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Law and Order: Man with two priors charged with felony DWI after accident

By Howard B. Owens
eric_merritt
Eric Merritt

Eric J. Merritt, 35, of Buffalo, is charged with felony DWI, aggravated unlicensed operation 1st, driving without an ignition interlock, and leaving the scene of a property damage accident. Merrit was charged following a motor vehicle accident reported on Oct. 29 on West Main Street, Batavia. He allegedly left the scene of the accident. Merritt reportedly has two prior DWI convictions in the past 10 years. He was arraigned in City Court and released.

Danny D. Williams, 36, of Batavia, is charged with criminal contempt 1st. Williams is accused of violating an order of protection on Nov. 5 by being with the protected person. He was arraigned and jailed.

Kyle N. Kendall, 20, of Batavia, and Aiyana J. Luke, 25, of Batavia, are both charged with criminal mischief, 2nd, reckless endangerment of property, and City Code violation for unnecessary noise. Kendall and Luke are accused of causing damage to city-owned parking lot on Liberty Street on Oct. 19. They were arrested on Nov. 2 They were arraigned and released.

Alicia M. Lyons, 45, of Batavia, is charged with criminal contempt 1st, menacing 2nd, nd harassment 2nd. Lyons is accused of fighting with another person on Oct. 27 in violation of an order protection. She was arraigned and released.

Alexander C. Colon-Colon, 30, of Batavia, is charged with criminal obstruction of breathing. Colon-Colon is accused of fighting with another person on Oct. 31, placing his hands around that person's next, and as a result, the person was unable to breathe. He was issued an appearance ticket and released.

Jerry N. Stephens, 42, of Rochester, was arrested Oct. 30 on a warrant. He was issued a misdemeanor traffic ticket on May 13. The warrant was issued after he allegedly failed to appear in court. He was arraigned in City Court and released.

Perrion T. Swan, 34, of Rochester, was arrested on Oct. 31 on a warrant. The warrant was issued for Swan when he allegedly failed to appear in court after being issued a misdemeanor traffic ticket on Aug 20. He was arraigned and released.

Brandon M. Weig, 37, of Batavia, is charged with criminal possession of a controlled substance 7th. Weig is accused of possessing crack cocaine on July 26. Weig was arrested on Nov. 5 and issued an appearance ticket.

Elmore pleads guilty to manslaughter in death of sergeant, Wilcox also enters plea

By Joanne Beck
elmore wilcox

Michael J. Elmore ended an eight-month ordeal Monday that began with the tragic events that took the life of Sgt. Tom Sanfratello with a guilty plea to aggravated manslaughter in the first degree.

Elmore faces a maximum of 20 years in prison for “intending to cause serious physical injury to a police officer, and as a result, causing the death” of Sgt. Thomas Sanfratello on March 10, 2024, at Batavia Downs. 

Represented by attorneys Joseph Lobosco and Zack Baisley, a soft-spoken Elmore in his tan Monroe County Jail jumpsuit pleaded guilty to the Class B violent felony and to obstructing government administration in the second degree of “trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference” before Judge Donald O’Geen in County Court. 

His plea deal includes a “no more than 20-year determinant sentence,” when he could have served a few more years, Genesee County District Attorney Kevin Finnell said. 

“Michael pled guilty to the top count in the indictment, and he pled guilty to a cap of 20 years, whereas the maximum, if there were a trial, would have been 25,” Finnell said. “I believe that's an appropriate plea for this case, based upon the facts and the indictment.” 

Elmore was indicted by the Grand Jury on counts of:

  • Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
  • Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
  • Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
  • Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.

The incident that led up to Sanfratello's death before midnight on March 9, a Saturday night following a pair of events at Batavia Downs, when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. There, Sanfratello confronted Lyndsey Wilcox, 39, of Batavia and ordered Wilcox to leave the building. While being escorted out, she allegedly became combative with Sanfratello. She is accused of hitting Sanfratello several times with the intent to injure him. 

As Wilcox was being arrested, Elmore became involved and was also ordered to leave. He reportedly walked out of the building and came back in with a chain in his hand (a chain he was apparently wearing that night).

During the struggle, which included assistance from Batavia Downs security, Sanfratello reportedly tried to deploy his taser in an attempt to subdue the person attacking him.

According to initial reports, Sanfratello suffered a medical emergency during the struggle, which continued into Sunday, and became unresponsive. There was extensive effort, according to witnesses, to revive him with CPR. He was later pronounced dead by a county coroner.

Wilcox also entered a guilty plea Monday to Count 6 of the indictment, assault in the second degree, a Class D violent felony. She pleaded to “causing physical injury to a police officer who was in the act of performing his official duties.” 

Elmore and Wilcox were both indicted on counts of:

  • Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
  • Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
  • Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.

Wilcox had also been separately charged with resisting arrest, a Class A Misdemeanor. She was accused of intentionally trying to prevent her legal arrest.

“The offer for Lyndsey included a maximum of six months incarceration, and she's done at least that at this time, so she couldn't get any more jail time. Initially, it's a revocable sentence promise, and it's a revocable, I guess, not a revocable plea, but it has conditions that she refrain from violating the law, cooperate with the probation department, and so forth. So that's why she was released,” Finnell said. “Her involvement was less than Mr. Elmore, and that's why her plea offer was to a D violent felony, and his was to a B violent felony. If Lyndsey had gone to trial and were convicted of the top count that she was charged with, I believe her sentence cap would have been 15 years on the top count.”

Her attorney, John LaDuca, with DuBois Law in Rochester, had asked that she be released on her own recognizance, however Finnell had requested that it be under supervision for her own benefit until sentencing. O’Geen agreed with Finnell, giving her a release under supervision with Genesee Justice.

“This is partially for your benefit,” he said. “If you slip up, the consequences are very large.”

Wilcox was ordered to appear to Genesee Justice after any court appearances and be accountable to that agency. O’Geen asked her attorney if she had any prospects of employment, and LaDuca said there were a couple of job opportunities “that are waiting for her.”

She cannot leave Genesee County without permission from the court or Genesee Justice and is subject to drug testing, and cannot operate a motor vehicle since she has no driver’s license. O’Geen also issued a curfew of 8 p.m. to 7 a.m., which “can be adjusted around work hours as necessary.”

Elmore was remanded to jail without bail. He is scheduled for sentencing at 9:30 a.m. Dec. 17. That may include letters and/or spoken testimony from the victim’s or defendant’s side, Finnell said. 

Wilcox will be sentenced at 10 a.m. Jan. 21.

“I was glad that we could resolve this matter for our client, in our indications likely favorably. So that's the disposition that she chose to go with, and I'm glad that we could resolve this, this was more appropriate at this point,” LaDuca said. “So she's looking forward to getting on to probation, being a good probationer, anyway, so that's a level of supervision in any effect. She would be sentenced to probation at sentencing, and then it's shock probation, but she's already served more than this six months time, so when she gets sentenced, then her time is already served.”

For complete prior coverage of the case and related articles, click here

Law and Order: man accused of stabbing

By Howard B. Owens
daquan_butler
Daquan Butler

Daquan J. Butler, 28, of Brooklyn, is charged with assault 1st, burglary 1st, criminal possession of a weapon 3rd, and endangering the welfare of a child. Butler is accused of illegally entering a residence on Liberty Street, Batavia, on Aug. 25, 2023, and stabbing an adult male inside the residence. A child was in the house at the time. Butler was located in New York City by U.S. Marshals and returned to Batavia. He was arranged in County Court and jailed.

Asa A. Wooton, 20, of Batavia, is charged with reckless endangerment 2nd, menacing 2nd, criminal possession of. weapon 4th, and criminal mischief 4th. Wooten is accused of threatening another person with a knife and damaging property on Oct. 28 during a fight on Mill Street, Batavia. He was issued an appearance ticket.

Devonte T. Griner, 30, of Rochester, is charged with reckless endangerment 2nd, criminal mischief 4th, harassment 1st, and vehicle and traffic charges. Griner is accused of following another vehicle in the city of Batavia on Oct. 28 and using his vehicle to intentionally attempting to run the other vehicle off the road. Griner was located a short time later and taken into custody. He was arraigned and released.

Shquanebin Lone, 38, of Akron, is charged with burglary 2nd, criminal mischief 4th, endangering the welfare of a child, and harassment 2nd. Lone is accused of unlawfully entering a dwelling on Bloomingdale Road, Basom, at 7:42 p.m. on Nov. 3. Lone allegedly committed crimes in the dwelling in the presence of a child. She was held pending arraignment. 

Megan Marie Gray, 22, of Alabama, is charged with trespass. Gray was reportedly barred from Walmart and allegedly entered the store at 2:15 p.m. on Nov. 6. She was released pending arraignment.

