crime

Press release:

On Sept. 9 at approximately 11 a.m. the city of Batavia Emergency Response Team (ERT), comprised of members from the city of Batavia Police Department and Genesee County Sheriff's Office, assisted the Genesee County Local Drug Task Force with the execution of two search warrants at separate addresses on South Main Street in the City of Batavia. 

The search warrants were executed at apartments located at 11 South Main St. and 61 South Main St. Several people were taken into custody and are being processed by the Drug Task Force at this time.  

Further information on the identity of those arrested and charges will be released by the Drug Task Force at a later time. 

There were no reported injuries during either search warrant execution, and the immediate area was evacuated or advised to shelter in place during the operation as a precaution.  

"We wish to thank the community for their tips and information on both of these addresses as we work hard to hold those accountable that illegally distribute drugs in our City," said Chief Shawn Heubusch.

A 48-year-old man accused of firing a weapon at a white SUV that looked like a law enforcement vehicle on Aug. 29 was later released on his own recognizance, according to court documents obtained by The Batavian. 

Robert James Talbot, of Batavia, was arraigned in Centralized Arraignment Part Court, but his prior federal convictions were not sufficient for the judge to set bail or order him held.

He was arraigned in the early morning of Aug. 29.

He was charged with two counts of criminal possession of a weapon in the fourth degree, reckless endangerment in the first degree, and criminal mischief in the third degree.

Those are not qualifying offenses for bail or pre-trial confinement.

The judge noted he had a criminal history but "not two felonies."

The judge can set bail if a defendant has been sent to prison on two separate occasions.

Court documents contain a statement from the owner of the vehicle, who said he was driving a "white 2016 police package Ford Explorer."

He parked at a mobile home lot at 5066 Clinton Street Road, where he was visiting a friend. 

"Moments after I entered the residence, I heard what sounded like two gunshots," the victim wrote. "I didn't think much of it at that time. Then again, between 12:00 -- 12:30 p.m., I heard two more gunshots. Again, I wasn't concerned with the sounds. It was around that time that my friends were going to leave their residence for an appointment, so I, too, was going to leave as I returned to my vehicle. I grabbed my door handle and saw debris on my driver's seat. I then saw more debris on my dashboard. It was then I saw that my windshield looked like it had been shot."

There were four bullet holes in the windshield.

The victim called 9-1-1, and a state trooper was dispatched. State police investigated and concluded the shots came from a specific location. 

The investigation led to the arrest of Talbot.

Talbot was allegedly found in possession of a Savage Mark II .22 LR Rifle and an H+R 1871 Pardner Pump 20-gauge shotgun.

In 2014, while in Texas, Talbot allegedly set up a Facebook page where he tried to recruit followers for an insurgency.  He revealed plans to rob banks to fund the insurgency.  

He was convicted of attempted interference with commerce by robbery and solicitation to commit a crime of violence and was sentenced to Federal Prison in November 2015.

It's unclear on when he was released and when he returned to Batavia.

After learning of his release, Assembly Steve Hawley issued a statement pointing to the case as an example of lax bail reform laws for Talbot's release.

“Once again, we see the disastrous results of bail reform; this man was and is a clear and present danger to society, but unfortunately, due to big city liberals’ soft-on-crime attitude, he was able to walk free and can roam the streets again," Hawley said. "The fact that someone who once went to federal prison for terroristic activities and then fired a gun at cars is not able to be held in jail is asinine. If this isn’t someone who should not be allowed on our streets, then I don’t know who is. One thing is abundantly clear: bail reform must be repealed, and we must allow our judges to determine bail for dangerous individuals; if we don’t, incidents like this one will keep on occurring.”

His next scheduled court appearance is Sept. 10 at 10 a.m. in Batavia Town Court.

 Previously:

• Former Batavia resident in Texas accused of plotting an insurgency
• State Police investigating shots fired in mobile home park on Clinton Street Road
• Man accused of firing shots in Batavia mobile home park previously accused of terror plot in Texas

James Christopher Francis, 45, of Falconer Street, North Tonawanda, is charged with menacing a police officer, criminal possession of a weapon 3rd, menacing 1st, and criminal mischief.  At 2:32 a.m. on Aug. 12, deputies responded to Buffalo Street, Bergen, for a report of a man threatening people with a knife. Deputies were able to disarm the suspect and take him into custody. James was held pending arraignment.

Matthew Aaron Howe, 34, of Country Route 64, Hornell, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and inadequate plate lamps. Jpw was stp[[ed at 10:57 p.m. on Aug. 1 on Broadway Road, Bethany, by Deputy Zachary Hoy. Howe was issued an appearance ticket and released.

Tahja Denise Allen, 22, of Schreck Avenue, Buffalo, is charged with DWI and driving with a BAC of .18 or greater.  At about 12:45 a.m. on Aug. 7, the Sheriff's Office received a report of a vehicle on a ditch at the Darien Lake campground. Deputy Zachary Hoy was dispatched to investigate. Allen was identified as the driver. Allen was issued an appearance ticket.

James Edward Brown, 43, of Maltby Road, Oakfield, is charged with sex offender failure to provide a photograph.  Brown is accused of failing to provide his photograph to the NYS Sex Offender Registry while being classified as a Level 2 Sex Offender. He was released on an appearance ticket.

Brandon Roddy Brade, no age provided, no residence provided, is charged with criminal contempt 2nd.  Brade is accused of violating an order of protection at 12:19 a.m. on Aug. 8 at a location on Phelps Road, Pembroke. He was held pending arraignment.

Tonya Roselynn Hadsell, 31, Clair Carrier Road, Friendship, is charged with criminal possession of a controlled substance 7th. At 3:46 p.m. on Aug. 8, Deputy Leah Bezon and Deputy Zachary Hoy were dispatched at the Dollar General on Route 63 in Pavilion to investigate a possible intoxicated driver.  As a result of an investigation, Hadsell was allegedly found in possession of Fentanyl. She was issued an appearance ticket.

Cheryl Ann Maines, 55, of Chadlee Drive, Brockport, is charged with DWI, driving with a BAC of .08 or greater, improper left turn, and unsafe turn. Maines was stopped at 12:40 a.m. on Aug. 10 on Park Road, Batavia, by Deputy Jacob Kipler. Kipler was issued an appearance ticket.

Malik Isiah Ayala, 32, of Walnut Street, Batavia, is charged with petit larceny. Malik is accused of stealing merchandise from Walmart at 4:10 p.m. on Aug. 13. He was arraigned and released.

Brandi Nichole Arbia, 39, of West Main Street, Batavia, is charged with grand larceny 4th and offering a false instrument for filing 1st. Arbia is accused of stealing $2,372 in SNAP benefits. She was issued an appearance ticket.

Noah Stuart Smith, 19, of Chipman Place, North Tonawanda, is charged with criminal mischief 3rd. Smith is accused of intentionally damaging a mobile phone while at the Chris Stapleton Concert at Darien Lake Performing Arts Center at 10:45 on July 12. He was issued an appearance ticket.

Ahmire Dionzlyer Morgan, 19, of Delsan Court, Buffalo, and Raequan Ariz Reed, Sr., 28, of Delsan Court, Buffalo, are charged with grand larceny 4th. Morgan and Reed are accused of stealing merchandise from a retail store on Veterans Memorial Drive. The Sheriff's Office did not release the name of the store.

Chad J. Evans, 34, of Weever Street, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater, and three counts of aggravated unlicensed operation. Evans was stopped at 2:05 a.m. on Aug. 17 on East Main Street, Batavia, by Deputy Jacob Kipler. Evans was held pending arraignment.

