crime

There have been two calls tonight that suggest possible unauthorized people at the 7-Eleven at 505 E. Main St., Batavia. 

The first call was of three youths on bicycles who appeared to going in and out of the front door.

A second caller reports seeing people in the store with flashlights going on and off.

The 7-Eleven is closed because of a power outage in the area.

A robbery just occurred at the 7-Eleven in Bergen.

The suspect is described as a white male with a bandage on his nose.

Unknown direction of travel.

No weapon was displayed.

UPDATE 11:35 p.m.: The suspect may have fled in a vehicle. Unknown description. Unknown direction of travel.  It's possibly a dark-colored Jeep.

UPDATE 11:40 p.m.: The vehicle is described as a dark-colored Jeep Wrangler, last seen heading toward I-490.

A caller on Attica Road, Alexander, reports that a person tried to break into their house.

The subject is described as a tall black male wearing a white and black stripe jacket with a hood. He was last seen running west.

Law enforcement is responding.

Marlek Eugene Holmes, 43, of Batavia, is charged with criminal mischief, 4th. Holmes, an inmate in the Genesee County Jail being held on sexual assault charges, and who has a prior charge related to alleged misconduct in jail, is accused of damaging a food tray and bed sheet belonging to the jail.

Teresa Anne Anderson, 42, of Sandybrook Drive, Hamlin, is charged with petit larceny. Anderson is accused of finding a change purse on the floor near a slot machine at Batavia Downs and taking the money inside and ticket vouchers and discarding the purse between two slot machines.

Nicholas Gerald Schafer, 18, of Broadway, Darien, is charged with unlawful possession of marijuana, leaving the scene of a property damage accident, moving from lane unsafely and illegal parking on a highway. Schafer was allegedly involved in a property-damage accident on Route 98, Alexander, at 10:55 p.m. Friday. The accident was investigated by Deputy Eric Meyer.

Milton Quinones Guzman, 38, of McKenzie Street, Bergen, is charged with DWI, driving with a BAC of .08 or greater and moving from the lane unsafely. Guzman was stopped at 6:52 p.m. Thursday on Clinton Street, Bergen, by Deputy Michael Lute.

Ramon J. Galvez, 35, of Washington Avenue, Batavia, was arrested as a fugitive from justice. Galvez was located during a traffic stop on Washington Avenue, Batavia. He is wanted in Franklin County, Wash., on unspecified charges.

Russell R. Miles, 48, of South Main Street, Batavia, is charged with criminal contempt, 1st. Miles allegedly violated a stay away order.

Jacquelyn K. Hildebrant, 35, of State Street, is charged with dog running at large. Hildebrant following an investigation into a complaint that her dog attacked another dog at 4:30 p.m. Feb. 27 on State Street. (Previously: Dog on State Street reportedly involved in two aggressive incidents within weeks of each other)

Marcus L. Speed, 29, of Mellvile Street, Rochester, is charged with criminal use of drug paraphernalia, 2nd. Speed was charged following a traffic stop on West Main Street, Batavia, at 1:06 a.m. Sunday by Officer Peter Flanagan.

Shaun A. Surowka, 59, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia. Surowka was charged following a traffic stop at 12:43 a.m. Sunday on West Main Street by Officer Peter Flanagan.

Melissa R. Piazza, 27, of Walnut Street, Batavia, is charged with identity theft, 3rd, criminal possession of stolen property, 4th and petit larceny. Piazza was arrested on a warrant for allegedly using the credit card of another person without consent.

Justin Thomas Stephenson, 32, of Hutchins Street, Batavia, was arrested on a warrant. The nature of the warrant was not released. He posted bail.

Alisha A. Soule, 20, of Route 237, Stafford, was arrested on two warrants for alleged failure to appear on a traffic ticket and alleged failure to pay a fine.

Thomas A. Culver Jr., 38, of Wood Street, Batavia, was arrested on a warrant for alleged failure to report to the Genesee County Jail per terms of his jail sentence. He was jailed on $2,000 bail or $5,000 bond.