Reinaldo Aponte, 60, of North Spruce Street, Batavia, is charged with criminal possession of a weapon 4th, DWI, unlicensed operation, stopped on a highway, and failure to signal turn. Aponte was stopped by Deputy Jeremy McClellan at 1:59 a.m. on Nov. 3 on West Main Street Road, Batavia. Apointe was arraigned and released.

Thomas Duane Booth, 48, of Conlon Road, Le Roy, is charged with criminal contempt 2nd. Both allegedly violated an order of protection on Nov. 12 at a location in Le Roy. He was arraigned and was released.

Paul Donald Rich, 63, of Crane Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Rich was arrested by Deputy Alexander Hadsall after a vehicle was found on its side  at 8:57 p.m. on Nov. 12 on Knowlesville Road, Alabama. Rich allegedly had a BAC of .17. He received treatment for possible injuries in the accident at ECMC. He was processed at the Genesee County Jail and released.

John Alano Dirosa, 44, of South Main Street, Elba, is charged with assault 3rd. Dirosa was charged following an investigation into a fight reported at 9 p.m. on Nov. 12 on Main Street in Elba. 

Keith A. Lowery, 55, of Little Canda Road, Bethany, is charged with aggravated unlicensed operation, five or more suspensions, equipment violation, and dirty/covered plate. Lowery was stopped at 1:01 a.m. on Nov. 14 on Richmond Avenue, Batavia, by Deputy Stephen Smith. Lowery reportedly had four active warrants at the time of the stop.e was held pending arraignment.

Rhiannon Joy Graff, 44, of Park Road, Batavia, is charged with DWI, driving with a BAC of .18 or higher, driving without insurance, aggravated unlicensed operation, and registration suspended. Graff was stopped at 12:54 a.m. on Nov. 15 on West Main Street, Batavia, by Deputy Mason Schultz. Graff was prossed at the jail and released.

Lakara Denise Johnson, 34, of Dellinger Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving while intoxicated with a child less than 16 in the vehicle, endangering the welfare of a child, and open container. Johnson and a male passenger were reportedly involved in a physical domestic fight in a car while driving back from Rochester at 9:52 p.m. on Nov. 10, with three children in the car. The vehicle was stopped on Seven Springs Road by Deputy Jeremy McClellan.  Johnson was ticketed and released.

Michael Charles Riggi, 54, of Pearl Street, Batavia, is charged with petit larceny. Riggi is accused of stealing $40 cash from another person while at Walmart on 3:55 p.m. on Nov. 15. He was issued an appearance ticket.

Trevon L. Armstrong, 39, of Batavia, was arrested on a warrant on Oct. 16. Armstrong was initially arrested on a charge of criminal mischief 4th, for allegedly damaging a window on Nov. 16, 2023. The warrant was issued after he allegedly failed to reappear in court. Armstrong was arraigned in and held on bail. 

Justin R. Nadrowski, 32, of Oakfield, is charged with criminal trespass 3rd. Nadrowski is accused of entering the Spirit Halloween store on Oct. 26 at 1:05 a.m. through an unlocked door. He was issued an appearance ticket.

Donald D. Ryan, 41, is charged with petit larceny. Ryan is accused of taking down payment to complete work at a residence on Clifton Avenue but never showing up start the job. He was issued an appearance ticket.

Cori L Cleland, 39, of Perry, is charged with driving while ability impaired by drugs. Cleland was allegedly found unresponsive in her vehicle on Oct. 21. She was issued an appearance ticket.\

Cody A. Bush, 38, of Batavia, is charged with assault 3rd. Bush allegedly injured another person during a fight on East Avenue on Oct. 18. He was arrested on Oct. 26 and issued an appearance ticket.

Brant G. Matthews, 30, of Le Roy, was arrested on Oct. 26 on three warrants. Matthews allegedly failed to appear in court on three separate criminal cases. He was arraigned and released.

Thomas J. Mitchell, 35, of Batavia, is charged with resisting arrest and obstructing governmental administration. Mitchell is accused of running from police when they attempted to detain him on Oct. 20 in connection with a separate incident. He was issued an appearance ticket.

A life of sexual abuse leads to a life sentence for John Volpe

By Howard B. Owens
john volpe
John Volpe

A life sentence. That is what victims of sexual abuse get, District Attorney Kevin Finnell said in County Court on Wednesday morning, a sentiment Judge Donald O'Geen agreed with before sending John Volpe to prison for what is likely the rest of his life.

The 71-year-old Alexander resident, who entered court and left court with the assistance of a walker, was sentenced, in accordance with his plea agreement, to 10 years to life in state prison.

His victim, now a young woman, will deal with the consequences of his sexual abuse and manipulation for the rest of her life, O'Geen said.

O'Geen described the young lady as strong and courageous.

"I have high hopes, based on her comments today, that she will live a good life, especially with the people around her to give her the strength to pull through," O'Geen said.  

Finnell opened his statement to the court before sentencing by noting that Volpe would spend the rest of his life in prison, but the life sentence goes both ways.

"She will have to deal with this the rest of her life," he said. 

He also noted that Volpe's record of good works -- Volpe was an environmental activist -- in the community also couldn't excuse his conduct.

The hearing opened with the victim reading a statement called an allocation, which gives victims an opportunity to tell the court of the true impact of the criminal's crime. 

She said Volpe first sexually abused her when she was five years old. Based on his recommendation, she was removed from public school when she was 12. From age 13 to 17, when she finally told somebody about the abuse, she said she was terrified of him.

"I was brainwashed into thinking it was normal," she said. "That the fear and pain was normal. You convinced me that society was wrong and that you were the best for me. My entire life, I thought my role was to serve you any way you saw fit."

She hoped she would escape it when she turned 18, but Volpe told her that would never happen.

She hoped to escape him when she went to college, but again, he said that wouldn't happen.

"I prayed that I would get away from you when I was married," she said. "You told me that when my husband left for work, you would come over and use me any way you wanted. I said I wanted kids, and you tried to convince me I had to touch them. I told you I wanted to be a nurse and you told me I had to pleasure the old men I cared for. My whole life was decided for me when you met me."

She said when she went on vacations, she had to call him multiple times a day. She had to text him when she went to a friend's house. She had to call him from work, from her apartment when she got home. She said he isolated her from friends and family.

"I had no escape or excuse to get away from you. You used me in every possible way you could," she said. "I have been sexually, physically, emotionally, mentally and spiritually abused by you. You brainwashed my family and I into thinking the world was going to end. That we had to prepare for the end times. You used native culture as a way to manipulate others. You disgraced a culture for your own personal gain."

Now that she has come forward and Volpe is in custody, she is recovering, she said.

"I no longer have to wear a mask," she said. "I can choose what to do and who to see. I have friends and receive true real love. I learned that I was not damaged but that you were. I am now learning how to live, how to love, and how to laugh again. You took everything from me and I am taking it back. I didn't deserve what I received, but it brings me peace knowing that you will get what you deserve and more, that you will never hurt another child again, that you will never hurt another adult again, that you are going to a place that you are terrified of."

Defense attorney Jamie Walsh revealed that Volpe was also abused as a child and that he has been serving his own life sentence as a result of that sexual abuse. Still, O'Geen rejected that abuse as an excuse for Volpe's conduct. 

He called such a concept "selfish," and asserting such a claim was a "slap in the face" to the victim.

"Because you were abused as a child is no excuse because your response should be the opposite of being an abuser," O'Geen said. "You know what it is to be abused."

Law and Order: Batavia man accused of threatening police officer

By Howard B. Owens
jon bush
Jon Bush

Jon H. Bush, 41, of Batavia, is charged with menacing a peace officer, criminal possession of a weapon 3rd, and obstructing governmental administration 2nd. Bush is accused of threatening two probation officers with a knife at an unspecified location and preventing them from arresting another person during a home visit on June 28. He was arrested on Oct. 18. He was arraigned in City Court and jailed. Cindy L. Bush, his mother, was also charged with obstructing governmental administration and issued an appearance ticket.

Shawn P. Wolcott, 42, of Batavia, is charged with burglary 3rd, criminal possession of stolen property 5th, and petit larceny.  Wolcott broke into a building on Harvester Avenue and stole property on Oct. 12.  He was arraigned and released.

Carolyn L. Kurek, 82, of Batavia, is charged with unlawful imprisonment 2nd and harassment 2nd. Kurek is accused of blocking another person from leaving a room at an apartment building on West Main Street, Batavia, on Oct. 16. She allegedly struck a person with her cane. She was issued an appearance ticket.

Kamau S. Freeman, 30, of Buffalo, was arrested on Oct. 15 on a warrant. Freeman was previously arrested on July 23 and charged with robbery 3rd, grand larceny 4th, criminal contempt 1st, and criminal mischief 3rd. The warrant was issued after he allegedly failed to appear in court. He was arraigned and released.

