagreement.

Roy Watson Jr., 29, of Bank Street, Batavia, is charged with a criminal possession of a controlled substance, 7th. Watson was allegedly found in possession of a small quantity of cocaine at 2:30 a.m. Sunday at a location on Main Street, Le Roy.

Michael Arthur Brade, 34, of Olyn Avenue, of Batavia, is charged with sex offender failure to report change. Brade, a Level 3 sex offender, is accused of creating a new email account and not notifying authorities within 10 days. Batavia PD opened an investigation after being alerted by a parole officer.

Matthew I. Diers, 34, of West Main Street, Batavia, is charged with sex offender failure to report change. Diers, a Level 2 sex offender, is accused of creating a Facebook account and email address and failing to report it to authorities within 10 days. Batavia PD was alerted to the accounts by a parole officer.

Five arrests announced at Lynyrd Skynyrd concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Lynyrd Skynyrd Concert at Darien Lake Performing Arts Center on Friday:

Stuart M. Thorp, 41, of Magnolia Crescent, Grimsby, Ontario, Canada, arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return. Thorp was arraigned in Darien Court and jailed in lieu of $1,500 bail.

Andrew G. Lehmann, 30, of Prospect Street, Attica, arrested for disorderly conduct after allegedly flipping over benched outside the concert venue.  Andrew was arraigned in Darien Court and released on $150 bail.

Chad R. Carrington, 25, of Marcy Place, Bronx, arrested for false personation after allegedly providing a false name to deputies. 

Pasquale A. Damato, 43, of Kinsley Road, Elma, arrested for harassment, 2nd, after allegedly punching a female in the face.

Christine M. Kroger, 52, of Barks Road, Caledonia, arrested for trespass after allegedly reentering the concert venue after being ejected and told not to return. 

Batavia woman arrested by Troopers at shelter when she tried to reclaim her neglected dog

By Billie Owens

From the New York State Police:

On Tuesday, July 10, at 5:25 p.m., Troopers out of SP Batavia arrested Becky L. Frens, 56, of Batavia, for overdriving, torturing and injuring an animal; failure to provide proper sustenance.

Troopers were dispatched to the Genesee County Animal Shelter in the Town of Batavia at the request of animal control officers.

Frens arrived at the animal shelter to claim a dog that was previously located the day before. The dog was in very poor health with multiple issues caused by neglect.

The dog was diagnosed with multiple skin infections, mange, double ear infections, and had uncut nails so long that the dog could not walk.

The dog was left in the care of the Genesee County Animal Shelter and Frens was arrested and processed at SP Batavia.

Frens was issued an appearance ticket returnable to the Town of Batavia Court for later this month.

Le Roy 19-year-old accused of selling a controlled substance to a task force agent

By Howard B. Owens
    

(name redacted upon request; defendant granted youthful offender status, 19, of East Main Street, Le Roy, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

xxxx is accused of selling a controlled substance to an agent of the Local Drug Task Force on two occasions.

He was arrested on a warrant during a traffic stop in the Town of Batavia.

He was arraigned this morning in Genesee County Court and released under supervision of Genesee Justice.

 

 

Law and Order: Elba man charged with rape of young teen

By Howard B. Owens

Jason F. Cole, 44, of Quaker Hill Road, Elba, is charged with rape (intercourse by forcible compulsion), second-degree rape, second-degree criminal sexual act, and second-degree strangulation. Cole is accused of engaging in sexual intercourse and oral intercourse with a person less than 15 years old on numerous occasions. He was jailed on $50,000 bail. The investigation was conducted by Investigator Joseph Loftus and Deputy Howard Carlson.

Joseph Michael Tornabene, 26, of Dellinger Avenue, Batavia, is charged with criminal contempt, 2nd, and criminal mischief, 4th. Tornabene is accused of violation of a no-offensive conduct order of protection. He was allegedly involved in an incident where he damaged property in the presence of the protected person. He was jailed on $2,500 bail.

The arrest of White and Wozniak by Batavia PD officers Klimjack and Catherine Mucha on Friday. (Photo by Howard Owens.)

