crime

UPDATED 9:25 a.m., Thursday.

It took more than an hour, but police did nab a warrant suspect late this afternoon after a police officer spotted him on Walnut Street, Batavia.

The suspect was listed as a missing person and also had a county arrest warrant. The charges are not listed in in the Batavia PD press release. The Batavian is not publishing the suspect's name at this time.

The youth is a resident of Walnut Street.

Officer Chad Richards spotted the youth walking on Walnut and when he turned around, the suspect fled. Backup units were called from Batavia PD and the Sheriff's Office, including Deputy Chris Erion with K-9 Destro.

Officers cordoned off the area and conducted a search. After the search area was expanded, the suspect was spotted on Franklin Avenue and taken into custody.

Assisting in the search were Sgt. Dan Coffey, Det. Thad Mart, Det. Eric Hill, Officer James Defreze, Officer Jason Ivison, Officer Wojtaszczyk along with Det. Paul Caffo and Investigator Greg Walker. 

The youth was taken into custody on Franklin by Mart and Defreze.

James Herbert Manes, 77, of Sunset Parkway, Oakfield, is charged with criminal mischief, 4th. Manes allegedly stood on a shed in his yard and used a saw to cut branches from a tree in his neighbor's yard. Manes was previously charged with trespass in the incident. He was arraigned in Town of Oakfield Court on Monday night on the upgraded charge.

Alfredo Jalowayski, 52, of Saint Paul Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding (43 in a 30 mph zone) and no or inadequate exhaust. Jalowayski was stopped at 6:25 p.m. Tuesday on Main Street, Village of Oakfield, by Deputy Patrick Reeves. 

Gregory John Richenberg, 56, of South Holley Road, Holley, and Jeremy John Richenberg, 34, of Fancher Road, Albion, are charged with trespass. The two men were allegedly on property in Byron owned by a family member after being advised by the propery owner to stay off the property.

Charles H. Wroten, 53, of Buell Street, Batavia, is charged with criminal obstruction of breathing/blood circulation, second-degree robbery, and second-degree assault. Wroten was arrested on the charges following a domestic incident Aug. 4 on Hutchins Street. He is accused of slamming a person to the ground, causing injury, and taking the phone from the victim. He was jailed without bail. The case was investigated by Batavia PD officers Jason Ivison and James DeFreze.

Mark Walter Grabowski, 56, of Chestnut Street, Batavia, is charged with second-degree harassment following his arrest this afternoon for a monetary dispute that initially arose on July 10 on Margaret Place. He was issued an appearance ticket. The case was investigated by Batavia PD officers Peter Flanagan and Devon Pahuta.

Kelly J. Stone, 40, of Le Roy, no other address provided, was ticketed for failure to keep right following a one-vehicle accident in Warsaw on Aug. 3. State Police reported that the accident occurred at the CSX railroad crossing on Saltvale Road, just entering the Town of Middlebury. Stone was northbound on Saltvale when she allegedly failed to reduce her speed at the crossing in time to avoid entering the southbound lane. Then her vehicle struck a sign on the west shoulder before it came to a stop. Neither Stone nor her two passengers were injured in the collision. She is to return at a later date to the Middlebury Town Court.

Sara E. Schimley, 24, a Le Roy native now living in Buffalo without a permanent address, was arrested July 28 by Le Roy police on a bench warrant out of Le Roy Town Court for failure to appear on two charges: first-degree felony burglary; and criminal possession of a weapon, 3rd. In addition, Le Roy police charged her with bail jumping, 2nd, a Class E felony, for allegedly failing to appear in court within 30 days of her last scheduled appearance on the original burglary and weapons charges. Buffalo PD located her and turned her over to Le Roy PD. She was jailed in lieu of $5,000 bail. Le Roy PD officer John Condidorio handled the case.

Nicole Lyn Kulzer, 33, of Swamp Road, Byron, is charged with endangering the welfare of a child and second-degree harassment. On July, 30, Kulzer was arrested following an investigation into an incident wherein she allegedly disciplined a child by striking the child with a plastic golf club, causing swelling and redness in the area where hit. The case was investigated by Sheriff's deputy Joseph Graff.

Jennifer Ann Stiles, 31, of Sheppard Road, Pavilion, is charged with reckless endangerment, 1st, menacing, 2nd, and conspiracy, 5th, following an incident July 25 in Byron. It is alleged that she was involved in a dispute and discharged a firearm during the conflict. The case was investigated by Sheriff's deputy Joseph Corona.

Brandon Marshall Weig, 26, of West Main Street, Batavia, is charged with first-degree criminal contempt, with a prior conviction within the previous five years. He allegedly violated a court order barring him from having any contact whatsoever with the protected party. Weig is currently in county jail on a similar offense and was issued an appearance ticket on the new charge. He is scheduled to appear in City Court on Aug. 5. The case was investigated by officer Chad Richards.