Morgan A. Schoonmaker, 28, of Perry, and Jaqulyn A. Dueppengiesser, 40, of Perry, are charged with criminal possession of a controlled substance 7th. Schoonmaker and Dueppengiesser are accused of possessing narcotics during a traffic stop on Pearl Street on Oct. 15. They were issued appearance tickets.

Emily D. Shea, 29, of Batavia, is charged with DWI. Shea was stopped on Oct. 10 on East Main Street by a Batavia patrol officer for allegedly driving putout headlights. She was issued tickets and released.

Ryan A. Decillis, 32, of Batavia, is charged with DWI. Decillis was allegedly caught speeding after Batavia PD received a traffic complaint on Oct. 5 (location not disclosed). He was issued tickets and released.

Kristen L. Kocent, 36, of Batavia, is charged with criminal possession of a controlled substance 7th. Kocent allegedly passed narcotics during an investigation on Oct. 13 at an undisclosed location. She was issued an appearance ticket.

Douglas G. Goodwin, Jr., 33, of Alabama, is charged with petit larceny. Goodwin is accused of stealing a gold chain from another person on Sept. 19. He was arrested on Oct. 21. He was arraigned and released.

Alicia M. Lyons, 45, Batavia, is charged with resisting arrest. Lyons is accused of resisting police on Oct. 17 when they attempted to take her into custody on multiple warrants. She was arraigned in City Court and was released.

Tek B. Giri, 46, of Scottsville, is charged with DWI. Giri was stopped on Clinton Street on Oct. 17 after Batavia PD received complaints of an erratic driver. Giri was issued tickets and released.

Mark J. Schultz, 38, of Batavia, is charged with DWI. Schultz was stopped on Oct. 20 on West Main Street by a Batavia patrol officer who reportedly observed him driving without tail lights. He was issued traffic tickets and released.

Francis A. Coombs, III, 57, of Batavia, was arrested on Oct. 16 on a warrant. Coombs was initially arrested on Aug. 25 and charged with criminal mischief 4th. He was issued an appearance ticket but allegedly failed to appear in court. Coombs was arraigned in City Court and released. 

Carolyn L. Kurek, 82, of Batavia, is charged with unlawful imprisonment 2nd and harassment 2nd. Kurek is accused of blocking another person from leaving a room at an apartment building on West Main Street, Batavia, on Oct. 16. She allegedly struck a person with her cane. She was issued an appearance ticket.

Arnold B. Colopy, 67, of Batavia, is charged with criminal trespass. Colopy is accused of unlawfully entering an apartment on School Street on Oct. 19. He was issued an appearance ticket.

Kelly Marie Zwolinski, 45, of Broadway Road, Darien, is charged with criminal mischief 3rd. Zwolinski is accused of damaging the property of another person at 5:30 p.m. on Oct. 29 at a location on Broadway Road, Darien. The value of the property is reportedly in excess of $250. He was held pending arraignment.

Harold Phillip Duell, 62, of Perry, is charged with felony DWI, open alcohol container, license restricted, driving on shoulder, and aggravated unlicensed operation. Duell was stopped at 1:24 a.m. on Oct. 28 on Richmond Avenue by Deputy Matthew Wesolowski. He was released on tickets.

Paul William Zeches, 36, of Liberty Street, Batavia, is charged with sex offender failure to report a change of address. Zeches was arrested on Oct. 30. He was jailed on the charge.

Nathaniel Ashton Finta, 20, of North Main Street, Oakfield, is charged with assault 2nd and criminal mischief 4th. Finta is accused of burning another person's clothing and of striking that person in the face with an open hand causing an injury. Finta was held pending arraignment.

Law and Order: Woman accused of grand theft from local store, accompanied by child

By Howard B. Owens

Brigette K. Thornton, 33, of Glenhaven Drive, Amherst, is charged with criminal possession of stolen property 5th, grand larceny 4th, and act in a manner injurious to a child less than 17. Deputies responded at 5:41 p.m. to a report of a larceny in progress at Dick’s Sporting Goods on Veterans Memorial Drive. Deputies were told the suspect fled in a white Nissan Sentra. Deputies located a vehicle matching the vehicle description within moments of the initial report. Thorton was allegedly found in possession of stolen goods with a child in the car.  The value of the stolen goods was not disclosed. Thornton was issued an appearance ticket.

Johnathan David Fuhrman, 37, of Covington Road, Leicester, is charged with criminal mischief 4th, harassment 2nd, and menacing 3rd.  Fuhrman was arrested on a warrant on Oct. 28 in connection with an incident reported at 10 a.m. on Nov. 27, 2023, at a location on Park Road, Batavia. He was held pending arraignment. 

Janell M. Sauer, 48, of West Main Street, Pembroke, is charged with burglary 34d and petit larceny, and Sean M. Conway, 47, of Indian Falls Road, Pembroke, is charged with criminal possession of stolen property 5th. On Oct. 23, deputies responded to a report of a theft in progress at Walmart. Sauer allegedly walked out with $101.71 in stolen merchandise. As an asset protection agent approached her, Sauer reported walking away and dropping the bag. Conway is accused of picking up the bag, knowing it contained stolen merchandise, and leaving with it.  Batavia patrol officers later located Conway on Lockport Road. Sauer had previously been barred from Walmart property. Conway was released on an appearance ticket. Sauer was located the following day, arrested, and held pending arraignment.

Marissa Bea Torres, 34, no address provided, Batavia, is charged with criminal possession of a controlled substance 7th. Torres is accused of possessing Fentanyl and drug paraphernalia at 10:45 a.m. on Oct. 17 at a location on West Main Street, Batavia. She was issued an appearance ticket.

Peter Joseph Mancuso, 36, of Deerfield Drive, North Tonawanda, is charged with criminal contempt 1st. Mancuso was arrested based on a complaint received at 9:56 a.m. on Oct. 19 at a location on X Main Street, Batavia (whether it was East or West Main was redacted from the report). No narrative was provided regarding Mancuso's conduct. He was held pending arraignment.

Susan Marie Da Silveira, 43, no permanent address, is charged with resisting arrest, disorderly conduct, and trespass. Da Silveira is accused of harassing employees and customers at a gas station on Park Road, Batavia, at 6:36 p.m. on Oct. 10, and she allegedly tried to prevent deputies from arresting her. She was issued an appearance ticket.

Clarence Arthur Johnson, 66, of Griswold Road, Le Roy, is charged with a sex offender, failure to appear for a photo. Johnson was arrested on Sept. 20 on a warrant and held pending arraignment.

Joseph William Freeman, 40, of Oak Street, Batavia, is charged with trespass. Freeman is accused of reentering Batavia Downs after being barred from the property at 8:52 p.m. on Oct. 19. He was issued an appearance ticket.

Juan Luis Figoura, 21, of Willow Street, Batavia, is charged with criminal contempt 1st. Figoura was the subject of a traffic stop at 2:21 p.m. on Oct. 23. A person he was ordered to stay away from was allegedly in the vehicle. He was held for arraignment.

Candace De Dibartolomeo, 27, of West Main Street, Batavia, is charged with endangering the welfare of a child. Dibartolomeo is accused of failure to properly take care of a child after deputies responded to a complaint at Big Tree Glen at 10:30 a.m. on Oct. 24. Dibartolomeo was released on an appearance ticket.

Christopher James Johnston, 48, of West Main Street, Batavia, is charged with trespass. Johnston allegedly entered Batavia Downs at noon on Oct. 26 after previously being barred from the facility. He was released on an appearance ticket.

Jennifer Lynne Fraser, 36, of State Street, Batavia, is charged with petit larceny. Fraser is accused of stealing $51.20 in merchandise from Walmart at 4:17 p.m. on Oct. 28. She was released on an appearance ticket.

Jailhouse statements Elmore made to detectives without attorney can be used at trial, judge rules

By Howard B. Owens
elmore wilcox

When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."

He then told Det. Jason Iverson, "I didn't kill nobody, bro."

Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.

His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.

O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.

 The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.

Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.

According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.

Most of the time, Elmore was quiet.

"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.

When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."

Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs." 

The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.

"I gotta refuse ... " Elmore says before Ivison interrupts him.

"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."

Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."

O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.

"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."

Elmore interjects, "I gotta refuse the services of a  ... " and O'Geen says he breaks off at the letter "L." 

O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."

Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions. 

O'Geen does not include any further portion of the interview.  He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."

In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.

Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.

O'Geen found there was sufficient evidence of intent for a jury to consider the charge.

Bergen man accused in federal court of possessing illegal machine guns, gun parts in multiple locations

By Howard B. Owens

Peter Celentano, of Bergen, was charged in U.S. District Court on Tuesday with illegal possession of machine guns.

Authorities searched his residence on Rochester Street and property associated with him in Lyndonville and Medina.

