crime

    Jason Anderson

Jason R. Anderson, 36, of South Main Street, Batavia, is charged with grand larceny, 4th, driving while under the influence of drug and alcohol, criminal mischief, 4th, and possession of a hypodermic instrument. Anderson is accused of driving his vehicle into Kibbe Park where it became stuck in the mud. Anderson then allegedly stole another vehicle and attempted to push his vehicle out of the mud. That vehicle also became stuck in the mud. The stuck vehicles were reported at 1:27 a.m. Tuesday. Upon investigation by officers Mitchell Cowen and Arick Perkins, Anderson was allegedly found to be under the influence of drugs and alcohol and in possession of needles. He was arraigned and jailed without bail.

Kiara M. McCoy, 28, of Woodward Street, Rochester, was arrested on a warrant for alleged failure to answer a traffic summons. McCoy was located by Rochester PD and turned over to Batavia PD. McCoy posted bail and was released.

George E. Norway, 65, of North Pearl Street, Oakfield, is charged with aggravated harassment. Norway allegedly left a threatening message for an employee at the Department of Motor Vehicles. Norway was arraigned and released under the supervision of Genesee Justice.

Sarah D. Peterson, 26, of Le Roy, is charged with unlawful possession of marijuana. Peterson was arrested by State Police at an apartment in Le Roy at 12:15 p.m. Wednesday.

Samuel R. Oddo, 34, of Batavia, is charged with grand larceny, 4th. Oddo is accused of stealing property at Target with a value of more than $1,000. He was arrested by State Police at 2:34 p.m. Monday.

Jessica M. Pfenninger, 35, of Batavia, and Robin L. Walsh, 51, of Batavia, are charged with criminal possession of a controlled substance, 7th. Pfenninger and Walsh were arrested by State Police at 2:38 p.m. Wednesday. No further details released.

At a press conference this morning (photo), officials with the Sheriff's Office asked for the public's help in locating the family of murder victim Sherri Colleen Butler and this evening investigators announced next of kin of been located and notified of Butler's death.

The 58-year-old woman was found dead Monday morning in her room at the Sunset Motel in Batavia, the victim of blunt force trauma to her neck.

The suspect remains at large.

Investigators are still seeking the public's helping in solving the murder case. Anybody with any information that might be helpful are encouraged to call (585) 343-5000.

Previously: Investigators trying to locate family of murder victim Sherri Colleen Butler

Investigators have been unable to locate the family of Sherri Colleen Butler, the woman found dead two mornings ago in a room at the Sunset Motel on West Main Street Road, Batavia, so they released her name today in the hope somebody will see it and contact them with more information about her.

As far as investigators know, Butler has been living at the Sunset Motel since the January 2014 when deputies first had contact with her.

She has a record of prior law enforcement contacts in Rochester.

Not much else is known about here, said Undersheriff Gregory Walker during a press conference this morning.

Butler is described as a white female, age 59.

She was last seen alive Friday or Saturday.

Emergency dispatch received a call at 11:57 a.m. Monday of an unresponsive woman in a room at the motel. One of the motel's owners, Kevin Bezon, went to check on her because she hadn't been seen in a couple of days.

Sgt. Ron Meides was the first officer on scene and he immediately determined Butler was dead and the circumstances of her death seemed suspicious.

A medical examiner has ruled her death a homicide. The cause of death was "blunt-force trauma to the carotid artery."

Chief Deputy Jerome Brewster said Butler had no other serious injuries. He would not say whether there was evidence of a related crime, such as robbery or sexual assault. 

There was no drug paraphernalia in the room.

There was no sign of forced entry. 

Brewster said no information will be released at this time on whether there is a suspect or suspects.

“It’s hard to assume whether it was somebody she knew or not,” Walker said.

Like all the residents of the motel, Butler paid her rent on a weekly basis. Co-owner Lynn Bezon said Butler always paid her rent on time and was a pleasant resident.

"She was a sweet lady," Bezon said.

Butler's prior police contact did include an arrest, according to available information. She was arrested in May 2014 for harassment, 2nd, and trespass. She was arrested in July 2014 on a warrant for criminal contempt.

