crime

A caller to dispatch is concerned about she said appears to be an emaciated dog that is "hanging out the back window" of a residence on Hutchins Street. City police are responding.

UPDATE 6:29 p.m.: The officer said he was unable to make contact with anyone at the residence and that he'll have an animal control officer follow up tommorrow.

John Corey Wolcott, 27, of Day Road, Alexander, is charged with DWI, driving with a BAC of .08, refusal to take pre-screen breath test, failure to change address on license. Wolcott was stopped at 8:14 a.m., Tuesday, on West Main Street Road, Batavia, by Deputy Joseph Corona.

Shaina Denise Heeks, 22, Oak Street, Batavia, is charged with petit larceny. Heeks is accused of shoplifting at Walmart.

Victoria Ann Sumlin, 26, of Oak Street, Batavia, is charged with petit larceny. Sumlin is accused of shoplifting at Walmart. Sumlin was also arrested on a warrant out of City Court related to an unreasonable noise charge.

Brandon L. Doward, 28, of 12 Gray Birch Court, East Amherst, is charged with harassment, 2nd. Doward was arrested on a warrant out of City Court.

Michael F. Geer, 22, of 11 Willow St., Batavia, was arrested on a warrant out of Drug Court and jailed on $100,000 bail.

Robert D. Griffin Sr., 35, of 319 E. Main St., lower, Batavia, is charged with felony DWI and failure to take breath test. Griffin was arrested following a motor vehicle accident at 5:37 p.m., Wednesday, in the area of 38 Vine St., Batavia.

Law enforcement is looking for an alleged Walmart shoplifter, who is believed to live in the State Street area. He is described as white, possibly with a ponytail, wearing jeans and a yellow and blue Sabres cap and toting a camouflage camel backback. He was last seen riding a pink bike near the Hess Mart headed eastbound.

He allegedly stole jeans, some bike parts and a Sabres hat.

First, a correction. We reported Sept. 25 that a Stafford man found with an "assault rifle" was on probation at the time of his arrest.

He was not on probation.

Brett William Snyder, 50, of Batavia Stafford Townline Road, was charged with two counts of criminal possession of a weapon, third degree.

One count under Section 2, Subsection 7 for alleged possession of an "assault weapon," and one count under Section 2, Subsection 8 for alleged possession of a "a large capacity ammunition feeding device."

While this might sound like a violation of the NYS SAFE Act, it is not. Both laws banning the particular rifle and magazines allegedly found in Snyder's home have been on the books in New York since 1994.

Snyder was allegedly found in possession of a Windham Weaponry semi-automatic assault rifle Model WW15 with a pistol grip, bi-pod, scope and expandable stock.

He was also allegedly found in possession of three 30-round clips and two 20-round clips. One of the 30-round clips allegedly had 30 .22 rounds in it.

The weapon was reportedly discovered by a probation officer who was at Snyder's residence to do a routine check of a person on probation who resides at the same place.

The probation officer reported seeing an unlocked weapon's case with the rifle in plain view. He reported seeing a flash suppressor on the weapon and contacted the Sheriff's Office about a possible SAFE Act violation. 

The officer said he asked Snyder if he knew that it was a violation of the terms of probation for the other person living with him to possess a firearm and Snyder said he didn't think it was a problem because that person wasn't holding it. The probation officer said he informed Snyder the weapon needed to be locked away in order for it to not be a probation violation.

According to the probation officer's statement, Snyder was known to him because Snyder was at one time on probation because of a prior felony conviction.

The District Attorney's Office clarified for us today that both laws being used to prosecute Snyder were on the books prior to passage of the SAFE Act and this is not a SAFE Act case.

A 42-year-old Attica woman is being accused of stealing more than $21,000 from a company she worked for in Stafford.

Judy S. King, of Genesee Street, Attica, is charged with forgery, 2nd, grand larceny, 3rd, and grand larceny, 4th.

King was arrested following a lengthy investigation by Deputy John Duyssen and Investigator Timothy Weis into missing funds at RJN Electrical Services.

During the years of 2012 and 2013, King, working as an office manager, allegedly used her access to bank accounts to forge at least 88 checks.

She's also accused of stealing two credit cards from the company and making personal purchases.

Following arraignment in Town of Stafford Court, King was released under supervision of Wyoming County Probation.