The Medina search also involved a dive team recovering from the bottom of the Erie Canel a box with 10 AR-style receivers, an unmarked gun, magazines, and other firearm parts.

According to U.S. Attorney Jeffrey E. Intravatola, the searchers on Sept. 29 in Bergen recovered two 3D-printed pistol frames, firearm parts and accessories, ammunition reloading equipment, an AR 80% style Jig and drill, a drill press, and various other tools related to firearm manufacturing. 

Investigators also searched two properties in Lyndonville and an apartment on East Avenue in Medina, recovering numerous AR-style lower receivers, 3D-printed handguns, and additional firearm parts and accessories. Approximately 59 of the AR-style receivers contained a “third pinhole,” qualifying them as machine guns, according to Intravatola.

The search warrants were executed by the State Police, Genesee County Sheriff's Office, and ATF. 

If convicted, Celentano faces a maximum penalty of 10 years in prison and a $250,000 fine.

Le Roy man sentenced to 10 years in federal prison for possession child pornography

By Staff Writer

A 37-year-old Le Roy resident was sentenced to 12 years in federal prison on Monday on a conviction off possession of child pornography by U.S. District Court Judge Charles J. Siragusa.

Jordan E. Brodie was charged following an investigation that revealed he traded child pornography through an online chat application in May 2023. Brodie was accused of uploading at least one image to another platform, which reported the image to the National Center for Missing and Exploited Children. 

The State Police opened an investigation based on the complaint and determined the image was uploaded from Brodie's home in Le Roy. A search warrant was executed, and his phone was seized. 

He was found with images that included violence against children.

Brodie was convicted of child pornography possession in May 2021, leading his supervision by the Genesee County Probation Department.

Law and Order: Batavia man accused of strangulation, wielding a knife in attack on another man

By Howard B. Owens
Lazavia Price
Lazavia Price

Lazavia M. Price, 25, of Batavia, is charged with unlawful imprisonment 1st, criminal possession of a weapon 3rd, strangulation 2nd, menacing 2nd, and assault 3rd. Price is accused of fighting with another person on Oct. 4. He allegedly strangled the other person and threatened him with a knife. He was arraigned in City Court and jailed.

Supreme R. Hines, no age nor address provided, is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration 2nd, unlawful fleeing of a police officer in a motor vehicle 3rd, and conspiracy 6th. Eric L. Ball, Jr., is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration, and conspiracy 6th. Hines and Ball are accused of attempting to steal a large amount of merchandise from Dick's Sporting Goods at 4:21 p.m. on Oct. 15. Hines was allegedly the driver of a Honda Accord that fled from the scene. Three deputies responded and spotted a vehicle matching the description of the suspect vehicle and attempted a traffic stop at Oak Street and Park Road. The deputies pursued the Honda Accord onto the Thruway. During the pursuit, the suspects allegedly started discarding stolen property.  The vehicle was eventually stopped by the combined efforts of deputies, troopers and officers with Le Roy PD on the I-490 in Le Roy. Hines was held for arraignment and Ball was issued an appearance ticket.

Jason Matthew Wood, 37, of Freeman Road, Byron, was arrested as a fugitive from another state on Oct. 11. The arrest warrant was issued by the Adams County Sheriff's Office in Colorado. Wood was wanted on two counts of sexual assault on a child, sexual assault on a child pattern of abuse, and two counts of sexual assault on a child from a position of trust. While deputies were at Wood's address, they noticed him pass the location on an eclectic bike. They were able to catch up with Wood and take him into custody without incident.  He was jailed pending extradition to Colorado.

Raymond A. Amaro, 38, no street address, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Amaro is accused of entering a dwelling unlawfully at 5:40 p.m. on Oct. 6 on West Main Street Road, Batavia, and of damaging the property of another person. He was held pending arriagnment.

Phillip P. Heale, 46, of Batavia, and Jessica D. Delcour, 41, of Batavia, are charged with criminal possession of a controlled substance 7th and two counts of criminal use of drug paraphernalia 2nd. Heale and Declour were allegedly found in possession of narcotics and drug paraphernalia during a home probation search on Oct. 7. They were reached and issued appearance tickets.

Dean D. Root, 43, of Le Roy, was arrested on Oct. 8 on a warrant. The warrant was issued for Root when he allegedly failed to appear in court after being issued a misdemeanor traffic ticket. He was arraigned in City Court and released on his own recognizance. 

Hillary D. Russell, 31, of Batavia, is charged with petit larceny. Russell is accused of shoplifting at Save-A-Lot in Batavia on Sept. 30. She was issued an appearance ticket.

Trace G. Brewer, 24, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Members of the Batavia Police NET Unit spotted Brewer on Watson Street on Oct. 4 and attempted to arrest him on an outstanding warrant. Brewer allegedly ran from officers but was eventually taken into custody. He was arraigned and released.

Terrance H. Riley, 36, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Riley is accused of fighting with another person in the presence of three children on Oct. 1. He was issued an appearance ticket.

Trevor N. Christman, 34, of Batavia, was arrested on a warrant on Oct. 4. Christman allegedly failed to appear in court after being issued an appearance ticket for a misdemeanor crime. He was arraigned in City Court and released.

Morgan A. Schoonmaker, 28, of Perry, was arrested on Oct. 3 on a warrant. Schoonmaker allegedly failed to appear in court on a misdemeanor traffic ticket. She was arraigned in City Court and remanded to the Genesee County Jail. 

Booker T. Ricks, 53, of Batavia, is charged with assault 3rd. Ricks is accused of punching another person several times on Sept. 28 causing injury. He was issued an appearance ticket.

Kevin Allan Knickerbocker, 53, of West Main Street, Byron, is charged with criminal contempt 2nd.  Knickerbocker is accused of violating an order of protection at 3:32 a.m. on Oct. 12 at a location in Byron by placing the protect party in fear for his or her safety. Knickerbocker was issued an appearance ticket.

Lockport man pleads guilty to two charges related human remains being found in Alabama

By Howard B. Owens

A 45-year-old Lockport man admitted in Genesee County Court on Wednesday to concealing a human body in the trunk of a car and parking it in the town of Alabama on March 17.

Norman S. "Bud" DeBois entered a guilty plea to concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

DeBois was initially charged in April with additional counts of hindering prosecution in the first degree and conspiracy in the fifth degree, a Class A misdemeanor.

Wednesday's plea satisfies all charges. He faces from 1 1/3 to 4 years in prison. He is scheduled to be sentenced on Jan. 21 at 2:15 p.m.

On March 19, while investigating a missing person complaint out of Niagara County, Sheriff's deputies found the body of Michael G. Poole, 59, of Olcott.

Two Niagara County residents are accused of conspiring to murder Poole.

On April 19, Kathryn A. "Kit" Henry, 33, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the first degree, a Class B felony, concealment of a human corpse, a Class E felony,  hindering prosecution in the first degree, a Class D felony, tampering with physical evidence, a Class E felony, conspiracy in the second degree, a Class B felony, and conspiracy in the fourth degree, a Class E felony.

Last week, Edward A. Dunn, 38, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

Those two cases are pending further court proceedings.

Second suspect arrested in murder of man whose body was found in Alabama

By Howard B. Owens
edward dunn
Edward Dunn

The investigation into a case that began in March with the discovery of a body in the town of Alabama has concluded with the arrest of Edward A. Dunn, 38, of Lockport, on charges of murder in the second degree, a Class A-1 felony.

Dunn is also charged with assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

The Lockport man is accused of killing Michael Poole and then taking steps to conceal Poole's body.

Dunn was arraigned in Genesee County Court on the indictment and ordered held on $100,000 bail. He is schedule to appear in court again on Nov. 7.

The investigation began on March 19, when the body of the 59-year-old Poole, an Olcott resident, was located during a search for a missing person from Niagara County. 

Kathryn A. Henry, 33, from Lockport, was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with another person to kill Poole and hide his body.

On June 27, the Sheriff's Office arrested Norman S. DuBois, 45, of Lockport, and charged him with hindering prosecution among other charges for his alleged part on conspiring to hide Poole's body.

Law and Order: Batavia man accused of threatening another person with a knife

By Howard B. Owens

Stanley T. Hooker, 32, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 3rd, and harassment 2nd. Hooker is accused of threatening another person on Sept. 27 with a knife during a fight on Spencer Court. He was arraigned and released.

Lakara D. Johnson, 34, of Dellinger Avenue, Batavia, is charged with petit larceny. Johnson is accused of shoplifting at Walmart at 2:57 p.m. on Oct. 8. Johnson was processed at the Genesee County Jail and released on an appearance ticket.