Joseph Michael Flanagan, 39, of Lawrence Road, Hilton, is charged with DWI, failing to yield the right of way on a left turn, and failing to yield the right of way when entering a roadway. Flanagan was stopped at 2:22 a.m. on Aug. 17 on Park Road, Batavia, by Sgt. Mathew Clo. He was issued an appearance ticket.

Brandon Michael Crawford, 22, no address listed, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Crawford was stopped at 1:41 a.m. on Aug. 10 on Route 5, Batavia, by Deputy Jeremiah Gechell.  He was issued an appearance ticket.

A 48-year-old man accused on Wednesday of firing a gun at an unoccupied car at a mobile home park in Batavia was accused in Texas in 2014 of plotting an insurrection and planning the mass murder of men, women, and children at a mosque in Washington D.C.

Robert James Talbot Jr., who attended Pembroke High School and once lived on Pratt Road in Batavia, was admitted in Federal Court in 2014 to attempted interference with commerce by robbery and solicitation to commit a crime of violence and was sentenced to Federal Prison in November 2015.

State troopers arrested him on Wednesday following an investigation into an incident at Babcock Mobile Home Park, 5066 Clinton Street Road, Batavia, and charged with reckless endangerment in the first degree, criminal mischief in the third degree, and two counts of criminal possession in the fourth degree.

The vehicle was apparently struck six times by bullets. State Police gathered forensic evidence to determine where the shots had been fired from, along with interviews, which led to the arrest of Talbot. Talbot was allegedly found in possession of a Savage Mark II .22 LR Rifle and an H+R 1871 Pardner Pump 20-gauge shotgun.

According to court documents from 2014, Talbot created a Facebook page in 2013 called the American Insurgent Movement, where he shared his plans and tried to recruit "like-minded" people.

He reportedly recruited undercover FBI agents.

Then a Katy, Texas resident, he said his goal was to “to restore America Pre-Constitutionally and look forward to stopping the Regime with action by bloodshed.”

According to the documents, he planned to fund his insurgency by robbing banks and to kill everybody working for banking cartels.

He also said he wanted his recruits to use full-automatic AK-47s to send the "Muslim brotherhood a message they will never forget."

He also wrote a manifesto that said, “We must rebel. There is no other option no. Blood and bullets are the only two things that will change this world, short of divine action.”

NYSP investigators have not shared any information about Talbot's possible motivation for firing gunshots at the 2016 Ford Explorer, which did have the appearance of a law enforcement vehicle.

The date of his next court appearance has not been released. As of Thursday morning, he was being held pending arraignment in Centralized Arraignment Part Court.  His current release status is unknown.

State Police said he has no known residential address.

State Police are investigating an apparent shots-fired incident at 5066 Clinton Street Road, Batavia.

A photo of a white SUV submitted by a reader looks like it could be an unmarked law enforcement vehicle and shows, potentially, six bullet pockmarks, including four in the windshield.

According to Trooper James O'Callahan, the public information officer for Troop A, there were no injuries. However, O'Callahan was not on duty Wednesday night, and he said he couldn't provide more information until Thursday.

The vehicle was unoccupied at the time the shots were fired, O'Callahan said. O'Callahan did not comment on whether the vehicle was law enforcement or not.

He said an arrest has been made.

UPDATE: Press release from NYSP, Troop A:

On August 28, 2024, The Bureau of Criminal Investigation arrested Robert J. Talbot, 48 with no known address for Reckless Endangerment 1st degree, Criminal Mischief 3rd degree and Criminal Possession of a Weapon 4th degree (2 counts).

On August 28, 2024, at 12:39 P.M., Troopers out of SP Batavia responded to a complaint of a parked vehicle believed to be shot by a weapon at Babcock Mobile Home Park, Clinton Street Road in the town of Batavia. Investigation determined that an unoccupied 2016 Ford Explorer parked on the street was shot multiple times in the windshield. The NYSP Forensic Identification Unit began processing the scene to designate an area of interest as to where the shots originated from. With further interviews and after processing the scene, Talbot was arrested and the two weapons a Savage Mark II .22 LR Rifle and an H+R 1871 Pardner Pump 20 gage shotgun were recovered from the residence following a consent to search. Talbot is a convicted felon.

Talbot was transported to SP Batavia for processing and taken to Genesee County CAP Court pending arraignment.   

Jon H. Bush, Jr., 41, of Batavia, was arrested on two warrants and also charged with assault 2nd and obstructing governmental administration 2nd.  On Aug. 5, Batavia patrol officers conducted a traffic stop on Park Road and observed Bush attempting to hide in the back seat. Officers were aware of warrants for Bush's arrest. He was ordered to exit the vehicle. After getting out, Bush allegedly attempted to flee on foot. He allegedly fought with officers and injured one of them before he was taken into custody. He was arraigned in City Court and jailed without bail.

Vinayek A. Graves, 20, of Kansas City, Kansas, is charged with possession of a forged instrument 2nd, identity theft 1st, and forgery 2nd. Graves was arrested on Aug. 8 following an investigation into a fraud complaint. He was arraigned and released.

Nicholas M. Ricigliano, 40, of Batavia, is charged with petit larceny. Ricigliano is accused of stealing an umbrella stand from a business on Bank Street on Aug. 21. He was issued an appearance ticket.

Branco J. Blanco, 60, of Batavia, is charged with dog running at large and owning an unlicensed dog. It is alleged that Blanco allowed two dogs to run at large on State Street on Aug. 18. The dogs allegedly bit a person who was walking in the area.  Blanco was issued an appearance ticket.

Jeffrey G. Ellinwood, 65, of Batavia, was charged with criminal trespass 2nd and criminal mischief 4th. It's alleged that Ellinwood broke into a residence on Porter Avenue on Aug. 15. He was arraigned and released.

Jerry T. Saddler, Jr., 48, is charged with criminal mischief 4th, criminal obstruction of breathing, and harassment 2nd. Saddler is accused of striking another person, grabbing that person by the neck, and taking the person's phone to keep the person from calling for help. He also faces charges from an Aug. 14 of criminal obstruction of breathing involving the same victim. He was arraigned in City Court and held in the Genesee County Jail.

Michael C. Smith, 32, of Batavia, was arrested on four warrants. The warrants were issued after Smith allegedly failed to appear in court on four separate criminal cases. He was arraigned in City Court and remanded to the Genesee County Jail. 

Geoffrey M. Anderson, Jr., of Brockport, was arrested on Aug. 16 on two warrants, including a warrant alleging bail jumping 3rd. The warrants were issued after Anderson allegedly failed to appear in court on a trespassing charge from 2017. He was arraigned in City Court and released. 

Aaron Joshua Anwar, 18, of Batavia, is charged with petit larceny. Anwar is accused of stealing merchandise from Dick's Sporting Goods on July 31 at 3:03 p.m. He was processed at the Genesee County Jail and released on an appearance ticket.

Leeanne Krull, 55, of West Main Street Road, Batavia, is charged with criminal contempt 2nd. Krull is accused of violating an order of protection at 12:43 p.m. on July 31 at a location on West Main Street Road, Batavia.  The order of protection had been issued in Centralized Arraignment Part Court just hours earlier. Krull was processed at the Genesee County Jail and released.

Justin Timothy Gladney Sr., 35, of West Main Street Road, Batavia, is charged with promoting prison contraband 1st and criminal possession of a controlled substance 7th.  Gladney is accused of bringing crack cocaine into the Genesee County Jail at 9 a.m. on Aug. 1. He was held for arraignment.