Ryan C. Bishop, 26, of Scottsville West Henrietta Road, Scottsville, is charged with felony DWI, felony driving with a BAC of .18 or greater, and lights not meeting standards. Bishop was stopped at 2:18 a.m. Thursday on Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Chad E. Alwardt, 37, of Holland Avenue, Batavia, is charged with felony DWI, lights not meeting standards, aggravated unlicensed operation, expired inspection, unlicensed driver. Alwardt was stopped on Jackson Street at 12:54 a.m. Friday by Officer Matthew Wojtaszczyk.

State Police opened an investigation Saturday into a report of racist graffiti being left on the side of a building in Pembroke that is owned by a church based in Cheektowaga.

Trooper James O'Callahan, spokesman for Troop A in Batavia, said it is against State Police policy to provide details on an ongoing investigation, but he did confirm such an investigation is taking place.

The property is on Marble Road and is owned by New Creation Fellowship.

A 26-year-old man wanted in connection with a shooting on Jackson Street on Dec. 2 has been located in East Hartford, Conn., and taken into custody.

Jeremy R. Armstrong is being held in Connecticut pending extradition following his arrest Feb. 28.

He is wanted on charges of second-degree attempted murder and criminal use of a firearm, 1st. 

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

"City detectives have been working closely with the East Hartford, Connecticut, Police Department after learning Armstrong may have been in that area," the police said in a statement.

Also assisting in the investigation and attempt to locate Armstrong were Connecticut police in South Windsor, Hartford, and New Britain, as well as the Genesee County Sheriff’s Office and the New York State Police.

Batavia PD said no further information would be released since this is a pending investigation.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

A 32-year-old Depew woman is in custody today after allegedly leading police on a high-speed chase through Corfu, the Town of Batavia and into the City of Batavia where the reportedly stolen car she was driving hit a spike strip before crashing into a tree.

Kimberly A. Genson, of Lancer Court, Depew, is charged with criminal possession of stolen property, 4th, unlawful fleeing a police officer and reckless driving.

The chase started after Deputy Rachel Diehl was dispatched to the Corfu area to investigate a complaint of erractic driving.

Diehl spotted a vehicle fitting the description, a black SUV, heading eastbound at a high rate of speed on Route 33. Diehl activated her emergency lights, but rather than stop, the vehicle sped up, according to the Sheriff's Office report. Diehl initiated a pursuit and backup units responded.

Spike strips were deployed on Pearl Street in the City of Batavia. The strips caused the vehicle to slow down, but it continued and tried to negotiate a turn onto South Main Street where the driver lost control and the vehicle struck a tree. 

The Sheriff's report includes no mention of any possible injuries.

The vehicle had been reported as stolen earlier in the day in Buffalo.

The investigation is ongoing and being conducted by Diehl, Deputy Ryan Long, Deputy Rich Schildwaster and Sgt. Jason Saile. Assisting at the scene were Batavia PD, State Police, City fire and Mercy EMS.

Genson was arraigned this afternoon in Town of Batavia Court and jailed on $25,000 bail or $50,000 bond.

Photo submitted by Samantha Schoener.

(initial report)

There was a police chase that ended last night around 10:30 p.m. on South Main Street, Batavia, when the suspect vehicle hit a tree.

We've been waiting for a press release from the Sheriff's Office, but the suspect apparently hasn't been arraigned yet so it hasn't been released. We won't have further information until that's released.

Reader-submitted photo.

A Corfu resident charged under Leandra's Law will get a chance at rehabilitation after appearing in County Court yesterday on charges stemming from his arrest in May. 

Cody Bedard was initially charged with felony DWI, driving under the influence of drugs and alcohol, and endangering the welfare of a child.

His 4-year-old son was allegedly in the car with him.

Bedard has been through treatment with the Horizon Health Treatment program following good reports on Bedard becoming employed and abstaining from drugs and alcohol.

The one nick on Bedard's record was leaving the county without permission to attend his son's hockey game in Monroe County.

Judge Charles Zambito adjourned Bedard's sentencing pending treatment for 60 days at Oxford House in Erie County.

"I’m giving you the opportunity to prove to me that you don’t deserve to go to prison," Zambito said.

His next court date is scheduled for May 8th.

