crime

Like most of us, Tom King works hard to make ends meet.

So an $1,800 loss following a hit-and-run accident in Oakfield is hard to take.

He's hoping readers of The Batavian will help solve the crime.

His wife's car was struck by a dark-colored pickup truck at about 11:30 p.m., July 6 on Sunrise Parkway. The truck, driven by a male driver, then fled the scene at a high rate of speed. The truck likely suffered front-end damage.

State Police are handling the investigation but have been unable to locate the truck or the driver.

King's wife and daughter were in the car and suffered minor injuries. King was standing on the front porch of his home, he said, and witnessed the accident.

The car is a total loss. The rear was smashed and the frame cracked.

"All I'm asking for is a little help," King said. "We work hard for the little that we have, but an $1,800 loss for the car is too much."

Anybody with information that may help solve the case can contact State Police at (585) 344-6200.

A man who suffered a serious head injury during an altercation at the Kid Rock concert at Darien Lake on July 6 is making medical progress, according to a Facebook page maintained by his family.

Jason McNeil, 43, of Tuscaloosa, Ala., has reportedly been sitting up and communicating with his family.

Here's an entry from Sunday:

Today was a good day. Jason was sitting up, waiting on our arrival. He looked himself and even gave me a kiss! I also got the "I love you" sign before we had to leave. He was exhausted by the end and we left him to rest. Praying for more good days to come.

The man who allegedly hit him, Craig Malcolm Lawson, 34, of Talbot Street, Courtland, Ontario, Canada, was originally scheduled for a court appearance this evening, but that appearance has been rescheduled to Sept 3.

The attorney handling the case for the prosecution, Robert Zickl, is out of the office today, so we don't know why the appearance was rescheduled, but it's also not unusual to change appearance dates at this stage of proceedings.

Lawson was initially charged with a misdemeanor, assault in the third degree, and while it's possible the charge could be upgraded to a felony of assault, 2nd, the prosecution would need to prove the suspect intended to cause serious physical injury to sustain the charge.

According to witness accounts, McNeil was hit once and fell backward, striking his head on the pavement.

He was initially in a coma but according to the Facebook page, he appears to be conscious and aware of the people around him over the past few days.

McNeil, originally from Alden, is reportedly well known in Tuscaloosa for his volunteer and charity work.

His family set up a donation page to help assist with his medical needs, which has so far received more than $44,000 with 11 days left to reach a goal of $50,000. Among the apparent donors was Kid Rock, who reportedly gave $5,000.

In their vigorous effort to keep their client out of state prison, the attorneys for Jacquetta B. Simmons have presented arguments to the Appellate Division, Fourth District of the NY Supreme Court that challenge both her sentence and her conviction.

SImmons is the young woman who hit Grace Suozzi, then a 70-year-old cashier at Walmart on Christmas Eve 2011, and was later convicted of felony assault based on the injuries sustained by Suozzi and her age relative to Simmons, who was 26 at the time.

A year later, following a jury trial in Genesee County Court, Simmons was sentenced by Judge Robert C. Noonan to five years in prison and three years probation.

The defense contends that the sentence is harsh and excessive, that the evidence presented at trial doesn't support the finding of the jury, and even if it did, the law used to convict Simmons is unconstitutional.

District Attorney Lawrence Friedman has a differing view of the facts and the law and filed an answering brief.

Friedman said the attorneys will likely make oral arguments before the appellate court sometime in September and a ruling isn't likely before the end of the year.

Meanwhile, Simmons, now a mother, is out of prison with her sentence stayed until a decision is rendered.

Here's a summary of the defense's appeal:

The sentence is harsh and excessive.
The defense contends that under the current justice system, a judge is charged with selecting a sentence that will be best suited for rehabilitation of each defendant.

The judge should consider: 1) the nature of the offense; 2) the community's condemnation of the defendant's conduct; 3) the necessity of protection of the community; 4) the deterrent effect on others; 5) the potential for rehabilitation; and, 6) the defendant's previous record.

The defense leans heavily on the lack of criminal history for Simmons and her record of as a productive member of society, who had a job, an education and a history of volunteering in her community.

The defense contends that what Simmons did Dec. 24, 2011 -- whether it was a punch (as the prosecution maintains), a hit (the defense version) or an accident (the defense's argument at trial) -- it was "out of character" for a young woman admired by those who really know her.

While the prosecution maintained at sentencing and in its answering brief that Simmons has shown no remorse, the defense -- attorneys Earl Key and Anne Nichols -- are adamant in briefs that Simmons truly regrets her actions that busy shopping day in Walmart.

They state that at trial, Simmons admitted that she had opportunities to tone down the conflict at Walmart, but proceeded in a manner that eventually led to a harmful result.

"I still hold no hate or bitterness for Grace," Simmons said at trial. "I wish I had stop(ped) my movements before I pulled away then maybe there would have been no harm to her. I would take back that moment a million times."