Nicholas Alexander Verhoef, 18, of Spencer Road, Rochester, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under age 21. Sheriff's deputies made the arrest after he was stopped for alleged violations of vehicle and traffic law. Verhauf was also alleged to have been drinking alcohol inside his vehicle when he was stopped. The case was investigated by Sheriff's deputy Joseph Corona.

Joseph William McNamara, 19, of Sand Pebble Drive, Rochester, is charged with criminal impersonation, 2nd, and unlawful possession of alcohol by a person under age 21. It is alleged that on Aug. 2 in Pavilion he used the NY ID of another person to unlawfully buy alcohol and to possess it while being under age. Also, McNamara was cited for no front license place and open alcoholic beverage inside a motor vehicle. The case was investigated by Sheriff's deputy Joseph Corona.

Amanda Marie Webb, 25, of Colby Road, Darien, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and failure to stop at stop sign. It is alleged that on July 29 she failed to stop at a stop sign and a traffic stop was made, whereupon a Sheriff's deputy allegedly found her in possession of marijuana and a suspended driver's license. The case was investigated by deputy Joseph Corona.

Thomas J. Mitchell, 25, of West Center Street, Medina, is charged with petit larceny and criminal mischief, 4th. He was arrested in Erie County by Batavia PD on warrants issued by City Court. He was jailed in lieu of $250 bail. He is set to appear back in court Aug. 7. The case was investigated by officer Jason Davis.

Scott Alexander Lawrence, 23, of Griswold Road, Darien, is charged with unlawful possession of marijuana. Lawrence was a passenger in a vehicle on July 29 when the vehicle was stopped by Sheriff's deputies for vehicle and traffic violations and at that time he allegedly possessed marijuana. The case was investigated by Joseph Corona.

The attorney for DaShawn Butler -- the Batavia resident accused of firing gunshots at a person on State Street last September -- has filed a motion to have the charges against Butler dismissed because, he said, his client's rights have been violated.

Attorney Thomas Burns argued in court this morning that information about two witnesses wasn't available to him before a grand jury hearing on the case, and that the lack of information under those circumstances is so egregious that the case should be dimissed "in the interest of justice."

District Attorney Lawrence Friedman countered that the information was available in the City Court case file and that even if the witness had been made available to testify, their testimony would not have helped Butler's defense.

Burns also requested a hearing on the timeliness of Butler's arrest in December. Burns contends that the police had ample opportunity to locate and arrest Butler after he was named as a suspect in the shooting because Butler never left town.

The lack of due diligence, Burns told Judge Robert C. Noonan, means there was a violation of his client's right to a speedy trial.

Noonan scheduled the hearing for 3 p.m., Aug. 27. He is reserving his decision on dismissal motions by Burns.

According to Burns, there are three witnesses he didn't know about before the grand jury presentation. Two, he said, initially said the shooter the night of Sept. 27 was white and a third said the alleged victim was the shooter.

Burns said there was only an incomplete report in the City Court file prior to the hearing, which is why didn't know about these witnesses.

He questioned why the police waited weeks to interview the witnesses.

Friedman called the initial statements attributed to the witnesses "double hearsay." He said the investigators were simply doing what good cops do, an investigation when they went out to find the witnesses and try to find out what they actually saw.

Once they were actually interviewed -- rather than the police just getting information from intermediaries -- they described the shooter as black and the other did not name the victim as the shooter.

He said the information was in the City Court file prior to the grand jury hearing.

In June, Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

He is out of jail on $25,000 bail.

Press release:

On July 31st the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office.), Genesee County Sheriff’s Office and Genesee County Probation participated in the second neighborhood enforcement detail this summer. The purpose of these details was to systematically approach known problem areas within the City and target criminal activity.

In total 12 law enforcement personnel from four different agencies were partnered in focused enforcement details in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Dellinger Avenue, Holland Avenue, and the Ellicott Street Corridor. The following are results of this year’s second detail:

45 data runs
24 vehicle/traffic stops
14 Traffic tickets issued
4 Vehicles Searched
3 Penal Law Arrests

• Munroe, Isaiah J.A., age 24, Unlawful Possession of Marijuana, Court Date 08/12/14
• Witkop, Michael A, age 22, Unlawful Possession of Marijuana, Court Date 08/12/14
• Lattimer, Henry, L., age 33, Unlawful Possession of Marijuana, Court Date 08/19/14

12 probation checks
3 probation violations

Batavia Police Chief Shawn Heubusch said “The City Police will continue to make a concentrated effort in those areas that need the most enforcement. We are lucky to have the assistance of the other agencies in providing the support to these very productive details. Many major crimes have been solved by starting small; officers know that the simple traffic stop or street encounter has the possibility to turn into a major arrest. These details have a proven track record of producing tangible results and therefore we look forward to implementing them as the year progresses.”

