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Man who assaulted deputy facing up to seven years in prison

By Howard B. Owens

A Batavia man admitted today that he assaulted a Sheriff's deputy when the deputy arrested him on a failure-to-appear warrant.

The deputy was not seriously injured, by Ryan Lee Krupp, 24, who fled his Pringle Avenue residence and wasn't captured until the following day.

As part of his plea bargain, Krupp also admitted to escape in the second degree.

The two felonies make Krupp a second-time felony offender in New York. In 2005, he was convicted of burglary in the third degree.

He's facing three to seven years in state prison. Judge Robert Noonan will impose sentence after a pre-sentence review is completed by Genesee Justice.

In exchange for his plea on the two felonies, other charges against Krupp were satisfied, according to District Attorney Lawrence Friedman. Those charges include promotion of prison contraband, grand larceny (Friedman said a stolen credit card was found in Krupp's residence) and the charge behind the original failure to appear, possession of a forged instrument.

Previously:

Audio: Court statements by victims of M&T Bank robbery

By Howard B. Owens

In the hubbub of yesterday's storm, I never got around to posting links of the audio recorded by WBTA of the court proceedings Tuesday when Michael J. Wells received a 12.5 year sentence for his part in the mid-June M&T bank robbery in Elba.

WBTA received permission from Judge Robert Noonan to record the victim's statements, but the full audio was not available until late yesterday morning.

Interestingly, I just received a phone call from an M&T press relations representative expressing concern that the media had reported the victims' statements, "making them relive" the events, and released their names.  That's ironic because Theresa Claybourn used her statement to specifically criticize her former employer for the company's indifference to what she did that day and what she's been through as a result of that very traumatic event.

I've spoke with Theresa yesterday and know she WANTS people to hear what she had to say.   Both Claybourn and Patty Hackett specifically OK'd the recordings. If either one of them had objected, it's likely that Judge Noonan would not have authorized the recording.

Here are the links to the mp3 files.

Theresa Claybourn

Patty Hackett

Bail set at $75K each for five busted at suspected meth house

By Howard B. Owens
Kari L. Riggi Joshua A. Miller Christopher J. Elmore

The five Le Roy residents arrested this morning in connection with a suspected meth lab at 28 Clay St. have been charged and ordered held in Genesee County Jail on $75,000 bail each.

All five where charged criminal possession of a controlled substance in the second degree.

Sheriff Gary Maha announced this evening that 500 grams of methamphetamine were found at the residence.

Nathan D. Bernard Koree R. Stephenson

Previously:

Unnamed tipster leads investigators to suspected meth lab in Le Roy

By Howard B. Owens

About two months ago, local law enforcement received a tip from an unnamed informant that methamphetamine was being manufactured and sold out of a home in Le Roy.

This morning at 6:15 the officers from Le Roy, Genesee County, State Police and the DEA raided a home at 28 Clay St. and arrested five people.

"It took some time to develop probable cause for a search warrant," Sheriff Gary Maha said at a press conference this morning.

The five people arrested at the house have not been formerly charged yet. They will be arraigned later today in Le Roy Town Court.

Taken into custody were:

  • Kari L. Riggi, 21, of 28 Clay St.
  • Koree R. Stephenson, 22, 14 St. Marks St., Le Roy
  • Christopher J. Elmore, 31, 14 St. Marks St.
  • Nathan D. Bernard, 21, 28 Clay St.
  • Joshua A. Miller, 20, 51 Myrtle St.

Maha described the lab found in the house as a working meth lab and that it was larger than the one allegedly found in Alabama last month.

"That was a little bit of a surprise to us," Maha said. "We didn’t expect it to be as large, so that’s why it will take a little bit more time for clean up."

Agents will be on scene all day, he said, and a clean-up crew that specializes in this sort of hazardous material clean up for law enforcement will arrive from Pennsylvania this afternoon.

The alleged lab was located in the attic and, according to Maha, there was also a quantity of finished product in the house.

Le Roy Chief Chris Hayward said his department believes some of the meth was being distributed in Le Roy, but some of it may have been going into other communities as well. He said where it was being distributed is unclear at this time.