Tricia M. Blatt, 37, of East Main Street, Byron, is charged with endangering the welfare of a child.  Deputies were dispatched at 1:40 a.m. Aug. 3, to Byron to investigate a complaint of a broken window, possible criminal mischief.  Deputies located Blatt and determined she was allegedly too impaired to care for her child. There was no evidence of criminal mischief. Blatt was arraigned and released.

The following people were charged on Aug. 1 while attending the Kenny Chesney concert at Darien Lake Performing Arts Center:

• Jonathon M. Morris, 19, of Rochester, was charged with trespass after allegedly reentering the concert venue following an ejection.
• Avery J. Dieterle, 19, of Akron, is charged with trespass after allegedly reentering the concert venue following an ejection.
• William A. McCray, 57, no permanent address, is charged with harassment 2nd after allegedly striking another person while inside the concert venue.

The ongoing pre-trial process for two defendants connected to an incident at Batavia Downs on March 9 that led to the death of Sgt. Thomas A. Sanfratello continued in Genesee County Court on Friday morning.

Michael J. Elmore is charged with first-degree manslaughter, and Lyndsey J. Wilcox, charged with assault in the second degree, appeared separately in court for hearings on the admissibility at trial of statements they made on March 9 and 10 to police officers. 

The hearings, called a Huntley Hearing, are standard pre-trial appearances in criminal cases.

Sanfratello died shortly after midnight at Batavia Downs during a disturbance that allegedly involved Elmore and Wilcox.  The incident began when Sanfratello, working a special detail at the casino, was dispatched to 34 Rush, a bar in the casino, for a disturbance. He asked those involved, which reportedly included Elmore and Wilcox, to leave the facility.  Wilcox was reportedly complying when she started to resist. Elmore then allegedly attacked Sanfrantello. During the struggle, Sanfrello reportedly suffered a medical event, possibly involving his heart, and died.

Today's hearing focused on statements made by Elmore and Wilcox that were captured by body-worn cameras of police officers, a corrections officer, and a criminal investigator.

At the end of the hearings, Judge Donald O'Geen said to issue a written ruling before the defendant's next court appearance in on Sept. 20.

The first witness called was Deputy Kevin McCarthy, who testified that while preparing to transport Elmore back to the Monroe County Jail following a hearing in Batavia Town Court on March 12, Elmore made the spontaneous (meaning nobody in law enforcement asked him a question or otherwise spoke to him) statement "my life is over." (The Batavian also video recorded Elmore leaving the courthouse -- see video at the top of this story)

No other witnesses were called during Elmore's hearing.

Detective Jason Ivison, Batavia PD, testified that his first contact with Wilcox was just before noon on March 10, when he interviewed Wilcox at the Genesee County Jail. Ivison was apparently the first person to inform Wilcox that Sanfratello had died.

She was already distressed, he said, and that news upset her more.

He read her his Miranda warnings ("You have the right to remain silent," etc.) and then questioned her. His body-worn camera was turned on a DVD of the recording was entered into evidence. 

She agreed to talk with Ivison.

Ivison said Wilcox told him that she had been drinking heavily before going to Batavia Downs and that she had blacked out. She said she didn't remember anything from her time at the casino and didn't understand why she was in jail.

Batavia Patrol Officer Joseph Weglarski testified that he responded to the incident on March 9 while it was in progress. He was later assigned to drive Wilcox to the Genesee County Jail.

He said he didn't ask Wilcox any questions and made no statements to her.  He said she called him several expletives, including "bitch" and "dumb-dumb." 

He said his body-worn camera was on the entire time during the transport. A DVD of that recording was entered into evidence.

Senior Corrections Officer Jason R. Queal took the stand next.

Queal testified he was on duty when Wilcox was brought into the jail for processing, and he handled her intake. He said didn't know why Wilcox was brought to the jail. He later learned there had been a disturbance at Batavia Downs and, then, later learned that Sanfratello had died. Still, during that entire morning, he did not know Wilcox and Elmore were involved in that incident. 

He said Wilcox indicated she did not know why she was at the jail. 

Then Elmore was brought in for intake processing. 

During intake for both defendants, Queal had his body-worn camera attached to his uniform and turned on.

The two defendants were in separate but neighboring cells.  When Elmore started yelling and accusing Queal of breaking his arm, Queal activated his body-worn camera again (it had been off for 45 minutes to an hour). He placed it on a table so that if faced Elmore's cell (the view of Wilcox's cell was blocked by equipment).

He said Wilcox could be heard on the recording. 

He said Elmore was making threatening statements toward him and about law enforcement in general.

He said Wilcox was asking anybody she could why she was in jail. He said he told her he didn't know and didn't hear anybody else give her a reason for her confinement. 

After the hearings, O'Geen said jury selection in the trials will begin on June 16 and take at least three days. The two trials are expected to up to a month, going into the middle of June.

After court, District Attorney Kevin Finnell confirmed both trials would be held simultaneously with both defendants in the courtroom. He said it will be up to the defense attorneys to elect whether to have a single jury for both defendants, separate juries, or have one or both defendants receive a bench trial (no jury, with the judge deciding guilty or not guilty).  He said there is no indication yet how the defense will decide to proceed.

For previous coverage of the case and related events, click here.

Nicole M. Will, 43, of Teachers Lane, Orchard Park, is charged with grand larceny 3rd.  Will is accused of stealing $15,585.07 from the Pembroke PTA bank account while serving at the PTA president and treasurer from January 2019 to April 2024. She was arrested on July 30. She was held pending arraignment.

Nathanial S. Thompson, 23, of Albion, is charged with burglary 2nd, criminal mischief 34d, conspiracy 4th, criminal possession of a weapon 2nd, and grand larceny 3rd. Thompson is accused of breaking into Barrett's Batavia Marine on May 27 and stealing several guns. He was arrested on Aug. 13, arraigned in City Court, and jailed without bail.

Paul R. Hoffman, 50, of Buffalo, is charged with failure to report a change of address as a sex offender. He was arrested on Aug. 5 for allegedly moving and then allegedly failing to update his address as a Leve 2 sex offender. He was arraigned and released.

Nicole L Cramer, 34, of Batavia, was arrested on Aug. 9 on a warrant on a charge of criminal mischief 4th. Cramer is accused of damaging a door during a fight on Columbia Avenue on Feb. 22, 2022. Batavia patrol officers located cramer in a vehicle during a traffic stop on East Main Street, Batavia. She was arrigned in City Court and released.

Mark W. McWethy, 56, of Batavia, is charged with petit larceny. McWethy is accused of stealing merchandise from Tops on Aug. 10. He was issued an appearance ticket.

Lynn C. Fryling, 75, of Batavia, is charged with harassment 2nd. Fryling is accused of threatening to shoot another person during an argument on Redfield Parkway on Aug. 8. She was issued and appearance ticket.

Edward David Grant III, 28, of Walbar Street, Rochester, is charged with reckless endangerment, unlawful fleeing a police officer in a motor vehicle 3rd, aggravated unlicensed operation 2nd, reckless driving, and spending. Grant is accused of fleeing from a deputy attempting to make a traffic stop at 4:24 pm. on July 25 in the Town of Stafford. He allegedly led police on a high-speed car through the town of Batavia and the city of Batavia and onto the Thruway. Grant was taken into custody on the Thruway after a spike strip was deployed. He was held pending arraignment.

Charles Wayne Mobus, 38, of Terrace Lane, Elma, is charged with harassment 2nd. Mobus was charged following a complaint of a disturbance on Park Road in the town of Batavia at 11:41 p.m. on July 26. No further details released. He was issued an appearance ticket.