Ajia R. Hasenauer, 31, of Rochester, was arrested on Sept. 30 on two warrants. The first warrant stems from an incident where Hasenauer allegedly took another person’s vehicle without permission. She was charged with Unauthorized Use of a Motor Vehicle 3rd. The second warrant was issued after Hasenauer failed to appear in court, after being issued a misdemeanor traffic ticket. She was arraigned and released.

Peter M. Costantino, 63, of Batavia, is charged with assault 3rd and endangering the welfare of a child. Costantino is accused of fighting with a neighbor while two children were present on Sept. 28. He was arraigned and released.

Alicia M. Lyons, 44, Batavia, is charged with trespass. Lyons was allegedly on Kwik Fill property on Oct. 1, after previously being barred from the property. She was issued an appearance ticket.

Christopher L. Rebmann, 51, of Attica, was arrested on Sept. 25 on a warrant. The warrant was issued after Rebmann allegedly failed to appear in court on an appearance ticket for criminal possession of a controlled substance 7th. He was arraigned in  City Court and released. 

 

Law and Order: Pembroke sisters accused of conspiring to shoplift from Walmart

By Howard B. Owens

Marlarie Joanne Smart, 37, of Pembroke, and Melani Lynn Maloney, 43, of Pembroke, are both charged with petit larceny and conspiracy 6th. Smart and Maloney, sisters, are accused of working together to steal $112.90 in merchandise from Walmart by "skip scanning" while checking out.  Both were issued appearance tickets.

Joni Marie Johnson, 49, of Millicent Avenue, Buffalo, is charged with resisting arrest and petit larceny. Johnson is accused of stealing merchandise from Dick's Sporting Goods at 6:20 p.m. on Oct. 4. She was held pending arraignment.

Timothy Dennis Clark, 54, of Charwood Circle, Rochester, is charged with petit larceny and conspiracy 6th. Clark is accused of working with another person to steal merchandise from Dollar General on Townline Road, Byron at 9:26 p.m. on Sept. 30. Also charged, Ryan Michael Bobzin, 35, of West Bergen Road, Bergen.

Oliver Thomas, 33, of Elba, is charged with DWI, driving on a restricted license, following too close, and consumption of alcohol in motor vehicle. Thomas was stopped at 12:01 a.m. on Oct. 2 on Route 63 in Batavia by Deputy Jeremiah Gechell. 

Edward Micahel Gorski, 42, of Genesee Street, Pembroke, is charged with criminal contempt 2nd. Gorski is accused of violating a stay-away order by going to the protected party's residence in Pembroke at 6:21 p.m. on Oct. 3.

John Robert Kormos, 55, of Parma, Ohio, is charged with DWI, drinking alcohol in a motor vehicle, and moving from lane unsafely.  Kormos was stopped at 9:24 p.m. on Oct. 5 on Oak Orchard Road, Elba, by Deputy Zachary Hoy.

Morris Marquis Taylor, 34, West Barre Road, Albion, is charged with felony DWI, speeding, and drinking alcohol or using cannabis in a motor vehicle. Taylor was topped at 2:34 a.m. on Oct. 6 on West Main Street, Batavia, by Deputy Jacob Kipler. He was held pending arraignment.

Law and Order: Batavia man accused of demanding money, causing serious physical injury

By Howard B. Owens
matthew Taylor
Matthew Taylor

Matthew R. Taylor, 41, of Batavia, is charged with assault 1st, robbery 1st, and menacing 3rd. Taylor is accused of engaging in violence with another person on East Main Street on Sept. 22. He is accused of demanding money and causing serious injury to the other person. He was arraigned in City Court and jailed.

Jeffrey A. Tyler, no age provided, of Rochester, is charged with criminal possession of a firearm, criminal possession of a weapon 3rd, criminal possession of stolen property, and multiple traffic offenses. Tyler was stopped at 12:17 p.m. on Sept. 6 by Officer T.J. Mummery of Le Roy PD. During an investigation, Mummery determined Tyler was a convicted felon and was allegedly in possession of an unregistered handgun, which was also loaded. Tyler was reportedly towing a trailer that contained a stolen ATV. Tyler was held pending arraignment.

Sugeiry Vazquez, 35, of Otis Street, Rochester, is charged with unlawful fleeing from a police officer in a motor vehicle 3rd, reckless endangerment 1st, aggravated unlicensed operation 3rd, unlicensed drive, and speeding. Deputy Alexander Hadsall initiated a pursuit of a vehicle on Route 20 in Darien at 10:40 a.m. on Sept. 24 after learning that a vehicle had fled a T.J. Maxx in Erie County after the theft of clothing items. Hadsall attempted to stop the vehicle but the vehicle did not yield to emergency lights. The pursuit continued into the town of Byron, where it crashed into the front lawn of a residence. The occupants fled on foot and were later located in a cornfield by the Sheriff's Office K-9. The driver of the vehicle was arrested. Vazquez was arraigned and released under supervision.

Christina L. Riley, 36, of Batavia, is charged with attempted robbery 3rd, grand larceny 4th, endangering the welfare of a child, and harassment 2nd. Riley is accused of fighting with another person on Sept. 21 at an unreleased location and of attempting to steal that person's child while several children were present. Raily was arraigned and released.

Jennifer A. Schellerer, 38, of Batavia, and Dennis J. Williamson, 42, of Rome, are charged with criminal possession of a controlled substance. Schellerer and Williamson were arrested on Sept. 20 after police received a report of two people passed out in a car at the Mobile gas station on East Main Street, Batavia. They were allegedly found in possession of crack cocaine. Williamson was also charged with criminal possession of stolen property 5th for allegedly possessing a stolen license plate. They were issued appearance tickets.

Michael J. Holler, 38, of Rochester, was arrested on a warrant on Sept. 22. Holler was initially arrested on a charge of petit larceny on Sept. 18. He allegedly failed to appear in court as ordered. He was arraigned and released. 

Gracien R. Ibambasi, 30, of Batavia, is charged with menacing 3rd and endangering the welfare of a child. Ibambasi is accused of threatening another person in the presence of two children. He was arrested on Sept. 22, arraigned in City Court and released.

Phillip P. Heale, 41, of Batavia, and Jessica D. Delcour, 41, of Batavia, are charged with petit larceny. Heale and Delcour are accused of shoplifting at Aldi in Batavia on Sept. 14. Based on an investigation, they were charged with a second count of petit larceny. They are accused of shoplifting on Aug. 8 at the same store. They were issued an appearance ticket.

Patrick O. Spikes, 43, of Batavia, is charged with harassment 2nd. Spikes is accused of hitting another person during an argument on Central Avenue on Sept. 17. He was issued an appearance ticket.

Jennifer L. Stack, 38, of Batavia, is charged with criminal possession of a controlled substance 7th. She was arrested on an arrest warrant on Sept. 13. She was allegedly found in possession of crack cocaine during a traffic stop on Jan. 18. She was arraigned and released.

Cylie Rose Gebo, 27, of Macedon Center Road, Palmyra, is charged with criminal possession of a controlled substance 7th.  Gebo was allegedly found in possession of crack cocaine and a pipe by Deputy Robert Henning at 8:25 a.m. on Sept. 26 on West Bergen Road, Bergen. She was issued an appearance ticket.

David Allen Leach, 30, of Main Road, Pembroke, is charged with assault 3rd. Leach is accused of attacking two people during an argument at 10:19 p.m. on Sept. 25, at a location on Main Road, Pembroke. He was processed at the Genesee County Jail and held pending arraignment.

Joseph Allen Hogan, 56, of Prairie Trail, West Henrietta, is charged with petit larceny. Hogan was arrested on Sept. 25, accused of stealing $494 from another person at Batavia Downs at 1:04 a.m. on Sept. 17. He was issued an appearance ticket.

Zachary James Pernick, 26, of Paradise Lane, Tonawanda, is charged with criminal mischief 4th. Pernick is accused of damaging a wall inside Batavia Downs at 2:31 a.m. on Sept. 28. He was released on an appearance ticket.

Shaunda Lee Hill, 35, of South Street Road, Le Roy, is charged with petit larceny. Hill is accused of shoplifting at Walmart at 4:41 on Sept. 27. She was issued an appearance ticket.

Devin Ralph Zortman, 25, of Highland Avenue, McKees Rocks, Pa., is charged with DWI, driving with a BAC of .08 or more, failure to signal, and drinking alcohol or consuming cannabis in a motor vehicle. Zortman was stopped at 12:29 on Sept. 29 on Veterans Memorial Drive, Batavia, by Deputy Mason Schultz. He was released on an appearance ticket.

Christopher James Johnston, 48, of West Main Street, Batavia, is charged with criminal mischief 4th.  The details of the alleged incident where not released other than it was reported 12:54 p.m. on Oct. 1. Johnston was held pending arraignment.