Our news partner WBTA contributed to this story.

A 55-year-old Leicester man involved in a serious-injury motorcycle accident after the Heart concert at Darien Lake on July 27 has been charged with three felonies following the completion of an investigation into the incident by the Sheriff's Office.

Eric R. Brumstead, of South Main Street, Leicester, is charged with two counts aggravated vehicular assault and aggravated unlicensed operation, 1st.

Brumstead was allegedly driving his Harley-Davidson with a BAC greater than .18 percent and had a prior DWI conviction within 10 years.

According to the Sheriff's Office, Brumstead failed to stop for deputies who were directing traffic and then continued eastbound on Sumner Road at a high rate of speed. He failed to negotiate a curve in the roadway near Walker Road.

Both Brumstead and a passenger were ejected from the bike and both were flown by Mercy Flight to Strong Memorial Hospital in Rochester.

Upon his arrest, Brumstead was jailed pending arraignment in County Court.

The accident was investigated by Deputy Ryan DeLong and the Livingston County Sheriff's Office.

Brandon L. Doward, 32, of Ellicott Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Doward was arrested on a warrant following an investigation by the Local Drug Task Force. He is accused of selling crack cocaine.

Paul W. Zeches, 28, of Bank Street, Batavia, is charged with unlawful possession of marijuana. Police came into contact with Zeches (circumstances not released) at 8:40 p.m. on Feb. 23 at 160 Bank St., Batavia, and Zeches was allegedly found in possession of marijuana.

Dustin W. Bogue, 35, of Tracy Avenue, was arrested on a warrant. The nature of the warrant was not released. 

Richard D. Nagel, 34, of Savage Road, Holland, is charged with controlled substance outside original container and criminal mischief, 3rd. Nagel was arrested following an investigation into an alleged domestic incident at 8:57 a.m., Feb. 26. Nagel allegedly broke a mobile phone belonging to a former girlfriend.

Justin T. Stephenson, 32, of Hutchins Street, Batavia, is charged with disorderly conduct. Stephenson allegedly yelled obscene and abusive language while in a populated, residential area, at 5:34 a.m., Feb. 25, on Hutchins Street. He was jailed on $250 bail. He was also arrested on a warrant from 2014.

Nathen E. Brege, 24, of South Main Street, Batavia,  is charged with obstructing governmental administration, 2nd, resisting arrest and endangering the welfare of a child. The charges stem from an alleged domestic incident reported at 6:48 p.m., Feb. 26, on South Main Street, Batavia. When police responded, he allegedly attempted to flee and began to fight the officers. He was also arrested on a warrant stemming from an aggravated unlicensed operation, 3rd, charge. He was jailed on $1,500 bond. 

Jacob L. Hernandez, 22, of Pearl Street, Batavia, is charged with criminal contempt, 2nd. Hernandez allegedly violated a complete stay away order. He was also charged with harassment, 2nd, following a report of an alleged fight involving several people on Liberty Street at Sumner Street at midnight Feb. 26.

Kelly Ann McDonald, 50, of Kingsbury Avenue, Batavia, is charged with felony DWI. McDonald was stopped at 4:43 p.m. Wednesday on West Main Street by Officer Mitchell Cowen.

Tyler Michael Frumusa, 20, of West Ham Circle, North Chili, is charged with unlawful possession of marijuana and driver's view obstructed. Frumusa was stopped for an alleged traffic violation at 1 p.m., Feb. 22, on Lake Street, Town of Le Roy, by Deputy Ryan DeLong.

A Batavia woman is upset after her 5-year-old beagle Shar-Pei mix was attacked by another dog on State Street last week not only because her dog was injured, but because there was also a recent report of the same dog biting a person earlier in the month.

The dog reportedly bit a person inside of its home on State Street on Feb. 7, according to the owner of the dog that was attacked, who lives on State Street, and a member of law enforcement familiar with the incident. 

Angelina Pellegrino posted about the attack on her dog on social media on Tuesday. 

"Ridiculous that while walking my dog innocently with her harness and leash yesterday I had to witness the horror of my dog getting attacked unprovoked by an unleashed dog," Pellegrino wrote.