Lisa J. Boyer, 48, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to obey traffic device. Boyer was arrested by Deputy Ryan Mullen following a report on Route 98 in the town of Batavia of a traffic accident 10:11 p.m. on July 26. She was issued an appearance ticket.

Randal Rager Spangenberg, 49, of E. Elgin Green, Port Hueneme, Calif., and Amanda Autumn Maben, 46, of West Fifth Street, Oxnard, Calif., are each charged with criminal possession of a controlled substance 4th, criminal possession of a controlled substance 7th, and criminal use of drug paraphernalia. Spangenberg was reportedly the driver, and Maben, a passenger of a vehicle that was stopped by deputies Alexander Hadsall and Matthew Wesolowski at 6:14 p.m. on July 23 on Route 77 in Pembroke. Deputies reportedly found narcotics in the vehicle. Both were held pending arraignment.

Abigail Shawn Ransom-Taylor, 32, of Plantation Boulevard, Liverpool, is charged with felony DWI and felony driving with a BAC of .08 or greater. Ransom-Taylor was stopped at 6:41 p.m. on July 10 on Depot Street, Corfu, by Deputy Trevor Sherwood. Ransom-Taylor was arraigned on July 11 and released.

Christina M. Flagg, 43, of E. Wautoma Beach, Hilton, is charged with resisting arrest and disorderly conduct.  Flagg is accused of causing a disturbance at Darien Lake at 6:13 p.m. on July 27. She allegedly refused to leave the property when told to do so by Darien Lake security personnel. Flagg is also accused of resisting arrest when deputies attempted to place her into custody. Flagg was released on a appearance ticket.

Eric J. Flowers, Randy G. Leach, Sara J. Anzalone, Christopher L. Rebmann, and Shanda L. Williams (no ages nor residences provided), are all charged with criminal possession of a controlled substance 7th. The five people were charged following a traffic stop on Aug. 5 on an undisclosed street by members of the Batavia PD NET Unit. During the stop, K-9 Batu responded to the scene and reportedly alerted to the presence of narcotics in side the car. Officers reported discovered crack cocaine, a digital scale, and drug paraphernalia. The occupants were issued appearance tickets.

Mark W. McWethy, 56, of Batavia, is charged with criminal possession of a controlled substance 4th and criminal possession of a controlled substance 7th. McWethy was arrested on Aug. 7 after police were called to the parking lot of 7-Eleven on East Main Street for a report of a person slumped over a while of a vehicle. During an investigation, police reportedly located crack cocaine and prescription pills inside the vehicle. McWethy was arraigned in City Court and jailed without bail.

Tanisha A Nealy, 36, of Batavia, is charged with criminal possession of a weapon 3rd, menacing 2nd, and endangering the welfare of a child. Nealy is accused of threatening another person with a knife on July 31 during a fight on Holland Avenue. She was arraigned in City Court and released.

Timothy W Szurgot, 39, no residence provided, is charged with grand larceny 4th. Szurgot  is accused of stealing a vehicle from the parking lot of Quicklees on Sept. 30. He was arrested on July 16. He was arraigned and released.

Bryant W. Herdtner, 36, of Batavai, is charged with criminal possession of a weapon 3rd and menacing 2nd. Herdtner is accused of threatening another person with a sledgehammer during a fight on Tracy Avenue on July 15. He was arraigned and released.

Brant G. Matthews, 29, of Batavia, is charged with resisting arrest of obstruction of governmental administration 2nd. It's alleged that Matthews fled from police on foot on July 22 when they attempted to arrest him on unrelated charges. He was issued an appearance ticket. He is also charged with petit larceny. He is accused of stealing a bicycle on East Avenue on July 20.

Mitchell D. Merrill, 38, of Batavia, is charged with criminal possession of a controlled substance 4th and conspiracy 6th. He is also charged with criminal possession of a controlled substance 7th. On July 16, Merrill was allegedly found in possession of stolen porperty in the parking lot of Speedway.  He was issued an appearance ticket. On July 18, he was allegedly found in possession of crack cocaine when police arrested him on unrelated chargeds. He was issued an appearance ticket.

Gregory D. Nevinger, 38, of Batavia, is charged with harassment 2nd. Nevinger was arrested on July 18 for allegedly threatening another person during a fight on Bank Street. He was arraigned in City Court and released.

Haley M Stempniak, 22, of Batavia, is charged with DWI. Stempniak was charged following a report of an accident on East Main Street on July 17. She was issued an appearance ticket.

Ryan T Ziegler, 33, of Attica, is charged with DWI. Ziegler was charged following a report of an accident on July 20 on Wast Main Street, Batavia. He was issued an appearance ticket.

Gary L Naylor, 30, of Batavia, is charged with DWI. Naylor was the subject of a traffic stop on July 21 on Washington Avenue. He was issued an appearance ticket.

Nicholas C. Kingdollar, 28, of Batavia, is charged with criminal contempt 1st and assault 3rd. Kingdollar is accused of fighting on July 27 with a person protected by restraining order and causing injury to that person. He was arraigned and released.

Haley M. Merrill, 32, of Batavia, is charged with criminal possession of stolen property 4th and conspiracy 6th. Merrill was allegedly found on July 31 in possession of a stolen purse and credit cards. She was issued an appearance ticket.

Terry N. Holloway, 41, of Batavia, is charged with grand larceny 4th, criminal possession of stolen property 4th, and criminal mischief 4th. Holloway is accused of stealing a motorcycle on July 23 from a residence on Wood Street. He was arraigned in City Court and jailed.

Louis S. Szabo, 24, of Batavia, and Hillary D. Russell, 31, of Batavia, are charged with trespass. Szabo and Russell are accused of trespassing on property on Evans Street on July 24. Szabo is also charged with criminal mischief 4th. He also allegedly damaged property. They were issued appearance tickets.

Justin T. Gladney, 35, of Batavia, is charged with criminal contempt 2nd. Gladney is accused of contacted a person over social media in violation of a court order. He was arrested on July 29. He was issued an appearance ticket.

 Daniel J Bakowski, 43, of West Valley, is charged with objectructing governmental administration 2nd and failure to stop at stop sign. Bakowski was arrested on July 23 after a police officer, with the City of Batavia NET Unit attempted to arrest Bakowski on several outstanding warrants. Bakowski allegedly fled from police on an e-bike, before being stopped and taken into custody. He was issued an appearance ticket and held at the Genesee County Jail, for arraignment on his warrants.

Edward D. Grant, III, 28, is charged with unlawful fleeing 3rd and multiple vehicle and traffic violations. Grand is accused of fleeing from Batavia patrol officers and Sheriff's deputies on July 25. The chase passed through the city of Batavia before ending on the Thruway. Grant was issued several tickets.

Navaeh C. Welch, 19, of Batavia, and a 16-year-old female are charged with disorderly conduct. The pair were charged following an investigation in to a fight on July 20 in Austin Park. During the fight there were reportedly multiple people in the park. Both were issued appearance tickets.

Ashley T. Bowman, 19, of Batavia, was arrested on July 25 on a warrant for charges of trespass and criminal mischief 4th. Bowman is accused of entering a property on May 27 on Dewey Avenue and threw a rock at a window. She was arraigned in City Court and released.

Eric A Spikes, 47, of Batavia, is charged with failure to register as a sex offender. Spikes is accused of failure to update his address as required by court order. He was arraigned in City Court and jailed.

Dominic D Czerniak, 25, of Batavia, is charged with criminal trespass 2nd. Czerniak  was arrested on July 31 and accused of enterintg another person's residence the previous day. He was issued an appearance ticket.