Thomas Richard Ellis, 46, of Kings Lane, Rochester, is charged with DWI, failure to keep right, speed not reasonable and prudent, unapproved/no face shield on motorcycle and driving without corrective lenses. Ellis was charged following a motorcycle accident at 8:06 p.m., Friday, in the area of 4491 Old Ford Road, Elba. (initial report)

Ronald Jason Scroger, 33, of Swan Street, Batavia, is charged with two counts petit larceny and criminal mischief, 4th. On Friday, Scroger allegedly went to Walmart and removed merchandise from its packaging, damaging the item's package. He then allegedly left the store with $170.82 in stolen merchandise. He then allegedly returned with a stolen item and exchanged it for a gift card with a value of $34.97.

Kelly James Rhim, 35, of Eller Street, Batavia, is charged with unlawful possession of marijuana, driving with a BAC of .08 or greater and DWI. Rhim was stopped at 2:15 a.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Corona.

Jeffrey Scott Vandusen, 24, of Chapel Avenue, Cheektowaga, is charged with resisting arrest. Vandusen is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Kory James Towne, 23, of Phelps Road, Corfu, is charged with resisting arrest, speeding and failure to yield. Towne is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Samuel J. Singletary, 50, of Alphonse Street, Rochester, was arrested on warrants for alleged aggravated unlicensed operation and speeding. Singletary was arrested upon his arrest from the Monroe County Jail on unrelated matters and arraigned in Town of Elba Court. Bail was set at $500.

Kevin Albert Roberts, 22, of Perry Road, North Java, is charged with petit larceny and conspiracy, 6th. Roberts is accused of conspiring with another person to shoplift at Walmart.

Mathew Lee Klein, 19, of Dodgeson Road, Alexander, is charged with trespass. Klein was allegedly seen atop the roof of the bus garage at Alexander Central School at 1:48 a.m., Sept. 21.

Jerell J.T. Jones, 25, and Nathaniel R. Davis, 18, both of 20 N. Spruce St., Batavia, are each charged with two counts of petit larceny. Jones and Davis are accused of shoplifting from YNGodess on two separate occasions. Jones and Davis were jailed on $1,000 bail each.

The following individuals were cited for alleged possession/consumption of alcohol under age 21 following a Batavia PD investigation into a complaint of a loud party at 25 Trumbull Parkway at 12:23 a.m., Friday: Eric J. Soto, 19, Ian J. Legares, 18, Emmanuel Garcia, 20, Jessie C. D'Paula, 20, Stephanie E. Griffin, 20, Carlton RV Lampe, 18, Michael A. Archer, 19, Leofal Soto, 19, Jared R. Wansart, 19, Troy R. Pakusch, 19, Jah-Neel A. Warner, 17, Adam T. Pratt, 19, Lasania S. Hyatt, 19, Jared J. Midwick, 18, Carrie M. Curry, 19, Randy O. Mutt, 19, Andrea F. Parravano, 19, Shanique Y. Headley, 18, Ashley R. Makowski, 18.

Dennis A. Edson, 49, of 17 Porter Ave., Batavia, is charged with trespass. Edson is accused of entering a neighbor's property without permission.

Dajuandrick C. Gardner, 36, of 22 East Ave., Batavia, is charged with criminal possession of a controlled substance, 7th. Gardner was allegedly found in possession of a crack pipe.

Andrew DeMara Hewitt, 29, of North Street, Churchville, was arrested on a warrant related to a petit larceny charge. Hewitt allegedly did not appear on a petit larceny charged in Town of Byron Court. He was jailed on $150 bail.

Jeremy L. Jones, 20, of Hammonsport, is charged with unlawful possession of marijuana. Jones was arrested by State Police in the Town of Pavilion. No further details released.

About 30 people are, or were, reportedly fighting on State Street in the vicinity of Lewis Place. Police are on scene.

The victim of an assault on State Street yesterday afternoon was released from the hospital this morning and his alleged assailant was jailed last night without bail.

Woodrow Clarence Horseman, 37, address unknown, was charged with assault, 2nd.

The name and age of his alleged victim have not been released.

Det. Kevin Czora said Horseman and the alleged victim are acquaintances, and while there may have been a verbal exchange prior to the victim being hit, witnesses said they saw nothing they believed would have provoked an assault.