Genesee County Chief Deputy of Investigations Jerome Brewster added “The NET details provide local law enforcement with the resources necessary to address 'quality of life' issues for our citizens. Through the shared efforts of the Batavia Police, Sheriff's Office, Probation and Parole, we can have an immediate impact on drug dealing, drug-related activity, probation and parole violations, as well as related unlawful behaviors in areas previously noted for this type of behavior. Input from our citizens is critical so that our resources can be directed to areas where the enjoyment of property and neighborhoods have been compromised by the actions of others.”

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.  

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Statement:

A joint statement issued by the Presidents of the Le Roy Fire Department, Inc., and the Le Roy Fireman's Benevolent Association

 "We are both shocked and saddened by the news of the alleged larceny by the Treasurer of the Department and the Association. Both the Department and the Association have been cooperating with the authorities including the Office of the New York State Comptroller and the Le Roy Police Department during this investigation. Our respective organizations would like to apologize to the residents of our fire community, and the Town and Village of Le Roy for any mistrust in our organizations these allegations may have caused. The Le Roy Firemen’s Benevolent Association and the Le Roy Fire Department, Inc., have already taken steps in our financial policies to keep this type of activity from happening in the future. Both our organizations are committed to providing the best emergency service to our community, and will strive to work hard to restore any loss of faith in our organizations.”

The Presidents want to remind the public that the Fire Department and the Association do not receive any real property tax money. The Association receives their money from the State Insurance Department’s 2-percent fund, while the Department’s budget is derived from fund-raising and donations.  

It took a Genesee County jury all of 95 minutes to conclude that Sean Vickers did in fact molest five boys in Batavia over the several years prior to 2013.

The guilty verdict on five counts concludes a three-day trial in County Court.

Vickers, 45, will be sentenced at 10:30 a.m., Aug. 28 29.

The defendant stood motionless in a pressed black suit as the jury foreman was asked to recite the verdict on each of the five counts against Vickers.

Sodomy in the first degree: Guilty.

Sodomy in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Sexual abuse in the first degree: Guilty.

Previous coverage:

• Former Batavia resident accused of sex offense against a child more than a decade ago
• Grand Jury indicts man for alleged sexual conduct with a child under 13
• Former Batavia resident accused of sexual conduct with a child appears in court
• Brothers suspected of having multiple sexual abuse victims over three-decade period
• Detective worries there may be more victims locally of alleged child molester
• Chance at bail revoked for man accused of sexually assaulting children in the city years ago
• Grand Jury indicts convicted child molester on 11 new counts
• Alleged child abuser picks trial over plea deal with a possible 40-year prison term
• Trial of convicted sex offender Sean Vickers begins today
• Molester had abundant opportunities to sexually abuse kids in this case, but so did many others
• Child gives explicit testimony in sex abuse trial of Sean Vickers
• Two experts testify about characteristics of child sexual abuse and its effects in Vickers trial
• Attorneys present their cases to the jury in sexual abuse case

Inconsistencies in witnesses testimonies, a lack of evidence, and a witness who had motivation to lie are all reasons to find Sean Vickers not guilty of sexually abusing five boys in Batavia, defense attorney Jerry Ader told jurors today in closing arguments of the three-day trial.

District Attorney Lawrence Friedman countered that Ader "nibbled around the edges" of the case and ignore inconvenient facts.

Jurors are being asked to decide whether Vickers is guilty of sodomy (the title of the law at the time of the alleged offenses) and criminal sexual act.

Vickers, a former Batavia resident, was living in Geneva at the time of his arrest. 

Ader, of the Public Defender's Office, told jurors that one witness told investigators at one time that he was eight years old when Vickers molested him; at trial, the same person said the acts occurred in 2011. 

Both statements couldn't be true, Ader said.

"You have people here who just don't remember what happened and when," Ader said. "That leads to whether these things happened at all."

Friedman said that while a person's childhood memories may be faulty about dates, they aren't faulty -- at least in this case -- about the searing memories of abuse.

None of the alleged victims at any point were inconsistent or recanted their testimony about specific acts of abuse, even if they couldn't place them at the right time in their lives.

"That's not something they forget," Friedman said. "That's not something they confuse with something else. That's something that sticks with them for the rest of their lives."

Ader said only one police officer testified at trial and provided only one fact relevant to the case.

"The people did not offer any evidence to support the alleged victim's testimony from an unbiased law enforcement investigation," Ader said. "You heard testimony from a forensic expert that interestingly can explain every inconsistency as being consist with child abuse. How convenient that every possible inconsistency can support sexual abuse."

There was an investigation, Friedman said. That's how some of the witnesses were located and their stories of past abuse -- or knowledge of abuse -- were brought to light.  

And the forensic expert didn't testify that inconsistencies were evidence. She explained, Friedman said, why children who have been abused sometimes lie, hide the truth, are fearful of coming forward and change their stories. 

"We're not at all suggesting that this is evidence of abuse," Friedman said. "This is not a diagnostic tool. We're not saying if you find those factors it proves abuse. The purpose of her testimony is for you to hear from an expert with her speciality explaining why these things happen and don't happen."