The defense notes that the Probation Department, in its pre-sentence report, recommended a community-based (no jail time) sentence for Simmons.

The defense also cites several convictions in New York where defendants convicted of more serious crimes were given no more than five years in prison, or were given harsh sentences that were later reduced by the appellate court.

The verdict went against the weight of the evidence.
The defense has a different version of events and sees the testimony differently than the prosecution.

Whereas the prosecution argued at trial that Simmons planted her foot, swung back her arm and took a round-house punch that knocked Suozzi across the floor and caused facial fractures, the defense argues there is a different narrative that the jury did not fully consider.

The defense says the evidence presented at trial shows that Simmons was attempting to leave the store when Suozzi stepped in front of her and another Walmart employee grabbed the arm of Simmons, causing Simmons to swing it forward, striking Suozzi unintentionally.

According to the defense brief, Suozzi and other witnesses either forgot key facts or changed their testimony from their original statements to police in a manner that exaggerated events (Dylan Phillips, for example, was the only witness who testified that Simmons used the C-word at trial and was 15-20 feet away from the altercation).

On the other hand, according to the defense, Simmon's has remained consistent in her statements from the time of her arrest through her testimony.

"She maintained from day one that someone grabbed her arm from behind as she was pulling away as Ms. Suozzi came out from her register to confront her when she was struck," the defense states in its brief.

The defense contends also that Suozzi overstated the nature of her injuries at trial. The brief says that medical records provided to the jury show that her doctor wrote the month after the incident that her fractures were healed and that doctors' notes state that she said she wasn't taking pain medication (at trial, she said she took prescription pain pills for two weeks before switching to Tylenol).

The defense concludes, "... even in viewing the evidence in a light most favorable to the People, that the verdict of guilt is against the weight of the evidence and should be overturned."

The statute is unconstitutional.
After the basic felony assault charge against Simmons was thrown out because Noonan ruled that the grand jury had not received sufficient evidence that Simmons intended to cause serious physical injury, the prosecution was left with only one felony count to try.

That count is a relatively new law that makes it a felony for a person much younger than a person over 65 to cause injury to an older person.

It's often referred to as an elder abuse law.

The dispute between the defense and the prosecution over the law hangs on an arcane legal term, "strict liability."

Think of getting a speeding ticket: If you are driving in Corfu, going 55 mph in a 35 mph zone, it's no defense that you didn't know the posted speed limit was 35. You were going 55 in a 35 mph zone. You're guilty. Period.

In the Simmons case, the prosecution -- and Noonan agreed -- that Simmons need not have knowledge of her victim's exact age to violate the law. That's strict liability.

The defense contends the Legislature, in passing the law, did not intend strict liability, that in order to violate the law, the defendant would need to have knowledge of the victim's age.

"The grammatical construction," the defense writes, "of the statute couples the culpable mental state with the requirement that the actor cause injury to 'such person' which literally reads as an intent element requiring the defendant to have intended to assault a person age 65 years or older, which thereby requires knowledge of the victim's age."

Also, the legislation was enacted, the brief states, to deal with predatory attacks on seniors.

"The case of Ms. Simmons and Ms. Suozzi is certainly not one of a predatory attack," the defense states.

That statute as written, the defense contends, denies a defendant due process under the Fifth and Fourteenth amendments.

The prosecution answers.
The brief from the District Attorney's office, written by ADAs Will Zickl and Melissa Cianfrini, argues that the defense is wrong on both the law and the facts.

Key to the prosecution's case is what Simmons knew and when she knew it, and that isn't a matter of Suozzi's age, but whether Simmons intended to strike her.

While the defense has portrayed the act of Simmons hitting Suozzi as an accident, the prosecution states that in testimony and evidence, Simmons clearly knew what she was doing and why she did it, and has never shown remorse for her actions.

When Simmons was interviewed by Trooper James Baines the night of Dec. 11, 2011, Simmons waived her Miranda rights. Simmons asked to review the surveillance footage from Walmart.

Baines testified that Simmons then said, "someone grabbed her. She doesn't remember what happened. She just punched."

According to Baines, Simmons knew Suozzi was taken to a hospital, but never asked about her well being.

At trial, under cross-examination, Simmons admitted she was angry when a Walmart cashier asked her for a receipt for a prior purchase.

In a series of questions by Friedman, Simmons was asked about punching Suozzi, with Friedman repeatedly using to the word punch, and Simmons never corrected his use of that word.

At the end of the series of questions:

Q. She was a foot away from you, right in front of you, when you punched her, isn't that what you just said?
A. Yes.

Simmons also testified overhearing a woman in the Walmart parking lot after she and her brother ran out of the store saying, "You can't hit a white woman like that." 

Under questioning from Friedman, Simmons said that contrary to the testimony of Baines, she did ask if Suozzi was hurt.