Hayward said this is the first known meth lab found in the Village.

"Over the last 18 or 24 months I've been on public record as saying we have a growing problem in this community and we've been taking steps to address it," Hayward said. "If nothing else, this demonstrates to the community that there is a problem here that we need to address."

Hayward said he believes three of the five individuals grew up in Le Roy and another has lived in the Village for a decade or so. Police have also responded to 28 Clay on calls unrelated to the suspected meth labe, Hayward said.

The Drug Enforcement Agency also participated in the investigation, but has not yet decided whether to file federal charges against the suspects. In the Alabama/Batavia case, the three individuals arrested were immediately arraigned on federal charges, which carry stiffer penalties. Maha said then that the DEA was brought in to send a clear message that meth manufacturing won't be tolerated in Genesee County.

Five arrested in Le Roy in connection with possible meth lab

By Howard B. Owens

Five people were taken into custody this morning in connection with a suspected meth lab at 28 Clay St., Le Roy, the Sheriff's Office announced this morning.

At 6:15 a.m., the Sheriff's Office, Le Roy Police Department and State Police executed a search warrant at the Clay Street address.

No further details have been released at this time. Sheriff Gary Maha and Chief Chris Hayward are holding a joint press conference at 11 a.m.

Two men arrested for alleged car break-ins in Batavia

By Howard B. Owens

Two men have been arrested in connection with a series of car break-ins yesterday morning in the area of Ross Street, Batavia.

One man was taken into custody after allegedly attempting to run from the scene and the other was apprehended later yesterday.

Arrested were James E. Murray, Jr., 21, of Bethany, and Frank J. Falcone, 24, of 132 Ross St., Batavia.

Both were charged with petit larceny.

Murray was turned over to the Wyoming Sheriff's office on a warrant for alleged violation of probation. Falcone was issued an appearance ticket.

Several items allegedly taken were recovered by police, but the owners have not been identified. Police are asking that anybody who had their car broken into overnight Dec. 8/9 to contact Det. Todd Crossett at 343-6353.

Lt. Steele, Sgt. Yaeger, Officers Casper, Bolles and Coffey assisted in the investigation.

Elba bank robber sentenced to 12 1/2 years in prison

By Howard B. Owens

He was the last caught, the last to admit guilt, but Michael J. Wells will be first of three Elba bank robbers to go to state prison.

And he's going away for a long time.

Judge Robert Noonan did not impose the maximum sentence available to him under terms of a plea agreement, which was 15 years. But he told Wells this afternoon that under state law, he was required to impose a lengthy sentence and that he had no qualms about doing so.

The sentenced imposed on the 24-year-old was 12.5 years, followed by five years of supervised release. Under determinant sentencing rules, Wells is looking about 10 years in prison. He could serve another five if he got into any trouble after release.

Wells has no prior criminal convictions or offenses that might indicate he would try to rob a bank and, by all accounts, no history of drug use or alcohol abuse. According to his attorney Thomas Burns, Wells comes from a good family.

Even so, Noonan said he didn't understand what led Wells to participate in a viciously violent crime.

"When this case first came before me, I thought, though I didn't say it to court personnel, 'When this case plays out, I'm going to understand what this is all about,' and here we are six months later and this still all puzzles me. ...

"This is like somebody plucked a person from out of nowhere and said, 'why don't you commit some terribly violent crime?' And you, even being an intelligent human being, said, 'Sure, I'll go along with that.' This is just totally perplexing, and as I close your file, I'm just as puzzled by that today as I was on the first day."

And it was a violent crime.

Two of the women who were working in the M&T Bank branch in Elba on June 19 spoke before Noonan sentenced Wells. Both described an event of sheer terror that has left them traumatized -- both are undergoing treatment for PTSD -- and they said, scarred for life.

Patty Hackett, a 19-year employee of M&T Bank who has shown up for every court appearance for all three defendants, spoke first. She began by explaining how she and her husband worked hard to raise two children and send them to collage. When the children were babies, her husband worked three jobs -- including pumping gas at night and working on a farm on weekends -- to help make ends meet. When it came time to pay for college for their children, he again took on a second job.