Homicides remain rare in Genesee County. The most recent cases include the last one on Dec. 1, 2015, when Kyle Johnson killed Norman Ball on Selden Road in Le Roy. In December 2014, Baby Chandler died of head trauma and Jeffrey L. Deats was charged with manslaughter. A few days later, Deats took his own life while in custody. In 2009, Scott Doll killed Joseph Benaquist in Pembroke.

The unsolved murders in the county include Bill Fickel, Annie Lee, Eddie Freson and Kisha Sullivan.

Asked how he thought this case might be a hard case to solve, Brewster said, "I never go into one thinking I’m not going to win."

Solving the Butler case though may hinge, Brewster said, on the cooperation of people who aren't normally comfortable talking with the police.

"Because she lived in a motel unit and paid week-to-week, she would have been in contact with people that are similarly fixed and sometimes these people don’t really communicate with the police," Brewster said. "We’re hoping that when they realize this woman has been murdered that they may decide step outside themselves and help the police for once. They could be a big help to us if they decide to come forward."

      Keith Kent

In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.

Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.

A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.

State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.

Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.

Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.

"I'm not holding back," Friedman said. "I have not decided which way we go between those options."

He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.

"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.

The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.

Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable. 

One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.

At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.

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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."

Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.  

"He's doing as well as expected under the circumstances," Walker told the county legislators.

A woman was found dead, apparently murdered, at 11:57 a.m. yesterday at the Sunset Model, 4056 W. Main Street Road, Batavia.

A medical examiner has determined the cause of death was "sharp force trauma to the carotid artery."

Yesterday morning a deputy responded to a report of an unresponsive woman in a room at the motel. Responding deputies determined she was dead and Coroner Jeffrey McIntyre responded to confirm her death.

The case has been ruled a homicide by the medical examiner. 

The woman has been identified by authorities but her name has not yet been released pending notification of family.

Amanda E. Havens, 36, of Munson Street, Le Roy, and Thomas Williamee (no further info released) are charged with petit larceny and conspiracy, 6th. Havens and Williamee are accused of stealing gasoline from Top's Friendly Market.

Anthony Charles D'Ambrosia, 38, of Mosley Road, Rochester, is charged with bail jumping. D'Ambrosia allegedly failed to appear for a scheduled court date in City Count. He turned himself in within 30 days of his scheduled appearance. He was jailed on $500 bail.

Minnie Marie Henry, 30, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to meet sentencing requirements. He was arraigned and jailed.

Leroy Thornton III, 27, of Ashland Avenue, Niagara Falls, is charged with harassment, 2nd. Thornton allegedly threatened another person during a disturbance on Dellinger Avenue at 9:10 p.m. March 11.

John P. Henning, 56, of Batavia, is charged with criminal contempt. Henning was arrested by State Police on Monday. No further details released.

James Benjamin Page, 38, of Edgeware Road, Rochester, is charged with petit larceny, aggravated unlicensed operation, driving without an ignition-interlock device. Page was allegedly found by Deputy Jeremy McClellan at 11:35 p.m. Saturday loading scrap metal from a local business into a vehicle without permission. He allegedly had possession of control of the vehicle at the time.

Mallard Akoma Newkirk, 25, of Lake Artesia Road, Faison, N.C., is charged with unlawful possession of marijuana. Newkirk was arrested after a report of the odor of marijuana coming from a hotel room at the Econo Lodge in Pembroke at midnight, Saturday.

Patricia Lynn Gertis, 57, of Mount View, Arcade, is charged petit larceny. Gertis is accused of shoplifting from Kohl's Department Store in Batavia.

Deborah Ann Scholonski, 48, of Griswold Road, Bergen, is charged with: DWI; driving with a BAC of .08 or greater; speeding; driving a vehicle without valid inspection; and insufficient tail lamps. Scholonski was stopped at 11:30 p.m. Friday on Route 33, Stafford, by Deputy Ryan DeLong.

Andres A. Arteaga, 20, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Arteaga was stopped at 1:53 a.m. Sunday on Route 98 in the Town of Batavia by State Police.

A person driving a black pickup truck apparently tried to steal a trailer from a residence in Alabama.