Todd S. Esposito, 53, of Rochester, is charged with DWI. Esposito was stopped on Aug. 2 on Clinton Street by Batavia PD. He was issued traffic tickets and released.

Todd L. Kraft, 37, of Niagara Falls, is charged with DWI. Kraft was stopped on July 28 on West Main Street, by a Batavia patrol officer. He was issued several traffic tickets and released.

O’Darius A. Hamilton, Taheed M. Moffett and Carlos D. Hightower (no ages nor residential information provided by Batavia PD) are charged with multiple crimes following a traffic stop on July 15 on Ellicott Street by members of the Batavia PD NET Unit. They were all charged with criminal possession of a weapon 2nd and criminal possession of stolen property. Moffet and Hamilton were charged with criminal possession of a controlled substance 3rd. Hamilton was also charged with criminal possession of a controlled substance 4th and two counts of criminal use of drug paraphernalia 2nd.  During the traffic stop, officers allegedly found a large quantity of narcotics and a loaded handgun. The handgun had been previously reported stolen. All three were arraigned and released.

Richard C. Dumbleton and Robert J. Karker (no ages nor residential information provided by Batavia PD) are charged with two counts of criminal possession of a controlled substance. Dumbleton is also charged with criminal possession of a weapon, two counts of criminal use of drug paraphernalia and a traffic violation. On July 21, Batavia patrol officers conducted a traffic stop on Raymond Avenue. As a result of a search of the vehicle, officers reportedly found a large quantity of narcotics. Dumbleton was arraigned and released. Karker was held as a fugitive from justice on a warrant issued in Kentucky.

Lorendia S. Templeton, 29, of Farmington, was charged on July 8 with attempted assault 1st, menacing 2nd, and criminal possession of a weapon 4th. Templeton is accused of hitting another person with a baseball bat during a fight on Elm Street, Batavia, on July 7. He was arraigned and released.

Krystle D. Sanders, Dajuandrick C. Gardner, and Ashley M. Davis are charged with endangering the welfare of a child. The three suspects are accused of watching and encouraging two juveniles to fight on State Street, Batavia, on June 6.  They were arrested on July 4 and issued appearance tickets.

Samuel J. Hernandez, 22, of Batavia, is charged with petit larceny. Hernandez is accused of stealing the tip jar from Blondie's Sip-N-Dip on July 14. He was issued an appearance ticket and released.

Penny S. Hofert, 58, of Batavia, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Hofert was arrested on July 15 following an investigation into drug sales in the city of Batavia. She was arraigned and released.

David J. Vega, 59, of Rochester, was arrested on July 15 on two warrants. The first warrant stems from a traffic stop, where Vega was issued a misdemeanor traffic ticket but allegedly failed to appear in court. The other warrant was issued after Vega allegedly failed to appear in court on a robbery charge from 2019. He was arraigned and remanded to the Genesee County Jail.

Michael J. Miller, 46, of Batavia, was arrested on July 18 on two warrants. Miller is accused of failure to register a change of address as a sex offender on two separate occasions. He was arraigned and jailed.

Cindy I. Bush, 62, of Batavia, is charged with criminal possession of a controlled substance 7th. Bush was allegedly found in possession of cocaine and fentanyl on Oct. 26 in the city of Batavia. She was arrested on July 16 and issued an appearance ticket. 

Laquita O. Jackson-Thomas, 41, of Rochester, was arrested on July 14 on a warrant for allegedly failing to appear in court on a traffic ticket. She was arraigned and released.

Jon H Bush, 64, is charged with criminal possession of a controlled substance 7th. Bush is accused of possessing cocaine on Oct. 26 in the city of Batavia. He was arrested on July 11 and issued an appearance ticket.

Michael C. Smith, 32, of Batavia, is charged with petit larceny. Smith is accused of stealing a wagon from T.F. Brown's on July 16. He was issued an appearance ticket.

Dontre R. Woods, 34, of Batavia, was arrested on a warrant on July 16. Woods is accused of failure to appear on a traffic ticket. He was arraigned and released.

Christine A. Draper, 53, of Bethany, is charged with harassment 2nd. Draper is accused of punching another person in the face during a disturbance at Batavia Downs on July 13. She was issued an appearance ticket.

Ryan A. Decillis, 32, of Batavia, is charged with harassment 2nd. Ryan A Decillis is accused of shoving another person during an argument on July 8 at a location on Ross Street, Batavia. He was arraigned in City Court and released.

Samuel J. Hernandez, 22, of Batavia, is charged with petit larceny. Hernandez is accused of stealing the tip jar from Blondie's Sip-N-Dip on July 14. He was issued an appearance ticket and released.

Courtney B. Kacur, 21, of Le Roy, is charged with DWI. Kacur was charged after reportedly being found asleep at the wheel in a business parking lot on East Main Street, Batavia, on July 4. She was issued an appearance ticket.

Jonathan E. Garcia, 32, of Batavia, is charged with failure to register as a sex offender. Garcia was arrested on July 9. He is accused of failure to register e-mail and social media accounts. He was released on an appearance ticket.

Carl E. Canterbury, 53, and Brant G. Matthews, 29, both of Batavia, are charged with criminal possession of a controlled substance 4th. Officers with the Batavia Police NET unit conducted a traffic stop on Ellicott Avenue on July 4. During the investigation, officers searched the vehicle and allegedly located over four grams of crack cocaine. Canterbury was additionally charged with Aggravated Unlicensed Operation of a Motor Vehicle 3rd. Both were arraigned and released.

Kevin L. Henley, 32, of Cheektowaga, is charged with criminal trespass 2nd. Henley is accused of entering a residence in Batavia on July 10 without the owners' permission. He was issued an appearance ticket.

Thomas J. Mitchell, 34, of Batavia, is charged with petit larceny. Mitchell was arrested on July 10. He is accused of stealing a set of car tires and using them on his own vehicle. He was issued an appearance ticket.

Christopher M. Phillips, 27, of Batavia, is charged with menacing 2nd and criminal possession of a weapon 4th. Phillips is accused of threatening another person on July 8 with a knife during a fight on Bank Street. He was issued an appearance ticket.

Carlina T. Newton, 29, of Buffalo, is charged with criminal possession of a controlled substance 7th and harassment 2nd. On July 7, Batavia patrol officers responded to a report of a person wandering in traffic on West Main Street. Newton was taken into custody and taken to the hospital. While being detained, Newton was allegedly found in possession of crack cocaine. Newton is also accused of biting a police officer. She was issued an appearance ticket.

Jennifer L. Tucker, 48, of Batavia, was arrested on July 8 on a warrant. The warrant stems from a March traffic stop, during which Tucker was issued a misdemeanor traffic ticket. The warrant was issued when she allegedly failed to appear in court. Tucker was arraigned and released on her own recognizance. 

Lamar I. Randall, 38, of Batavia, was arrested on July 7 on a warrant. The warrant stems from a traffic stop in December 2023, during which Randall was issued misdemeanor traffic tickets. The warrant was issued when he allegedly failed to appear in court. Randall was arraigned and released. 

Daniel J Bakowski, 43, of West Valley, was on a warrant on July 23, charging him with criminal possession of a controlled substance 5th. On Dec. 2, Bakowski was allegedly found in possession of narcotics. He was arraigned and released.

Kamau S. Freeman, 30, of Buffalo, is charged with robbery 3rd, criminal contempt 1st, criminal mischief 3rd, and grand larceny 4th. Freeman was arrested on July 14 in connection with an incident where he allegedly forcibly stole property and damaged it and, in the process, violated a court order. He was arraigned and released.