The alleged assault occurred on State Street at about 3:15.

The alleged victim was reportedly unconscious when transported by Mercy EMS to the Mercy Flight hangar for air transport to Strong.

Patricia Ann Herzog, 46, of Ross Street, Batavia, is charged with petit larceny.  Herzog is accused of stealing $465.11 in merchandise from Walmart.

Nicholas Joseph Mungillo, 19, of Union Square, Batavia, is charged with petit larceny. Mungillo is accused of stealing $137.93 in merchandise from Bed, Bath & Beyond.

David M. Kohmescher, 32, of McCall Road, Rochester, was arrested on a warrant related to an aggravated unlicensed operation charge. Kohmescher was stopped by Rochester PD for an alleged traffic violation and found to be a warrant suspect from the Town of Le Roy.  He was turned over ot the Sheriff's Office, arraigned in Town of Le Roy Court, and released.

A seriously injured man is outside in the area of State Street and Hutchins Place in the city. He is unconscious and was possibly involved in an altercation. Police are on scene and Mercy medics are proceeding there.

UPDATE 3:29 p.m.: A suspect is in custody. At this point, police do not believe a weapon was used. A witness said the unconscious man was punched by another man.

UPDATE 3:34 p.m.: An ambulance is transporting the patient to the airport hangar so he can be flown by Mercy Flight to a hospital.

UPDATE 3:54 p.m.: Mercy Flight is transporting to Strong Memorial Hospital.

Brett William Snyder, 50, of Batavia Stafford Townline Road, Stafford, is charged with two counts of third-degree criminal possession of a weapon (assault weapon and magazine). Following a check on Snyder's residence by the Probation Department, a probation officer contacted the Sheriff's Office for assistance in the investigation of an alleged illegal firearm at the residence. Snyder was allegedly found in possession of a assault-style weapon and a large capacity magazine. Snyder was arraigned, posted $250 bail and released.

Tyler Pasquale Schroeder, 21, of Lewiston Road, Batavia, was arrested on a warrant out of Rochester related to a criminal impersonation charge. Schroeder was turned over to RPD.

Stacey Dawn Mancuso, 43, of Seneca Street, Elma, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and drinking alcohol in a motor vehicle. Mancuso was stopped at 11:32 p.m., Sept. 17, by Deputy Kevin McCarthy, after dispatchers received a report of a vehicle on Route 33 in Pembroke that was unable to maintain its lane.

A 16-year-old of East Avenue, Attica, is charged with trespass. The youth is accused of being at a residence on Broadway Road, Alexander, after being told by the homeowner he wasn't allow on the property.

Ashley Marie Kreutz, 25, of Lewis Place, Batavia, is charged with petit larceny. Kreutz is accused of shoplifting at Kmart.

Teresa Marie Stephenson, 24, of Moore Road, West Henrietta, is charged with petit larceny. Stephenson is accused of shoplifting at Kmart.

Taylor Laren Schutt, 20, of Seminole Parkway, Cheektowaga, is charged with trespass. Schutt is accused of being on the roof of the bus garage at Alexander Central School.

A Batavia police officer is searching the area around Tops for two white males on bikes with backpacks who are suspected of shoplifting.

The suspects are believed to be in their 30s or 40s. One is on a pink bike, the other on a mountain bike. They headed east on Main Street.

The officer said the stolen items were recovered, they think, but "the camel backpack was full of something."

Amanda Rose, Renza, 25, of Brendel Street, Hamburg, is charged with bail jumping, 2nd. Renza is currently an inmate at the Erie County Jail. She was arrested on a Batavia City Court warrant and arraigned on the bail jumping charge and returned to Erie County without bail. She is also accused of failing to appear on charges of grand larceny, 4th, and conspiracy, 3rd.

Tyanna Desiree Green, 18, of Lewis Place, Batavia, was arrested on a bench warrant related to a petit larceny charge. Green was in City Court on an unrelated matter and arrested on the Town of Batavia warrant for alleged failure to abide by release under supervision terms and conditions. Green was jailed without bail.

Anthony M. Mannara, 22, of Batavia, is charged with petit larceny. Mannara is accused of shoplifting at Target. He was arrested by State Police.