Keith R. White, 46, of Oliver Street, North Tonawanda, and Jeffery P. Wozniak, 49, of 79th Street, Niagara Falls, are charged with petit larceny, conspiracy, 6th, and criminal possession of stolen property, 5th. White and Wozniak are accused of stealing $985.27 in merchandise from Tops Friendly Market at 11:54 a.m. Friday, including steaks, lobster, shrimp, a roast, and several household items. They are also accused of stealing merchandise from Walmart in Batavia. Both suspects were issued appearance tickets. The case was investigated by Officer Catherine Mucha and Officer Frank Klimjack. White is also charged with third-degree burglary and fourth-degree grand larceny. White was arrested by Deputy Travis DeMuth in connection with the alleged Walmart theft. On that charged, he was arraigned and ordered held without bail. (see previous)

Juaquin Enriquo Davis, 23, of Milton Street, Rochester, is charged with violating an order of protection, obstruction of governmental administration, and resisting arrest. Davis was arrested following an investigation into a dispute reported at 12:25 a.m. Thursday on Thomas Avenue, Batavia, by Officer Peter Flanagan. He was jailed on $5,000 bail or $10,000 bond.

Treyvaun T. Filbert, 23, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Filbert was stopped at 1:05 p.m. June 29 on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Nicole L. Matia, 43, of Liberty Street, Batavia, is charged with trespass. Matia allegedly entered a neighbor's home and refused to leave when asked.

Bleyke Z. Culver, 21, of Batavia, is charged with criminal contempt, 2nd. Culver allegedly violated a stay away order of protection during a disturbance on Maple Street at 9:34 p.m. on July 5.

Ronnie Joe Flinchum, 59, of East Main Street, Batavia, is charged with assault, 3rd. Flinchum was allegedly involved in an incident at his residence on East Main Street at 3:45 a.m. on July 1. He was ordered held on $1,000 bail.

Pavel V. Yefremenko, 30, of Walnut Street, Batavia, is charged with criminal mischief, 4th. Yefremenko allegedly damaged property belonging to a woman he knew at 7:47 a.m. on July 4.

Erica M. Raphael, 33, of Pratt Road, Batavia, is charged trespass. Raphael allegedly entered a local business on East Main Street, Batavia, after being previously banned.

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with criminal trespass and endangering the welfare of a child. Dhanda allegedly entered the residence of a person he did not know on Swan Street at 6:08 p.m. on July 2. He was jailed on $5,000 bail. Dhanda is also charged with second-degree harassment for allegedly spitting on another person at 7:24 p.m., July 2.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. Richardson was arrested on a warrant by members of the Local Drug Task Force and jailed without bail. 

Michael Alan Shetler, 28, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. Shetler allegedly violated a stay away order of protection at 10:41 p.m. Sunday in Oakfield. He was jailed on $2,500 bail.

Kelly Patrick DiMatteo, 34, of Byron Holley Road, Byron, is charged with felony DWI, refusal to take a breath test, failure to keep right, and moving from lane unsafely. DiMatteo was reportedly involved in a single-vehicle accident on Lyman Road, Byron, at 8:14 p.m. on July 4. He was jailed on $10,000 bail or $20,000 bond. The accident was investigated by Deputy Andrew Mullen.

Ronald G. Metz, 69, of Lewis Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to signal, and failure to keep right. Metz was arrested following a complaint of an erratic driver at 4:51 p.m., June 29, by Investigator Christopher Parker.

Becky L. Frens, 56, of Batavia, is charged with torture to an animal (not feeding). Frens was arrested by State Police in relation to an incident reported at 3 p.m., Tuesday, in the Town of Batavia. Frens was issued an appearance ticket. No further details released.

Frank R. Cratsenberg, 57, of Akron, is charged with trespass and petit larceny. Cratsenberg was arrested in connection with an incident reported at 3:26 p.m., June 11, in the Town of Alabama. He was arraigned and ordered held in jail. He was arrested by State Police. No further details released.

Ryan Bartholomew, 24, of Batavia, is charged with unlawful possession of marijuana. Bartholomew was stopped by State Police at 10:25 p.m. Sunday by State Police at the Batavia Thruway interchange.

Two boys reportedly swipe electronic cigarette from man at Le Roy Dry Cleaners

By Billie Owens

Two young males reportedly fled Le Roy Dry Cleaners headed toward Main Street on foot after swiping the complainant's electronic cigarette about 10 minutes ago.

The youths are possibly Hispanic, both wearing shorts, and said to be between 8 and 14 years of age.

The dry cleaning business is located at 11 Mill St. Police are responding to the area to look for the boys. The complainant is at the dry cleaners.

Trio suspected of shoplifting apparently planned a surf and turf feast

By Howard B. Owens

Three people were taken into custody around noon at Park and Oak, Batavia, after being stopped as shoplifting suspects.

Charges are pending and their names have not yet been released but police said they recovered a cache of goods allegedly stolen from Tops Friendly Market and Walmart.

The groceries from Tops included, officers said, steaks, lobster, shrimp, a large roast, gluten-free pizza, and several household items, including toilet paper.