The legal particularities of what evidence may be used at trial were the focus on Wednesday of a pair of hearings for defendants implicated in the death of Sgt. Thomas A. Sanfratello during a confrontation at Batavia Downs on March 10.

At issue is the legal sufficiency of a 710.30 notice, which refers to a portion of Criminal Procedure Law requiring the prosecution to provide notice to the defense of statements made by defendants to public officers.

The defense argues that District Attorney Kevin Finnell didn't provide enough detail in the 710.30 notice to alert them to which statements of their clients captured by police officer body-worn cameras might be used at trial.

County Court Judge Donald O'Geen pressed them on whether the detail they requested was really necessary, given that they received all of the body-worn camera footage obtained by the DA's office. He questioned whether it was realistic for the DA to be completely sure of which statements he might use at this state of the proceedings.

Both attorneys argued that the notices required more detail.

Finnell argued that he might very well use all of the video in question at trial, so the notice he filed provided sufficient information for the defense to prepare for trial.

The defendants are Michael J. Elmore and Lyndsey J. Wilcox. 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 (full list of charges at the end of this story).

Elmore is represented by Joseph A. Lobosco, and Wilcox is represented by Daniel Dubois and James Vacca.

The hearing on Wednesday morning was the next stage of the process that is likely to lead to criminal trials early next year for Elmore and possibly Wilcox (unless there is a plea agreement). At this stage, defense attorneys make motions, the people (prosecution) file their answering affidavits, then the judge hears limited oral arguments (the purpose of Wednesday's hearing) and then the judge reviews the motions and arguments and issues a ruling.

Lobosco also moved to dismiss the grand jury indictment against Elmore because, in his view, the DA asked too many leading questions (assertions rather than open-ended questions) during grand jury testimony.

"This tainted the entire grand jury process," Lobosco argued.

Finnell defended the grand jury testimony by noting that supposed leading questions were just drawing attention to portions of video and asking witnesses to affirm the accuracy of the video.

The other important issue for Dubois and Vacca in representing Wilcox was the validity of the burglary charge.  The burglary charge is predicated on the assertion that a person remained unlawfully on private property after being asked to leave with the intent to commit another crime.

Vacca argued that a review of the surveillance video shows that Sanfratello confronted Elmore, Wilcox and a third party inside of Rush 34, one of the bars inside of Batavia Downs, and apparently informed them they needed to leave the facility.  The video indicates Wilcox was cooperative and complying and is seen at one point, standing aside and laughing and joking with a female security guard. She then, he said, walks ahead of Sanfratello while being escorted out of the facility. Near the front door, there is, according to Vacca, an inadvertent brush of hands between Wilcox and Sanfratello.

Wilcox reacts to this and hits Sanfratello, so Sanfratello takes her to the ground and places her in handcuffs.  It is after she is in cuffs that Elmore allegedly attacks Sanfratello. 

Dubois argued that Wilcox should not be charged with assault based on the video evidence. That her actions constitution, at most, a violation of the harassment statute.

None of this, the attorneys argue, supports the assertion that Wilcox formed an intent to stay in the building in order to commit a crime.

Finnell countered that the action of Wilcox constituted resisting arrest and that her hitting Sanfratello became assault because he was a police officer conducting his official duties. He also argued that it isn't possible to know when Sanfratello's heart emergency, which eventually led to his death, started.  It could have started, he said, during the confrontation with Wilcox.

O'Geen is expected to issue a ruling before the next court appearances for Elmore and Wilcox on Aug. 23.

Both defendants remain in custody.

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.

Elmore and Wilcox are 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.

Press release:

The City of Batavia Police Department is looking for assistance in locating a dog that may have been stolen from a residence on Masse Pl. "Beau" is a 15 month old Corgi who is white with black and gray spotting on his back end. Beau is also deaf. Beau is believed to have been taken during the morning of July 27th. If you have any information to the whereabouts of Beau, please contact Officer Quider at 585-345-6350.

Eric James Flowers, 36, of Seven Springs Road, Batavia, is charged with felony driving while under the influence of drugs, vehicular assault 2nd, criminal possession of a controlled substance 7th, failure to yield the right of way, and failure to stop at a stop sign. Flowers was charged following an investigation into a three-vehicle accident at 8:29 a.m. on June 26 on East Main Street Road at North Ag Park Drive in Batavia.  He is accused of causing physical injury to another person while driving under the influence of drugs. He was issued an appearance ticket.

Donald Daniel Ryan, 40, of Main Road, Batavia, is charged with assault 2nd, robbery 3rd, criminal mischief 4th, and two counts of criminal obstruction of breathing and blood circulation. Ryan was arrested on July 4 following a victim report regarding an alleged assault on June on Park Road in Batavia. He is accused of applying pressure and of blocking the nose and mouth of a person to obstruct breathing and blood circulation. He was arraigned and jailed.

Anthony T. Wenhold, 36, of East Main Street, Batavia, and Laura M. Barber, 36, of East Main Street, Batavia, are both charged with petit larceny and conspiracy 6th. Wenhold and Barber are accused of passing through the self-checkout lane at Walmart on July 17 and not scanning all items in their cart, and then attempting to leave the store. The total value of the items was $173.11. They were both issued appearance tickets.

Travis Martin Klotzbach, 34, of Morning Glory Court, Mechanicsville, Va., is charged with DWI, speeding, open container, and failure to notify DMV of an address change. Klotzbach was stopped at 12:20 a.m. on July 6 on Lewiston Road, Batavia, by Deputy Jonathan Dimming. He was held pending arraignment.

Nicholas Edward McEneany, 26, of Clinton Street, Avon, is charged with petit larceny. McEneany is accused of stealing a can of beer from a concession stand at Darien Lake Performing Arts Center during the Red Hot Chili Peppers concert on July 12. He was issued an appearance ticket.

Maxwell William Matricardi, 28, of San Fernando Lane, East Amherst, is charged with criminal possession of a controlled substance 7th. Matricardi was allegedly found in possession of methamphetamine and Xanax during a larceny investigation at Batavia Town Center on Veterans Memorial Drive at 4:30 p.m. on July 17.

Jesse Edward Szczech, 44, of Plymouth Avenue, Rochester, is charged with 184 counts of criminal contempt 1st. No details about the case were released. He was processed at the Genesee County Jail and released.

Zachary Steven Natale, 30, of North Street, Medina, is charged with disobeying a court mandate. Natale is accused of sending text messages in violation of an order of protection. He was processed and released.

Aavion Jamier Bethel, 19, of State Street, Batavia, is charged with petit larceny. Bethel, a Walmart employee, is accused of stealing $100 from a cash register at the store on 3:58 p.m. on July 19.

The Genesee County Sheriff's Office is investigating a suspected larceny of items from the Flying J, 8484 Alleghany Road, Pembroke.

A subject (photo) is wanted for questioning in connection with the suspected theft. The Sheriff's Office is seeking the public's assistance in identifying the individual.

If you recognize the person, you're asked to call 585-345-3000 x3251 or email Deputy Stephen Smith at stephen.smith@geneseeny.gov.

Tyler J. Burns, 20, of Batavia, is charged with DWI. Burns was arrested after Batavia patrol officers were dispatched to the McDonald's on East Main Street, where Burns was allegedly doing burnouts in the drive-thru lane on June 28 (time of day not released). He was issued an appearance ticket.

Darien L. Rhodes, 31, of Batavia, is charged with robbery 3rd, criminal contempt 1st, criminal mischief 4th, and harassment 2nd. Rhodes is accused of violating an order of protection, forcibly stealing a set of keys from another person and damaging property during a fight at a location on Oak Street. He was arraigned in City Court and ordered held.