Law and Order: Batavia man accused of threatening person with box cutter, fighting with police

By Howard B. Owens
Michael Stack
Michael Stack

Michael J. Stack, 47, of Batavia, is charged with attempted robbery 3rd, attempted criminal possession of a weapon, 2nd, resisting arrest, obstruction of governmental administration, 2nd, menacing, 2nd, endangering the welfare of a child, and harassment 2nd. Stack is accused of striking another person and threatening that person with a box cutter. When police attempted to arrest him on Sept. 3, Stack allegedly fought with officers and attempted to take an officer's gun from the officer's holster. Stack was arraigned in City Court and held without bail.

Anthony Earl Parks, 19, of West 150th Street, New York City, is charged with criminal possession of a weapon 3rd and criminal possession of a weapon on school grounds. Parks, a Genesee Community College student, is accused of possessing an unregistered loaded pistol with a high-capacity magazine while at College Village at 11:50 p.m. on Sept. 22.  Campus security was made aware that Parks may possess a weapon through a social media post.  There is no information uncovered by investigators alleging any threats by Parks related to the handgun. Parks was arraigned and jailed on $25,000 bail or $5,000 bond. The incident was investigated by Deputy Rachael Diehl and Investigator Erik Andre. They were assisted by campus security.

Patrick O. Spikes, 43, of Batavia, is charged with criminal possession fo a weapon 3rd and menacing 2nd. Spikes is accused of threatening another person with a knife during a fight on Sept. 17 at an undisclosed location. Spikes was arraigned in City Court and held without bail.

nicholas_kingdollar
Nicholas Kingdollar

Nicholas C. Kingdollar, 28, of Batavia, is charged with burglary 2nd, criminal contempt 2nd, and aggravated family offense. Kingdollar was allegedly found on Sept. 6 inside a residence at an undisclosed location in violation of a stay-away order of protection. He was arraigned in City Court and was ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Penny S. Hofert, 58, of Batavia, is charged with criminal of a controlled substance 3rdf and criminal possession of a controlled substance 3rd. Hofert was arrested on Aug. 22 following an investigation into an alleged drug sale on Aug. 5. Batavia PD reports that members of the Neighborhood Enforcement Team witnessed a suspect conduct a drug sale on Bank Street. Hofert was arraigned and released.

Adam J. Arsenault, 38 of Batavia, is charged with criminal possession of a weapon 4th. Arsenault is accused of possessing a muzzleloader. He was arrested on Aug. 27. Police state that Arsenault is a convicted felon and is not permitted to possess any guns. He was issued an appearance ticket.

Kyle J. Leenhouts, 36, of Rochester, is charged with DWI. On Aug. 24, Batavia patrol officers were dispatched to McDonald's on East Main Street where a person was reportedly causing a disturbance in the drive-thru. Leenhouts was arrested following an investigation. He was issued an appearance ticket.

Keith M. Lewandowski, 33, of Batavia, is charged with criminal possession of a controlled substance 7th. He was arrested on Aug. 26 on a warrant based on an incident on Dec. 3. Officers stopped Lewandowski on his bicycle for an alleged traffic violation. He was allegedly found in possession of narcotics. He was arraigned and released.

Mason D. Dumbleton, 33, of Alexander, is charged with DWI. Dumbleton was stopped on Aug. 23 on Ellicott Street, Batavia, by a Batavia patrol officer. He was issued an appearance ticket.

Lindsay Q. Brooks, 38, of Batavia, is charged with criminal mischief 4th. Brooks is accused of damaging the door of a residence on Ellicott Place, Batavia, during a fight. She was issued an appearance ticket.

Trevor N. Christman, 34, of Batavia, is charged with exposure of a person. Christman is accused of exposing himself and uritnating on a building on Ellicott Street, Batavia, on Aug. 15. He was issued an appearance ticket.

Dominic D. Czerniak, 25, of Batavia, is charged with harassment 2nd. Czerniak was arrested on Aug. 12. He allegedly kicked another person in a fight on West Main Street, Batavia. He was issued an appearance ticket.

Suzanne C. Stein, 62, of Byron, was arrested on Aug. 24 on a warrant. Stein was initially issued a traffic ticket for a misdemeanor traffic violation. The warrant was issued after she allegedly failed to appear in court. Stein was arraigned and released.

Michael C. Smith, 32, of Batavia, was arrested on four warrants on Aug. 19. The warrants are related to several different incidents where Smith was charged with petit larceny and trespass. He was arraigned in Batavia City Court and remanded to the Genesee County Jail. 

Alicia M. Lyons, 44, of Batavia, is charged with harassment 2nd. Lyons is accused of striking another person during a fight on Mill Street, Batavia, on Sept. 2. She was arrested again on Sept. 4 and charged with two counts of harassment 2nd. She is accused of striking another person at two separate times. She was arraigned in City Court and released.

Joseph M. Call, 24, of Batavia, turned himself in on a warrant on Aug. 28. Call was issued a misdemeanor traffic ticket, on June 10. A warrant was issued, after he allegedly failed to appear in court. Call was arraigned and released.

Brandon A. Honore, 39, of Batavia, was arrested on Aug. 29 on a warrant. Honore allegedly failed to appear in court on a misdemeanor traffic ticket. He was arraigned in City Court and released. 

Bill A. Thomas, 64, of Batavia, is charged with open alcohol container in public. Thomas was allegedly found in possession on Aug. 31 of an open container of alcohol in Austin Park. He was issued an appearance ticket.

Jeremy C. Goodell, 50, of Batavia, is charged with open alcohol container in public. Goodall is accused of possessing an open container in Austin Park on Aug. 31. He was issued an appearance ticket.

Jamie A. Dutton, 32, of Batavia, was arrested on Aug. 30 on a warrant and other charges. The warrant charges Dutton with petit larceny. He is accused of stealing merchandise from Aldi on June 20. He was additionally charged with criminal impersonation 2nd, for allegedly lying about his name in order to avoid arrest, as well as resisting arrest and obstruction of governmental Administration 2nd, for allegedly running from police who were attempting to arrest him. He was arraigned in  City Court and turned over to the Genesee County Jail, on a Parole warrant.

Francis A. Coombs, 57, of Batavia, is charged with criminal mischief 4th. Coombs is accused of kicking a hole in a wall at a residence on State Street on Aug. 25. He was issued an appearance ticket.

Deandre C. Lee, 30, of Rochester, and Myrin D. Lumpkin, 46, of Batavia, are both charged with disorderly conduct. Lee and Lumpkin are accused of fighting with each other on Aug. 25 in the street at the intersection of Main Street and Jefferson Avenue. Lee was also charged with criminal contempt 2nd. He is accused of violating an order of protection in relation to an occupant of a vehicle Lee and Lumpkin had been in. Lee was arraigned in City Court. Lumpkin was issued an appearance ticket.

Lyndsay T. Young, 41, of Batavia, is charged with trespass. Young is accused of living in the woods of private property on South Jackson Street, Batavia. She was arrested on Aug. 26. She was issued an appearance ticket.

Jennifer N. Wilson, 37, of Olean, was arrested on a warrant on Aug. 27. Wilson was initially arrested on Feb 26 on charges of criminal trespass 2nd, obstructing governmental administration 2nd and resisting arrest. Wilson allegedly failed to appear in court on the charges. Wilson was arraigned in City Court and released. 

Lamar I. Randall, 39, of Batavia, was arrested on Aug. 8 on a warrant. Randall allegedly failed to appear on a traffic ticket. He was arraigned and released.

Thomas J. Preedom, 36, of Clarence, is charged with failure to register. Preedom is reportedly a registered sex offender and allegedly failed to report a change of address within 10 days. He was arraigned in City Court and released under supervision.

Raymond L. Keffer, Jr., 47, of Brockport, is charged with failure to register. Keffer is reportedly a registered sex offender and allegedly failed to report a change of address within 10 days. He was issued an appearance ticket and released.

Mark W. McWethy, 56, of Batavia, was arrested on Sept. 11 on a warrant. McWethy was initially charged on Aug. 6 with criminal possession of a controlled substance 4th and criminal possession of a controlled substance 7th. He allegedly failed to appear in court to answer to the charges. He was arraigned and released.

Anthony R. Dunmore, 44, of Rochester, is charged with criminal obstruction of breathing. Dunmore is accused of placing his hands around another person's neck during a fight on State Street on Sept. 7., 2023. The suspect fled the scene. Dunmore was arrested on a warrant on Sept. 6. He was arraigned and released.

Michael A. Sweet, 38, of Batavia, is charged with harassment 2nd. Sweet is accused of grabbing another person and dragging that person during a fight on Raymond Avenue on Sept. 16. He was also arrested on a warrant charging harassment 2nd in connection with an incident involving the same victim. He was arraigned in City Court and ordered held in the Genesee County Jail.

Jerry Smith, Jr., 49, of Batavia, is charged with harassment 2nd. Smith is accused of shoving another person during a dispute on South Swan Street. He was issued an appearance ticket.