The son of the owner followed the truck and managed to get him stopped at Lewiston and Meadville roads. The pickup driver unhooked the trailer and took off.

The plate of the truck comes back to a residence in Niagara County. The Niagara County Sheriff's Office has been notified. Deputies there are familiar with the subject.

Michael Piasta in  2010

More than seven years ago, Michael J. Piasta stood before Judge Robert C. Noonan and said he thought he could turn his life around.

"At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Piasta served the maximum term. He was released Oct. 24.

In March, he allegedly robbed the Arby's Resturant in Batavia. Today, he was arrested by Batavia PD with assistance from members of the Local Drug Task Force.

He is charged with robbery in the second degree, criminal possession of a weapon in the third degree, and grand larceny in the third degree.

He allegedly got away from the Arby's robbery March 23 with more than $6,000 in cash.

When he was arrested on West Main Street, three other individuals were in the truck with him. Batavia PD did not release any information on those individuals or whether they were charged with any crimes.

Piasta was jailed without bail following arraignment in City Court.

When he appeared before Noonan in 2010, Piasta already had a lengthy criminal record. 

On Nov. 5, 2010, Piasta entered a guilty plea to burglary, 3rd, and two counts of criminal possession of a forged instrument. Piasta also admitted that he broke into a business at 56 Harvester Ave., Batavia, and stole a credit card -- running up more than $500 in charges -- and checks. He attempted to forge the checks at two local banks.

That summer, Piasta was also accused of stealing DVDs from Pandora's Boxx and shoplifting from Wilson Farms.

Press release:

Deputy Ryan W. Young has been identified by Genesee County Sheriff William A. Sheron Jr. as the officer involved in Wednesday night's shooting at the Indian Falls Log Cabin Restaurant.

Deputy Young is a six-year law enforcement officer who joined the Genesee County Sheriff’s Office in 2016.

Sheriff Sheron said: “Law enforcement officers go to work every day knowing that they may be required to sacrifice their own lives, or take the life of another human being, in order to fulfill their obligation of protecting the citizens of our communities. Deputy Young’s actions on Wednesday night did just that.”

ADDITIONAL INFO: Deputy Young was with the Le Roy Police Department prior to joining the Sheriff's Office. On Dec. 1, 2015, he distinguished himself at a crime scene on Seldon Road, Le Roy, where Kyle G. Johnson had already killed a neighbor and set his own house on fire as Young arrived on scene. After he arrived, Johnson fired in his direction toward a fire chief. Young immediately took command of the situation, took cover, instructed neighbors to seek shelter in their basement, and kept other responding units informed of Johnson's movements and whereabouts, even, while at times, under the threat of being fired upon. He received a Distinguished Service Award from Le Roy Chief Chris Hayward for his valor. Johnson was eventually taken into custody without further shots fired.

After the duty-related death of Deputy Frank Bordonaro in 2014, Young made rope bracelets with brass plates honoring Bordonaro and sold them to others in the law enforcement community to help raise funds to donate to Bordonaro's sons.

Earlier this year, Young received his first Commendation from the Sheriff's Office.

A 16-year-old resident of Oak Street in Batavia accepted a plea deal this afternoon that could result in a term of one-and-a-third to four years in prison.

Lionel J. Anderson Jr. was facing a Class D violent felony count of second-degree assault stemming from an altercation on Highland Park, Batavia, during the evening of Nov. 28. The charge was downgraded today under a plea agreement, offered for Judge Charles Zambito's consideration, to a non-violent Class E felony of attempted second-degree assault.

The Oklahoma native, who finished the 10th grade of high school, accepted responsibility in Genesee County Court this afternoon for injuring a 13-year-old victim who was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

Zambito ordered a pre-sentencing investigation, and sentencing is scheduled for 9:15 a.m. on May 21. Meanwhile, Lionel remains in custody on $25,000 bail.

It was unclear if other charges initially filed in the case are still pending in Batavia City Court -- one count of harassment and two counts of endangering the welfare of a child.

Lionel's attorney, Michael Locicero, asked if the plea agreement would resolve any pending charges.