Q. You asked how she was before he showed you the video?"
A. Yes, I did.
Q. So, before you ever knew you hit her, you asked Trooper Baines how she was, right?
A. Yes.

When it comes to the conviction, the prosecution states, "the testimony of the People's witnesses was essentially harmonious and, together with the video evidence offered by the People, painted a clear picture of the case. The defendant was hostile and increasingly aggressive during the incident, and the vicious punch the defendant administered evinced her intent to cause physical injury to the victim."

As for the constitutional question, the prosecution contends that the trial court ruled correctly that the Legislature intended strict liability under the law and that state of mind about the age of the victim was not necessary to win conviction.

As for the sentence, the prosecution continues to maintain that Simmons has never expressed sincere remorse or any real concern for the injuries inflicted on Grace Suozzi, therefore, the five-year prison sentence should stand.

"Despite the fact that the defendant's behavior would have justified an even greater sentence, the court demonstrated lenity by imposing considerably less than the maximum amount of incarceration available to it."

In response to the prosecution's brief, Nichols filed a response with the court that argues strenuously that Simmons expressed remorse.

"At sentencing," Nichols writes, "Ms. Simmons stood up in an open court and stated, 'I just want to say how truly sorry I am about the incident that happened. I hate that Grace and her family had to endure all the things that they are going through right now."

That's remorse, Nichols said.

"Plantiff-Respondent and the sentencing court have simply chosen to not accept Ms. Simmons' statements of remorse, which is different than Ms. Simmons not showing remorse at all."

It will be up to a group of justices in Rochester to sort through these contradictory views, decide which facts hold the most weight and how the law should be properly applied.

Whatever their decision, the case won't necessarily be over, with an appeal to the state's top appeals court possible.

For previous coverage of the Simmons case, click here.

A second suspect has been arrested in the June 1 burglary of the Sherwin-Williams paint store on Liberty Street, Batavia.

Michael J. Elmore, 22, of 130 Bank St., Batavia, is charged with third-degree burglary. He is accused of participating in the break-in and entering the story during the burglary.

Earlier this month, a former employee, who worked at the store at the time, was accused of supplying a key to the theives to help them with the burglary.

Rebecca G. Morse, 21, of 130 Bank St., Batavia, is charged with burglary, 3rd. She allegedly received a portion of the proceeds from the burglary.

Elmore was jailed on $10,000 bail.

The investigation is continuing.

Kyle Jackson, 21, of Slusser Road, Batavia, is charged with grand larceny, 4th. Jackson allegedly drove an electric shopping cart across the Walmart parking lot, onto Route 63 and into the parking lot of Rite Aid at 4:30 a.m., June 12.

Douglas G. Goodwin Jr., of 130 Bank St., Batavia, is charged with offering a false instrument, 2nd, grand larceny, 4th, and criminal mischief, 3rd. Goodwin is accused of entering an apartment and stealing a hot water tank, gas and water lines and other items. Goodwin was jailed on $10,000 bail.

Foster M. Brandt, 22, of 20 Tracy Ave., Batavia, was arrested on warrants for obstruction of governmental administration and criminal mischief, 3rd. Brandt was jailed on $2,000 bail.

Christina A.M. Deluna, 33, of 122 State St., Batavia, is charged with harassment, 2nd. Deluna was arrested by Batavia PD following an investigation into a domestic incident reported at 6 p.m, Friday.

Angela S. Bianco, 42, of 137 State St., Batavia, is charged with petit larceny. Bianco was allegedly seen on security footage at Save-A-Lot taking a Red Osier billfold belonging to another customer.

Bryon Gilbert Keller, 18, of Sumner Road, Corfu, is charged with petit larceny. Keller is accused of stealing a laptop computer from a residence in Darien.

Frank Lyman Stanton, 32, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and no/inadequate exhaust system. Stanton was stopped at 12:32 a.m. Sunday on South Lake Road, Bergen, by Deputy Patrick Reeves.

Joshua Todd Fullmer, 20, of West Main Street Road, Batavia, is charged with criminal possession of a weapon, 4th, and unlawful growing of marijuana. At 5:48 p.m., Saturday, deputies responded to a report of a fight at 3124 W. Main Street Road, Batavia. Upon investigation, Fullmer was allegedly found in possession of brass knuckles and had several marijuana plants growing on his property.

Joshua Christopher Uptegrove, 27, of Meadville Road, Alabama, is charged with harassment, 2nd. Uptegrove allegedly pushed another person during an argument.

Anthony L. Holohan, 77, of Gilmore Road, Corfu, is charged with criminal mischief, 2nd. On July 11, an employee of the Log Cabin Restaurant arrived at work and found a hole in a picture window in the dining room. Later he found another window was damaged. After an investigation, Holohan was arrested and accused of damaging the windows at about 3 a.m., July 11. The estimated damage is $2,260. There's no known motive for the alleged crime. Holohan posted $5,000 bail and was released.

