crime

A 40-year-old man from Elba was found not guilty today on all three counts related to alleged sexual abuse involving children following a non-jury trial in Genesee County Superior Court.

The trial ended Jan. 7 and Judge Sara Farkas of Niagara County issued her ruling today.

Erik P. Roth was indicted in July of two counts of sexual abuse, 1st, sexual conduct against a child, 2nd, and two counts of endangering the welfare of a child.

WBTA's Geoff Redick, who also provided information for this story, followed the trial and reported Jan. 7 that the defense attorney was able to call into question the credibility of some of the testimony given at trial.

The charges stemmed from alleged incidents between November 2004 and March 2006.

Thomas J. Smith, 23, of 8048 E. Main Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a controlled substance, 7th. Smith was stopped at 2:12 a.m. Saturday on Lake Street, Le Roy, by Le Roy Police.

A 17-year-old of South Lake Road, Pembroke, is charged with unlawful possession of marijuana and possession/consumption of alcohol under age 21. The youth was allegedly found by Deputy Patrick Reeves to have concealed a quanity of marijuana and alcohol in a duffle bag during a traffic stop on Main Road, Pembroke.

Brandi Elizabeth Schmiedicker, 18, of Genesee Street, Darien, is charged with unlawful dealing with a child. Schmiedicker is accused of hosting an underage drinking party, which was reported through Tipline.

Paul M. Flis, 19, of Salisbury Lane, Blasdell, is charged with DWI and driving with a BAC of .08 or greater. Flis was allegedly found behind the wheel in a stopped vehicle on Genesee Street, Darien, at 4:19 a.m. Sunday, by Deputy Kevin McCarthy.

UPDATED 3:27 p.m.

Emergency personnel were dispatched Saturday night to an address on Gilbert Street in Le Roy for a report of a youth having a seizure.

Le Roy Ambulance and Le Roy PD arrived on scene and learned that the seizure victim had allegedly smoked "Hammer Head," advertised as "incense" and "not for human consumption."

While on scene, police took into custody Tyler F. Longhini, 20, of 12 Myrtle St., for alleged underage possession of alcohol with intent to consume.

Longhini reportedly agreed to a breath test and allegedly blew a .19 BAC.

Police report that Longhini admitted to consuming Black Velvet whiskey while in the parking lot of McDonald's in the hours prior to police being dispatched to Gilbert Street.

Longhini was issued an appearance ticket and turned over to his grandmother.

Officer Emily Clark said there were three people at the Gilbert Street residence who said they had smoked the "incense," but only one of them suffered a seizure.

She said one of the people on scene said that the "Hammer Head" was purchased at a retail store on the Tonawanda Indian Reservation.

The seizure victim was transported to the hospital by Le Roy Ambulance and the remaining "Hammer Head" product was sent with the patient for medical personnel information.

Clark said this is the first time she's responded to the scene of a medical problem allegedly related to consumption of puportedly synthetic marijuana; however, she has responded to the scene of medical situations involving so called "bath salts." She said she's heard that other members of her department have responded to similar cases.

The victim's name has not been released and we have no information on his or her condition.

Previously: Potentially dangerous synthetic drugs readily available in Genesee County

Dale A. Swiatowy Jr., 36, of 16 Wood St., Batavia, is charged with two counts of falsely reporting an incident, 3rd. Swiatowy allegedly claimed on Dec. 20 that a man attempted to rob him near Evans Street, cutting him with a knife. On Dec. 23, Swiatowy allegedly reported being stabbed while being robbed on Liberty Street. An investigation by Batavia PD and Investigator Chris Erion of the Sheriff's Office revealed that both reports were allegedly untrue and that the wounds were self-inflicted. (Dec. 20 report; Dec 23 report)

James Russell Hughes, 52, of Oatka Trail, Le Roy, is charged with assault, 3rd. Hughes is accused of head-butting a woman during a domestic incident Jan. 2. An order of protection was issued for the woman at Hughes's arraignment.

Donna L. Richardson, 59, of 43 Main St., Le Roy, is charged with DWI and driving on a suspended registration. Richardson was stopped Thursday evening in the Village of Le Roy by Le Roy Police.

Tony R. Smith is indicted on a count of grand larceny, 3rd. Smith is accused of stealing property valued at about $31,000 from a business on Gilbert Street in Le Roy, including boxes containing brass draw lead nuts, copper draw lead terminals and aluminum blocks, between May and July 2011.

Roy K. Way is indicted on counts of felony DWI and and felony driving with a BAC of .18 or greater. Way is accused of driving while drunk on South Pearl Street and Brooklyn Avenue in Batavia on Sept. 12.

