crime

A Level 3 sex offender facing a possible life sentence on his latest charges 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.

Pietruszka cited the five felony convictions, including two violent felonies, and five prior violations of terms of probation when ordering Marlek E. Holmes, 42, of Batavia, held without bail.

District Attorney Lawrence Friedman requested a no-bail status because if convicted of the two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

His attorney will have until Dec 16 to file any motions in the case, and a hearing on any motions was scheduled for 9:30 a.m., Jan. 11.

Linda L. Osowski, 49, of Lancaster, is charged with: felony DWI, refusal of prescreening device -- breath test, and consumption of an alcoholic beverage in a motor vehicle. On Oct. 27, the defendant was found in the parking lot of Pembroke Imtermediate School after police officers responded to a complaint about a sick or intoxicated driver at the location. Upon interviewing the operator and having her exit the vehicle to perform field tests, she was subsequently arrested. Osowski was arraigned in Pembroke Town Court and jailed on $5,000 cash or bond. The case was handled by Village of Corfu Police Officer Peter Scanio, assisted by Genesee County Sheriff's Deputy Lonnie Nati.

Via our news partner, 13WHAM. (Note: this is an edit from the broadcast version to replace video we can't use on The Batavian with our own photos.)

A resident in the Village of Bergen caught somebody trying to steal his Trump sign from his front yard this morning.

The South Main Street resident confronted the would-be sign thief and the thief returned the sign, then got in his vehicle and drove off.

The incident was reported to the Sheriff's Office at 9:30 a.,m., according to Chief Deputy Gordon Dibble.

The license plate number provided did not match a valid plate and the suspect was not caught.

Yesterday, the Sheriff's Office received a complaint of political sign thefts in Elba.

UPDATE: A reader reports that he confronted people stealing his Trump sign at his residence on South Lake Street, Bergen. "I ran in front of the car and forced it to stop," he said. He said two women were in the car and he said they had at least one other Trump sign in the car.  "I got my sign back and called the Sheriff, who came out and took info." The women were in a black Jeep. The reader said he's heard of several Trump signs being stolen in the area.

Robert S. Sojda, 52, of West Main Street Road, Batavia, is charged with petit larceny. At 10:52 p.m. on Oct. 25 Batavia Police responded to the Speedway convenience store at 204 W. Main St. for the report of a larceny. While police were on scene, Sojda returned to the store and he was taken into custody. He allegedly stole a Mike's Harder Lemonade by placing the can inside his sweatshirt prior to leaving the Speedway. He was issued an appearance ticket for Nov. 1 in City Court. The case was handled by Batavia Police Officer Erick Perkins.

Dakota O. Irvin, 25, of Ross Street, Batavia, turned himself into Batavia Police headquarters Oct. 24 on a bench warrant after he failed to appear in City Court for a traffic ticket issued Oct. 19 for third-degree aggravated unlicensed operator. He was jailed on $500 bail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins.

A convicted sexual predator has been arrested and accused of sexual contact with a child.

Marlek E. Holmes, 42, of Batavia, is being held without bail after being arraigned in County Court on an 11-count grand jury indictment.

The assaults allegedly occurred in the City of Batavia and Village of Le Roy from 2010 to 2015.

He is charged with 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.

Holmes has previously been arrested locally on charges of failure to register a change of address as a Level 3 sexual offender and of sending indecent texts to a child.

A resident at 21 Main St. in the Village of Elba reports the larceny of political signs from his front lawn. Sheriff's deputies are responding to the complaint.

Heather Ace was hanging out at a friend's house drinking Four Loko* the night of May 20 when her mother tried to call her and tell her that her house on Bank Street Road was on fire, according to a statement Ace gave to investigators.

When Ace didn't answer the phone, her mother sent her a text message, according to a statement by Tracy Ace, that read, "Answer your f---ing phone."

Heather answered on the next ring.

According to Heather's friend, Ashki Zajaczkowski, Heather dropped the phone and started screaming.

Zajaczkowski drove Heather to 8157 State Street Road, Batavia, where she lived with her three boys, including two fraternal twins, Micah and Michael Gard, and before Zajaczkowski would even stop the car, Heather was running from the car hysterically. 

The evening wasn't supposed to go as it did, according to the statements. Heather Ace was planning to go to the movies with Zajaczkowski and other friends, but as afternoon turned to evening, nobody really felt like heading out of town.

Ace put her two children to bed sometime between 8 and 8:30 p.m. and then headed over to a friend's house. She smoked some weed and then went to the Speedway and bought a can of Four Loko and some water before heading over to Zajaczkowski's house.

The two boys were locked in their room, with a lock on the kitchen side of the door put in place after the boys wandered out of the house over to the neighboring house, the residence of their grandparents.