Ryan C. Riggi, 18, no permanent address, is charged with two counts of criminal possession of stolen property, 4th. Riggi is accused of twice possessing and using a credit card of another person, stealing more than $3,000. Riggi was jailed on $10,000 bail.

Danielle Marie Stevens, 36, of Ford Road, Elba, is charged with petit larceny and criminal possession of a controlled substance, 7th. Stevens is accused of stealing a bottle of hydrocodone pills from the purse of another person.

Matthew Charles Olcott, 34, of West Main Street Road, Batavia, was arrested on warrants out of the Town of Pembroke and Town of Batavia, for criminal possession of a controlled substance, 7th, violation of probation, attempted unauthorized use of a vehicle, 3rd, and aggravated unlicensed operation of a motor vehicle, 2nd. Olcott was arraigned in Town of Batavia Court on all charges and jailed on $500 bail on the Town of Pembroke charges.

Two suspects were taken into custody early this morning on assault and robbery charges stemming from an alleged incident on Columbia Avenue at 10 p.m. July 7.

Mark D. Callan, 26, of 189 S. Main St., and John P. Wittkopp, 29, of 24 Columbia Ave., both of Batavia, are each charged with third-degree assault with intent to cause physical injury and second-degree robbery, aided by another.

Callan was arraigned before Judge DelPlato in City Court, jailed without bail, and was scheduled to appear in court again at 11 this morning. No further information was provided about Wittkopp.

The investigation and arrests were made by officers Matt Lutey and Kirbis.

Matthew T. Milleville is indicted on counts of criminal possession of marijuana, 2nd, and criminal possession of a controlled substance, 7th. Milleville was allegedly found in possession of more than 16 ounces of marijuana and a quantity of LSD at a location on Main Road, Pembroke, on Dec. 12.

Brandin D. Scott is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Scott was allegedly driving drunk on Route 33 in Stafford on Feb. 22. He was allegedly convicted of DWI in 2003.

Nicholas J. Adkins, 22, of 111 Liberty St., Apt. A, Batavia, is charged with resisting arrest, reckless endangerment property, unlawful possession of marijuana and assault, 2nd, with intent to cause physical injury to an officer. Batavia PD reportedly attempted to assist in the arrest of Adkins on State Street at 6:25 p.m., Tuesday, on a NYS Parole warrant and Adkins allegedly fled on foot.

Carolyn Marie Peachay, 30, of Main Road, Stafford, was arrested on a City Drug Court warrant related to a prior DWI case. Peachay was jailed on $100,000 bail.

Jerome W. Brown, of 65, of Lockport, is charged with menacing, 2nd. Brown was arrested by State Police for an alleged incident reported at 10:56 a.m., July 3, in the Town of Pembroke. No further details were released.

(Name redacted upon request), 35, of Buffalo, is charged with DWI and driving with a BAC of .08 or higher. xxxx was stopped at 11:27 p.m. Tuesday on Colby Road, Darien, by State Police.

Sometime between 1 a.m. and 6 a.m., thieves made off with this custom Suzuki motorcycle valued at $16,000 from a garage at a residence on Pratt Road.

The perpetrators forced entry and pushed the bike to the road.

Two weeks ago, the bike was listed on Buffalo Craigslist.

Anybody with information about the theft or whereabouts of the bike can call Investigator Roger Stone at the Sheriff's Office, (585) 345-3000, ext. 3570.

Sandra Lynn Cortright, 54, of Gorton Road, Basom, is charged with driving a motor vehicle while impaired by drugs, criminal possession of a controlled substance and unlawful possession of marijuana. Cortright was arrested Monday following an investigation into a motor-vehicle accident at 6:34 a.m., May 13, on Gorton Road, Alabama. The accident was investigated by Deputy Joseph Corona.

Kenneth M. Gray Jr., 21, of 77 Myrtle St., Le Roy, was arrested by Batavia PD on a warrant out of City Court on an alleged harassment, 2nd, charge. He was jailed on $500 bail.

Trista Nichole Leann Winchell, 28, of Payne Avenue, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, following too closely and inadequate brakes. Winchell was allegedly driving in heavy post-concert traffic on Route 77 at 9:57 p.m., Tuesday, when her vehicle struck another car. The accident was investigated by Deputy Patrick Reeves.

Matthew Ray Helf, 23, of Woodstream Drive, Grand Island, is charged with criminal tampering, 3rd ,and harassment, 2nd. Helf allegedly grabbed his girlfriend and then threw her phone some distance while in the grass parking lot at Darien Lake Theme Park during a concert. The phone could not be located after the alleged incident.

Joseph Mattew Mullholland, 26, of Lincoln Avenue, Le Roy, is charged with criminal mischief, 3rd. Mullholland allegedly punched the rear corner panel of a car while at the Stafford Carnival at 1:30 a.m., June 15.

