crime

Someone stole a chair and "a wet floor sign" from a business on West Main Street about 15 minutes ago. They have video. Batavia police are responding to the reported larceny.

Investigators continue to work leads in the case of a series of battery thefts from trucks and farm equipment in Genesee County, and as a result previously arrested suspects face new charges.

Bart Towne, 48, of Alleghany Road, Alabama, is charged with grand larceny, 4th. He was first arrested Sept. 27 and has been charged in the jurisdictions of Byron, Oakfield, Alabama, Elba, Pembroke and Alexander. 

He allegedly stole batteries in each of those towns.

He is being held without bail.

Amber L. Heveron, 28, of Rice Road, Albion, is charged with grand larceny, 4th. She was first arrested Dec. 6. She was previously charged in Alabama, Pembroke, Oakfield and Elba. 

She is out of jail under supervision of Genesee Justice.

The investigation is ongoing and additional arrests are possible.

While on surveillance yesterday, members of the Local Drug Task Force observed occupants of a vehicle toss garbage from the car so they initiated a traffic stop.

Upon further investigation, the occupants were allegedly found in possession of Suboxone and drug paraphernalia.

During the course of the surveillance, both occupants were allegedly seen operating the vehicle and both were later found to have suspended driver's licenses.

Isaac C. King, 30, of Hoyt Street, Buffalo, was charged with criminal possession of a controlled substance, 5th, criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, and littering.

Daniel H. Mooney, 30, of Cone Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and aggravated unlicensed operation.

Following arraignment in City Court, King was jailed without bail. He has a detainer from NY State Parole.

Mooney was ordered held on $2,500 bail or $5,000 bond.

Sentencing was delayed today for a Joel Bert Shorts, a 55-year-old Canisteo man who admitted in October to engaging in oral sex with a teenage boy at a religious gathering last summer because the probation department in Steuben County didn't complete a necessary evaluation.

Officials in Steuben apparently overlooked a request for the evaluation and didn't start on it in time for today's hearing.

Shorts was scheduled to be sentenced today and there was also going to be a hearing to determine what level he would be registered as a sex offender.

When Shorts agreed to plead guilty to the Class E felony of criminal sex act in the third degree, the agreement would give him a chance to avoid a four-year prison term and instead be placed on probation in Steuben County for 10 years.

Shorts was arrested July 20 at Darien Lake Theme Park Resort, where he was attending Kingdom Bound with a church group.

The new hearing date is 11 a.m., Feb. 21.

He remains out of jail on his own recognizance. 

The hearing is one of the first court appearances as the new County Court Judge Charles Zambito. Prior to the hearing, Zambito disclosed to Short's attorney the fact that the assistant district attorney handling the case, Robert Zickl, is the brother of Will Zickl, who is now Zambito's staff attorney. Zambito said that on this case, because Robert Zickl is the ADA, Will Zickl would have no involvement and would not be consulted. Short's attorney acknowledged the disclosure and waived any claim to a conflict of interest and said he wasn't concerned about the relationship.

Sheri A. Eddy, 33, is charged with third-degree grand larceny and first degree identity theft.

Eddy allegedly stole a check from the residence and used the information on the check to pilfer funds. 

She was arraigned in Bethany Town Court and jailed on $2,500 bail.

Robert Lee Williams Jr., 26, of West Main Street, Batavia, is charged with assault, 3rd. Williams was allegedly involved in a road rage incident at 6 p.m., Dec. 21, on East Main Street, Batavia. There was reportedly a physical altercation resulting in injury to another person. Williams turned himself in on a warrant.

Christopher Charles Say, 26, of Goddard Street, Webster, Mass., is charged with bail jumping, criminal contempt, 2nd, and obstructing governmental administration, 2nd. Say was arrested on a warrant and turned over to Batavia PD. He was arraigned in City Court and jailed on $2,500 bail.

Jill M. Turner, 24, of Burke Drive, Batavia, is charged with dog running at large. Turner is accused of allowing her dog to run loose on a neighbor's property.

Robert E. Wood, 26, of South Main Street, Batavia, is charged with criminal trespass, 2nd. Wood allegedly entered the secured residence of a person he knew without permission at 2:26 a.m., Wednesday.

Branden L. Daymon, 32, of Norwich Drive, Rochester, was arrested on a warrant for alleged failure to appear on a vehicle and traffic violation.

Lexus M. Brown, 20, of Raines Park, Rochester, was arrested on a warrant for alleged failure to appear. Brown posted $300 police bail and was released.