When firefighters arrived that night, they also found the door leading into the apartment kitchen locked. Heather Ace said in her statement, she didn't know how the door became locked. She said she didn't lock it before leaving the house. Tracy Ace said it wasn't Heather's practice to lock the door because her husband needed access to the basement, where he stored his tools.

The cause of the fire has never been determined.

Micah and Michael died in the fire and Heather Ace has been charged with endangering the welfare of a child.

She appeared in Town of Batavia Court yesterday and entered a not guilty plea.

She is represented by public defender Jerry Ader, who said yesterday he had not yet had a chance to discuss the case with his client.

Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.

*Four Loko is a flavored, malted alcoholic beverage.

Cassandra Blake was jailed today on $250 bail or $500 bond for her alleged role in taking a labradoodle from the kennel where she worked, posting an ad for it on Craigslist under the alias Amy Fairview and then selling the dog, which was actually a family pet belonging to somebody else.

Sources told our news partner 13WHAM that Blake has been known to sell pets on Craigslist recently.

In 2014, Blake was indicted in Genesee County on a grand larceny charge. Blake was accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion.

That charge led to Blake being placed on probation, and that probation was later transferred to Monroe County.

Cynthia May Mack, 49, of Pearl Street Road, Batavia, is charged with harassment and false personation. Following the investigation into a domestic incident at 10:07 a.m. on Oct. 21 on East Main Road, Le Roy, Mack was arrested after allegedly punching an individual in the face while in presence of law enforcment, and she allegedly provided them with a false name. She was put in jail and is due in Le Roy Town Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

Danielle Marie Stewart, 18, of East Main Road, Stafford, is charged with unlawful possession of marijuana. Following the investigation at 12:23 a.m. on Oct. 25 into a suspicious condition in a parking lot on Main Road in the Town of Stafford, Stewart was allegedly found to be in possession of marijuana. She was issued an appearance ticket and is due in Town of Stafford Court on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Tyler Penepent, 22, avoided a possible 25-year term by accepting a plea deal.

Co-defendant Justin Smith also entered a plea deal previously and has already been sentenced to three years in prison.

The duo was captured because a clerk in the 7-Eleven recognized Smith and they were taken into custody within hours of the robbery. 

They were charged with robbery in the first degree after entering the store at 2:30 a.m. March 14 wearing ski masks. They confronted the clerk and demanded the code to the cash register. They took off with an undetermined amount of cash.

Via our news partner WBTA.

At 84-years-old, soon to be 85, Laura Viehdeffer is likely the oldest person to ever plead guilty to a drug sales charge.

Viehdeffer, a resident of West Main Street, Batavia, was arrested May 25 for two incidents nearly a year before when she sold hydrocodone, which she had a prescription for, to an agent of the Local Drug Task Force. She entered a guilty plea in August to one count of criminal sale of a controlled substance.

She was sentenced yesterday to five years probation by Interim Judge Michael Pietruzska.

Defense attorney Jamie Welch argued that given his client's lack of criminal record and advanced age, a conditional discharge (meaning the conviction is wiped clean if she stayed out of trouble for six months) was the most appropriate sentence.

 “This is unlike the 20-, 30- or 40-year-old defendants facing these charges,” Welch said.

Pietruzska made no comment on Welch's argument before sentencing Viehdeffer.

Viehdeffer made no statement prior to being sentenced.

Photo and info via our news partner, WBTA.

The former Batavia mother who is accused of leaving her two young children home alone before a fire broke out, killing both little boys, made her first court appearance today on charges of endangering the welfare of a child; she entered a not guilty plea.

Public Defender Jerry Ader told Justice Micheal Cleveland that he had not yet been able to meet with his client and asked that her case be continued to 10:30 a.m., Nov. 21.

Ace made no statement during the short proceeding.

Investigators have not said where they believe Ace went the night of May 20, allegedly leaving her 2-year-old twins, Micah and Michael Gard, unsupervised at 8157 State Street Road, Batavia.

The children were inside their bedroom at the residence at the time. The investigation determined that the fire originated either inside of, or in close proximity to, the children's bedroom. The cause of the fire remains undetermined.

Ace, out of jail on her own recognizance, was given revised release orders. Cleveland ordered her to report for supervision to Genesee Justice.

ADA Melissa Cianfrini asked Cleveland to order Ace undergo alcohol evaluation, but Cleveland's order specified only that she not consume alcohol or non-prescription drugs while the case is pending.

Ace appeared in court accompanied by several friends and family members.

An attempted burglary has been reported -- didn't catch the address -- and there is damage to a door. The suspects were last seen fleeing west on Route 5 -- in a golf cart. Law enforcement is responding.

UPDATE 2:15 p.m.: Law enforcement is out with the golf cart, a Yamaha. No word on arrests.