Carl E. Canterbury, 53, of Batavia, is charged with criminal possession of a controlled substance 5th. Canterbury was arrested June 28.  During a traffic stop in March, he was allegedly found in possession of what turned out to be cocaine. He was arraigned in City Court and released on his own recognizance.

Kenneth B. Jordan, 31, of Batavia, is charged with criminal mischief 3rd and criminal contempt 2nd. Jordan is accused of violating an order of protection and slicing the tires of a vehicle in the driveway of the person he wasn't supposed to contact. He was arraigned and released.

Shane P. Herzog, 38 of Batavia, was arrested on a warrant on July 3. Herzog was previously arrested for bail jumping 3rd but allegedly failed to meet the conditions of a plea agreement. He was arraigned in City Court and released on his own recognizance. 

Reicha B. Morris, 40, of Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Morris is accused of shoplifting from Tops. While being taken into custody, she was allegedly found in possession of methamphetamine. She was issued an appearance ticket.

 Leon C. Bloom, 42, of Penfield, is charged with DWI. Bloom was charged following a traffic accident on West Main Street, Batavia, on June 29. He was issued an appearance ticket.

Joshua L. Clair, 42, of Attica, is charged with DWI. Clair was charged following a traffic stop on June 30 on East Main Street in Batavia. He was issued an appearance ticket.

Adam J. Arsenault, 38, of Batavia, is charged with harassment 2nd. Arsenault is accused of threatening a neighbor on June 29 on Hutchins Street during an argument. He was arraigned and released.

Janna Marie Stirk, 41, of Orchard Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and failure to obey a police officer. Stirk allegedly failed to obey traffic directions at 10:53 p.m. on July 11 at Darien Lake following a concert. Stirk was arrested following an investigation by Deputy Mason Schultz. Stirk was processed at the Genesee County Jail and released on an appearance ticket.

Jeffrey Robert Roth, 58, of South Main Street, Oakfield, is charged with criminal contempt 1st. Roth is accused of violating an order of protect at 7:22 on July 8 at a location on Veterans Memorial Drive. Roth was held for arraignment.

Moises Casarez, 43, of Leona Lane, Hamlin, is charged with DWI. Casarez was charged following a traffic complaint on Park Road, Batavia, at 2:20 a.m. on July 13. Sgt investigated the complaint. Mathew Clor. Casarez was held pending arraignment.

Joseph Degweck, Jr., 52, of Pine Street, East Aurora, is charged with criminal possession of a controlled substance 7th. Degweck is accused of possession of a controlled substance at 10:20 on July 7 at a location on Main Road, Pembroke. He was held pending arraignment.

Alexander Michael Petrocci, 30, of County Road A, Farmington, is charged with DWI, driving with a BAC of .08 or greater, and speeding.  Petrocci was stopped at 10:52 p.m. on July 13 on South Lake Road, Pavilion, by Deputy Jacob Kipler. Petrocci was jailed pending arraignment.

Dawn Marie Testa-Turner, no age provided, of Johnson Hill Road, Lisle, is charged with DWI, driving with a BAC of .08 or greater, running a red light, and improper left turn. Testa-Turner was stopped at 12:22 a.m. on July 13 by Deputy Jeremiah Gechell at Oak Street and Park Road, Batavia. She was issued an appearance ticket.

J.D. Monroe Johnson, 24, of Wllmae Road, Rochester, is charged with failure to pay fine by court. Johnson was arrested on a warrant following a traffic stop at midnight on Nov. 13 and turned over to the Wyoming County Sheriff's Office.

A Genesee County jury on Friday rejected rape charges against a former Batavia High School football star, acquitting him in a unanimous decision on all counts following a trial.

The defense attorney for Ray Leach, Public Defender Jerry Ader, said the acquittal was appropriate.

"While the outcome was welcome and justified, the mental pain and suffering that these accusations and trial put Ray and his family and friends through were significant and long-lasting," Ader said.

The jury found Leach not guilty on counts of:

• Rape in the first degree (Penal Law section 130.35(2)
• Criminal Sexual Act in the first degree (Penal Law section 130.50(2) and
• Sexual Abuse in the first degree (Penal Law section 130.65(2).

If not for the jury's decision, Leach's life could have taken a tragic turn, Ader said. 

The counts against Leach included two Class B violent felonies and a Class D violent felony.  Mandatory sentencing requirements, if Leach had been convicted, could have meant from five years to 25 years in prison, plus 20 years on parole and becoming a registered sex offender for life.

"Prosecutors are required to do justice, not necessarily get convictions," Ader said. "A prosecutor’s client is the public, not the police, witnesses or complainants.  This case had many issues from the start, almost two years ago.  Hopefully, cases like Ray’s will make people who investigate complaints and possibly prosecute them take a hard look at their practices and intentions to ensure that justice is done in the future.”

Leach is among the greatest high school running backs in New York State history. 

In 2018, Leach set the Section V single-season scoring record with 310 points. That was fifth all-time in the state. He set the Section V single-season rushing record at 3,012 yards, which was sixth all-time in the state. He scored 50 points against Cheektowaga on Nov. 10, 2018, a Section V record. He ended his high school career at the top of the list in Section V in all-time rushing yards at 6,203. He also set a new Section V record with 111 career touchdowns. 

A Sheriff's Office pursuit that started somewhere on the north side of the city of Batavia ended at Swan and School streets at around 1:45 a.m. on Sunday when the suspect vehicle struck a utility pole and flipped over.

One person is reportedly in custody.

A deputy was overheard telling a distraught family member who ran up to the scene and crossed the police crime scene tape that the suspect was uninjured and was in custody at the Genesee County Jail.

Another woman was taken into custody kicking and screaming, "That's my brother," with a deputy telling her he was OK.

This is an ongoing investigation, and while The Batavian was on the scene, no members of the Sheriff's Office, which is the agency handling the case, were available to provide more information.

The pursuit was reported on both State Street and Ross Street prior to the crash.

There were flames coming from the vehicle when City Fire arrived on scene. The fire was quickly extinguished.

UPDATE 3 a.m.: Sgt. Mathew Clor confirmed charges are pending and should be part of a press release in the morning. One suspect in custody. The woman who struggled with police was released with a warning once she calmed down. Besides taking out the utility pole on Swan, the vehicle also struck a mailbox on Ross Street.

Photos by Howard Owens.

Douglas Grant Goodwin, Jr., 33, of Maple Road, Alabama, is charged with aggravated unlicensed operation, criminal impersonation, lights that don't meet standards, and unsafe tires. Goodwin was stopped at 10:58 p.m. on July 6 on West Main Street, Batavia, by Deputy Jacob Kipler. During the traffic stop, Goodwin was allegedly found to be driving on 10 or more suspensions and he allegedly attempted to misrepresent his actual name. He was released on an appearance ticket.

Nafis Ameer Jackson, 28, of Crittenden Way, Rochester, is charged with criminal contempt 2nd. Jackson is accused of violating a stay-away order at 1:55 a.m. on July 2 at a location on Kelsey Road, Batavia. He was held pending arraignment.

Michael Anthony Sweet, 38, of Raymond Avenue, Batavia, is charged with criminal possession of stolen property 4th. Sweet was stopped at 9:39 p.m. on July 1 by Deputy Trevor Sherwood on Oak Street, Batavia. He was allegedly found in possession of stolen property (unspecified). He was issued an appearance ticket.