The alleged victims were consistent in the key facts: their abuse, Friedman said.

"With five victims in this case, there is no indication of them ever retracting the allegations of sexual abuse," Friedman said. "There's no indication of peer pressure. There's no indication of suggestions by others."

Ader was especially critical of one witness, now an adult serving a state prison term for sexual abuse, who claimed to have been abused by Vickers when he was 12.

The witness has been denied parole before and has another upcoming parole hearing. That's motivation to lie, Ader said.

"He's been in prison for years," Ader said. "He's had more than enough opportunity to make statements, to contact police, to say something about (Vickers) for years, without any threats or promises. (Vickers) can't get him in prison. He can send an anonymous letter. Nothing. But now he needs to get out of prison, so he makes the allegations against (Vickers). How convenient."

The fact is, Friedman said, the witness had shared his allegation of abuse at the hands of Vickers 10 years ago, just not in as much detail as now.

Also, it's not like the witness came forward. An investigator located him and questioned him. There's no evidence the prisoner asked for or received special treatment in exchange for his testimony.

The jury started deliberations after receiving instructions on the law and the counts against Vickers this afternoon.

CORRECTION: An earlier version of this story left out the word "not" in the following quote from DA Lawrence Friedman: ""This is not a diagnostic tool."

About 15 to 20 people are reportedly fighting, armed with baseball bats, at Lewis Place and State Street. City police are responding.

UPDATE 8:54 p.m.: Howard at the scene reports that there are six cop cars at the scene, including units from the Sheriff's Department. In addition, he said dozens of people "are milling about," some of whom are being interviewed by law enforcement. One witness told Howard that no baseball bats were involved.

At least 10 vehicles were broken into this evening on Bank Street Road at the Batavia Sports Park. The victims of these "smash-and-grab" crimes are missing purses, wallets, jewelry, credit cards and more.

Mostly, side windows were smashed, but one vehicle had a rear window smashed.

The crimes were reported by an off-duty deputy. State Troopers are on scene now.

Although soccer and kickball games were under way at the park, no witnesses have been found.

In addition to these crimes, it is reported that overnight on the city's Southside, at least four criminal mischief complaints resulted from vehicle break-ins.

For tips that may aid in the investigation, State Police can be reached at (585) 344-6200.

UPDATE 9:45 p.m.: Using mobile phone tracking technology, State Police were able to locate three bags of purses in a dumpster at a hotel in Clarence off the Thruway. No suspects found.

The people called two expert witnesses this afternoon in the Sean Vickers' trial to testify about child sexual abuse -- a pediatrician and a forensic interviewer.

Both established that the perpetrator who sexually abuses children is usually a relative or someone the victim knows well. A victim often doesn't report the abuse right away, sometimes never. Reasons for this include fear, guilt, threat of retribution, not wanting to be viewed as abnormal, et al. And obvious signs of sex abuse are overwhelmingly absent.

Dr. Jack Coyne, a pediatrician with an office in Batavia, helped establish the Child Advocacy Center here and in Erie County. He explained that these facilities provide a place for children to be examined and interviewed in a more comfortable environment than a hospital or police station.

"We help them know they are OK, their bodies are OK, Coyne said.

He testified that only 3 to 5 percent of all reported cases of child sexual abuse in the nation reveal definitive, physical proof that sex acts occurred. Examinations rarely detect lesions, for example. Unless there is pregnancy, the presence of a sexually transmitted disease, or obvious signs of rape, the objective aspects (physical facts) of these exams turn up nothing. It is in the subjective interviewing process that a sexual abuse diagnosis is most often determined, Coyne said, noting that half of all the sex abuse cases he's handled involve children under age 7.

He explained the seemingly illogical statistics by saying that, because the perpetrator is usually known, this person takes care not to be found out, to leave no evidence. Fondling was an example. Then he graphically detailed how sex acts can be performed without leaving physical clues and noted studies that show that orifices of the body are "very vascular" and can bleed lightly but then heal very quickly without scarring.

In the 2 to 3 percent of child sex abuse cases involving complete strangers, they don't care about injuries. Yet even then, Coyne said, the body heals swiftly and a couple weeks or months later, it's not unusual for physical evidence of a crime to be absent.

In April 2013, Coyne said he examined three children in this case (a 9-year-old boy and twin boys who are his cousins).

District Attorney Lawrence Friedman asked, if the objective part of the exam was normal, does that rule out sex abuse?

"Not at all," the doctor replied, adding that the key is whether the assessment is consistent with the history as described by the child.

Defense attorney Jerry Ader asked if it is correct that for each of the children's exams in this case, the objective findings provided no evidence of abuse.

Coyne said a doctor cannot divorce objective findings from the subjective ones.

In this case, Ader said, your findings don't prove sexual abuse occurred, to which the doctor concurred.

Under questioning by Friedman, the doctor reinterated the statistic that in only 3 to 5 percent of all cases of child sexual abuse is there objective -- factual -- physical proof.

