crime

A new Ford F-350 pickup truck, along with a double-axle tilt trailer carrying two brand new Polaris 450 four-wheelers, was stolen sometime overnight from a location on Route 77 in Darien.

The pickup truck is white.

The only lead at this time is footprints in the snow, said Chief Deputy Jerome Brewster, Genesee County Sheriff's Office.

Deputies were dispatched at 6 a.m. to take the report, Brewster said.

People with information that may assist in the investigation are asked to call the Sheriff's Office at 343-5000.

UPDATE: A picture of the truck added. Investigators are asking that if you saw this truck with a trailer out on the road anytime after, say, 4 a.m., or maybe earlier, call the Sheriff's Office.

Serena Lynn Snyder, 31, of East Shelby Road, Oakfield, is charged with grand larceny, 4th. Snyder is accused of assisting a cashier at Walmart in the theft of $1,500 from the store. Previously charged: Brittani Louise Diaz, 18, of East Shelby Road, Oakfield.

Christianna Maria Vicaretti, 26, of Silent Meadows Drive, Spencerport, is charged with unlawful possession of marijuana. Vicaretti was allegedly found in possession of marijuana and paraphernalia during at traffic stop at 4:45 p.m. Saturday on Townline Road, Bergen, by Deputy Chris Erion.

Russell Fields Jr., of 27 W. Bergen Road, Bergen, is charged with criminal contempt, 2nd. Fields is accused of violating an order of protection. He was jailed on $3,500 bail or $7,000 bond.

Daniel J. Gilbert is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Gilbert knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Gilbert is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Gilbert or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marquis K. Saddler is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Saddler knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Saddler is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Saddler or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marlek E. Holmes is accused of the crime of criminal contempt in the second degree, a Class A misdemeanor. It is alleged that on June 23 at the Genesee County Courts Facility Holmes intentionally disobeyed or resisted the lawful process or other mandate of a court by violating an order of protection issued by Batavia City Court on Dec. 2, 2015. Holmes allegedly violated the portion of the order which directed him to refrain from communication or any other contact ny mail, telephone, email, voice-mail or other electronic, or any other, means with the protected person. In addition, he is alleged to have violated that portion of the order of protection which directed him to refrain from harassment or any other criminal offense against the protected party.

Tammy L. Strassner-Noble is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on June 18 in the Town of Le Roy, that Strassner-Noble operated a 2012 Cadillac on Main Street while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn. It is further alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Strassner-Noble is accused of the crime of first-degree aggravated unlicensed operation on Main Street in the Town of Le Roy on April 6 and of operating the vehicle while under the influence of alcohol or a drug. In count three, she is accused of driving while intoxicated, as a misdemeanor, on June 18 on Main Street in Le Roy.

Brittani Louise Diaz, 18, of East Shelby Road, Oakfield, is charged with grand larceny, 4th. Diaz is accused of stealing from her employer, Walmart. Diaz, with the assistance of another employee, allegedly stole $1,500 from the store while employed as a cashier. 

Dylan James Maychoss, 20, of Snipery Road, Corfu, is charged with unlawful possession of marijuana and inadequate exhaust. Maychoss was stopped at 2:43 a.m. on East Main Street, Corfu, by Deputy Eric Meyer.

Christopher R. Stowell, no age or residence provided, is charged with driving while ability impaired by alcohol, unsafe lane change, unreasonable speed, operating in violation of restrictions and aggravated unlicensed operation, 1st. Stowell was charged in connection with an accident Sept. 6 in Pavilion. Stowell reportedly lost control of his motorcycle. He and a passenger were hospitalized for several days as a result.

Bradley Scott Baldwin, 20, of Peacefield Road, Pine City, is charged with unlawful possession of marijuana. Baldwin's vehicle was stopped for an alleged traffic violation at 2:37 a.m. Thursday on Bank Street, Batavia, by Deputy Andrew Hale.

Clint Jacob Reed, 19, Peart Avenue, Rochester, is charged with operating a motor vehicle while impaired by drugs and inadequate headlamps. Reed was stopped at 9:55 p.m. Tuesday on East Saile Drive, Batavia, by Deputy Ryan DeLong.