The items recovered that appeared to be stolen from Walmart included archery bows.

The suspects appear not to be local residents.

A caller had followed the red van from Tops until police initiated a traffic stop at Park and Oak. The caller reported observing the driver of the red van pounding the steering wheel in an apparent realization they had been caught.

Police are still investigating and will release more information later.

Eight arrests at Logic concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Logic Concert at Darien Lake Performing Arts Center on Tuesday:

Devon R. Westerfield, 18, of Franklin Street, Penn Yann, arrested for unlawful possession of marijuana after allegedly being found in possession of a baggie of marijuana while in the venue parking lot. 

A 17-year-old resident of Grove Street, Buffalo, arrested for harassment, 2nd, after allegedly shoving a Live Nation employee inside the venue.

Steven L. Pufpaff, 18, of Windham Court, Grand Island, arrested for unlawful possession of marijuana after allegedly being found in possession of a bag containing marijuana while in the venue parking lot.

Krista R. Smith, 27, of Cronk Road, Wallkill, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while entering the concert venue.

A 17-year-old resident of Ferndale Road, Williamsville, arrested for disorderly conduct after allegedly causing a disturbance in the concert parking lot after the concert ended.

Sabrina T. Ramsey, 46, of Mt. Vernon Road, Snyder, arrested for trespass after allegedly reentering the concert venue after being ejected and told not to return.

Amanda G. Wolfe, 25, of Burke Park, Buffalo, arrested for criminal possession of marijuana, 4th, after allegedly being found in possession of more than two ounces of marijuana. 

Michael P. Stutzman, 27, of Lakewood Avenue, Hamburg, arrested for DWI and driving with a BAC of .08 percent or more after allegedly being involved in an accident in the concert parking lot.

'Destro' helps capture three suspected thieves in Darien

By Howard B. Owens

K-9 "Destro" flushed out three suspected teenage criminals from Buffalo yesterday afternoon after they got caught allegedly trying to steal a pair of ATVs from a residence at 1888 Broadway Road, Darien.

Multiple deputies and troopers responded to the area at 1:31 p.m. after a caller reported catching three people trying to leave with his house with the ATVs. 

The apparent thieves abandoned the ATVs and fled west on Broadway, through a cemetery, and into a cornfield.

Officers surrounded the area while another kept an eye on an abandoned vehicle parked near the farm field that had apparently been stolen from a location in Lackawanna.

Deputy Chris Erion and Destro were among the officers who responded.

Erion said one subject surrendered as soon as he heard Destro become vocal at the start of the search. The other two were located by Destro about 10 minutes later hunkered down in the corn.

Destro also located a backpack that appeared to contain stolen items, Erion said.

David C. Edwards, 19, of Buffalo, attempted grand larceny, 3rd, and criminal possession of stolen property.

The other two suspects are 17 years old. One was charged with attempted grand larceny, 3rd, criminal possession of stolen property, 3rd, and criminal mischief, 2nd. The other was charged with criminal mischief, 2nd.

The investigation is ongoing and additional charges are pending.

Others responding to the incident included deputies Kevin McCarthy, Corey Mower, Ryan Delong, Rich Schildwaster, Patrick Reeves, and investigators Howard Carlson, Chad Minuto, Joe Loftus, and Chris Parker, and Sgt. Brad Mazur and Chief Deputy Joseph Graff. The State Police, Corfu PD, and Environmental Conservation officers also assisted.

(Initial Post)

Law and Order: Driver accused of pointing shotgun at another person during road rage incident

By Howard B. Owens

Jacob John Sponaugle, 19, of Liberty Street, Batavia, is charged with menacing, 2nd, and criminal possession of a weapon,4th. Sponaugle allegedly pointed a shotgun at another person during a road rage incident reported at 2:52 p.m. Friday at Main and Bank streets in Downtown Batavia.

Jeremiah Lamar Gregory Burt, 23, of Victoria Avenue, Buffalo, is charged with unlawful possession of marijuana. Burt was stopped at 6:45 p.m. Saturday on Main Road, Pembroke, by Deputy Andrew Mullen.

Jacob Lee Jasinski, 20, of Akron Road, Corfu, is charged with DWI, moving from lane unsafely, and unsafe tires. Jasinski was reportedly involved in a one-car accident at 3:55 a.m. Sunday on Main Road, Pembroke. A utility pole was broken in the accident. The accident was investigated by Deputy Ryan Young.

Stephen Michael Milroy, 23, of Junction Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Milroy was arrested on a warrant and jailed on $500 bail or $2,000 bond.