Her dog suffered four puncture wounds that had to be treated and the dog has been placed on antibiotics.

"I just kept screaming at the top of my lungs in the middle of the sidewalk," Pellegrino told The Batavian this morning. "I kept trying to get between the dogs to pick my dog up to no avail."

Pellegrino is also upset that the owner of the dog denied that his dog attacked her dog.

"(The) owner insists to the police that his dog did nothing," she said.

According to sources, the dog's owner was cited for letting a dog run off leash. We don't have information on the owner this morning because Assistant Chief Todd Crossett said he would not release the arrest report until a later date with other arrest reports.

"The sad thing is is the cops told me that there is nothing they can do about a dog that attacked their owners or continues to attack their owners," Pellegrino said. "It does not matter. Only what matters is the fact that now the dog attacked my dog and it has to continually attack other people or things for anything to be done."

The Sheriff's Office is investigating an assault on a female store employee at the Arrow Mart in East Pembroke the night of Feb. 25, Chief Deputy Jerome Brewster confirmed this morning.

The attack was reported about 8:25 that night.

A female employee said she was returning to the back door after dropping some cardboard in a dumpster. Brewster said the assailant punched her in the head.

The victim was medically examined and released. 

She said she punched her attacker several times. Investigators also took swabs of her hands and they are awaiting lab results.

There was no sexual assault, Brewster said.

Deputies search the area after the report and did not find the suspect and there were no surveillance cameras that captured events or the suspect.

The suspect is described as a tall, heavy-set male wearing all dark clothing and a hood. He headed south on Reed Road. The suspect may have facial cuts or bruises as a result of the confrontation.

Brewster said there have been no similar reports in Genesee County.

The investigation is ongoing.

People who might be able to provide additional information are asked to call the Sheriff's Office at (585) 343-5000.

Jonathan E. Seiger is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Seiger stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Seiger is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Seiger assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Seiger is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Scott H. Spencer is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Spencer stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Spencer is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Spencer assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Spencer is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Kayleigh J. Allen is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Nov. 26 in Town of Batavia that Allen drove a 2012 Chevrolet on Route 98 while in an intoxicated condition. In count two, she is accused of DWI, per se, as a Class E felony, for the same crime while having a BAC of .08 percent.

Members of the Local Drug Task Force say they observed a possible drug transaction in the City of Batavia so they conducted a traffic stop on a vehicle driven by the man they suspected of dealing drugs.

Stopped was Leonard E. "LB" Aguayo, 30, of Affinity Lane, Rochester.

Investigators say they found Aguayo in possession of more than a half-ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

Aguayo was also allegedly driving on a suspended driver's license.

He was charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana and aggravated unlicensed operation.

Other charges may be forthcoming.

He was arraigned in City Court and jailed without bail.

Officers with Batavia PD assisted in the arrest.

The 25-year-old mother who left her twin sons home alone in their State Street home the night of May 20 when a fire broke out taking their lives entered a guilty plea in Batavia Town Court today to a single count of endangering the welfare of a child.

Michael and Micah Gard were left alone while Heather Ace went out to meet with friends and by her own statement later to police took the opportunity to smoke marijuana and drink an alcoholic beverage.

Her mother called her frantically that night to tell her about the fire and Ace rushed home in hysterics, according to reports.

With her guilty plea, Ace faces a sentence of either probation or a year in jail.

Via our news partner WBTA.

Photo submitted by the New York State Police

Nicholas Price, 29, of Batavia, was arrested in connection with a hit-and-run accident that happened Jan. 27 in the Town of Bennington.

According to the original report, around 11:50 a.m. a black Hyundai Accent was traveling eastbound when it went off the road on Route 354 in the Hamlet of Cowlesville. 

The car was said to have struck a mailbox, then a red GMC Sierra pickup truck before coming to rest against a tree. 

The driver is accused of fleeing the scene and driving the Hyundai eastbound with extensive damage to the front end.

On Feb. 17, New York State Troopers responded to a medical call on Halstead Road in the Town of Batavia. While at the scene, troopers say they saw a black Hyundai Accent with front end damage similar to what was reported in the Cowlesville incident. 