Danielle Marie Balbick, 32, of Covington Street, Perry, criminal possession of a controlled substance, 7th, controlled substance not in original container, criminal possession of a hypodermic instrument and unlawful possession of marijuana. Balbick was a passenger in a vehicle stopped for an alleged traffic violation at 5:11 p.m., Sunday, on Route 33, Batavia, by Deputy Kevin McCarthy. 

Jonathan Lee Olsen, 29, of Water Street, Perry, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, and obstructed view. Olsen's vehicle was stopped at 5:11 p.m., Sunday, on Route 33, Batavia, by Deputy Kevin McCarthy after dispatchers received a report of a vehicle being driven erratically.

Brandy Lynn Miller, 39, of Lewiston Road, Basom, is charged with aggravated harassment, 2nd. Miller is accused of making harassing and threatening calls to another person.

John Chester Miller, 41, of Lewiston Road, Alabama, is charged with aggravated harassment, 2nd. Miller allegedly sent harassing text messages to a person after being told to have no further contact with that person.

Nahum O. Marshall, 30, of Rochester, is charged with disorderly conduct (obstructing traffic). Marshall was arrested by State Police following an alleged incident at 11:30 p.m., Thursday, on Route 77 in the Town of Darien. No further details released.

Rachel P. Luker, 28, of Cement City, Mich., is charged with DWI and driving with a BAC of 08 or greater. Luker was stopped at 3:20 p.m., Monday, on Ledge Road, Alabama, by State Police.

Kaileigh M. White, 21, of Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to obey traffic device. White was stopped at 12:04 a.m., Monday, on Route 77, Darien, by State Police.

The following arrests were made during the Bon Jovi concert at Darien Lake Performing Arts Center on Tuesday.

Joan M. Schrier, 36, of Howard Avenue, Lockport, charged with harassment, 2nd, after she allegedly shoved another concert patron in the neck causing small abrasions to her neck. 

Zachary A. Webber, 20, of Route 39, Arcade, charged with unlawful possession of marijuana and issued a citation for possessing alcohol being under, 21 after allegedly being found in possession of alcohol and marijuana. 

The following people were issued citations for alleged possession/consumption of alcohol under age 21.

Ashton W. Laird, 20, of Cheeseman Hill Road, Delevan
Kyle W. Meerboth, 19, of Genesee Road, Sardinia
Paige N. Billingsley, 18, of Prospect Avenue, Salamanca

A 24-year-old Batavia resident has been arrested on suspicion of robbing the Dollar General Store on Nov. 27.

Curtis R. Bailey, of 318 Jackon St., lower, Batavia, is accused of entering the store at 412 E. Main St., Batavia, and presenting a demand note. He allegedly threatened a store employee and demanded cash.

The suspect did not display a weapon during the robbery and no weapon was recovered during the investigation.

The perpetrator got away with a small amount of cash.

Bailey is suspected of taking the money and fleeing from the store during the nighttime robbery. Batavia PD and State Police searched the area immediately after the robbery but a suspect was not located.

Bailey was taken into custody without incident following the months-long investigation by Batavia PD.

Previously:

• Dollar General store on East Main Street in Batavia just robbed
• Batavia PD seeks assistance in identifying Dollar General robbery suspect

A Warsaw man who was accused in May of slamming his son to the floor while shopping in Walmart has been arrested again, this time accused of driving while under the influence of drugs and alcohol.

Christopher Paul Cummings, 28, was stopped at 11:45 p.m., Monday, on Lewiston Road, Town of Batavia, by Deputy Joseph Corona for allegedly running a red light.

Corona arrested Cummings on a DWAI (combined influence of drugs and alcohol) charge following an interview after the traffic stop.

Cummings was also cited for failure to stop for steady red signal and driving while on a mobile phone.

In late May, Cummings was arrested after his picture was posted on The Batavian as a possible suspect in an incident at Walmart where a witness said a man slammed a boy on the floor of the store. Readers responded immediately with tips to his identity.

That case is still pending.

A disturbance is reported in Le Roy at 58 Myrtle St. where a female is outside allegedly "threatening to beat somebody up." Law enforcement is responding.

UPDATE 2:21 p.m.: The officer says "I'm out with the lady" -- speaking with her about the situation.

Former Village of Corfu justice Robert Alexander said after his appearance in County Court this afternoon that he would never, ever, do anything to hurt the people of his lifelong hometown.

Alexander would not discuss the specifics of the case against him -- he's charged with coercion and official misconduct -- but reiterated in a short statement to media gathered outside the courthouse that he's a born-again Christian and that he wouldn't break the law.

"I had the privileged of serving in the Village of Corfu for 24 years," Alexander said. "I grew up there. I love that village, and when I see people or hear people in social media or on television or anything like that say anything about a case, I say, let a case run its course, number one, but number two, the wonderful people of Corfu shouldn’t have to be put through all those kinds of things where it’s played out in the media versus where it’s played out in a court."

Asked whether he would take the case against him to trial, Alexander said that's something for him and his attorney to discuss and otherwise declined to comment.