Next on the witness stand was Katherine Colgan, who works at the Batavia CAC as a forensic interviewer of abused children. She has degrees in Education and Criminal Justice and said she has conducted thousands of victim interviews. She said she is a trained expert in the characteristics displayed by sexually abused children.

And they share several characteristics:

Secrecy -- They tend to keep their secret a long time because they are fearful of hurting their family and a person beloved by the family;

Fear -- There may have been a threat by the perpetrator to leave the family or perhaps the promise of safety for a sibling ("If you don't tell, I won't molest your little sister.");

Guilt -- For the acts that occurred; for the impact telling might have on the family;

Helplessness -- They are taught they must listen to whatever an adult tells them to do, obey;

Entrapment -- Because they feel helpless and that there is no way out;

Disassociation -- These are coping mechanisms they develop to exist in an abusive situation.

Adults, who might expect a child to come forward immediately and to be outraged, may be puzzled by the delay in reporting the abuse or that the disclosure was made in a mild, unconvincing manner.

She used the term "flat affect," a clinical term for a demeanor void of expression or emotion. Or, conversely, the child may giggle inappropriately, or "test the waters" of people's reactions by means of "incremental disclosure."

"Most abused children simply say 'I want the abuse to stop,' " Colgan said. "They aren't seeking revenge or punishment for the perpetrator. They just want it to stop."

Another response of these children is an attempt to rectract their accusations ("None of that happened. I made it up.") possibly because of external pressures or their concern about breaking the family apart.

"If they are not getting the support of the non-offending parent, they are more likely to recant or to not even reveal their secret in the first place," Colgan said.

Ader offered a simpler explanation. Could the reason for trying to recant the allegation or the delay in coming forward be that it simply was not true? That they were lying?

Yes, Colgan said, that could be the case.

As for incremental disclosure, Ader asked, could a reason for that be that the child is getting lots of attention, treats?

"It's possible," Colgan said.

How about peer pressure, Ader asked, could that be a factor?

Colgan said peer pressure works both ways, either to support telling the secret or to stifle it.

Friedman said earlier discussion had brought out that it's possible for the abused to still love the abuser and continue to spend time with that person. How is that?

Colgan said a published study in 1983 of this phenomena has now become commonly accepted as characteristic of sexually abused children.

The prosecution rested its case; the jury filed out, whereupon Ader made a motion to dismiss all the charges due to a dearth of evidence to sustain charges of a course of conduct of sexual abuse.

At that point, what at first portended to be a brief meeting on points of law and considerations for the jury, morphed into a confusing, arcane, back-and-forth exploration of the minutae of law, which at times resulted in oddly humorous moments and the scratching of heads.

Judge Robert C. Noonan ordered the lawyers to return to the courtroom at 9 in the morning to resume the discussion and the jurors are expected to return to their seats at 10 a.m.

The defense also rested its case.

Beforehand, the judge asked Vickers if he had agreed not to take the stand and testify on his own behalf. Vickers, standing, said softly, that yes he had agreed not to testify.

The first witness this morning in the sexual abuse trial of Sean Vickers, a former Batavia resident, offered testimony that was jarring and explicit.

The child testified that Vickers forced him to perform oral and anal sexual acts.

District Attorney Lawrence Friedman asked a series of questions about the acts, which the child answered in simple, direct language.

Friedman: "What did that feel like?"

The witness: "It didn't feel good. I cried."

That witness and a second child testified to alleged abuse in early Autumn, 2012.

Defense attorney Jerry Ader asked the first witness about family outings with Vickers.

"You had said that Sean (Vickers) bought things for you. Were these purchases just for you?"

"No."

"So when you went out with Sean, he paid for those outings?"

"He paid for outings, but I'm really not sure."

Next, Ader switched gears. Reminding the first witness that he had been asked these questions before, right here in Batavia, where the witness had responded that nothing ever happened; also asking the witness if he had said anything to anyone about Vickers, to which the witness responded, no.

"I said nothing happened because I was scared."

After Ader's questions to the witnesses, the DA asked if Vickers had said anything to them. "Do you like it?" "You can't tell anyone" and "You have to promise not to tell anyone" were the responses.

The third witness's memory was a bit shaky at times and Ader masterfully cast doubt as to the credibility of said witness.

"When you were here before in front of the Grand Jury you had said that Vickers told you not to say anything to anyone, yet today you are saying that he said nothing?"

"Yes."

"So, which one is the truth?"

"He didn't say anything."

Friedman countered Ader, asking the witness to think back at the time in 2012 and asked the witness again if Vickers said anything to him and again, the witness again said he (Vickers) did not say anything to him.

However, Friedman also asked the witness if he had said anything to anyone about what Vickers did to him.

"Yes. My Uncle and Dad."

"You didn't tell your Mom?"

"No."

The morning's final witness testified that Vickers had spent several weekends in their home as well as a relative's home where the boys had often gone to throughout the Summer, occasionally spending weekends there. The witness also verified that Vickers purchased items for the family, as well as, treated them to outings such as skiing, camping, the zoo, and the movies.