Jacquetta Simmons made it to court today, and despite a recommendation from her new attorney that she be sent to anger management classes, she was sentenced to 15 days in jail on her misdemeanor harassment conviction.

Previously, Simmons admitted to having physical contact with a 55-year-old woman at a church event in 2014.

City Court Judge Durin Rogers said he didn't think SImmons was a good candidate for counseling given her criminal history and lack of remorse.

According to a pre-sentence report, as discussed in court, Simmons blamed the victim for the altercation in 2014.

A week ago, Simmons failed to appear for her sentencing and her attorney at the time, Ann Nichols, asked to be removed from the case.

Public Defender Jerry Ader represented Simmons in court today.

Simmons made national headlines in 2011 when on Christmas Eve, while shopping at Walmart, she delivered "a roundhouse punch" to an older woman who was working as a cashier that day. The victim had asked to see a receipt from Simmons for prior purchases that Simmons brought with her when she came through a checkout line for a second time. 

The case went to trial and Simmons was convicted by a jury of a felony assault charge. She was sentenced to five years in prison, but an appellate court overruled the sentence and the sentence was reduced to a year in jail.

(Via our news partner, WBTA.)

A 31-year-old Batavia resident with multiple prior arrests will be evaluated for his mental capability to understand the charges against him before he's allowed to plead guilty to felonies stemming from an incident in October.

Interim Genesee County Court Judge Micheal Pietruszka wasn't satisfied with the explanation of attorney Lisa Kroemer, of the Public Defender's office, that Matthew D. Derrick could competently understand the legal proceedings today, even though Kroemer needed to rephrase what Pietruszka was telling the defendant.

The problem started as soon as Pietruszka asked Derrick if he was ready to plead guilty to the document in front of him, called a Superior Court Information (or SCI).

Kroemer turned to Derrick, pointed to the document and told Derrick, "this is what we discussed earlier."

Pietruszka stopped the proceedings immediately and wanted to know what was going on.

Kroemer tried to explain how she was helping her client and Pietruszka wondered why there was a problem. Kroemer tried to explain there was a language barrier and Pietruszka wanted to know if Derrick spoke English. He does, and Kroemer tried to explain that he needed help understanding what he was being told, so Pietruszka wondered if a there should be a forensic evaluation. 

When it looked like Pietruszka wasn't going to continue with the proceeding, District Attorney Lawrence Friedman asked if the attorneys could approach the bench.

The attorneys and judge then held a conversation audible in the courtroom about Derrick's ability to understand the legal process. 

Kroemer told Pietruszka that her client couldn't process the judge's spoken words quickly and that he needed to be shown the documents in front of him to make the connection between what Pietruszka was asking and what she had explained to him just an hour before his appearance in court.

She tried to explain that Derrick did understand the legal system and could process the information, he just needed help with the language of the system.

"You're the judge and if you don't feel comfortable with that, well, we've got to find a different way," Kroemer said.

"The questions are as simple as I can get them," Pietruszka said.

The Batavian reported on arrests of Derrick in 2010, 2013 and 2015. Kroemer told Pietruszka she has represented him previously and that he could understand what was going on in court.

She told Pietruszka, "he understands the legal process," and Pietruszka replied, "I'm not seeing that."

The attorneys returned to their tables and Pietruszka again asked Derrick if he understood the SCI (a SCI is much like a grand jury indictment, but is used when a defendant has waived a grand jury hearing and agreed to plead guilty as part of a plea agreement).

Derrick nodded his head yes and Pietruszka told him he needed to provide an audible answer. Derrick didn't move.

Kroemer asked him if he needed Pietruszka to repeat the question and Derrick said, "No, your honor."

At that point, Pietruszka ordered Derrick to undergo a forensic evaluation to determine his competency to understand the proceedings.

Derrick was arrested in October on charges of third-degree criminal possession of a weapon, first-degree menacing,endangering the welfare of a child, and second-degree harassment. 