Aaron Michael Gardner, 35, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater, no seat belt, unreasonable speed and failure to keep right. Gardner was arrested following the completion of an investigation into a motor-vehicle accident reported at 3:59 p.m., Nov. 11, on Oatka Trail Road, Le Roy. The investigation was conducted by Deputy Kevin Forsyth.

David K. Atkinson is indicted for the crime of criminal sexual act in the first degree, a Class B felony. It is alleged that on Nov. 18 in the Town of Pembroke that Atkinson engaged in oral conduct with another person by forcible compulsion.

Matthew A. McCracken is indicted for the crime of attempted arson in the second degree, a Class C violent felony. It is alleged that on Dec. 24 McCracken intended to damage a building -- an upstairs apartment on Clay Street in the Village of Le Roy -- by starting a fire when another person who was not a participant in the crime was present in the building. Furthermore, it is alleged that the defendant knew -- either factually or circumstantially -- that the presence of the other person inside was a reasonable possibility and yet he allegedly attempted the arson. In count two, he is accused of the crime of endangering the welfare of a child. It is alleged in count two, that on Dec. 24 the defendant, at an upstairs apartment on Lake Street in the Village of Le Roy, knowlingly acted in a manner likely to injure the physical, mental or moral welfare of a child less that 17 years old by conduct that included the crime alleged in count one, and by being impaired by alcohol and going to sleep while a 1-year-old child was present.

Thomas A. Park is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on April 24, Park knowingly entered or remained unlawfully in a dwelling on West Main Street in the Town of Le Roy with intent to commit a crime. In count two, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing $550. In count three, the defendant is accused of another act of second-degree burglary sometime between late winter in 2016 and June 15. In that incident, it is alleged that Park knowingly entered or remained unlawfully in another dwelling on West Main Street in the Town of Le Roy with intent to commit a crime. In count four, he is accused of another act of petit larceny during the same time period for allegedly stealing jewelry, a small safe and "a container used for religious purposes." In count five, Park is accused of a third crime of second-degree burglary. In count five, it is alleged that on May 11 or 12, he knowingly entered or unlawfully remained in a dwelling, one he allegedly previously burglarized, with intent to commit a crime. In count six, he is accused of a third incident of petit larceny -- allegedly he stole $100. In count seven, the defendant is accused of a fourth act of second-degree burglary, for the third time at the same location on West Main Street in Le Roy, which occurred on June 16. In count eight, he is accused of petit larceny for allegedly stealing money and greeting cards. In count 10, the man is accused for the fifth time of second-degree burglary at the same residence previously burlgarized several times, this time on June 17. In the last incident, Park allegedly took a Barnett Raptor Crossbow and frozen food items.

Press release:

The Batavia Police Department is looking to question Joel Zsebehazy, in reference to the Key Bank robbery which occurred on Dec. 27 at approximately 10:10 a.m. Zsebehazy is approximately 5 feet 10 inches tall, weighing 165 pounds with brown eyes. His last known address was 1570 Buffalo Ave. in Niagara Falls.

Zsebehazy is also wanted by NYS Parole for a violation of his parole. Crimestoppers Buffalo is offering up to a $1,000 reward for information leading to his arrest.

Zsebehazy has a violent, assaultive history, and should be considered armed and dangerous.

Anyone with information on the whereabouts of Zsebehazy should contact Detective Czora at 585-345-6311, the Batavia Police Confidential Tip Line at 585-345-6370 or Buffalo Crimestoppers at 716-867-6161. The Batavia Police Department is currently being assisted by NYS Parole, FBI Buffalo and Buffalo Crimestoppers.

Earlier today: Local police looking for man on possible parole violation with bank robbery history

A Niagara County man with an attempted bank robbery conviction is wanted on a warrant for an alleged parole violation and a police source confirmed this morning that local authorities have been asked to look for him as well since he could be in, or pass through, Genesee County.

Joel Zsebehazy, 33, 5’10” 165 lbs, has blond hair and brown eyes.

Authorities say he has a violent history and could be armed. If seen, call 9-1-1. If you have information on his whereabouts, you can call (585) 343-5000 or the Batavia PD confidential tip line at (585) 345-6370.

WIVB reported that authorities want to question Zsebehazy about a recent bank robbery, but we couldn't confirm that with local law enforcement.

After he was convicted on a drug dealing charge in 2015, the Buffalo News reported that Zsebehazy was an Afghan War vet looking at his last chance for rehabilitation after previous difficulties at drug treatment facilities. The Buffalo News reported that Zsebehazy suffers from PTSD.