Bryan D. Bates, 37, of West Main Street, is charged with second-degree burglary, first-degree coercion, second-degree harassment, obstruction of government administration, and resisting arrest. Bates was arrested at 6:35 a.m. on Oct 20 on Liberty Street, Batavia, following a domestic dispute. Bates allegedly unlawfully entered the victim's residence with the intent to commit a crime. He then allegedly became involved in a physical disturbance with the victim. When confronted by police, Bates fled until he was captured by poluce, at which time he allegedly resisted arrest. He was arraigned in City Court and jailed without bail. He is due in court Oct. 27. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Paris J. McCrimmon, 24, of South Swan Street, Batavia, is charged with first-degree coercion, second-degree menacing, endangering the welfare of a child, and obstruction of governmental administration. McCrimmon was arrested at 9:20 p.m. on Oct. 21 on South Swan Street following a domestic dispute. The defendant was  arraigned in City Court and jailed without bail. The defendant is due in City Court this afternoon. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Samantha Tando, 36, of Penfield Road, Penfield, is charged with second-degree harassment. She was arrested and processed on location at 11:30 p.m. on Oct. 17 following a physical domestic incident at Batavia Downs where it was alleged that she struck a male across the head. She was released on an appearance ticket and is due in City Court on Oct. 25. The case was handled by Batavia Police Officer Felicia DeGroot.

Tyrone A. Brooks, 24, of Tibbits Road, Medina, is charged with second-degree harassment. At 8:42 p.m. on Oct. 16, Batavia Police responded to the Genesee County Nursing Home on Bank Street for the report of a male refusing to leave. While entering the elevator, Brooks allegedly pushed an employee with his shoulder. He was subsequently arrested and arraigned in City Court. He was jailed on $500 bail and was due in City Court on Oct. 17. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Trey G. Henderson, 24, of Jackson Street, Batavia, was arrested at 12:55 a.m. on Oct. 22 as the result of an investigation into an incident that occurred a short time earlier at T.F. Brown's restaurant in Batavia. He is charged with second-degree harassment. He was processed, then released with an appearance ticket returnable to City Court on Oct. 25. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Eric Bolles.

Jamie J. Corrieri, 52, of Ellicott Street, Batavia, is charged with DWI, speeding, refusal to take a breath test and driving in the center lane. Corrieri was arrested at 1:39 a.m. on Oct. 21 as the result of a traffic stop on Ellicott Street a short time earlier. The defendant was arraigned at 6:30 a.m. in City Court, then jailed on $1,000 cash or bond. Corrieri was due in City Court to answer the charges on Oct. 21. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Eric Bolles.

Christopher Lambert, 36, of Jackson Street, Batavia, is charged with possession of a hypodermic instrument and criminal possession of a controlled substance in the seventh degree. At 10:40 p.m. on Jackson Street, Lambert was allegedly found in possession of a hypodermic needle and heroin. He was issued an appearance ticket for Oct. 25 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Dakota Ryan Lee White, 18, of South Lake Avenue, Bergen, is charged with petit larceny. The defendant was arrested at noon on Sept. 29 on Buffalo Road in Bergen after an investigation revealed he allegedly took merchandise from a business in the Town of Bergen during the course of his employment. He was issued an appearance ticket for Bergen Town Court on Nov. 2. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Adrienne F. Yocina, 35, of Alleghany Road, Corfu, is charged with petit larceny. Yocina was arrested at 4:29 p.m. on Oct. 18 after an investigation at a place of business on Ellicott Street in Batavia. Yocina allegedly stole money from the business over the period of a month by making false returns. Yocina was issued an appearance ticket for Oct. 25 in City Court. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Officer Chad Richards.

Frank Edward Finnin, 50, of Raymond Avenue, Batavia, was arrested at noon on Oct. 12 on a warrant issued by Genesee County Court for alleged violation of felony probation. He was transported to Genesee County Jail by the Probation Department and was due in County Court this monring. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster.

Ivan Nicolivich Molodkin, 33, of Wellington Avenue, Rochester, was arrested on an outstanding bench warrant  after failing to appear at Batavia City Court. He was transported to City Court, arraigned and released on his own recognizance. He was due in court on April 27 in regard to an unspecified incident which occurred on July 2, 2015, on Main Street in Batavia. The case was handled by Batavia Police Officer Kevin DeFelice.

Richard E. Stafford, 76, of Orange Grove Drive, Batavia, was arrested on a bench warrant for failing to appear in City Court on a ticket for aggravated unlicensed operation. He was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

The Local Drug Task Force executed the warrant on Torrey's home and on Torrey himself and his vehicle in the Town of Le Roy. 

Agents allegedly found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Other charges include criminal possession of a controlled substance, 7th, criminal possession of marijuana, 4th, criminal possession of a weapon, 4th, and unlawful possession of marijuana.