Esmeralda D. Ocampo, 22, of Batavia Elba Townline Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and unlicensed driver. Ocampo was stopped at 4:09 a.m. on July 5 on Church Street in Bergen by Deputy Ryan Mullen. She was issued an appearance ticket.

Jonathan Roy Beilfuss, 37, of Knollwood Drive, Buffalo, is charged with DWI and driving with a BAC of .18 or greater. Beilfuss was stopped at 10:47 p.m. on July 3 on Route 77 in Darien by Deputy Kipler. He was issued an appearance ticket.

James Ronald Williams, 39, of John Street, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and speeding. 

Joseph Michael Degweck, 52, of Pine Street, East Aurora, is charged with criminal contempt 2nd. Degweck is accused of violating a stat-away order of protection at 8:20 p.m. on July 7 at a location on Main Road, Pembroke. He was issued an appearance ticket.

Phillip Louis Preston, 50, of Bloomingdale Road, Alabama, is charged with harassment 2nd. Preston is accused of harassing, with intent to alarm or annoy, a worker in a business on Bloomingdale Road at 7:01 p.m. on July 5. He was issued an appearance ticket.

Justine Danae Wood, 37, of South Main Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Wood was allegedly found in possession of cocaine at 4:49 p.m. on July 10 at a location on Woodland Drive, Batavia. She was held pending arraignment.

Brian Daniel Gilfilian, 44, of Northwood Drive, Greece, is charged with DWI, driving with a BAC of .08 or greater, and illegal turn signal. Gilfilian was stopped at 1:10 a.m. on July 10 on Oak Orchard Road, Batavia, by Deputy Mason Schultz. Gilfilian was released on an appearance ticket.

Shawn Michael Sloan, 39, of West Main Street, Batavia, is charged with promoting prison contraband 1st and conspiracy 5th. Sloan is accused of conspiring with another person to introduce contraband into the Genesee County Jail on June 23. 

Bonnie L. Cortright, 37, of Holland Avenue, Batavia, is charged with petit larceny. Cortight was arrested at 9:30 p.m. on July 10 on Veterans Memorial Drive. Details on Cortright's arrest were not released. Cortright was issued an appearance ticket.

Rick Mancuso is offering a reward for the arrest of a suspect and the recovery of a stolen utility cart from outside T.F. Brown's in Batavia.

The person in the surveillance pictures is a suspect. 

Mancuso will pay the person who provides information leading to arrest and recovery either $75 cash or a $100 T.F. Brown's gift card.

To provide information in the case, call Batavia PD at (585) 345-6350.

Peter J. Cino, 56, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 4th and harassment 2nd. Cino is accused of hitting another person on June 13 at a location on Bank Street during an argument and of threatening that person with a hammer. He was arraigned in City Court, and an order of protection was issued. On June 15, police learned that Cino was possibly in possession of a firearm he had not surrendered as required by the order of protection. Officers obtained a search warrant and located a rifle in the bedroom closet.  He was then charged with criminal contempt 2nd and two counts of criminal possession of a weapon 3rd. He was arraigned and ordered held in jail.

Michael Norman, no age or address provided, is charged with criminal sale of a controlled substance 2nd, a Class A2 felony, two counts of criminal possession of a controlled substance 3rd, and conspiracy 2nd. Danielle Michael, no age or address provided, is charged with two counts of criminal possession of a controlled substance 3rd, conspiracy 2nd, and criminal use of drug paraphernalia 2nd. Marcus Mobley,  no age or address provided, is charged with criminal possession of a controlled substance 7th. The three suspects were arrested on May 28. It's alleged that Norman Michael contacted his wife and arranged for her to sell a large quantity of narcotics to Marcus Mobley. After the sale, Batavia NET officers conducted a vehicle stop on Mobley's vehicle, which led to a narcotics seizure. Release status not provided.

Kenneth B. Jordan, 31, of Batavia, is with strangulation 2nd, attempted assault 3rd, unlawful imprisonment 2nd, and two counts of endangering the welfare of a child. Police responded to a report of a disturbance on June 22 at a location on Liberty Street. Jordan is accused of strangling a victim and refusing to let her leave a residence. Two children were present at the time of the incident. Jordan was arraigned and ordered jailed.

Angelina J. Baumgart, 33, of Batavia, is charged with criminal possession of stolen property 5th, criminal possession of stolen property 4th, criminal possession of stolen property 3rd, criminal impersonation 2nd, and aggravated unlicensed operation of a motor vehicle 2nd. A Batavia police officer initially stopped Baumgart's vehicle on June 8 for an alleged stolen license plate. After an investigation, police determined the vehicle itself was stolen. Baumgart allegedly lied about her name and was found in possession of crack cocaine. She was arraigned and ordered held in jail.

Jeanna M Hattaway, no age or residence provided, is charged with criminal possession of a weapon 3rd and criminal possession of a controlled substance 7th. Hattaway's vehicle was stopped on Jan. 30. allegedly found in possession of a small club wrapped in razor wire as well as methamphetamine and cocaine. She also had two warrants pending from two separate cases. She was arraigned and released.

Jamie A. Dutton, 31, of Batavia, and Sandra L. Marsceill, 53, of Batavia, are charged with petit larceny. The pair are accused of stealing a hammock chair from Aldi. They were issued appearance tickets. Dutton was also charged with petit larceny on June 26 by State Police in connection with an alleged theft reported at 1:15 a.m. on that date in the town of Batavia.

Jessica D. Delcour, 41, of Wyoming, was arrested on a warrant on June 18. Delcour was initially arrested on Feb. 16 on a charge of criminal trespass 2nd. The warrant was issued after she allegedly failed to appear in court. She was arraigned in City Court and released. 

Isaiah J. A. Munroe, 34, of Batavia, is charged with criminal tampering 3rd. Munroe is accused of causing a disturbance at Advance Auto Parts on June 14 and shoving a cashier's computer, keyboard, and receipt printer off the county. He was issued an appearance ticket.

Adrienne S. Bechtold, 28, of Batavia, was arrested on June 13 on three warrants. The warrants were issued after Bechtold allegedly failed to appear in court, on three separate criminal cases. She was arraigned in City Court and remanded to the Genesee County Jail on $2,500 bail, $5,000 bond or $10,000 partially secured bond. 

Michael J. Miller, 46, of Batavia, was arrested on June 21 on a warrant alleging failure to register a change of address as a sex offender. He was arraigned in City Court and jailed without bail.

Katty L Jackson, 28, of Batavia, is charged with criminal mischief 4th. Jackson is accused of damaging an iPad on June 26 during an argument at a residence on Pearl Street. She was issued an appearance ticket.

Benjamin G. Evans, 35, of Batavia, was arrested on two bench warrants on June 24. Both warrants stem from incidents where Evans was charged with obstructing governmental administration 2nd. Evans was arraigned and released. 

Michael C. Smith, 32, of Batavia, is charged with petit larceny. Smith is accused of shoplifting at Aldi. He was issued an appearance ticket.

Steven Kevin Underhill, 27, of Webber Avenue, Oakfield, is charged with reckless endangerment 2nd. Underhill is accused of firing a shotgun on July 1 while in a residential neighborhood and under the influence of a narcotic. Underhill was processed at the jail and released on an appearance ticket.

Robzeem Estevez, 29, of Hillside Avenue, Syracuse, is charged with trespass. Estevez is accused of being on private property on Park Road on July 2 at 9:28 a.m. after previously being barred from being on the property. He was issued an appearance ticket.

An 18-year-old is charged with obstruction of governmental administration 2nd in connection with an incident reported at 1:47 p.m. on June 30 in the town of Batavia. The juvenile is from Le Roy. The State Police state an investigation is pending.