"Whatever the boys wanted, they got."

Friedman asked the witness if Vickers had ever took videos of the boys, whereas the witness affirmed. However, Ader countered that objections to the videos being taken were never voiced, to which the witness concurred. Ader also pointed out that the witness could not definitively say that Vickers was at the residence where the boys spent an occasional weekend, as the witness was not the only person who had dropped them off.

Before the jury entered the courtoom for the morning testimony, Ader objected to the use of two prosecution witnesses. The jury is already aware of the effects of child abuse, Ader argued. Friedman said the expert testimony is necessary for the jury to have a complete understanding of the effects of child abuse. Judge Robert C. Noonan overruled the objection.

The trial resumes at 2 p.m.

Benito A. Gay, 26, of Bank Street, Batavia, is charged with criminal impersonation, 2nd. Gay is accused of giving a false name to police in an attempt to hide his identity as an alleged parole absconder. Gay was jailed on a NYS Parole retainer.

Mckayla J. Kosiorek, 19, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. Kosiorek allegedly possessed marijuana paraphernalia containing marijuana residue.

Alex Scott Dumbleton, 21, of Liberty Street, Batavia, is charged with two counts of criminal contempt, 1st. The day after being served an order of protection barring contact with two people, Dumbleton allegedly went to the residence of the protected parties.

Brian Eric Daggar, 28, Woodmill Drive, Holley, is charged with petit larceny. Dagger was arrested on a Town of Batavia warrant by the Monroe County Sheriff's Office during an investigation into an incident at the Walmart in Brockport.

Amanda Marie Webb, 25, of Colby Road, Darien, is charged with petit larceny and criminal possession of a forged instrument, 3rd. Webb was stopped for an alleged traffic infraction on Colby Road, Darien, and was found to have a warrant out of City Court for an alleged crime reported March 31 at 10 at Jefferson Square, Batavia.

The following people were arrested by the Genesee County Sheriff’s Office during the Rockstar Energy Mayhem concert at Darien Lake Performing Arts Center on Tuesday.

Logan J. Lukowski, 18, of Buffalo Road, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

(name redacted), 18, of Southland Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old resident ,of Lexington Green, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Kyle J. Ramen, 19, of Kirkwood Drive, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old resident of Bridlewood Drive, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

MatthewJ Suszka, 20, of Capital Heights, Holland, is charged with criminal possession of marijuana, 5th, criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic Instrument after allegedly being found in possession of more than 25 grams of marijuana, hallucinogenic mushrooms and hypodermic needles.

Shaun H. McGhee, 29, of Route 11, Antwerp, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jeffrey T. Peyman, 30, of Ellicott Street Road, Batavia, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jemel Cannon, 37, of Crotona Park, North Bronx, is charged with disorderly conduct after allegedly causing a disturbance in the parking lot.

As families left a lunchtime soup kitchen at the Assembly of God Church on North Spruce Street this afternoon, an unknown person apparently fired BBs at them.

The thwack of a BB against the siding of a building got everybody's attention and then after another shot, a BB was seen on the ground.

One BB narrowly missed a child, the child's mother said.

Police were called and a canvass of the area failed to produce a suspect. The shots were believed fired from a neighboring apartment complex.

"I don't know the motivation," said Sgt. Dan Coffey. "I don't know why somebody would decide to shoot BBs in the direction of a church, let alone the people standing outside near it. I couldn't speculate on that at this point."

The building wall showed clear evidence of at least one BB's impact.

Valerie White and Daniel Orlando said their little was almost struck by one of the shots as she was sitting in her stroller. The couple and their two children, ages 3 and 5, were outside talking with another family and their kids when the incident occurred just before noon today.

"All the sudden we hear two ping, pings hitting the side of the building," White said. "We're looking around to see what's going on. It sounded like little stones hitting the building. Somebody noticed it was a BB coming toward us and we looked on the ground and there was a BB on the ground and there was a hole in the building. One just missed our daughter."

Orlando held up two fingers an inch apart and said, "it was probably this close."

Coffey said the weapon could either be CO2-powered or a pump-style BB gun. 

The suspects, if identified, are looking at possible reckless endangerment and criminal mischief charges.

Anyone with any information can contact the Batavia Police at 585-345-6350.

Original reporting for this story by Alecia Kaus/Video News Service.

Four new witnesses were called to the stand when testimony resumed this afternoon in the child sex abuse case of convicted child molester Sean Vickers.

Though their testimonies were mostly compelling, defense attorney Jerry Ader managed to point out gaps in recollections, dates and other specifics in an effort to cast a shadow of doubt in the jurors' minds.

Among those who took the stand was a 25-year-old prisoner brought in by officers from another county. He wore a white shirt, tan pants, ankle shackles, and looked dead ahead from the witness stand.