District Attorney Lawrence Friedman said he could not agree "sight unseen" that additional charges pending for Locicero's client would be satisfied by the plea agreement at hand. But the DA did pledge that the plea satisfies all charges for the defendant in this case, involving this victim, pertaining to the Nov. 28 incident.

Lionel -- handcuffed, wearing faded orangish sweat pants, a bright orange jail shirt, long-sleeved thermal undershirt, white socks and tan slides -- fidgeted as Zambito explained what the plea meant. Slightly built and about 5'7", he answered "yes," softly, when asked if he understood the terms.

Local law enforcement and county coroners are on scene at the Log Cabin Restaurant in Indian Falls.

A report of shots fired there was dispatched at about 11 p.m.

The road is blocked and no one is being admitted. The location is 1227 Gilmore Road.

As of 11:50 p.m., a county coroner was allowed in and other responding medical personnel were told to leave.

At about 11:58 p.m. a second county coroner arrived.

UPDATE 12:07 a.m.: First District Attorney Melissa Cianfrini just arrived on scene.

UPDATE (By Howard) 1:24 a.m.: Undersheriff Greg Walker has confirmed that a deputy shot and killed an armed suspect after the man turned and pointed his gun at him outside the Log Cabin Restaurant. (Story)

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.

      Jonathan Balaz

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of pulling the fire alarm at DePaul Properties, 555 E. Main St., Batavia, at 4:37 p.m. Friday when there was no fire or another emergency. (Balaz was recently arrested on two similar accusations.)

Rachael Marie Lochner, 23, of Janice Drive, Rochester, is charged with: felony DWI (driving drunk with a child less than 16 in the vehicle); driving with a BAC of .18 or greater; failure to keep right; and moving from lane unsafely. Lochner was involved in an accident on South Street Road, Pavilion, at 1:41 p.m., April 4. Her vehicle reportedly left the roadway and struck two fences, causing property damage, to two other vehicles and a building. The accident was investigated by deputies Andrew Mullen and Kevin McCarthy.

Rueben O. Walker, 33, of Ellicott Street, Rochester, is accused of criminal possession of stolen property, 4th, and criminal impersonation, 2nd. Walker is accused of using a debit card belonging to another person, claiming he knew the person but did not have permission to possess or use the card. He was jailed without bail.

Shaquille Levon Davis, 25, of Main Road, Stafford, is charged with criminal mischief, 4th. Davis allegedly damaged a door during an argument at a residence on Highland Park at 2:45 p.m., Thursday. He was ordered held on bail.

Robert D. Griffin Sr., 39, no listed address, is charged with criminal contempt, 2nd. Griffin is accused of violating an order of protection at a location on Manhattan Avenue at 7:50 p.m. Saturday.

Antonio M. McKinney, 43, of Gibson Street, Buffalo, is charged with DWI. McKinney was arrested after Officer Christopher Lindsay responded to Speedway at 4:24 p.m. Saturday to investigate a report of a larceny. Upon investigation, it was determined that McKinney allegedly drove to Speedway in an intoxicated condition. He was jailed without bail.

Kevin Angel Rivera, 23, of Richmond Terrace, Staten Island, is charged with harassment, 2nd. Rivera is accused of pushing another person and punching that person in the face during an argument at College Village at 4 p.m. Sunday.

Patrick S. Rumble, 31, of Hutchins Place, Batavia, is charged with harassmen,t 2nd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Rumble allegedly pushed another person multiple times and prevented that person from leaving a residence and from contacting emergency dispatch during an incident at 4:11 p.m. Wednesday at a location on Hutchins Place, Batavia.

A 17-year-old resident of Hutchins Place is charged with trespass. The youth allegedly entered a residence on Hutchins Place at about 4 p.m. Wednesday after being told to stay away from that residence.

Arnold John Oberlander Jr., 54, of South Pearl Street, Oakfield, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Oberlander was stopped at 8:29 a.m. Thursday on the I-490 in Le Roy by Deputy Matthew Bailey.

Two men who reportedly led law enforcement in Livingston County on a chase and were later spotted by a deputy in Genesee County allegedly tried to flee on foot after a one-vehicle car crash at Route 262 and Bank Street Road in Byron at 4 a.m.