The changes stem from what may have been an alleged attempt by Alexander to clear the name of his daughter, Brandi Watts.

Watts worked for Alexander as his court clerk from 2009 to 2011.

After Watts was named in a NYS comptroller's audit that allegedly found the court was missing more than $10,000 in funds, Alexander reportedly asked his new court clerk, Pam Yasses, to audit the court books. Yasses reportedly completed the audit and found the court was missing funds.

According to Yasses, who spoke about the situation at an Oct. 8 meeting of village trustees, Alexander did not accept the results of the new audit and Yasses complained that Alexander was trying to intimidate her and get her to quit her job.

The allegations against Alexander reportedly stem from that incident.

Alexander denied breaking the law.

"I won’t say anything about the case, except I will only say I love the people of Corfu and never do anytihng, as a born-again Christian, as a man serving them, I would never even think of breaking the law in any way, shape or form, no less doing it," Alexander said. "I would certainly would never, ever, ever want to bring anything that would hurt those people that I served for 24 years. We'll let it play out in court."

Alexander also told reporters, "I’m a Christian, I believe in Jesus Christ and I believe in the end I will be vindicated."

Neither Watts nor Alexander entered a plea today and both are scheduled to reappear at 2:15 p.m., Aug. 12, in County Court.

David Bruce Brusie, 40, of Fancher Road, Holley, is charged with assaul,t 2nd. Brusie, an inmate at the Genesee County Jail, is accused of punching another inmate and breaking his nose.

Rosemary R. Waters, 27, of 4035 W. Main Street Road, lowrr, Batavia, is charged with petit larceny and trespass. Waters is accused of stealing makeup, valued at $6, from Dollar General. Waters was allegedly previously barred from the store for a prior shoplifting complaint.

Matthew W. Clark, 31, of 10 Washington Ave., Batavia, was arrested on a warrant from City Court for a traffic citation -- parking on a city street, 2 to 6 a.m.

Daniel P. Callahan, 29, of 8 Old Meadow Lane, Batavia, is charged with DWI, driving with a BAC of .08 or higher and driving without stoplights. Callahan was stopped on Main Street at 12:01 a.m., July 9, by Officer Chad Richards.

Lizbel D. Cramer, 35, of 8 Lewis Place, Batavia, was arrested on a warrant out of City Court for traffic citations for alleged failure to obey stop sign and parking violations.

Bryon Gilbert Keller, 18, of Sumner Road, Corfu, is charged with unlawful dealing with a child. Keller is accused of allowing people under age 21 to consume alcohol while attending a party on his property.

Dariel Solivan Mendoza, 28, of Church Street, Bergen, is charged with harassment, 2nd, and unlawful possession of marijuana. Mendoza allegedly pushed a person to the ground during an argument.

Lance Joseph Seppe, 27, of Genesee Street, Corfu, is charged with criminal mischief, 4th, and disorderly conduct. Seppe is accused of breaking items and issuing verbal threats while at a residence in Corfu at 7:39 p.m., Tuesday.

The following people were arrested by the Sheriff's Office during the Toby Keith concert at Darien Lake Performing Arts Center on Sunday.

Jeremy M. Perez, 24, of Ayrault Drive, Amherst, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 3rd, after allegedly operating a pickup truck in the concert parking lot striking another car and leaving the scene. Perez allegedly had a revoked driver’s ID. Perez was jailed on $2,000 bail.

Joshua M. Perez, 21, of Ayrault Drive, Amherst, is charged with disorderly conduct after allegedly causing a disturbance in the concert parking lot. Perez was jailed on $150 bail.

Angel L. Castro, 24, of Plymouth Avenue, Buffalo, is charged with trespass after allegedly refusing to leave the concert parking lot after being told to leave several times.

Judy L. McLaughlin, 44, of Park Lane South, East Aurora, is charged with harassment, 2nd, after allegedly pushing and punching security while being ejected from the concert venue.

Michael P. McLaughlin, 47, of Park Lane South, East Aurora, is charged with disorderly conduct after allegedly causing a disturbance inside the concert venue.

Mark A. Ritchie, 29, of Warden Avenue, Niagara Falls, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Ritchie was jailed on $500 bail.

James M. Sturnick, 21, of North Main Street, Honeoye Falls, is charged with harassment, 2nd, after allegedly striking a security guard in the face.

Zachary M. Dodd, 19, of Park Edge Drive, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Erika L. Szymanski, 22,,of Elmwood Avenue, Depew, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

John A. Lally Jr., 19, of Thompsonwood Drive, Clarence Center, is charged with criminal trespass, 3rd, and possession of a fictitious license after allegedly jumping a fence into the concert venue after being ejected and told not to return. He also allegedly possessed a fictitious Maryland driver’s license.