Two people arrested in December following an accident and pursuit through the woods off Keeney Road in Le Roy are now being accused of attempting to rob a nearby gas station that same night.

Giancarolo A. Miranda, 18, of Clipnock Road, Stafford, and Haleigh I. Ogden, 19, of East Avenue, Batavia, were charged today with attempted robbery, 2nd.

The arrest stems for a series of incidents the night of Dec. 12 that started the Kwik Fill in Le Roy when the pair allegedly showed up there about 10 p.m. with the intention to steal property. 

Ogden allegedly displayed a handgun.

The sole employee of the gas station had already locked the front door and there was apparently nothing stolen.

Miranda and Ogden then left the station and were involved in a motor-vehicle accident on Keeney Road.

They fled into the woods and after a search that involved deputies, Le Roy PD, troopers, a helicopter, and a K-9, the duo was located and taken into custody.

Once located, they were identified as suspects in a burglary a few days earlier. They were found in possession of a pit bull allegedly stolen from the animal shelter.

They were charged with burglary, 3rd.

They remain in custody with bail set at $15,000 each.

Christopher Charles Say, 26, of Goddard Street, Webster, Mass., is charged with: criminal mischief, 4th; criminal obstruction of breathing or blood circulation; endangering the welfare of a child; harassment, 2nd; and criminal contempt. Say was arrested by the Orleans County Sheriff's Office on a warrant out of Genesee County Court. He is also wanted on City of Batavia warrants. 

Dennis Allan Norris, 53, of Overbook Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding and drinking alcohol in a motor vehicle. Norris was stopped at 9:55 a.m. Dec. 23 on South Lake Road, Bergen, by Deputy Rachel Diehl.

Joseph Mark Dickinson, 26, of East Avenue, Batavia, is charged with DWI, driving with a BAC of .08, speeding and driver's view obstructed. Dickinson was stopped at 5:32 p.m. Wednesday on Pearl Street Road, Batavia, by Deputy Jenna Ferrando.

A 26-year-old St. Johnsville woman cried and begged for a chance to avoid prison for her part in a strong-armed robbery attempt at a smoke shop in May in Basom, but the judge hearing her case told her she hadn't earned a chance to be released on probation.

"In light of the violent nature of the crime and the apparent lack of any effort on your part to address your addictions and mental health issues until the day you were to be sentenced, it is alarming," said Interim County Court Judge Emilio Colaiacovo.

Misty Dawn Souza was sent to prison for three and a half years.  

Her attorney, Fred Rarick, tried to argue for probation, given her history of mental issues, but District Attorney Lawrence Friedman said that nature of the crime and her criminal history warranted the maximum sentence available under the plea agreement.

"The reasons for a probationary sentence you have presented have been an unconvincing explanation for why the court should show (mercy)," Colaiacovo said.

Souza said she was a drug-addicted baby at birth, that she had been diagnosed with mental health issues at age 11, but instead of giving her the medicine prescribed by a doctor, her mother introduced her to marijuana. A short time later, she said, her father introduced her to crack cocaine.

Dressed in a dress of wide black-and-white horizontal stripes, Souza cried through most of her statement to the court.

"I believe I need help with my mental health issues," Souza said. "I don't want to go to prison. I'm scared. I know what I did was wrong. If I could take it all back, I would."

Souza and Jeremy J. Reynolds, 34, of Johnstown, entered the Smoke Rings Smoke Shop the night of May 20 carrying what looked like guns. Things quickly got out of hand and it was a dangerous and scary situation, Friedman said.

"They pointed what appeared to be real guns at the clerk behind the counter and the clerk obviously became fearful for his life," Friedman said.

Rarick said his client was a person who could be easily mislead and that's exactly what Reynolds did. He also said that Reynolds had slipped Souza a gummy bear laced with acid (LSD), which she didn't know, prior to the robbery.

It wasn't long after the robbery attempt began that Souza fled into the dark woods near the smoke shop where she wandered haphazardly for some time. When she was picked up later, she said, according to Rarick, that she had a bear on her back.

Souza said she has a 10-year-old daughter who is a straight-A student and wants to be a police officer someday.

Colaiacovo told Souza that there will be plenty of opportunities in prison for Souza to get the mental health care and drug treatment she needs, if she takes advantage of those programs.

"It's never too late to become a good example to your child," Colaiacovo said. "I hope avail yourself of the opportunities you will have in prison and start heading in the right direction in life."