Upon further investigation, and evidence collected from the scene, officers say they were able to match the suspect vehicle to the original accident.

Subsequently, Price was charged Feb. 24 with: criminal mischief in the fourth degree;leaving the scene of property damage accident; reckless driving; moving from lane unsafely; and driving across hazard markings.

He is due in the Town of Bennington Court sometime in March.

See related: Police seeking information in hit and run collision in Cowlesville

On Jan. 10, the 37-year-old Batavia man was found guilty on drug charges following a three-day jury trial in Wyoming County Court. 

On Feb. 23, he was sentenced to a determinate sentence of 10 years in prison with one-and-one-half years of post-release supervision on each count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, to run concurrently.

On Jan. 14, 2016, Broadbent possessed and sold 13 bags of heroin laced with the horse tranquilizer Xylaxine to a confidential informant in the Village of Perry. 

He was arrested in June on those charges during the Wyoming County Drug Task Force Operation Spring Sweep. 

According to District Attorney Donald O’Geen, prior to his sentencing last week he admitted that he should be sentenced as a second felony drug offender with a prior violent felony conviction. 

In 2012, Broadbent was indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree, and petit larceny. 

In February last year he was charged with false personation, criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia and possession of hypodermic needles, following a traffic stop on Route 33, Stafford.

In addition to his charges in Wyoming County, he was also arrested in June by the Genesee County Local Drug Enforcement Task Force on charges stemming from an April 24 incident in the Genesee County Jail.

“Heroin is an extremely dangerous drug that is highly addictive,” O’Geen said. “This case demonstrates how dangerous heroin is. To sell heroin, let alone lace it with a horse tranquilizer is reckless.

“On a weekly basis our office sees the devastating effects of heroin on our community. The sentence handed down today sends a clear message that those defendants that deal heroin and prey on people’s addictions will be brought to justice and held accountable.”

See related: Drug dealer found guilty of selling heroin laced with a horse tranquilizer

Nicholas Anthony Esposito, 31, of North Street Road, Le Roy, is charged with criminal mischief, 3rd, menacing and harassment, 2nd. Esposito was reportedly involved in an incident at 2:55 p.m. Friday in the parking lot of Walmart where he allegedly damaged the property of another person, struck the owner of that vehicle with a closed fist and placed a woman in the vehicle in fear of physical injury.

Tomy Lee Velasquez, 24, of Fisher Road, Warsaw, is charged with obstructing governmental administration, 2nd, false personation, aggravated unlicensed operation, 2nd, and rental vehicle without an ignition interlock device, and loud muffler. Velasquez was stopped Feb. 20 for an alleged traffic violation by Le Roy PD.

Cassy Drury, 23, of Myrtle Street, Le Roy, is charged with two counts of rape, 3rd. Drury, being a person over 21, allegedly had sexual intercourse with a person under 17 years old between Jan. 16 and Feb. 20. She was released under supervision of Genesee Justice.

Douglas Edward Artman, 26, of Alleghany Road, Darien, is charged with unlawful possession of marijuana and speeding. Artman was stopped at 7:44 p.m. Thursday on Route 77, Darien, by Deputy Eric Meyer. He was allegedly found in possession of a marijuana smoking pipe containing marijuana.

Edward Jordan White, 21, of Michigan Street, Lockport, is charged with criminal use of drug paraphernalia, 2nd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White, who is currently on parole, was stopped by Batavia police officers after being observed driving in the city. During the traffic stop he was allegedly found to have a suspended license and in possession of marijuana and drug paraphernalia. He was jailed on $5,000 cash or $10,000 bond. The Local Drug Task Force assisted in the investigation.

Billy Joe Johnson, 39, of West Main Street, Batavia, is charged with forcible touching. Johnson allegedly forcibly touched the intimate parts of another person while in a store on Veterans Memorial Drive at 9:15 p.m., Feb. 14.

Sergio Antonio Forte, 51, of Myrtle Street, Le Roy, was arrested on a warrant stemming from a charge of unauthorized of a use of a vehicle, 2nd. Forte turned himself in at the Sheriff's Office on the warrant. He was jailed without bail.