Amanda Dryden, 29, of Alexander, is charged with grand larceny, 4th. Dryden was arrested by State Police in Elma following an investigation into unauthorized use of a credit card. Dryden is accused of using a credit card six times that belonged to a woman she was working for as a house cleaner. She allegedly took the card from the woman's purse. Investigators used surveillance video from stores where the card was allegedly used to identify Dryden as the subject. Dryden allegedly admitted to using the card when questioned.

A suspected copper thief forgot his wallet at Home Depot, according to State Police, and when he came back for it, employees identified him as a suspect in the theft.

His alleged accomplice was located in the parking lot.

Troopers and deputies then went on a search in Batavia and Oakfield last Saturday night to locate the vehicle with the allegedly stolen copper.

Eventually, the car was found and Roy Hooten, 52, and Robert Peachey, both of Oakfield, were charged with conspiracy, 5th.

In addition, Peachey was charged with grand larceny, 4th, and criminal possession of a controlled substance, 7th, and was jailed on $10,000 bail following arraignment in Town of Batavia Court.

Hooten is accused of causing a distraction in Home Depot so Peachey could carry the copper to a vehicle waiting outside.

After the two men left, Peachey apparently discovered he didn't have his wallet. The men reportedly parked the car and walked back to Home Depot. By then, troopers were on location and the men refused to cooperate and reveal the location of the vehicle, according to Trooper Victor Morales, public information officer for Troop A, Batavia Barracks.

Five years ago this month, Hooten was arrested for stealing scrap metal in Oakfield. We don't know the outcome of those cases. He was sentenced to two to four years in state prison on an attempted burglary charge and released from prison Nov. 2. In 2006, he was sentenced to one to four years on an attempted criminal possession of a weapon conviction. He was released on parole in August 2007.

Samantha Jane Roberts, 22, of Vine Street, Batavia, is charged with grand larceny. Roberts is accused of stealing $1,072 in cash from registers at Walmart while employed as a cashier.

Adante L. Davis, 23, of 32 Washington Ave., Batavia, is charged with disorderly conduct.  Davis allegedly made obscene gestures and used foul language directed at police officers while the officers were working in the area of West Main Street.

William C. Wurster, 52, 337 Bank Street, Apt. 70, Batavia, is charged with harassment 2nd. During a dispute with a neighbor, Wurster allegedly picked up a 2x4 and swung it around his head in a threatening manner.

Patrick Gilman Kimball, 30, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to dim headlights.  Kimball was stopped at 2:30 a.m., Friday, on Route 5, Pembroke, by Deputy Joseph Corona.

Andrew Charles Webster, 20, of North Street, Leicester, is charged with criminal possession of a controlled substance 7th. Webster was allegedly found in possession of Tramadol during a traffic stop at 11:47 p.m., Sunday, on Gillate Road, Alexander, by Investigator John Weis.

Curtis Paul Howden, 34, of Redman Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, drinking in a motor vehicle and failure to keep right. Howden was stopped at 12:35 a.m., Friday, on South Lake Road, Bergen, by Deputy Joseph Corona.

Kasey Ann Woodhouse, 24, of Liberty Street, Batavia, is charged with aggravated harassment 2nd. Woodhouse is accused of sending harassing messages to another person via Facebook after being told not to have contact with that person.

Robert L. Peachey, 30, of Oakfield, is charged with conspiracy 5th and grand larceny 4th, and Roy D. Hooten, 52, of Oakfield, is charged with conspiracy 5th. Peachey and Hooten were arrested by State Police for an alleged incident reported at 10:03 p.m., Saturday. No further details released.

A woman who previously testified in a burglary trial and who joined her spouse in the first same-sex marriage in Genesee County in 2011 was accused today of selling crack cocaine to an undercover agent.

Toni M. White, 32, of West Main Street Road, Batavia, was arrested on a sealed indictment alleging she sold a quantity of crack cocaine to an agent of the Local Drug Enforcement Task Force.

She is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd, both Class B felonies.

White was jailed on $5,000 bail.

In 2010, White testified in the burglary trial of Reginald M. Wilson discussing the day Wilson drove her around in what turned out to be a stolen vehicle.

In September, 2011, White appeared in court with the woman she married the day before, Katrina Drake, when Judge Robert C. Noonan threatened to send Drake to jail on a violation of probation charge.

In the past few years, White has been arrested on charges of disorderly conduct (twice), petit larceny and trespass.