Ronald Francis Ratulowski Jr., 43, of Eleanor Place, Batavia, is charged with second-degree harassment. He was arrested at 12:49 a.m. on Dec. 28 on Eleanor Place following a domestic dispute. He was issued an appearance ticket for Jan. 17 in City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Bolles.

Melanie M. Matesz, 51, of Dellinger Avenue, Batavia, is charged with second-degree harassment. She was arrested at 8:50 p.m. on Dec. 26 on Dellinger Avenue following an investigation into an incident wherein she allegedly struck another person. She was issued at appearance ticket for Jan. 3 in City Court. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Richard C. Clark, 46, of Main Street, Corfu, is charged with second-degree harassment. Clark was arrested at 9 p.m. on Dec. 29 on Tracy Avenue in Batavia following a domestic dispute wherein he allegedly grabbed and pushed another person. He was arrainged then released on his own recognizance. He is due in City Court today (Jan. 4). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Robert R. Gerety, 43, of Elm Street, Batavia, is charged with unlawful possession of marijuana, resisting arrest and criminal mischief. At 12:58 a.m. on Dec. 28, Gerety was arrested after a domestic incident in which the defendant is alleged to have damaged property at the residence, possessed marijuana, and resisted arrest. He was put in Genesee County Jail and in due in City Court at a later date. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Peter Flanagan.

Jessica Lynn Polk, 40, of Bank Street, Batavia, is charged with criminal tampering. Polk was arrested at 10:10 a.m. on Dec. 23 after she allegedly tampered with property belonging to another person. She was released with appearance ticket for Jan. 3 in City Court. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

A 16-year-old who lives on State Street in Batavia is charged with criminal contempt in the second degree. The youth was picked up on an active warrant out of City Court for this alleged offense, a violation of a Family Court order, which occurred at 8 a.m. on Oct. 20 on State Street. The defendant was issued an appearance ticket for Jan. 10 in City Court. The case was handled by Batavia Police Officer Chad Richards.

Robert M. Schryver, 53, of North Spruce Street, Batavia, is charged with unlawful possession of marijuana. At 9:45 a.m. on Dec. 29, Shryver was allegedly found to possess a quantity of marijuana and was arrested. He is due in City Court on Jan. 10 to answer the charges. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Frank Klimjack.

Kyle James Whitcombe, 19, of Westchester Drive, Cheektowaga, is charged with unlawful possession of marijuana and driving left of pavement markings. Following a one-car accident at 6:26 a.m. on Jan. 3 on Route 77 in the Town of Pembroke, Whitcomb was allegedly found in possession of marjiuana. He was issued an appearance ticket for Jan. 24 in Town of Pembroke Court. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Ryan Young.

The Le Roy Police Department rearrested Matthew McCracken on Dec. 29, adding two additional charges: attempted arson in the second degree, a Class C violent felony, and endangering the welfare of a child, a Class A misdemeanor.

It is now alleged that McCracken attempted to damage the building at 10/12 Clay St. in Le Roy by the use of fire, specifically a torch-type item while knowing or having cause to believe persons were inside the building at the time, specifically the neighbors and a young child that McCracken was babysitting.

McCracken’s actions did in fact cause blackened burn marks on the neighbors door and door frame. The endangering the welfare of a child charge alleges that McCracken endangered the physical or moral welfare of the same child during the incident due to the attempted arson, second degree, but furthermore, it alleges he was impaired by alcoholic beverage during the incident to the point he passed out or fell asleep, therefore was unable to care for the child.

McCracken was rearraigned before the Le Roy Town Court and further put in Genesee County Jail in lieu of $25,000 cash bail or $50,000 bond.

See post about previous arrest here.

Press release from the Le Roy Police Department:

On Dec. 7^th, Village of Le Roy Police arrested 31-year-old Danielle L. Barager, of 9 Summit St., Le Roy, and charged her with endangering the welfare of a child. The arrest stems from an investigation by Village Police into an incident that occurred in the Village of Le Roy on Dec. 4. It is alleged that during an argument Barager threw a claw hammer which ricocheted off the floor and struck a 3-year-old child in the shoulder causing injury. Barager was issued an appearance ticket and is scheduled to appear in the Town of Le Roy Court at a later date.