He was jailed on $5,000 bail or $10,000 bond. 

Shawn T. Rushok is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that between Dec. 15 and April 24 in the Town of Le Roy, that Rushok subjected another person to sexual contact when that person was under age 11. In count two, the defendant is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count two that between those dates Rushok knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count three, the defendant is accused of the crime of first-degree sexual abuse for allegedly subjecting another person to sexual conduct by forcible compulsion on April 24. In count four, Rushok is accused of endangering the welfare of a child on April 24 for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. The crimes in counts two, three and four also allegedly also took place in the Town of Le Roy.

Christopher J. Campbell, 38, of Chaddock Road in Bethany, is a registered sex offender who, on Oct. 18, was charged with failure to report a change of address as required by law. It is a felony. He formerly resided on West Main Street Road in Batavia. Campbell was arraigned in Bethany Town Court and jailed in lieu of $5,000 cah bail. He is due to return to court at 7 p.m. on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Jason Saile.

Teresa M. Bosdyk, 54, of Water Street, Perry, is charged with DWI, speeding lane violation and not wearing a seat belt. The defendant was involved in a motor-vehicle accident at 11:50 p.m. on Oct. 18 on Ellicott Street Road in Bethany. It appears she crossed into the oncoming lane and struck a tractor-trailer. Further investigation revealed she was allegedly driving while intoxicated. Bosdyk was transported via Mercy Flight to Strong Memorial Hospital for evaluation of her injuries. She will return to Bethany Town Court at a later date. Additional charges are pending. The case was handled by Genesee County Sheriff's Deputy Howard Carlson, assisted by Deputy Andrew Hale.

Douglas Duane Brown Jr., 34, of Meadow Farm, North Chili, is charged with insufficient tail lamp, aggravated unlicensed operation of a motor vehicle in the third degree, aggravated DWI, per se, with a BAC of .18 or more, DWI. The defendant was stopped on Alexander Road in the Town of Alexander at 11:50 p.m. on Sept. 22 for an alleged equipment violation. Further investigation allegedly revealed that the defendant was driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Howard Carslon.

Adam Louis Zichitella, 18, of Cole Road, Colden, is charged with DWI, operation of a motor vehicle with a BAC of .08 percent or more, and stopping, standing or parking upon a highway. The defendant was found parked roadside in the southbound lane of Route 77 in the Town of Alabama at 12:43 a.m. on Sept. 25. An investigation allegedly revealed that the defendant was allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Howard Carlson.

Investigators have spent the day trying to track down new leads that might help them discover who was involved in yesterday's robbery of the M&T Bank branch in Elba.

The robbery was reported at 2:35 p.m. yesterday and seems to have involved two men dressed in masks, gloves and hoodies who fled in a stolen car before switching cars about a block away from the bank.

Chief Deputy Jerome Brewster said a team of investigators spent the day canvassing the area looking for witnesses or images from surveillance cameras that might assist in developing leads.

Investigator Joseph Graff told our news partner 13WHAM that investigators are also checking with costume shops to see if any connection can be made between the masks and gloves the suspects were wearing and a recent purchase.

Brewster said the Sheriff's Office is conferring with the FBI and law enforcement in Monroe County.

The initial getaway car was stolen from a car dealership in Rochester and had a stolen plate on the rear of the car.

Anybody who might have information that can assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Photo released this afternoon of the second suspect.

Peter Stanley Hawkins, 49, of A Cayuga Village Street, Niagara Falls, is charged with third-degree assault. He was arraigned on the charged in Darien Town Court at 4:20 p.m. on Oct. 18. His arrest stems from an unspecified incident that occurred at Darien Lake Performing Arts Center at 9 p.m. on Aug. 31. Hawkins was released under supervision of Genesee Justice and is due back in Darien Town Court at 1 p.m. on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Guillermo Avila-Ramirez, 64, of Port Bay Road, Wolcott, is charged with: third degree criminal possession of a weapon; unlawful possession of marijuana; unsafe tire; and uninspected vehicle. The subject was arrested for allegedly possessing a dagger in his truck after it was involved in a motor-vehicle crash on Bloomingdale Road at the Tonawanda Indian Reservation at 8:03 a.m. on Oct. 16. The subject also allegedly possessed a bag of marijuana in his pocket at the time of his arrest. He is due in Town of Alabama Court on Nov. 3. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Eric Seppala and NYS Trooper Mark Catanzaro.

Joshua John Dibble, 34, of Pearl Street, Batavia, is charged with petit larceny. At 4:28 p.m. on Oct. 15, following the investigation of a shoplifting complaint on Lewiston Road in the Town of Batavia, Dibble was arrested. He allegedly stole merchandise from a department store by passing all points of purchase without paying. He was issued an appearance ticket for Oct. 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Robert Henning.