Sara K. McCabe is indicted on a count of felony DWI, three counts of aggravated DWI (driving drunk with a child 15 or under in the car) and one count of operating a motor vehicle without a required interlock device. McCabe is accused of driving drunk with children in the car in the parking lot of McDonald's in Le Roy on Aug. 25.

David L. Andrews, 24, and Tyshawn T. Ferguson, 21, both of Holland Avenue, Batavia, along with Deylon A. Bovell, 20, of East Main Street, Batavia, are charged with trespass. Andrews, Ferguson and Bovell were allegedly found at College Village after being banned from the property.

Donald Eugene Cameron, 52, of York Road, Le Roy, is charged with harassment, 2nd. Cameron is accused of slapping another person in the head.

April Marie Ground, 22, of Meadville Road, Alabama, is charged with falsely reporting an incident, 3rd. Ground allegedly reported to Deputy Eric Seppala at 2 a.m. Nov. 30, that she was stabbed in the face about an hour earlier by a black female in the parking lot of a Batavia retailer. On Dec. 8, Ground allegedly admitted to Investigator William Ferrando that the stabbing did not occur.

Jason Andrew Barnhart, 24, of Pratt Road, Batavia, is charged with criminal possession of stolen property, 4th (value more than $1,000), burglary, 3rd, grand larceny (more than $1,000) and falsifying business documents. Barnhart was arrested following an investigation into a burglary and grand larceny reported at 3 p.m. Jan. 4 at a location on Veterans Memorial Drive, Batavia. Barnhart was jailed on $10,000 bail.

Kevin Bruce Martin, 28, of Route 98, Attica, is charged with petit larceny. Martin is accused of shoplifting from Kmart.

A Bergen resident already in jail and charged with multiple sex crimes against children is facing new allegations of sexual acts with children ages 11 and 14.

Stephen Irvine Stone, 45, of South Lake Road, Bergen, is now being charged with predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

The alleged victims are Genesee County residents, according to the Sheriff's Office.

Stone is accused of having oral sexual conduct with a person who turned 14 in March, when Stone was 44 years old.

During the summer, Stone, who was then either 44 or 45 years old, allegedly had oral sexual conduct with an 11-year-old.

At the end of December, Stone was arrested and jailed on $100,000 bail after being accused of sodomy, 1st, rape, 1st, and criminal sexual act, 1st.

Underlying those charges were accusations that Stone engaged in oral sexual conduct with a 6-year-old girl in 1997 and 1998, that he engaged in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004 and that Stone engaged in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008.

Stone remains in custody on $100,000 bail pending further legal proceedings.

A Batavia resident once shot under mysterious circumstances and later busted with what investigators at the time characterized as a significant amount of narcotics and cash, is facing up to six years in prison after pleading guilty to a drug possession charge.

Carlos A. Torres Jr., 36, of West Main Street Road, Batavia, was on his fourth plea cut-off appearance before Judge Robert C. Noonan on Monday when he entered a guilty plea to criminal possession of a controlled substance, 4th, a Class C felony.

Noonan sets plea cut-off dates, at which point the defendant must either accept a plea bargain, take the his case to trial, or plead guilty with no conditions in place.

When Torres appeared in Noonan's court Dec. 15, it was supposed to be in order to enter a plea or proceed to trial, but Torres, being represented by the public defender, asked for a new attorney.

At his next appearance, Torres was close to retaining an attorney, and by the following appearance last week, Torres had hired an attorney but the attorney had not yet had time to review the case file.

In court today, Torres was soft spoken and kept shaking his head regretfully as Noonan went over his rights to ensure that Torres knew what he was doing in entering a guilty plea.

Torres admitted to possessing cocaine with a weight of at least a half ounce.

He will be sentenced in April. At a minimum, Torres will receive two years in prison.

Kaufman Hughes

Two men from Lockport have been arrested and charged with 11 counts of burglary in the third degree.

The men are accused of entering eleven cabins at Darien Lake Theme Park sometime during the fall and stealing 11 HDTVs.

The park was closed for the season at the time.

Arrested and released on their own recognizance were Robert Wakefield Hughes, 26, of Cottage Road, Lockport, and Ryan James Kaufman, 23, of East High Street, Lockport.

Hughes and Kaufman were taken into custody by Investigator William Ferrando.

An Ellicott Street resident is facing at least two years in prison after pleading guilty to criminal mischief, 2nd, in Genesee County Court on Monday.