District Attorney Lawrence Friedman straightaway dispatched with the witness's criminal record. The man is serving time for criminal trespass and two counts of first-degree attempted sexual abuse of a minor. He pled guilty when he was 17 of unlawfully entering the home of an acquaintance and forcibly touching the genitals of two females, ages 7 and 11. He has served more than five years, out of a maximum of eight, and his third parole hearing is this fall.

Then Friedman asked about Vickers.

The alleged victim said he is one of five boys in his family, Vickers was an adult relative, and that from the time period of November 2001 to April 2002, Vickers had performed oral sex on him and vice-versa at least five or more times.

At that point, several of the jurors stared hard at Vickers. They were all paying attention.

On cross-examination, Ader honed in on the witness's credibility.

Ader contended that the witness has an ulterior motivation for coming forward now and telling about alleged oral sexual conduct with Vickers. The witness's time off for good behavior was voided due to problems during his incarceration. To convince authorities to give the credits back, and have that recommendation made at his third parole hearing in September, he's testifying today, Ader maintained.

In 2004, Ader noted, nothing was mentioned about oral sexual contact, nine years later it surfaces.

But upon questioning by Friedman, it was pointed out that the witness didn't reach out to police about Vickers, rather the police contacted the witness in order to re-interview him for this case about his contact with Vickers.

Next, Ader asked the witness if one someone had been removed from his mother's home. The witness said Child Protective Services had ordered Vickers to be removed from the home.

That's not the answer he was looking for, so he ignored the statement. He asked about one of his brothers. Was one of them was removed from the home?

"Yes."

"Were you ever told why?"

"No."

"Did you ever wonder why?"

"Yes."

Did (this brother) ever touch you inappropriately?"

"Yes."

The next witness was a 23-year-old brother of the first witness. Friedman questioned him about getting in trouble with the police. The young man told the jurors that in August of 2002 he got caught throwing rocks at the sand wash on Cedar Street and the cops took him to his house in Batavia. Only Vickers was there and they began arguing. Then the boy went in the basement to fold laundry. Vickers came down there and told him he was in big trouble. When the boy was standing against the washing machine, he said Vickers "touched my groin area...probably less than a minute. ... I ran upstairs. I was afraid."

From November 2001 to February 2004, Vickers sexually molested him on several occasions, the second witness said. Specifically, Vickers performed oral sex on him. The witness at this point appeared a bit uncomfortable, yawning nervously and wriggling about.

It was the dates of those instances that Ader parsed. How could he remember the dates? Are you saying you can remember this from 10 years ago?

The witness said he remembers the date of the time in the laundry room because it was the first real trouble he'd gotten into. The second time in which he recalled a specific date was because "it was Buffalo Bills day."

An exhibit was then entered into the court record -- an affidavit which he signed in May of 2013. It describes his run-in with police, arguing with Vickers about it, but nothing about sexual contact. It says he was 11, but he was actually 8 at the time. And the statement about an instance of abuse on Buffalo Bills day says he was 8, but he was actually 11.

"You really don't have a good memory about this do you?"

"No," the witness replied. "It's hard enough as it is."

Next the prisoner was recalled to the stand and simply asked if the alleged abuse occurred at the same address (the one his brother cited). "Yes."

The third witness for the prosecution testified that he knows one of the alleged victims, from another family, because his brother is married to the child's mother.

Last August, with Vickers behind the wheel, the third witness and his brother all went to the IMAX theater in Rochester to see a movie. The brother, having some knowlege of the alleged molestation, asked Vickers if he had been touching the child. The answer was yes. The brother said "stay away from our house." "Okay," the previously convicted molester replied.

This witness, too, has had legal problems. In 2009, at age 17, he entered guilty pleas to several misdemeanors, including stealing bicycles out of people's yards, shoplifting at Walmart, and more serious, providing alcohol to minors. He spent a year in jail and then was put on probation.

When Ader asked about the movie trip, he wanted to know if the radio was on, was it loud, since he had a cell phone with him -- why didn't he text and tell someone about Vickers' alleged admission of guilt?

The third witness said when he returned home that night, he did tell the child's mother.

The final witness was this child's mother -- a married woman who has two sons, ages 11 and 9.

She testified that from Spring 2012 to Spring 2013, Vickers often had contact with her family, as he was a relation by marriage. They went skiing, to movies, on picnics.

"He paid for things, like a Kindle Fire, rollerblades, bought Christmas gifts, birthday gifts, expensive things," she said. "At times he spent the night in our attic, it's finished, it's a bedroom. He slept on a pad on the floor."

The district attorney elicited that her sister has twin boys and they often spent nights at the witness's house as well, including about four or five overnight stays when Vickers was staying over.

The mother bit her lip repeatedly. Swallowed hard. Teared up.

She told the panel that today her youngest son has attention-deficit / hyperactivity disorder; he is emotionally disturbed; suffers from anxiety; and has also been diagnosed with "behavorial defiance disorder."

Then she talked more about Vickers.

"Sean would pay for us (she and her husband) to go do things and he said he'd pay for it and he'd babysit."