On Oct. 8 at 10:30 a.m., Batavia Police responded to 335 Bank St. for the report of a male with a knife threatening to harm other people. Upon arrival, Derrick was taken into custody. Further investigation revealed that Derrick allegedly possessed a corkscrew and threatened a 14-year-old male with the corkscrew. 

The first of what may be two arrests in the case of stolen batteries from farm equipment in Genesee County has been made.

Amber L. Heveron, 28, of Rice Road, Albion, is charged with grand larceny, 4th, a Class E felony.

Heveron was arrested following an investigation by Chad Minuto, Bradley Mazur and Joseph Graff, of the Sheriff's Office, into the series of thefts of heavy-duty batteries from tractors and trucks throughout Genesee County between July and September.

Investigators contend that Heveron was not working alone.They anticipate another arrest before the investigation is completed and that Heveron will face additional charges.

Heveron was arraigned in Stafford Town Court and released under supervision of Genesee Justice.

Press release:

The City of Batavia Police Department is asking for help in locating a person of interest in the shooting that occurred on 12/02/2016 in front of 107 Jackson St. The Batavia Police Department is attempting to locate Jeremy Armstrong (A.K.A. "Boog") for questioning in this case. Jeremy is described as a light-skinned male black about 5’10”- 6’ with a thin build. He has a deformity to his right ear and also to one of his hands.

If seen, do not confront. Call 9-1-1 immediately. You may also contact the Batavia Police confidential tip line at 345-6370, or Det. Sgt. Crossett at 345-6353.

Stacey Dawn Mancuso, 46, of Jamison Road, Elma, is charged with two counts of felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, aggravated unlicensed operation, 3rd, and no right and no left turn signal. Mancuso was stopped at 2:22 p.m. Sunday on Pratt Road, Batavia, by Deputy Richard Schildwaster. A passenger in the vehicle was reportedly 5 years old, leading to a charge under Leandra's Law. She also allegedly had a prior DWI conviction within the past 10 years. She was jailed on $10,000 bail.

Daniel John Moore, 36, of Asbury Road, Pavilion, is charged with harassment, 2nd, and criminal mischief, 4th. Moore was arrested after deputies responded to a report of a domestic incident in Pavilion at 8:10 a.m., Nov. 30. Moore allegedly had physical contact during the argument with a person who had called 9-1-1 and Moore allegedly terminated the 9-1-1 call. He reportedly left the scene before deputies arrived and was later located that night and arrested.

Dylan Michael Cobernus, 20, of Maxon Street, Brockport, is charged with unlawful possession of marijuana and speeding. Cobernus was stopped at 10:37 p.m. Wednesday on Route 98, Elba, by Deputy Ryan DeLong.

Devan Dashaun Hazel, 22, of Lewis Place, Batavia, is charged with trespassing. Hazel is accused of trespassing on College Village property at 5:43 a.m. Sunday.

A 17-year-old resident of Harris Road, Le Roy, is charged with criminally using drug paraphernalia, 2nd, criminal impersonation, 2nd, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument and unlawful possession of marijuana. The youth was arrested following an investigation by Deputy Micheal Lute into an incident reported at 11:30 p.m. Dec. 5 on Route 77 in Pembroke. The youth was jailed on $2,500 bail or $5,000 bond.

Taheed Mical Moffett, 31, of Arnet Boulevard, Rochester, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia and unlawful possession of marijuana. Moffett was arrested after deputies were dispatched at 12:11 a.m. to the Econo Lodge on Route 77, Pembroke, to check the welfare of an individual.

Patricia Guy, 68, of Yonkers, is charged with five counts of offering a false instrument for filing, 1st, and one count of grand larceny. The former Batavia resident is accused of claiming more people living in her residence than were actually living there, allowing her to collect more in food stamps than she was eligible to receive. The alleged falsified forms were filed between July 2012 and January 2015. She is accused of receiving benefits she wasn't entitled to of $1,474.47. She was arrested by Deputy James Diehl following an investigation by Michael Kowalczyk, principal fraud investigator for DSS.

A 16-year-old resident of Ridge Road, Albion, is charged with unlawful possession of marijuana and inadequate exhaust. The youth was stopped on Bloomingdale Road, Alabama, at 7:41 p.m. Friday by Deputy Eric Meyer.