UPDATE 6:40 p.m.: The bail review of Toni M. White was conducted on Sept. 20 and she was released under supervision of Genesee Justice, with a curfew requiring her to be at her residence from 7 p.m. until 7 a.m. every day.

A 26-year-old Rochester resident is being held on $50,000 bail after being accused of dealing crack cocaine in Batavia.

Davon Tamer Michael Bell, of Gillette Street, Rochester, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Bell allegedly sold crack cocaine to undercover agents working with the Local Drug Enforcement Task Force.

The investigation into Bell's alleged activities began nine months ago. He was taken into custody Sept. 10 by Rochester PD.

Bell was indicted in a sealed indictment by the Genesee County Grand Jury.

Tracy Lynn Damato, 47, of Horsehoe Lake Road, Batavia, is charged with petit larceny. Damato is accused of stealing $19.99 in merchandise from Kmart.

Jordon Elizabeth Prescott, 19, of Ellicott Street Road, Bethany, is charged with criminal trespass, 3rd, and criminal contempt, 2nd. Prescott is accused of being at College Village after being barred from the property. She is accused of violating an order of protection by coming into contact with the security guard that was on duty at College Village.

Travis S. Bartz, 37, of Alexander, is charged with a violation of probation and criminal contempt, 2nd. Bartz was allegedly located at a residence on Route 98, Town of Attica, Wyoming County, by State Police in violation of probation conditions and a current stay-away order of protection.

Kimberley A. Smith, 36, of Alexander, is charged with felony DWI, felony driving with a BAC of .08 or higher and failure to stop at stop sign. Smith was arrested at 6:27 p.m. Wednesday on Brookville Road, Alexander, by State Police. Following her arrest, she was released to a third party.

Lamar Iteef Randall, 28, of Spruce Avenue, Rochester, is charged with criminal possession of a controlled substance, 5th. Randall was arrested on a warrant out of Stafford Town Court upon his release from Monroe County Jail where he was being held on an unrelated charged. He was jailed on $5,000 bail.

A 28-year-old Batavia man is sitting in the Monroe County Jail awaiting further court proceedings on a pair of third degree robbery charges.

Frank L. Schiavi was originally arraigned in Monroe County Court on the two-count indictment against him July 3. He was picked up by U.S. Marshals last week with the assistance of Batavia PD and the Sheriff's Office for allegedly missing a court date.

He is now being held on $5,000 bail or $10,000 bond.

Schiavi is accused of twice robbing a First Niagara Bank location at 532 Chili Ave., Rochester, on Oct. 24 and again on Feb. 6.

Sgt. Elena Correia, public information officer for RPD, said Schiavi allegedly put a mask over his face just prior to entering the bank and once inside he robbed the bank.

In both cases, the suspect fled and RPD conducted an extensive search of the area and no arrest was made.

Although bank employees were able to see the suspect's face in both robberies and the public was alerted to the suspect information through media releases, RPD investigators were unable to develop any concrete leads.

That led investigators to believe the suspect was not from Monroe County.

On the same day as the second robbery, Batavia PD received a report from a concerned citizen about a suspicious person in the area.

Batavia PD and the FBI followed up on the information and obtained a photograph of the suspicious person.

The photo was used to help identify Schiavi as the robbery suspect.

There was apparently no public announcement of Schiavi's arrest at the time. The Batavian learned about the case from a Batavia resident who also claimed knowledge of related law enforcement activity.

The source said there was a subject arrested Monday at an address on Jackson Street. While neighbors said they saw members law enforcement at that address Monday and one neighbor said he saw a man in handcuffs, a check with the Sheriff's Office, Batavia PD and the FBI turned up no record of law enforcement activity at that address on that day. The U.S. Marshal's Office did not return our phone calls, but the U.S. Attorney's Office for WNY also found no records of federal law enforcement activity at that address.

The source also claimed federal law enforcement was looking for a subject who has left the state. While coworkers of a person this subject is believed to be traveling with said that people they believed to be federal agents came looking for the the peson, no agency contacted by The Batavian has any knowledge, they say, of who the person is, and they say he is not the subject of an investigation and they are not actively trying to find him.

It's unknown at this time how much money may have been taken from the banks. 

Two white males are reportedly fighting on Dellinger Avenue and another is yelling from a nearby porch. City police are on scene.