"Not once did it ever cross his mind or our minds to rob a bank because we needed cash," Hackett said.

She then described in some detail the events inside the bank during the robbery. She was on a conference call when Wells, Dennis Abrams and Demone Dillon entered the bank yelling and waving guns.

"They came running through the doors Rambo-style," Hackett said.

She was going to try and grab the other teller that morning -- Alicia Nichols -- and try to make it to the bathroom where they could lock themselves in, but before she even got out of her chair, Abrams grabbed her, she said, and threw her to the ground.

"He was holding a gun at me," Hackett said. "I was terrified. I was sick. I was thinking, 'God, we’re going to be robbed and I’m going to die.'"

Later she added, "I thought, 'This is it. We're going to die. Please help me dear God,' I remember saying. I remember seeing a picture in my mind of my beautiful daughter and my beautiful son and my husband who is the love of my life."

Theresa Claybourn who was the branch manager that day, also described a scene of terror in which she thought for sure she was going to die.

"I believe that second man was intending to keep me at bay and I thought at any second he was going to come over and see my phone off the hook and think I called the cops and then shoot me dead," Claybourn said.

When it came his turn to speak, Wells, who has largely remained stone-faced every time he appears in court, didn't say much, but he did express regret for his actions.

"I made a terrible, horrible decision that day and I wish I could change it," Wells said. "I know that I can’t. If anything comes out of this, I hope that others will learn from my poor, bad example."

Both Abrams and Dillon will be sentenced at a later date.

WBTA's Dan Fischer was given permission to tape record the hearing and will have audio available online and on air later today and tomorrow. He may air the entire hearing tomorrow morning. We'll update this story with the time when that information becomes available. We'll also link to any audio he posts once they are available.

UPDATE: Audio from WBTA, Patty Hackett describes how the crime has changed her life (mp3).

Police Beat: Downtown Batavia merchant tackles alleged shoplifter

By Howard B. Owens

An in-store video helped a downtown liquor store owner discover that one of his customers had apparently stuck a bottle of vodka in his pocket and walked out the front door last week, so he was keeping an eye out for the suspect's return.

On Monday, a man fitting the description of the suspect David Buchholtz saw on video came into the store again, made a bee-line for the vodka shelf. Apparently thinking he was unobserved, the guy allegedly stuck another bottle in his jacket and walked out -- this time, not even making the pretense to stop and pay for the booze.

Buchholtz waited for the man to leave the store -- not wanting a scene in the store where he might get in a tussle and damage inventory -- and then grabbed him from behind. He got the suspect in a head lock and held him until police arrived, which didn't take long.

Arrested and charged with petit larceny was Steven A. Lewis II, 29, of 541 E. Main St., Batavia.

A second charge of petit larceny is pending further investigation into the original alleged theft.

In other Police Beat news:

Dennis Edson, age unknown, of Porter Avenue, Batavia, was charged with disorderly conduct this morning. Edson allegedly flipped off a police officer while he and others observed the accident activity on Ellicott Street this morning from in front of the Court House.  Lt. Eugene Jankwoski described Edson as somebody known to police for allegedly making the same gesture toward cops in the past, but has generally been ignored. This morning, Edson allegedly did it in front of a crowd of people. Edson then allegedly resisted arrest. Jankowski also said that Edson "got mouthy" with City Court Judge Robert Balbick. Balbick ordered Edson held on $1,000 bail.

Johnson O. Quanton, 19, of 36 Merrimac St., Rochester, is charged with petit larceny. Quanton allegedly tried to exit the campus bookstore at Genesee Community College with books that had not been purchased.

Fatal DWI suspect back in jail after allegedly riding motor bike without a license

By Howard B. Owens

Ronald J. Wendt, accused of driving drunk in Darien and getting into an accident that claimed the life of a Dansville girl, is back in jail.