Matthew Richard Jackson, 27, of Vernon Avenue, of Batavia, is charged with: DWI; driving with a BAC of .08 or greater; leaving the scene of a property damage accident; driving left of pavement markings; and moving from lane unsafely. Jackson was stopped at 3:14 p.m. Sunday on Main Road, Pembroke, by Deputy Mathew Clor.

John Kelly, 27, of Parkway, Rochester, is charged with criminal trespass, obstructing governmental administration, resisting arrest, and harassment, 2nd. Kelly was charged following an investigation into an incident reported at 10 p.m. June 17 at a residence on Bethany Le Roy Road, Stafford, by Deputy Rachel Diehl.

Cherie M. Oddo, 57, of Maple Street, Batavia, is charged with petit larceny. Oddo is accused of stealing $7.69 worth of merchandise from Tops Friendly Market.

Joseph Thomas Burr, 24, of North Lyon Street, Batavia, is charged with robbery, 3rd, two counts of grand larceny, 4th, and endangering the welfare of a child. Burr is accused of stealing another person's wallet during an argument reported at 3:30 p.m., Friday.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with harassment, 2nd, endangering the welfare of a child, and criminal mischief, 4th. Williams was allegedly involved in an incident on Central Avenue reported at 8:45 p.m. June 11. Williams was also charged with petit larceny for allegedly shoplifting at Tops Friendly Market on June 17. He was also arrested on a warrant out of City Court.

John A. Snook, 30, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to comply with a court-ordered program. 

Joseph W. Freeman, 34, of Platten Road, Lyndonville, was arrested on a warrant and ordered held on $1,000 bail. No further details about the charges released.

Christine Marie Wagner, 37, of East Main Road, Batavia, is charged with petit larceny. Wagner was charged following an investigation into possible employee theft at a local business. Also charged with petit larceny, Irisa M. Hill, 22, of Wood Street, Batavia. 

John D. Radley, 57, of Route 20A, Warsaw, is charged with DWI and driving while impaired by alcohol. At 4:37 p.m. on June 22, police were alerted to a person reportedly drinking alcohol in a running motor vehicle in the parking lot of Tops Friendly Market. Upon arrival, police allegedly found Radley slumped over the wheel, asleep.

A 16-year-old resident of Batavia is charged with unauthorized use of a vehicle and criminal possession of stolen property. 

Joshua P. Fields, 21, of Batavia Bethany Townline Road, Batavia, is charged with aggravated unlicensed operation, 3rd, and unsafe backing. Fields was arrested on a warrant. He posted bail and was released.

Thomas Andrew Woldford, 42, of Ringquist Street, Las Vegas, is charged with DWI and failure to dim headlights. Woldford was stopped at 1:19 a.m. Monday on Route 33, Stafford, by Deputy Jeremy McClellan after Woldford allegedly failed to dim his headlights for oncoming traffic.

Brittany A. Young, 23, of Buffalo, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, unlicensed operation, 3rd, and speeding. Young was stopped by State Police on Route 77 in Darien at 3:45 p.m. on June 25. While interviewing the driver, troopers detected the odor of marijuana emanating from the vehicle. Young was allegedly found to be driving on a suspended license and was also found to be in possession of marijuana and a controlled substance. Young posted $500 bail and was released from jail pending her next court appearance in Darien Town Court.

Vikki L. Sullivan, 32, of Norfolk, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. State Police came into contact with Sullivan at 2:39 a.m. Sunday at an undisclosed location in the Town of Darien.

Shawn R. Bowick, 32, of Leicester, is charged with unlawful possession of marijuana and a license plate violation. Bowick was stopped by State Police at 6:15 p.m. Friday on Route 63, Batavia.

Rahiim J. Collazo, 40, of Rochester, is charged with aggravated unlicensed operation, speeding, obstructed vision, license plate violation, and no license. Tiffany M. Santos, 35, of Rochester, is charged with permitting unlicensed operation and facilitating aggravated unlicensed operation. Callazo was stopped by State Police at 7:40 p.m. Friday on Batavia Elba Townline Road, Batavia.

A 17-year-old resident of Attica was charged with unlawful possession of marijuana by State Police during a traffic stop on Route 98 in Alexander at 1:54 a.m. on Sunday.

Urns stolen from Batavia Peace Garden

By Virginia Kropf

Paula Savage looks forward to her regular visits to Batavia’s Peace Garden, a concept she founded in 2012 for the 200th anniversary of the War of 1812.

Her visit on Monday morning, however, was met with shock, when she discovered someone had stolen two large urns and a ceramic snail lawn ornament from the Garden on Main Street.