A former JCPenney employee admitted in County Court today to stealing nearly $5,000 from the company's local department store earlier this year but can avoid prison time if she stays out of trouble for a year.

Danielle S. Cervone, 20, of Ellicott Street Road, Batavia, made full restitution to the store, $4,705, as a condition of accepting the plea offer from District Attorney Lawrence Friedman.

She entered a guilty plea to grand larceny, 3rd.

Cervone, out of jail on her own recognizance since her arrest, will be sentenced Jan. 31. According to the plea deal, she will be on interim supervision for one year. If she abides by the terms and conditions of probation, she will be able to withdraw her plea to the Class D felony and plead guilty to a misdemeanor charge of petit larceny with no agreement on sentencing.

Press release:

On 12/02/2016 at about 4 p.m. a male victim arrived at UMMC ED with apparent gunshot wounds. He was treated and then transferred to ECMC. During the investigation it was learned that the victim had a verbal altercation, with a person whom he knew, in the area of 107 Jackson St. During this altercation the suspect, described as a light-skinned male black about 5’10” to 6' tall, used a handgun to shoot the victim. If anyone has information on this incident you are asked to call Det. Sgt. Crossett at 345-6353.

A man was reportedly shot late this afternoon in the City of Batavia according to sources.

Chief Shawn Heubusch said the police will release a statement later. 

No other confirmed details yet available. 

UPDATE 7:57 p.m.: Statement released by police:

A corrections officer working at the Genesee County Jail is being accused of having consensual sex with a female inmate, leading to his arrest and firing by the Sheriff.

Michael E. Glow, 36, of Batavia, is charged with rape in the third degree.

Though the sexual act was deemed consensual, under New York law, a person in custody is deemed incapable of giving consent when the partner is an employee of the corrections facility.

The incident allegedly occurred while Glow was supervising a work detail at a location in the City of Batavia on April 17.

The Sheriff's Office initiated an investigation recently after learning of the alleged sexual contact.

Glow, who worked at the jail for five years, was terminated by Sheriff Gary Maha when he was charged with the Class E felony.

Following arraignment in City Court, Glow was released under supervision of Genesee Justice.

Joseph Dwayne Powell, 49, of Telephone Road, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, promoting prison contraband, 2nd, unlawful possession of marijuana and insufficient tail lamp. Powell was stopped at 9:10 p.m. Sept. 16 on Black Street Road, Pavilion, by Deputy Ryan DeLong. Powell was transported to the Genesee County Jail for processing and was allegedly found in possession of marijuana inside the jail.

Kevin Michael Horn, 49, of Conway Road, Bethany, is charged with trespassing. Horn allegedly walked onto posted property on Molasses Hill Road, Bethany.

A local landlord appeared in County Court today to enter a not guilty plea to a four-count indictment that accuses him of falsifying records and stealing Section 8 rent money from the state.

The charges stem from a dispute, said his attorney Fred Rarick outside of court, between James Pontillo and officials in Genesee County (see statement at bottom of the story for clarification) over the proceeds from the estate of Jeanne Veronica Pontillo, the 25-year-old sister of James Pontillo who died in 2012 from a rare form of cancer.

“There’s a lot more to this than him going out and saying 'I’m going to rip off my estate,' " Rarick said.

Jeanne Pontillo was not an official business partner with James Pontillo, but she helped him with his real estate investment business, Rarick said.

“If you just look at the history of James and his sister, they worked together very well for many, many years," Rarick said. "I’ve known Jeanne and James and I saw the way they worked together. She did the office and James bought the properties and refurbished them. They had an incredible relationship.”

James Pontillo is Jeanne's sole heir. Her estate included her personal residence.

After her death, James continued to manage that property, even renting it out with, according to Rarick, the blessings of the County Treasurer's Office (see statement at bottom of the story for clarification)​.

Everything was above board, Rarick said.

James Pontillo even paid all of the taxes on his sister's property. He also paid all of the funeral expenses instead of waiting for the estate to do it, Rarick said.