Kristen L. Kocent, 36, of Batavia, is charged with driving while ability impaired by drugs. Kocent was stopped by a Batavia patrol officer on Oct. 13. She was arrested on Sept. 16, accused of driving while under the influence of narcotics. She was arraigned in City Court and released on her own recognizance.

Rachel A. Baer, 37, of Le Roy, was arrested on Sept. 17 on a warrant. Baer was initially arrested in May on a charge of petit larceny. She allegedly failed to appear in court. She was arraigned and released. 

Timothy J. Niccloy, 39, of Batavia, was arrested on Sept. 15 on a warrant. Niccloy was issued a misdemeanor traffic ticket on June 4. He allegedly failed to appear in court. Niccloy was arraigned and released.

Daniel P. Frey, 42, of Batavia, is charged with theft of service. Fey is accused of not paying for his meal at Tully's. He was issued an appearance ticket.

Joseph Anthony Saccomanno, 67, Highland Drive, Williamsville, is charged with harassment 2nd. Saccomanno is accused of hitting another person inside of the concert venue at Darien Lake Performing Arts Center at 8:11 p.m. on Sept. 17. He was issued an appearance ticket. 

Tiaan Geldenhuys, 26, of Watson Road, Elba, is charged with assault 3rd. Geldenhuys is accused of attacking a co-worker at a location on Transit Road in Byron at 2:45 p.m. on Sept. 17, causing physical injury. 

Casey Thomas Vaughn, 35, of Prestige Xing, Batavia, is charged with criminal contempt 2nd. Vaughn is accused of violating an order of protection at 10:09 p.m. on Sept. 19. He was held pending arraignment.

Nathaniel Austin Moultrup, 24, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle. Moultrup was stopped at 1:55 a.m. on Sept. 21 on West Main Street Road, Batavia, by Deputy Jacob Kipler.

Maura Carina Diaz-Garcia, 41, of Batavia Oakfield Townline Road, is charged with assault 2nd. Diaz-Garcia is accused of hitting another person multiple times and hit the person in the head with a coat hangar. The victim sustained multiple physical injuries, including bruising along the the left side of his or her body and a cut on the forehead. Diaz-Garcia was held pending arraignment.

Dean Michael Boldt, 57, of Wende Road. Alden, is charged with DWI, driving with a BAC of .08 of alcohol and motor vehicle lights not meeting standards. Boldt was stopped at 1:28 a.m. on Sept. 22 on West Main Street Road, Batavia, by Deputy Jacob Kipler.

Law and Order: Trio of alleged drug dealers in Batavia charged with Class A-II felonies

By Howard B. Owens
Amanda T. Sterzick
Amanda Sterzick

Amanda T. Sterzick, 52, of Batavia, is charged with criminal possession of a controlled substance 2nd, a Class A-II felony, two counts of criminal possession of a controlled substance 3rd, conspiracy 2nd, two counts of criminal possession of a controlled substance 5th,  two counts of criminally using drug paraphernalia 2nd; Michael C. Mirabal, 51, of Batavia, is charged with criminal possession of a controlled substance 2nd, a Class A-II felony, two counts of criminal possession of a controlled substance 3rd, conspiracy 2nd,  two counts of criminal possession of a controlled substance 5th,  two count of criminally using drug paraphernalia 2nd; 

mirabal
Michael Mirabal
Paul Crawford
Paul Crawford

Paul Crawford, 55, of Batavia is charged with criminal possession of a controlled substance 2nd, a Class A-II felony, two counts of criminal possession of a controlled substance 3rd, and conspiracy 2nd. On Aug. 30, the Local Drug Task Force and Batavia PD executed two search warrants on residences on Central Avenue and East Main Street, Batavia. The warrants were the result of a "lengthy narcotics investigation" that was assisted by the United States Postal Service Investigation Service into the trafficking and distribution of methamphetamine, prescription drugs, drug paraphernalia, and U.S. currency.  The suspects were charged on Sept. 11. By statute, based on the A-II felony charges, the defendants were ordered held at arraignment in the Genesee County Jail pending further court appearances. The investigation remains ongoing, and additional charges are pending.

Charles Philips Stevens, 36, and Shelby Lynn Fryer, 29, both of 11 South Main Street, Batavia, are charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia. Carl E. Canterbury, 54, and Christine M. Caplis, 44, both 61 South Main Street, Batavia, and Crystal A. Dale, 48, of Linwood Avenue, Albion, are charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia.  The arrests resulted from a narcotics investigation by the Local Drug Task Force that resulted in the Batavia Emergency Response Team executing search warrants at 11 South Main St. and 61 South Main St. in Batavia on Sept. 9. All suspects were issued appearance tickets.

Kahlan Irene VanSchaffel, 22, of undisclosed street, Rochester, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and two counts of endangering the welfare of a child.  VanSchaffel was allegedly found in possession of cocaine in a quantity sufficient to constitute possession with intent to sell at 6:28 on Sept. 15, on Clinton Street Road, Stafford, by Deputy Soren Calderon. VanSchaffel was held pending arraignment.

Jakob John Howland, 22, of Stroh Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and leaving the scene of a property damage accident. Howland was allegedly involved in a motor vehicle accident on Aug. 18 at 11:18 on Stroh Road, Alexander, that was investigated by Deputy Matthew Wesolowski. Howland was released on an appearance ticket.

Susan Marie Lynch, 69, of North Pearl Street, Oakfield, is charged with petit larceny. Lynch is accused of shoplifting at Walmart at 4:49 p.m. on Sept. 9. Lynch was processed at the Genesee County Jail and released.

Jacob Duane Pieri, 18, East Pleasant Avenue, Eden, is charged with DWI and driving with a BAC of .08 or greater. Pieri was stopped at 11:21 on Sept. 7 on Alleghany Road, Darien, by Deputy Soren Calderon. Pieri was issued an appearance ticket.

Brendan Michael Bruce, 26, of Pamela Drive, Depew, is charged with DWI, driving with a BAC of .08 or greater, speeding, and driving a vehicle without an inspection certificate. Bruce was stopped at 12:24 a.m. on Sept. 8 on Broadway Road, Darien, by Deputy Stephen Smith. He was issued an appearance ticket.

Ashton Lee Mohney, 34, of Oak Street, Batavia, is charged with petit larceny. Mohney is accused of shoplifting at Walmart at 10:19 a.m. on Sept. 6. Mohney was processed at the Genesee County Jail and released.

Molly Elizabeth Hebdon, 35, of unreleased street, Bethany, is charged with endangering the welfare of a child.  Hebdon is accused of leaving her 11-year-old daughter alone at a residence on Putnam Road, Bethany, at 10:33 p.m. on Sept. 8. Hebdon was issued an appearance ticket.

Wayne Daniel Potter, 41, of West Main Street Road, Batavia, is charged with failing to register a change of address within 10 days as a sex offender. Potter was arrested at the Genesee County Jail on Sept. 9. He was held pending arraignment.

Clarence Arthur Johnson, II, of Griswold Road, Bergen, is charged with failure to appear and be photographed by law enforcement as a sex offender.  Johnson was arrested on Sept 8. He was issued an appearance ticket.

Mario Richard Handley, 19, of Jackson Avenue, North Tonawanda, is charged with disorderly conduct. Handley is accused of harassing patrons at a location on Alleghany Road at 12:30 a.m. on Sept. 7. He was allegedly engaging in fighting stances and striking passing vehicles. He was released on an appearance ticket.

Jose Ranulfo Yamba-Paucar, 30, of Hinkleyville Road, Spencerport, is charged with DWI and driving with a BAC of .08 or greater. Yamba-Paucar was stopped at 6:19 p.m. on Sept. 14 on Batavia Stafford Townline Road, Batavia, following traffic complaints. He was released on an appearance ticket.

Terry Michael Roth, 49, of Horseshoe Lake Road, Stafford, is charged with criminal possession of a controlled substance 7th. Roth was allegedly found in possession of a controlled substance during a probation home search of his residence. He was released on an appearance ticket.

Jared Ryan Burns, 38, of Main Road, Stafford, is charged with criminal mischief 4th. Burns is accused of intentionally damaging the screen door of a residence on West Main Street Road, Batavia, at 9:43 p.m. on Sept. 12. He was held for arraignment.

Samantha Grace Reed, of Central Avenue, Batavia, is charged with petit larceny. Reed is accused of shoplifting at Walmart at 6:47 on Sept. 13. She was released on an appearance ticket.