Wendt had been released on $50,000 bail pending his trial, but on the condition he not drive (his license was revoked).

On Nov. 18, Wendt was stopped by a State Trooper in the Town of Batavia while riding a reportedly unregistered and uninsured dirt motor bike.

District Attorney Lawrence Friedman said Wendt readily admitted to the Trooper who he was and volunteered information about his case.  The Trooper arrested him and brought him before a Town of Batavia justice, who set his bail at $500, which Wendt immediately paid.

Friedman brought the arrest to the attention of Judge Robert Noonan, who ordered Wendt to appear in County Court.  Noonan adjusted Wendt's bail to $250,000.

Alcohol was not a factor in the latest arrest, Friedman said. 

He couldn't confirm whether Wendt was trying to get to work at the time of his arrest.

Wendt has not yet raised that bail amount.

Previously:

Suspect in inspection sticker theft left tracks, but remains at large

By Howard B. Owens

Somebody broke into the Oil Doctor location at 4003 West Main Street Road, Batavia, overnight and stole inspection stickers and business records.

This morning, Sheriff's deputies attempted to track the suspect through tracks in snow, but that apparently only led them to a location down the road where the suspect apparently got in a car and drove away.

According to Deputy William Ferrando, the burglar gained entry to a west side door by breaking some glass.

No suspect has been arrested yet.

Even after seventh DWI, Batavia man given chance at reduced prison term

By Howard B. Owens

Despite six previous DWI convictions, one of which led to a stint in state prison, Robert Lamkin of Batavia isn't going to be locked up just yet for his 7th DWI conviction.

Judge Robert Noonan granted Lamkin one year interim probation. If Lamkin makes it through probation successfully, his possible prison term will be reduced to one to three years.

Either way, Lamkin is looking at another prison term. The only question is when it starts and for how long.

Noonan warned that any slip up of any kind will land him in a lot of hot water.

"It will not take much of trip and fall to put you in for a major prison term," Noonan said. "When, and if, you're getting to the point of reaching for a bottle or reaching for car keys you need to stop and think whether it’s important enough for you to take that drink or take that drive that you want to be separated from your family for a long, long time."

Noonan granted the interim probation over the objection of Genesee Justice and after reading a less than stellar probation history.

"On this history it's hard to see how to justify anything but state prison," Noonan said. "By your own statements, you've just kind of blown off the conditions of probation in the past. At least until June of this year, you've paid very little heed to the restrictions placed on you. ... I have an obligation to the citizens of the world to make them safe from people like you. I'm only saying that to tell you the corner you've backed yourself into."

Lamkin's most recent arrest came in June in Pavilion.

While on probation, Lamkin will be required to take an Ethyl glucuronide (EtG) test regularly. It detects alcohol in the system for up to 80 hours, yielding results even when a breath test reads zero. It's sometimes used with airline pilots to ensure they're not even hung over when they fly.

Lamkin is represented by attorney Michael M. Mohun.

Pavilion bank robber sentenced to two to six years in prison

By Howard B. Owens

Nick A. Hawkins, described by his attorney as a troubled young man, who admitted to robbing the Five Star Bank branch in Pavilion on Oct. 13, is going to state prison.

Judge Robert Noonan imposed a sentence of two to six years this morning, though he could not order Hawkins repay the $443 dollars he received from a teller after handing her a note because Five Star Bank did not request restitution.

Hawkins, dressed in orange jail garb, was a little tearful when he expressed regret for his crimes.

"I'd like to apologize for all the trouble I’ve caused every one," Hawkins said, pausing to wipe a tear from his face. "I know that doesn’t change it, but I d’ like a chance to make it right. That’s all."

Noonan also sentenced Hawkins on his burglary conviction, stemming from a crime he committed at Frost Ridge Campground in 2001. That  one-and-a third- to four-year sentence will be served concurrently with his robbery sentence.

Hawkins had a plea agreement that would have allowed the burglary conviction to be treated as a youthful offender case. But since the plea, the court discovered he had a previous youthful offender adjudication for a felony conviction in another county. That made him ineligible for youthful-offender status this time. Hawkins could have withdrawn his guilty plea, but did not.