“Because," Rarick said, "ultimately he said, ‘it’s all coming to me anyway.’ ”

There are other allegations related to the handling of the estate by the County, but documentation was not immediately available.

Most arraignments are uneventful but two issues came up during Pontillo's arraignment today: A dispute over whether Pontillo had previously violated his release under supervision contract and a really unusual dispute over an order of protection.

There was a prior allegation that Pontillo left the county without properly notifying Genesee Justice. He apparently went to Monroe County to deal with property he owns there. According to Rarick, the issue was amicably resolved because there was some question as to whether the proper message got to the proper person at Genesee Justice, but Pontillo had called Genesee Justice about his plans.

As for the order of protection, typically, a temporary order of protection is issued to a defendant barring contact or harassment by the defendant of the crime victim, persons making an allegation or key witnesses. 

District Attorney Lawrence Friedman tried to make just that point to Interim Judge Micheal Pietruszka today when a disagreement arose over an order barring Pontillo's contact with County Treasurer Scott German.

Pietruska asked Friedman if he anticipated any trouble and Friedman said he doesn't typically ask for orders of protection because he anticipates trouble, but because he wants to ensure there isn't a problem.

The request for an order left the territory of ordinary when Rarick noted that because of the ongoing estate case, Pontillo might have contact with German. Friedman said he wasn't aware of any example of anybody being arrested because they had contact with a person during normal court proceedings.

Pietruszka amended the order to ensure it didn't cover legal proceedings and Friedman expressed concern that the language was too vague.

At that point, Pietruszka plopped a big book of statutes on his desk and started thumbing through it and then read a passage covering the need to show cause for an order of protection. He then pressed Friedman to show cause.

Friedman said he didn't come prepared to argue that point because of the routine nature of an order of protection, so he didn't have the specifics in front of him, but there had been, he said, communication between Pontillo and German that would be of a concern.

Rarick then objected to the order, noting that the DA had failed to show cause. Pietruszka asked for the signed copy of the order back, said he was vacating it and ripped it up.

Pontillo was released under supervision of Genesee Justice.  

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

Photo: File photo of James Pontillo at his property in Stafford.

UPDATE: 4:50 p.m.: We emailed Scott German to give him a chance to respond. Here is his statement:

I will not comment on pending litigation. This litigation has nothing to do with the county, other county officials, or county attorney’s. The only reason I am involved is because I am the county treasurer and according to NYS law, when surrogates court determines there is no one qualified to serve as administrator of an estate, the surrogate names the county treasurer; I don’t get a choice. Apparently, at the time, the court determined no one was qualified to serve and I was appointed.

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

The convicted sexual predator facing new sex crime charges now also stands accused of lashing out while at the Genesee County Jail and injuring another person and causing damage to county property.

Marlek E. Holmes was arraigned in County Court this morning on three sealed indictments.

The first indictment contained counts of assault in the second degree, a Class D violent felony, and criminal mischief in the third degree.

Holmes allegedly attacked another person while at the jail on Oct. 30 and also damaged a holding cell that day.

The other two indictments contain a total of 29 counts of criminal contempt for allegedly violating a restraining order by contacting another person.

Holmes, who is being held without bail, was escorted into the courtroom by a Sheriff's deputy.

Already a Level 3 sex offender, Holmes was arrested in late October on charges of two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

The Buffalo attorney who has been by the side of Jacquetta Simmons throughout most of the Batavia woman's court appearances since 2012 has apparently had enough.

After Simmons failed to appear in City Court yesterday to be sentenced on a harassment conviction, Ann Nichols asked to be taken off the case.

The judge told her to submit her request in writing.

Simmons made international news on Christmas Eve 2011 when she delivered a "roundhouse punch" to the face of an older cashier at Walmart.

The case eventually went to trial, Simmons was convicted and given a lengthy prison term by Judge Robert C. Noonan. That sentence was overturned by a higher court and Simmons was sent to jail for a year.

The harassment charge stems from an altercation with a woman at an event at a local nonprofit's meeting room.

A warrant had to be issued for Simmons arrest after that case. She was eventually located and arrested.

With her failure to appear yesterday, Simmons is again on the wanted list.

Via our news partner WBTA.

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.