Paul C. Wapniewski, 55, was accused of burglarizing Delavan's Restaurant on Evans Street.

In the course of the crime, Wapniewski allegedly caused more than $2,500 damage to the property.

According to District Attorney Lawrence Friedman, Wapniewski cut himself on broken glass when entering the building and the blood evidence found there connected Wapniewski to the scene. Friedman said the DNA test demonstrates a mere one in 300 billion chance of the DNA being from the blood of a person other than Wapniewski.

Friedman discussed the evidence prior to Wapniewski's guilty plea because Wapniewski was entering what is known as an "Alford Plea." 

When a defendant enter's an "Alford Plea" he is not admitting to the crime, just pleading guilty to the charge with the knowledge that the evidence against him would likely lead to a jury finding him guilty, and if so, would likely lead to a harsher sentence.

As a second felony offender, prison time is mandatory for Wapniewski, and sentencing guidelines means Wapniewski is facing from two to four years in state prison.

A Stafford resident facing three felony counts of criminal contempt and a misdemeanor count of DWI faces a possible sentence of "shock probation" after pleading guilty Monday to two of the charges against him.

Eric Michael Duda, 50, who has been arrested a few times over the past two years, entered a guilty plea to one count of criminal contempt, 1st, and to DWI.

Duda will be sentenced in April and could receive some jail time followed by a period of probation.

Judge Robert C. Noonan also issued a new order of protection barring him from contact with Summer Ogden, the person Duda has previously had contact with in violation of an order of protection.

Ogden has reportedly also been ordered not to contact Duda and on two occasions when Duda was arrested for violation of the order of protection, Ogden was also arrested.

Duda is out of jail pending sentencing under supervision of Genesee Justice. He is required to be in his apartment from 6 p.m. to 6 a.m. under the terms of his release.

A 55-year-old resident of Alden -- accused of stealing a flintlock rifle from the Holland Land Office Museum more than a year ago -- had a hard time pleading guilty to possession of stolen property in the 5th degree today.

Between at first not admitting to elements of the crime and not understanding some of the things he was asked by Judge Robert C. Noonan, Frank J. Bieniek almost didn't complete the guilty plea.

Bieniek blamed both the commission of the crime and his inability to focus today on ammonia created by a liver problem.

On Dec. 10, 2010, a witness reported seeing Bieniek take a long gun from the wall of the museum, put it under a trench coat, walk out and drive away.

In court today, Bieniek said, "I didn't realize I took it. I drove around and I was thinking 'something bad happened here,' so I stopped and went and looked in my trunk and I saw the gun.

"When I was stopped, I was on my way back to return it," Bieniek added.

"I was so sick that day," Bieniek told Noonan earlier. "My body was full of ammonia."

When asked about the source of the ammonia, Bieniek said, "My liver."

Later, when questioned about whether he knew at some point that he possessed the gun, and that it was stolen, and that he possessed it with intent to deprive the rightful owner of the property, Bieniek asked Noonan to repeat the question.

"The doctors still say my head (mumble)," Bieniek said. "What was the question again?"

Eventually, with Noonan patiently going through each detail of the indictment and the elements Bieniek was required to admit to, Bieniek did plead guilty.

His plea is unconditional. Sentencing on the misdemeanor offense can range from community service to a year in jail.

Sentencing is scheduled for April 4.

Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

Opiates, whether in the form of prescription drugs or heroin, are an increasing problem in Genesee County, according to local law enforcement officials, and the desire of addicts to score is behind a lot of the property crime in the community, they say.

Sgt. Steve Mullen, of the Local Drug Enforcement Task Force, confirmed in a conversation this morning that while the misuse and abuse of prescription drugs has been a growing problem for a couple of years now, the use of heroin locally is something that is relatively new.

"In the last year, we've seen more heroin than ever," Mullen said. "We didn't see much heroin for years, but in the past year or 18 months we've seen a dramatic increase in heroin in the community."

Several property crime arrests recently seem tied to addicts trying to come up with the money to buy heroin, Mullen said.

"Whether it be an increase in burglaries out east, or all the car larcenies around Christmas, or petit larcenies, the majority of that is related to the abuse of drugs," Mullen said. "It allows them to continue to purchase their drug of choice."

And sometimes, the drug of choice is a substance that is legal with a prescription and potentially safe if taken as prescribed.

This includes hydrocodone and oxycontin, but Mullen said there has been an increase recently in abuse of Opana (oxymorphone).

While some addicts get hooked on these drugs because they're seeking a new high, prescription drugs have proven addictive for educated professionals who might first use them as they're legally intended (for reducing pain from a physical injury, for example).