Their effort led to a manhunt, joined by Deputy Chris Erion and K-9 "Destro." As a result, both men required treatment at UMMC for dog bites, according to Chief Deputy Joseph Graff.

One of the men apparently had a prior stomach injury and was reportedly throwing up blood at the scene. As of this afternoon, he was still a patient at UMMC. The other man, Michael Collier, 45, of Rochester, was arraigned this morning on charges of criminal possession of stolen property, fleeing a police officer, 3rd, reckless driving, and aggravated unlicensed operation, 3rd.

Charges are pending against the man still in the hospital.

Graff said the incident started after Sheriff's dispatch was notified of a chase in Livingston County.  

A deputy spotted a vehicle matching the description of the Livingston County vehicle but did not initiate a chase. Instead, the deputy followed the vehicle.

It crashed at Bank Street Road and Route 262 in Byron and the occupants tried to flee. 

Erion and Destro were dispatched to the scene. One subject was captured quickly and the other remained on the loose for a little while. When each of the subjects was found, Destro initiated a bite and hold to help incapacitate them so they could be taken into custody.

Graff said the bite injuries were not serious.

UPDATE Friday, 10 a.m.: Additional information has been released by the Sheriff's Office. The suspects were pursued in Livingston County after a report that they were involved in a theft of merchandise from a department store in Geneseo. It was Deputy Jeremy McClellan who first observed their vehicle on Route 5 in the Town of Batavia. The suspects fled and crashed at Route 262 and Bank Street Road. State Police and Batavia PD assisted in the search of the area. Collier's passenger has been identified as Gary L. Weese, 44, of West Avenue, Medina. He is being charged with criminal possession of stolen property in the 5th degree. He remains hospitalized for health issues unrelated to the incident. Bail for Collier was set at $50,000.

(Initial Report)

Several law enforcement units are on scene at Route 262 and Bank Street Road in Byron and looking for a suspect who fled on foot following a chase.

A missing "gun alert" has been issued; officers found an ammunition clip in the suspect vehicle but a gun is nowhere to be found.

We do not know what prompted the initial chase.

A second suspect is in custody and is thought to be throwing up blood; "he has had several stomach surgeries." Mercy medics are called to the scene to evaluate the patient.

UPDATE 4:28 a.m.: Medics are called to evaluate a second patient who has been bitten by a dog.

UPDATE 4:49 a.m.: Two patients are transported to UMMC.

Press release:

The Batavia Police Department is currently investigating the passing of counterfeit $50 bills throughout the area. It is recommended that anyone receiving a $50 bill use extra caution to check its authenticity. The counterfeit bills are very sophisticated and will pass the marker test that most businesses use.

They do have reoccurring fraudulent features that make them identifiable, such as a penciled in security strip on the reverse and a faintly penciled in face on the right side of the obverse (side of the currency note with the head of Grant). They are also missing the microprint security features due to blurring.

If anyone receives a counterfeit or suspected counterfeit bill, or has information in reference to the case please contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Derek J. Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 1st. Wert is accused of violating an order of protection by making contact Sunday with the protected person at the person's residence. Wert was arraigned and jailed without bail.

Austin Kendrick Vogt, 20, of Fairway 6, Macedon, is charged with criminal mischief, 4th. Vogt allegedly broke a mirror in a bathroom at College Village at 7 p.m. Sunday.

Faith Marie Greene, 21, of Canterbury Lane, Tonawanda, is charged with unlawful possession of marijuana and speeding. Greene was stopped at 3:20 a.m. Saturday on Route 77 in Darien by Deputy Eric Meyer.

Andrew Gerard Jones, 54, of Attridge Road, Churchville, is charged with DWI, driving under the influences of drugs and alcohol, refusal to take breath test, and speeding. Jones was stopped at 12:26 p.m. Saturday on Pearl Street Road, Batavia, by Sgt. John Baiocco.

Walter Bernard Hale Jr., 40, of East Avenue, Batavia, is charged with criminal contempt, 2nd. Hale is accused of posting pictures online of a person under the protection of a court order.