Gina F. Picone, 20 of Marine Drive, Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Mitchell W. Smith, 20 of South Union Road, Rochester, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

William J. Peel, 22, of Sandridge Road, Alden, is charged with disorderly conduct after allegedly causing a disturbance in the concert venue.

(Name redacted upon request), 20, of William Street, Lancaster, is charged with unlawful possession of marijuana and possession of alcohol being under, 21 after allegedly being found in possession of marijuana and alcohol.

Rayelle S. Offhaus, 19, of Schwartz Road, Elma, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

The following people were issued citations for alleged possession of a fictitious license:

Karlee J. McCorry, 20, of Hawthorn Drive, Spencerport
Zachary J. Haun, 20, of Freedom Drive, West Seneca
Nicholas R. Bittner, 19, of Lilydale Street, Hamburg
Allison M. Stamp, 20, of P.O. Box, Montour Falls
Nicholas A. Gigante, 19, of Lein Road, West Seneca
Ashley M. Bishop, 20, of Wilman Drive, Lancaster
(name redacted upon request), 20, of Sheldon Road, Skaneateles
Brandon P. Frank, Sommerset Drive, Webster
Lisa M. McGuire, 19, of Everett Place, Tonawanda
Troy J. Crevier, 19, of Lake Road, Webster
Justin J. DiBernardo, 19, of Hidden Pines Trail, Webster
Alexander J. Woodard, 17, of Ransom Road, Lancaster

The Following were issued a citation for alleged possessing another person’s license:

Nicholas A. Tagliarino, 19, of October Lane, Amherst
Kelsea E. Flannery, 19, of Lewis Street, Endicott
Briana C. Estabrook, 19, of Curtain Road, Tully
Mitchell W. Smith, 20, of South Union Street, Rochester,
Edward J. Malo III, 20, of Piunnacle Road, Rochester
Matthew J. Graves, 19, of Telephone Road, Caledonia
Defrance C. C. Hotilling, 20, of Cross Over Road, Fairport
Spencer C. Byrne, 21, of Paddy Hill Drive, Rochester
Samantha A. Fischer, 18, of Roseview Avenue, Blasdell
Gina F. Picone, 20, of Marine Drive, Amherst

The following people were issued citations for alleged possession/consumption of alcohol under age 21.