People obtain the the drugs in a variety of ways, from stealing them (or trying to) from pharmacies, to taking them from a relative (either alive or recently diseased), or buying them from dealers.

There have also been medical professionals who write fraudulent prescriptions.

Some people figure out the system and go from doctor-to-doctor, county-by-county, getting multiple prescriptions written for bogus pain complaints.

"It's important for people to understand that just because pain pills are prescriptions, they're still opiate-based," Mullen said. "Just because it comes from a doctor doesn’t mean it doesn't carry the same addictive characteristics that heroin does and that it can't be abused or misused."

In the early morning Friday, a 2005 CASE excavator was stolen from Holland High Lift on East Road, Bethany, and the Sheriff's Office is looking for information to help recover the excavator and identify the suspects.

A person or persons were seen loading the excavator onto a dual axle trailer being pulled by an extended cab pickup truck at 1 a.m., Friday.

The CASE is described as yellow and black with an extendable digging arm/backhoe with an 18-inch bucket. It has a small dozer-style blade and rubber dozer-style treads. The model number is CSX36B.

Holland High Lift is offering a $2,500 reward for information leading to the arrest and conviction of the suspect(s) who stole the excavator.

People with information that may assist in the investigation can contact the Sheriff's Office at (585) 343-5000.

Marsceill Kubis Wims Hill Mayl Alllen

An investigation into dealing crack cocaine in Batavia has led to the arrest of six people, including two people who were arrested on similar charges in October.

Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force, said it didn't take long for Thomas L. "Blaze" Hill, 22, of Exchange Street, Rochester, and Jade Cierra Wims, 19, of Menlo Place, Rochester, to allegedly start dealing again once they were out of police custody (October's story).

"It's the pros and cons of living in a small community," Mullen said. "This is one of the pros, if you get busted once and start doing it again, it doesn't take long for the word to get out."

The six people -- four are accused of dealing crack -- were taken into custody Friday night and early Saturday morning after a search warrant was executed on a vehicle stopped on Manhattan Avenue and at an apartment at 174 Ross St., Upper.

The Ross Street residence appeared to be the base of operation for the alleged crack cocaine sales, Mullen said.

Task Force members stopped a car reportedly driven by Doris L. Mayls, 59, of Ross Street, and Mayls was allegedly found operating the vehicle while under the influence of drugs and driving on a suspended license.

A search of the vehicle allegedly turned up a quantity of crack cocaine and drug paraphernalia.

A passenger in the vehicle, Ricky A. Marsceill, 47, of Ross Street, was allegedly found in possession of crack cocaine and drug paraphernalia.

There was also a warrant for Marsceill's arrest out of the State of Florida for alleged violation of probation.

Task Force members with the assistance of Sheriff's deputies and Batavia PD entered the Ross Street residence and allegedly found Hill and Wims along with Marcus M. "Bling" Allen, 21, of Ferndale Crescent, Rochester, and Richard J. Kubis, 31, of Ross Street, Batavia, in possession of nearly an ounce of crack cocaine with an estimated street value of $1,500.

Investigators also allegedly found a quantity of marijuana.

Charges:

• Hill is charged with two counts of criminal possession of a controlled substance, 3rd, tampering with physical evidence, resisting arrest and unlawful possession of marijuana.
• Allen is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
• Wims is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
• Kubis is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.
• Mayls is charged with criminal nuisance, 1st, criminal possession of a controlled substance, 7th, aggravated unlicensed operation and criminally using drug paraphernalia, 2nd.
• Marsceill was arrested as an alleged fugitive from justice based on the Florida warrant.

All six were arraigned in Batavia City Court and jailed without bail.

Marsceill was arrested in Batavia twice in 2010, once for alleged DWI, and in December 2010, Marsceill allegedly tried to flee when Det. Pat Corona attempted to arrested him on a warrant out of Florida.

In September 2010, Kubis was charged with endangering the welfare of a child for allegedly giving cigarettes to minors.

The status of the previous cases, including those against Thomas and Wims, are not available at this time.

A man accused of violating probation in Taxes and captured in Batavia On Tuesday appeared in Genesee County Court Friday morning and waived his right to extradition proceedings.

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is allegedly wanted in Dallas County for a probation violation stemming from a conviction for assault with a deadly weapon. Strickland could have insisted the governor of Texas produce a warrant for his arrest and challenge any evidence of the charges' validity.

Tuesday, Batavia police officers responded to a report of a domestic incident at a residence on Dewey Avenue and, after identifying Strickland, discovered the warrant.