Public Defender Gary Horton asked Judge Noonan for some leniency, describing Hawkins as a "tortured individual" who has struggled with a number of issues in his life.

"He realizes the seriousness of the offenses," Horton said. "He realizes the seriousness as much as anybody in this courtroom and I know he’s remorseful for any pain he has caused others. I don’t think this is an individual who should be given up on or thrown away at this time. I fear the kind of individual he will be several years from now when returned to our community."

Noonan said he felt compelled to send Hawkins to prison.

"Reading about family, your mental health, your drug addiction, the loss of your brother, these are all troubling things," Noonan said. "It’s a very sad story, no question about that. But as you stand here before me, I have to balance the trouble you've gone through with the needs of society. You need to be in prison. You’ve demonstrated you cannot abide by laws in a free society and you cannot control yourself and you committed crimes that are very troublesome."

Previously: 

 

Police Beat: Man accused of threatening estranged wife

By Howard B. Owens

Reginald Jason Donahue, 34, of 6483 Townline Road, Byron, is charged with criminal contempt in the first degree and menacing in the third degree. Donahue is accused of entering the residence of his estranged wife, violating an order of protection. During a reported argument with her, he allegedly made a fist and threatened her.

Juan A. Ramos, 19, of Batavia, was arrested by State Police at 8170 Batavia-Stafford Townline Road, Batavia. Ramos is charged with trespass.

Guns in unlocked cars among items stolen in overnight car break-ins in Elba and Byron

By Howard B. Owens

There was a rash of car break-ins over night in Elba and Byron and items stolen include long rifles, according to Deputy Brian Thompson.

Thompson is asking that anybody who saw or heard anything suspicious between the hours of 10:30 p.m. and 6:30 a.m. to call the Sheriff's Office at 585-345-3000.

He said any residents who find that their cars were entered over night, no matter what was taken, should call.

"People will say, 'oh, it's just some spare change,' but we need to map where these break-ins took place," Thompson said.

The pattern of break-ins include Barre in Orleans County, Thompson said. He estimates the total number of cars reported so far at about 20.

All of them were left unlocked, including the cars that contained the guns.

"People are just not getting the message," Thompson said. "Every house we go to people say they didn't know we've been having car break-ins for the last year and a half. I just don't get it. You've been reporting it. The Daily's been reporting it. It's been on WBTA and on TV in Buffalo and Rochester. People don't understand that in today's drug-infested situation we're in, it happens everywhere, not just in the city."

Investigators are looking for possibly two suspects, Thompson said. Based on the description from people who heard the timing of car doors slamming and cars driving off, it appears there is a person on foot going into cars and another person driving a getaway car.

Man who allegedly fled scene of accident found in nearby garage

By Howard B. Owens

A Rochester man faces nearly half a dozen charges stemming from a single-car auto accident in Le Roy on Saturday morning.

Carlos Alberto Mateo, 30, of 27 Potomac St., Rochester, is accused of criminal trespass and fleeing the scene of an accident, as well as aggravated unlicensed operation, driving without a license and operating a vehicle without seat belts.

Mateo is suspected of driving his car into a telephone pole on Route 5 near York Road in the Town of Le Roy and then running from the scene. He was reportedly found hiding in a garage of a residence on York Road.

He was jailed on $2,500 bail.

(Photo courtesy Lorie Longhany -- original post)

Police Beat: Man accused of pulling phone box from wall in Oakfield

By Howard B. Owens

Clifford Leo Regimbal, 31, of 30 S. Main St., Oakfield, is charged with criminal mischief and unlawful possession of marijuana. Regimbal is accused pulling a phone box from the wall outside 36 South Pearl St., Oakfield. Regimbal allegedly possessed marijuana at the time of his arrest. He was jailed on $500 bail.

Amber Fallon Waleski, 22, of 30 S. Main St., Oakfield, is charged with assault in the second degree. While at 36 South Pearl St., Oakfield, Waleski allegedly struck another person in the head with a bear bottle, causing a cut. She was jailed on $500 bail.