Michael J. Carroll, 17, of Vanderbilt Avenue, North Tonawanda
Daniel J. Gundlach, 18, of Tachi Drive, Newfane
Philip J. Brogan, 20, of Harvard Street, Rochester
Kelsey A. Peck, 18, of Meadowbrook Drive, Elma
Brenna C. Donnegan, 19, of Genesee Street, Avon
Kyle C. Betron, 19, of Carmichael Lane, Geneseo
Parker A. Hatfield, 20, of Lincoln Road, Ontario, Canada
Nicole A. Adams, 20, of Swamp Road, Bergen
Casey J. Erhardt, 18, of Renee Court, Marilla
Matthew J. Graves, 19, of Telephone Road, Caledonia
Lucas R. Logsdon, 18, of Dunkley Road, Leicester
Gabrielle R. Sacco, 16, of Downey Drive, Oswego
Erica J. Handley, 18, of Small Road, Syracuse
Candace M. Timberlake, 20, of Robert Drive, Syracuse
Patrick J. Kinderman, 17, of Homestead Road, Hamburg
Molly R. Hennessy, 17, of Manor Lane, Hamburg
Anthony J. Altieri, 20, of Main Street, Alden
Timothy J. Lewalski, 20, of Townline Road, Lancaster
Dane M. Wetzler, 19, of West Main, Alden
Brett A. Scheuerlein, 18, of Richmond Avenue, Batavia
Cody D. Swimline, 17, of Trumbull Pkwy, Batavia
Mitchell G. Wilkinson, 20, of Willow Woods, Alden
Caitlin A. Protas, 18, of Rondelay Drive, Cheektowaga
Andrea N. Smith, 20, of French Road, Cheektowaga
Cody M. Slattery, 20, of Olean Road, South Wales
Amanda L. Furlani, 20, of Hillside Pkwy, Lancaster
Sean T. Holtham, 19, of Juniper Street, Lockport
Trystin M. Plummer, 17, of Jefferson Street, Wellsville
Colton C. Beardsley, 17 of Niles Hill Road, Wellsville
Veronica J. Ebert, 18, of Scott Avenue, Wellsville
Stone T. Skeeter, 16, of Lee Place, Wellsville
Lisa A. McGuire, 19, of Everett Place, Tonawanda
Paige A. Zosh, 18, of Emerson Street, Alden
Peter P. Guido, 17, of West Wood Road, Lancaster
Christine A. Harling, 17, of Emerson Street, Alden
Nicholas J. Dieter, 16, of Kellogg Street, Alden
John M. Henderson Jr., 17, of Laurelwood Drive, Rochester
Justin J. DiBernardo, 19, of Hidden Pines Trail, Rochester
Brandon P. Frank, 19, of Sommerset Drive, Webster
Troy J. Crevier, 19, of Lake Road, Webster
Brooke A. Bull, 19, of Townline Road, Delevan
Samantha K. Raiber, 19, of Grove Street, Delevan
Clarissa M. Jones, 18, of Pine Street, Yorkshire
Jennifer L. Cicero, 20, of Pinetree Drive, Lancaster
Jaclyn M. Corsaro, 20, of Lenmart Drive, North Tonawanda
Matthew D. Peters, 17, of Spring Court, North Tonawanda
Ashley N. Ward, 17, of Lakewood Drive, North Tonawanda
Kaitlyn N. Mazierski, 17, of Stevenson Court, North Tonawanda
Samantha R. Gioeli, 19, of Windsor Avenue, Amherst
Rebecca L. Shoemaker, 20, Woodstock Avenue, Tonawanda
Elliott J. Russillio, 20, of William Street, Lancaster
Jacob C. Bene, 17, of Lyrae Drive, Gettzville
Devon M. Migaj, 19, of Sullivan Drive, Elma
Joseph W. Pici, 20, of Bullis Road, Elma
Eric F. Grzywna, 18, of Nanaite Drive, Elma
Benjamin S. F. Balderman, 19, of Leicester Road, Kenmore
Sarah M. Bidwell, 19, of Delaware Road, Buffalo
Andrew M. Hirsch, 18, of Butler Drive, Lancaster
Holly C. Kowalski, 18, of Cornell Drive, Depew
Stephanie L. Deuschle, 18, of Croydon Drive, Depew
Jesse J. Mikowski, 18, of West Wood Road, Lancaster
Aaron D. Wawrowski, 18, of Clark Street, Lancaster
Matthew B. Czechowski, 18, of Bentley Circle, Lancaster
Kyle P. Gallo, 20, of Street, Lawrence Drive, Street, Catherines, Ontario, Canada
Raeanne K. Fensom, 20, of Warner Road, Street, Davids, Ontario, Canada
Chelsea M. Len, 18, of Caprice Drive, Cheektowaga
Jillian N. Bennett, 16, of Broadway Street, Alden
James W. Rodgers, 19, of East Lake Street, Skaneateles
Megan E. Burdzy, 18, of Clermont Court, Lancaster
Carly D. Nevez, 20, of Sand Mateo Edmund, Okla.
Sean P. Bihrle, 20, of Calm Lake Circle, Rochester
Sarah M. Mador, 19, of Grosvenor Road, Kenmore
Elizabeth M. Pellegrino, 18, of Willow Breeze Road, Kenmore
Jessica M. Reeb, 20, of Signal Drive, Lancaster
Alissa M. Dibello, 20, of Belmont Avenue, Lancaster
Andrea J. Moore, 19, of Walnut Street, Baldwinsville
Shelby A. McNeilly, 18, of State Street, Skaneateles
Elizabeth E. Strods, 18, of State Street, Skaneateles
Sharon H. Adams, 19, of East Lake Road, Skaneatles
(name redacted upon request), 20, of Sheldon Road, Skaneateles
Brandon R. Murray, 18, of State Street, Skaneateles
Katelynn C. Bellnier, 20, of East Genesee Street, Auburn
Jesse J. Saniflippo, 20, of Chinaberry Crescent, Rochester
Edward J. Malo III, 20, of Pinnacle Road, Rochester
Dylan V. Davis, 19, of Route 245, Naples
Veronica E. S. Arnott, 19, of Ott Road, Stevensville, Ontario, Canada
Rachel J. Gombos, 19, of Abbott Road, Buffalo
Sarah R. Castilone, 18, of Gould Avenue, Depew
Alexander J. Woodard, 17, of Ransom Road, Lancaster
Brandon M. Barron, 20, of School Street, Skaneateles
Dalton A. Lemieux, 19, of Murphy Road, Lockport
Matthew K. Boyle, 17, of State Street, Road, Batavia
Robert G. Vanthoff, 19, of Havenwood Lane, Grand Island

Four black males in a 1999 Plymouth van with Maryland plates were reportedly involved in an altercation in the parking lot of the Best Western Crown Inn & Suites on Park Road in Batavia. Soon thereafter, the same people in the same van were reportedly involved in another altercation outside the Kwik Fill at the corner of Jackson and Ellicott streets in the city.

The van and its occupants have left the scene and law enforcement is trying to locate them.

Marcianna Szczepanski, 21, of Abbot Road, Bufallo, and Yvonne A. Frye, 23, of Abbot Road, Buffalo, are charged with petit larceny. Szczepanski and Frye are accused of filling a shopping cart with merchandise and walking out the store without paying for any of the items. The total value of the merchandise is $898.21.

Isaiah James Munroe, 23, of School Road, Stafford, is charged with criminal obstruction of breathing or blood circulation, endangering the welfare of a child and harassment, 2nd. The charges stem from an alleged domestic incident.