The following arrests were made at the Pitbull concert at Darien Lake Performing Arts Center on Sept 6:

  • Gena Everet, 18, of Java, is charged with criminal trespass after allegedly reentering the concert venue after previously being ejected.
  • Michael Pellegrino-Whittmeyer, 21, of Batavia, is charged with criminal trespass after allegedly reentering the concert venue after previously being ejected.
  • Erin Coffey, 20, of Rochester, is charged with criminal trespass after allegedly reentering the concert venue after previously being ejected.
  • John Karcz, Jr., 51, of North Tonawanda, is charged with harassment 2nd after allegedly striking another person while inside the concert venue.

All suspects were issued appearance tickets.

Police determine no credible threat following social media posts that raised concern

By Howard B. Owens

Press release:

The City of Batavia Police Department has been made aware of social media posts circulating that are threatening violence at schools. The investigation into this matter has deemed that there is no credible threat to the Batavia City School District at this time. We are working alongside our Local, State and Federal partners to determine the origin of the posts. We have communicated with BCSD about the posts and will continue to monitor the situation. 

We ask that anyone with further information contact the Police Department's Detective Bureau at 585-345-6350. Furthermore, if you see a suspicious post, contact your local law enforcement and do not re-post, share, message or place it on any other social media site, as this can create unnecessary panic and hamper law enforcement's ability to investigate.

NOTE: We asked Chief Shawn Heubusch if the threat came from somebody local and specifically targeted Batavia. He said it's unknown who exactly made the threat. He said there is no specific information regarding Batavia.

Law and Order: Pair accused of signing false statements after deputy responds to firearm complaint

By Howard B. Owens

Christine R. Brien, 53, of West Main Street Road, Batavia, and Johnathan B. White, 32, of West Main Street Road, Batavia, are charged with false written statement.  AT 4:11 p.m. on Aug. 23, Deputy Alexander Hadsall was dispatched to a report of a disturbance where a male had a firearm. When Hadsall arrived on scene, he was advised the male had left the scene on foot in an unknown direction. The male returned and was placed into custody. After further investigation, Hadsall determined both subjects had signed sworn statements that were not true. They were both arrested and processed at the Genesee County and released. 

Chupco Harjo, 33, Council Hosue Road, Tonawanda Indian Reservation, is charged with assault 2nd and criminal mischief 3rd, and Rhonda Nancy Harjo, 68,  of Council Hosue Road, Tonawanda Indian Reservation, is charged with assault 3rd and criminal mischief 3rd. The suspects are accused of assaulting another person at 5:50 a.m. on Aug. 22 at a location on Council House Road, causing physical injury and of damaging the victim's mobile phone. Both were jailed pending arraignment.

Willie Albert Sabb, Jr., 50, unknown address, Batavia, is charged with criminal possession of a controlled substance 7th, false personation, aggravated unlicensed operation 3rd, failure to stop at stop sign, speeding. Sabb was stopped at 4:54 p.m. on Aug. 24 on South Lake Road, Le Roy, by Deputy Nicholas Jennings. Sabb was allegedly found in possession of crack cocaine and drug paraphernalia. He was also wanted on a Family Court warrant. He was issued an appearance ticket.

Ashley Jordan Gallagher, 35, no permanent residence, Rochester, is charged with criminal possession of a controlled substance 7th and tampering with physical evidence. Gallagher was allegedly found in possession of crack cocaine during a traffic stop at 4:54 p.m. on Aug. 24 on South Lake Road, Le Roy, by Deputy Nicholas Jennings. She also allegedly had suspected drug contraband concealed on her person. She was issued an appearance ticket.

Cain Alexander Catino, 53, of Valley View Drive, Batavia, is charged with falsifying business records 1st. Catino is accused of signing a Pawn King bill of sale stating that he was the sole owner of property that was allegedly stolen. He was held pending arraignment.

Summer Rose Prentice, 31, of Drake Street, Oakfield, is charged with criminal mischief 4th. Prentice is accused of intentionally damaging the property of another person at a location on Drake Street, Oakfield, at 12:30 a.m. on Aug. 22. There is no release information available.

Jonathan Mathew Toledo, 32, of Victory Avenue, Hamburg, is charged with harassment 2nd. Toledo is accused of fighting at Darien Lake on Aug. 20 at 10:07 p.m.  He was held for arraignment.

Jorden Elizabeth Prescott, 30, of no address listed, Batavia, is charged with criminal mischief 4th and harassment 2nd. Prescott is accused of kicking and punching a victim multiple times during a fight at a location on Oak Orchard Road, Elba, at 11:48 a.m. on Aug. 24. She is also accused of breaking the victim's property. She was held pending arraignment.

Aldrin Josue Solorzano, 23, of Clifton Avenue, Batavia, is charged with petit larceny. Solorzano is accused of stealing merchandise from Walmart at 9:52 p.m. on Aug. 23. Solorzano was processed at the Genesee County Jail and released. Also charged was Yanela Karen Molina, 23, of Clifton Avenue, Batavia.

Jennifer Jean McCarty, 52, of Macomber Road, Batavia, is charged with petit larceny. McCarty is accused of shoplifting at Walmart on Aug. 26 at 4:32 p.m. She was processed at the Genesee County Jail and released.

Brett Nelson Mogoffin, 49, of River Road, Pavilion, is charged with endangering the welfare of a child and criminal obstruction of breathing.  Mogoffin was arrested on Aug. 29 in connection with an incident reported at 8:18 p.m. on Aug. 22 at a location on River Road, Pavilion. He was issued an appearance ticket.

Eric Nshimirimana, 28, of Churchlea Place, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Nshimirimana was topped at 2:41 a.m. on Aug. 30 on Clinton Street Road, Stafford, by Sgt. Mathew Clor. He was released on an appearance ticket.

Kathleen Melissa Pritchard, 45, Main Road, Stafford, is charged with criminal mischief 3rd and harassment 2nd.  Pritchard is accused of breaking a TV by knocking it off its stand and hitting a person multiple times in the face during a disturbance on Main Road, Stafford at 10:55 a.m. on Aug. 29.

Holly Lynn Fearby, 34, of Edwards Street, Batavia, is charged with welfare fraud 3rd and offering a false instrument for filing. Fearby is accused of failing to list sales income enabling her to received $3,505 in SNAP benefits. She was arrested on Sept. 2 and held pending arraignment.

Charles William Piehl, 56, no address given, Cohocton, is charged with criminal possession of a controlled substance 7th, driving on a suspended registration, and driving without insurance. Piehl was stopped at 3:04 a.m. on Aug. 3 on Clinton Street Road, Bergen, by Deputy Soren Calderon.  He was allegedly found in possession of drug paraphernalia with narcotics residue. He was released. Also charged with criminal possession of a controlled substance was Christina Maria Semmel, 21, no address given, Rochester.

Gustavo Segundo Diaz-Carvajal, 29, of Federal Drive, Batavia, is charged with assault 2nd.  Diaz-Carvajal is accused of assaulting another detainee at the Buffalo Federal Detention Facility at 7:35 p.m. on June 23 with the intent to cause serious physical injury. He was arrested on Sept. 4.

Louis Steven Szabo, 24, of Hutchins Street, Batavia, and Brandon Marshall Weig, 36, of Vine Street, Batavia, are charged with petit larceny and conspiracy 6th. Szabo and Weig are accused of working together to shoplift from Walmart at 5:59 p.m. on Sept. 3. They were processed at the Genesee County Jail and released.

Four people accused of selling crack cocaine in Batavia

By Howard B. Owens
Norman Michael
Norman Michael

The Local Drug Task Forced announced on Tuesday the arrest of four people in connection with an investigation into the possession, transport, and sale of crack cocaine in the city of Batavia.

Taken into custody were:

 

Norman P. Michael, Jr., 39, of Bank Street, Batavia. He is charged with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree. Michael was arrested on Aug. 26 on a warrant stemming from a sealed indictment while in custody on unrelated matters. He is accused of selling crack cocaine to an agent of the task force while in Batavia.

Shannon Armstead
Shannon Armstead
charles macey
Chales Macey

Paul "Twin" Lee, 52, of Helena Street, Rochester. He is charged with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree. He was arrested on Aug. 19 on a sealed indictment by Batavia Police NET officers. Lee is accused of selling crack cocaine to an agent of the task force on two occasions in Batavia.

Shannon M. Armstead, 31, of North Spruce Street, Batavia. She is charged with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree. Armstead was arrested on a sealed indicment on Aug. 20 by Batavia Police NET officers.  She is accused of selling crack cocaine to an agent of the task force on two occasions in Batavia.

Paul Lee
Paul Lee

Charles D. Macey, 44, of State Street, Batavia, is charged with one count of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree.  Macy was arrested on a sealed indictment on Aug. 22 by Batavia Police NET Officers. Macey is accused of selling crack cocaine to an agency to the task force in Batavia.

Michael and Lee were arraigned in County Court and ordered held. Armstead was arraigned and released on her own recognizance. Macy was arraigned and released under supervision.

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