Howard M. DeCarlis, 52, of 415 Ellicott St., upper, Batavia, is charged with assault in the third degree. DeCarlis allegedly punched his girlfriend in the face several times during an argument. She was treated and released at UMMC. DeCarlis was jailed on $1,500 bail.

Jacob J. Camerera, 18, of 335 S. Jackson St., Batavia, is charged with criminal contempt and unlawful possession of marijuana. Camerera allegedly violated an order of protection by sending text messages to a woman he was ordered not to contact. At the time of his arrest, he was allegedly found to possess marijuana. Camerera was jailed on $750 bail.

From the State Police blotter:

Patrick R. McFadden, 25, of Batavia, is charged with criminal mischief. McFadden was allegedly involved in an incident at Kmart.

David W. King, 52, of Batavia, is charged with criminal possession of a controlled substance. He was arrested in Bergen.

Silver Springs man accused of selling drugs to undercover agent

By Howard B. Owens

A Silver Springs man is accused of distributing cocaine and marijuana in Pavilion and Batavia after allegedly selling drugs to an undercover agent.

Mark A. Washburn, 20, of 31 East Duncan Ave., Silver Springs, was taken into custody by members of the Wyoming County Drug Task Force on the Genesee County warrant.

Washburn is charged with criminal sale of a controlled substance, criminal possession of a controlled substance, criminal sale of marijuana and unlawful possession of marijuana.

The investigation was conducted by the Genesee County Local Drug Enforcement Task Force.

He is being held in Genesee County Jail pending arraignment.

Police Beat: Contractor accused of stealing from Bergen resident

By Howard B. Owens

Brian T. Rushing, 23, of 127 West Park St., Albion, is charged with one felony count of grand larceny. Rushing, operating under the DBA of B&R Roofing and Siding, allegedly was paid $5,500 to perform home repairs for a residence in Bergen, but never completed the work and allegedly never purchased the necessary materials.

Rushing was released under the supervision of Genesee Justice. The investigation was conducted by Deputy John Baiocco, Investigator Timothy Weis, Sgt. Greg Walker and State Police Investigator Mike Notto. Rushing's name also shows up in today's State Police blotter on another charge of grand larceny in Albion with a value of less than $3,000.

Natalie A. Catuska, 27, of 37 Prospect St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Catuska was observed by Deputy Christopher Parker allegedly crossing the center line after making a turn from Route 33 onto Wilkenson Road at 1:47 a.m. today.

Allen Leonard George, 51, of 101 Harvest Road, Fairport, is charged with criminal contempt. George is accused of calling his ex-girlfriend in violation of an order of protection.

Three Batavia stores sold alcohol to a minor, according to Batavia Police

By Howard B. Owens

In a compliance check of local stores that sell alcohol on Friday, three store clerks were cited by the Batavia Police Department for allegedly selling liquor to minors.

The police used an under-age buyer with a valid New York driver's license in the compliance check. The person entered 18 local stores and attempted to buy beer, wine or liquor.

The clerks cited worked for Kwik Fill, 99 Jackson St.; Plaza Spirits, 563 E. Main St.; and, Wilson Farms, 355 W. Main St..

The clerks will be given a chance to complete a server-training course in exchange for possible dismissal of the charges. The names of the clerks were not released.

The operation was supervised by detectives Rich Schauf and Todd Crossett.

Woman who was shot in arm with hand gun charged with felony

By Howard B. Owens

A woman who was shot in her arm during an alleged domestic dispute in Le Roy on Wednesday has been charged with a pair of crimes stemming from the incident.

Michelle L. Baumgart reportedly grabbed a hand gun belonging to Robert M. Jackson during the reported argument and in the ensuing struggle, the gun discharged.

Baumgart was arrested last night at 10:28 and charged with reckless endangerment in the first degree and criminal possession of a weapon.

She was released under the supervision of Genesee Justice following her arraignment.

At the time of the alleged incident, there were reportedly two children in the home at 8800 Keeney Road, Le Roy.

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