“I come about every other day to water the urns and pull weeds,” Savage said Tuesday morning, as she waited for police to arrive. “This is terrible. I know people in our community respect this garden.”

The large footed urns were purchased by Savage and placed on either side of a marble bench near the flags.

She was alerted to the theft by a man who said he frequently walks his dog in the area. He noticed loose dirt on the footbridge over Tonawanda Creek, which leads Savage to believe the thieves came from the other side of the creek.

“Possibly the urns got too heavy and they dumped some of the dirt out on the bridge,” she said. “There had to have been a group of people to carry those two big urns and the ceramic lawn ornament.”

Savage said this garden is revered by the community and is promoted by New York state. It was the first Peace Garden on the New York State Bicentennial Peace Garden Trail.

“There is such an emphasis on keeping this garden beautiful, and a lot of effort goes into maintaining it,” Savage said. “I came to water the urns because I wanted the garden to look pristine for the Fourth of July.”

Batavia Patrolman C.J. Lindsay said they will be checking security cameras at businesses across the street.

Savage said the Peace Garden Committee will be investigating the possibility of security cameras and/or motion lights in the area.

“We don’t want this to happen again,” she said.

The urns stolen were dark colored and made of a resin, and the lawn ornament was a ceramic snail. Savage said if anyone sees anything resembling them, they should contact the Batavia Police Department.

Top photo: Paula Savage, founder of the International Peace Garden, shows Batavia Police Officer C.J. Lindsay where someone stole two large urns from the Peace Garden on Main Street during the weekend.

Paula Savage holds a handful of flowers which were pulled from two large urns before vandals stole them out of Batavia’s Peace Garden, presumably during Sunday night. Photos by Virginia Kropf.

Police responding to Darien for attempt to steal ATV

By Howard B. Owens

A deputy and a trooper are responding to Broadway Road, west of Route 238, Darien, for an attempted theft of an ATV from a residence.

The suspects fled on foot heading into the cemetery after ditching the ATV. They are described as black males and one white male.

UPDATE 12:01 p.m.: The caller is in the cemetery and has found what appears to be a long gun wrapped in tent material. The caller did not see any vehicles in the area. There are several barns in the area. One suspect is described is described as wearing a gray T-shirt with a Buffalo Sabres logo and blue shorts.

UPDATE 12:04 p.m.: The subjects are spotted by an officer in a cornfield running east. The corn is tall enough that the officer is having a hard time keeping an eye on them. 

UPDATE 12:09 p.m.: All units requested to communicate on LE secure.

Three arrests announced for Chris Stapleton concert Saturday

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Chris Stapleton Concert at Darien Lake Performing Arts Center on Saturday:

Nicholas A. Gallo, 27, of Ridge Road, Spencerport, was arrested for unlawful possession of marijuana after allegedly being found in possession of a baggie of marijuana while entering the concert venue.

Joseph J. Proia, 40, of West Creek Drive, Spencerport, arrested criminal trespass, 3rd, and harassment, 2nd, after allegedly reentering the concert venue after having been ejected and told not to return and grabbing a Live Nation employee by the hand and wrist while being ejected.

Dominic M. Brunette, 19, of Little Briggins Circle, Fairport, was arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while entering the concert venue.

Law and Order: Philly resident accused of giving false identity to deputies

By Howard B. Owens
         Ernest Smith

Ernest A. Smith, 36, of Penway Street, Philadelphia, is charged with forgery, 2nd, and falsifying business records, 2nd. Smith was arrested at Darien Lake at 9:15 p.m. Wednesday on charges of trespass and false personation. He was transported to the Genesee County Jail where he allegedly provided a false identity of Calvin W. Smith III and forged that name on documents. He was jailed on $25,000 bail, $50,000 bond.

Russell Ray Miles Jr., 50, East Main Street, Batavia, is charged with criminal mischief. Miles is accused of intentionally breaking the front grill of a vehicle that was for sale on East Main Street, Batavia, at 4:54 p.m. June 21.

John A. Stoneham, 54, of Bethany Le Roy Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Stoneham was stopped at 10:03 p.m. Thursday on West Main Street, Batavia, by Sgt. Andrew Hale.

Stacy Lynn Parks, 38, of East Avenue, Hilton, is charged with DWI, felony DWI with a passenger less than 16, driving with a BAC of .08 or greater, and endangering the welfare of a child. Parks was stopped at 11:14 p.m. Wednesday on Route 20, Darien, by Deputy Erik Andre. Parks allegedly had a 1-year-old child in her car.

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