 ____________

On Dec. 24, at about 6:30 p.m., officers of the Village of Le Roy Police Department arrested Matthew McCracken, 33, of 10 Clay St., upper apt., Le Roy, for attempted criminal mischief, 4th degree, and harassment, 2nd degree. This arrest occurred after Le Roy Police Officer’s responded to a report of a male threatening to kill the neighboring residents of an upper apartment on Clay Street in the Village of Le Roy. The investigation alleged that during a dispute, McCracken had threatened to kill and injure his neighbor and burned the door and door frame of his neighbor’s apartment with a blow torch. At the time, McCracken was refusing to answer both his phone and the door to his apartment to communicate with officers and McCracken was believed to be in his apartment with a blow torch and a 2-year-old child. Out of concern for the child, Officer’s forced entry into the apartment and McCracken was taken into custody without incident. The child was found unharmed and was turned over to the mother. McCracken was arraigned in the Town of Le Roy Court and was put in Genesee County jail in lieu of $500 cash bail. Further investigation is pending. Le Roy Police were assisted at the scene by members of the New York State Police.

____________

On Dec. 27^th, officers of the Village of Le Roy Police Department arrested Gregory P.  Bernard, 22, of East Bethany, for aggravated DWI, DWI and moving from lane unsafely. His arrest was the result of an auto accident in which it is alleged that Bernard, while on West Main Street in Le Roy left his lane unsafely, jumped a curb and struck a sign and tree causing damage. Bernard was processed and issued appearance tickets returnable to the Town of Le Roy Court on Jan.  23. The aggravated DWI charge stems from an allegation that Bernard had a BAC at or above 0.18 percent.

____________

On Dec. 28^th, Village of Le Roy Police stopped a vehicle on State Route 19 in the Village of Le Roy alleging an inadequate exhaust. The operator, Michael A. Ellis, 27, of Batavia, was allegedly found to have a suspended New York State driver’s license. The vehicle was turned over to a relative at the scene. Ellis was issued uniform traffic tickets for aggravated unlicensed operation, 3rd degree, uninspected motor vehicle, and inadequate exhaust returnable to the Town of Le Roy Court on a later date.

Photo and info from our news partner 13WHAM.

Batavia Police are asking for help in locating an individual in connection with a burglary that took place last month at the Glass Roots store, located at 12 Center St. downtown.

According to police, the incident happened during the overnight hours between Dec. 11 and 12.

Angela Joan Bombard, 55, of Main Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater and driving left of pavement markings. Bombard was stopped at 6:49 p.m. Sunday on Route 19, Le Roy, by Deputy Jeremy McClellan.

Justin Allen Siegmyer, 20, of Baxter Street, Buffalo, is charged with unlawful possession of marijuana, uninspected motor vehicle and possession of an open container in a motor vehicle. Siegmyer was arrested following a check of a vehicle parked roadside on Prole Road, Stafford, at 1:24 a.m. Sunday by Deputy Mathew Clor.

Press release:

On Friday, Dec. 30, the New York State Police based out of the Batavia Barracks along with the New York State Liquor Authority conducted an underage drinking detail. Approximately 16 stores throughout Genesee County were checked and three sales were made to underage buyers. The following arrests were made:

Rashmikant Patel, 50, of Batavia, was arrested for unlawfully dealing with a child, 1st degree, and prohibited sale of alcohol to a person under 21. Patel was issued appearance tickets returnable to the Town of Pavilion Court.

A 16-year-old, of Batavia, was arrested for unlawfully dealing with a child, 1st degree, and prohibited sale of alcohol to a person under 21. The youth was issued appearance tickets returnable to the Village of Corfu Court.

Barbara Nehl, 73, of Corfu, was arrested for unlawfully dealing with a child, 1st degree, and prohibited sale of alcohol to a person under 21. Nehl was issued appearance tickets returnable to the Village of Corfu Court.

The following establishments were checked and properly complied with the law, denying sales to an underage buyer:

-Elba Yellow Goose, South Main Street, Elba
-Arrow Mart, Byron Holley Road, Byron
-7 Eleven, Buffalo Road, Bergen
-Bergen Country Store, Clinton Street Road, Bergen
-490 Truck Stop, Lake Road, Bergen
-Mill St Wines & Liquors, Mill St., Le Roy
-The Original Woody's Deli, North Street, Le Roy
-Pavilion Yellow Goose, Telephone Road, Pavilion
-Alexander Country Store, Main Street, Alexander
-Triple C Truck & Gas, Broadway, Darien
-West Main Mini Mart, West Main Street Road, Batavia
-Arrow Mart, Clinton Street Road, Batavia

Antoine T. Clark (AKA "Mike") is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 29 in the Town of Batavia that Clark knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, Clark is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony. It is alleged that on June 29 in the Town of Batavia that the defendant knowingly and unlawfully sold a narcotic drug, cocaine.