And how many times did this type of arrangement occur? Friedman asked.

"Fifty times or more," she replied.

Ader asked if her brother-in-law had told her about the conversation he had with Vickers in the car on the way to the movies. Yes, she said. Ader asked if her youngest son had told her he had been "touched." No, she said.

By this time, the impassive, pale-faced Vickers started taking notes on a legal pad. He is diminutive, balding and gray in back; he wore a black suit. He is slight of chin and completely unremarkable in mien.

The last witness further testified that she had not alerted the police after her brother-in-law relayed the car conversation because she had already done so "long before."

The defense attorney's next line of questioning brought forth testimony that many guests came and went at her household, including one who had been convicted of providing alcohol to minors.

There were plenty of guests.

"More than I'd like," she said.

The case resumes tomorrow morning.

(Batavia PD Det. Kevin Czora also testified, simply that he investigated the case; no details.)

Press release:

New York State Comptroller Thomas P. DiNapoli today announced the arrest of Dennis Snow, the treasurer of the Le Roy Fire Department in Genesee County. Snow was charged with two counts of grand larceny in the third degree (class D felony), 42 counts of forgery in the first degree (class C felony) and two counts of falsifying business records in the first degree (class E felony) for allegedly stealing nearly $50,000 in public funds.

“This individual blatantly abused his position and went on a spending spree with public money,” DiNapoli said. “It is alarming that my office continues to uncover instances such as this where local officials misuse their office for their personal benefit. I commend the village of Le Roy Police Department and District Attorney (Lawrence) Friedman for working closely with my staff to make sure this individual is held accountable for his actions.”

DiNapoli’s office found that Snow allegedly made unauthorized transfers, withdrawals and deposits from the department’s account, as well as from the firemen's benevolent association. Snow used the money to pay his personal bills and admitted that he forged the required co-signers signatures in order to complete his theft. The audit is expected to be finalized in the next month. Snow is due back in court on Aug. 13.

Police investigators are looking into separate incidents last week to try and determine if the crimes are related and identify suspects.

The first incident involved a robbery in the area of Tracy and Washington avenues in which three people robbed a pedestrian at about 11:20 p.m., July 19.

The second incident was two nights later and involved four individuals jumping a victim in the area of State Street and Willow Street.

While the robbery was previously reported, BPD has released suspect descriptions. 

The three youths are described as a black male, late teens, wearing a dark-colored hoodie; a light-skinned male in his late teens wearing a white tie-died muscle shirt; and, a person in the late teens with no other description provided.

One of the teens threatened the victim with the use of a weapon and told him to give him his money. The victim did not see a weapon displayed, but followed orders and handed over his money.

In the second incident, the victim was sitting on a porch talking with a friend when a person approached and asked to speak with him along the side of the house. 

As he moved to the side of the house, three other individuals surrounded him. 

The first person started a confrontation with the victim and the other three people jumped in.

A witness called police and when police arrived, the suspects ran.

One juvenile was detained and later released to a parent. 

The 20-year-old victim was treated at the scene by Mercy EMS and said he didn't require further treatment. 

Anyone having information should contact the Batavia Police at 345-6350 or confidentially via e-mail on the City of Batavia Web site link to the Batavia Police or Tip Line 345-6370.

Dennis C. Bump, 33, of Stannard Road, Alexander, is charged with grand larceny, 3rd. Bump is accused of stealing from his employer at various locations in Batavia. Bump was released under supervision of Genesee Justice.

Ann M. Capuano, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear. The underlying charges for her court appearance in this case were not released by police. She had been issued an appearance ticket on a previous matter. Capuano was released on $100 cash bail.

Desmond L. Majors, 21, of Walden Creek Drive, Batavia, is charged with two counts of harassment, 2nd, and disorderly conduct. Majors allegedly struck another person and yelled obscenities in a public place.

Kenisha A. Thomas, 16, of Dellinger Avenue, Batavia, is charged with assault, 3rd. Thomas is accused of assaulting another person while in Austin Park at 3:10 p.m., Sunday.

Daniel Robert Ruffner, 28, of Telephone Road, Pavilion, is charged with harassment, 2nd. Ruffner is accused of being the primary aggressor in a fight with another person.

Laurie J. Lerkins, 37, of Le Roy, is charged with driving while impaired by drugs and unlawful possession of marijuana. Lerkins was reportedly involved in a two-car accident on Route 98, Town of Java. Lerkins allegedly failed to maintain her lane and struck a vehicle driven by Rodney L. Gleason, 53, of North Chili. Upon subsequent investigation by state troopers, Lerkins was allegedly found to be under the influence of drugs. She was issued traffic tickets for failure to keep right, aggravated unlicensed operation, unlicensed operation and failure to notify DMV of a change of address.

Also, a Grand Jury indictment:

Cassandra R. Blake is indicted on one count of grand larceny, 4th. Blake is accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion on or about June 21 and 22.