crime

Arthur Brown

Arthur J. Brown, 46, of Britton Road, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance 3rd, obstructing governmental administration, resisting arrest, and tampering with evidence. Brown was reportedly the subject of a traffic stop on Jan. 31 by Officer Wesley Rissinger at an unspecified location in the City of Batavia. He allegedly fled on foot from his vehicle and attempted to hide a quantity of cocaine in a bush. Brown was arrested and arraigned in Centralized Court and ordered held in the Genesee County Jail. (Previously: Le Roy man in 'shots fired' case accepts plea deal)

Cassandra L. Elmore was arrested on warrants stemming from previous charges after she allegedly failed to appear in court as ordered. She was arrested on Aug. 30 on charges of criminal possession of a weapon, obstructing governmental administration, aggravated unlicensed operation third, operating a motor vehicle without inspection, and two counts of criminal use of drug paraphernalia. On Sept. 10, she was charged with obstructing governmental administration. Elmore was ordered held on $100,000 bail, $100,000 bond, or $250,000 partially secured bond.

Cordero L. Royes, 35, of West Main Street, Batavia, is charged with criminal contempt 2nd and burglary 2nd. Royes accused of violating a stay-away order of protection.  Officer Stephen Quider reportedly found Royes in a residence he wasn't allowed to enter. Royes was arraigned in City Court and jailed without bail.

Jarrod K. Fotiathis, 28, no permanent residence, is charged with burglary 2nd, petit larceny and identity theft 2nd. Fotiathis is accused of entering another person's residence, stealing property and personal information and then using the personal information to defraud the victim. Fotiathis was arraigned in City Court and ordered held on $2,000 bail, $5,000 bond.

Toni B. Crenshaw, 30, of Church Street, Lockport, is charged with felony DWI, felony driving with a BAC of .18% or greater, and failure to keep right. Crenshaw was stopped at an unspecified location in the City of Batavia on Feb. 4 by Officer John Gombos. Crenshaw was released on an appearance ticket.

Jonathan K. Banks, 30, of Park Road, Batavia, is charged with resisting arrest, criminal possession of a controlled substance 7th, tampering with physical evidence and obstructing governmental administration. During a traffic stop by Officer John Gombos on Jan. 31, Banks was allegedly found in possession of crack cocaine.  He allegedly attempted to flee on foot and fought with officers before being taken into custody. Banks was arraigned in Centralized Court and held in the Genesee County Jail.

Nikita N. Shook, 36, of East Main Street, Batavia, was arrested on three warrants out of City Court. She was arraigned in City Court and ordered held until her next court appearance.

A 16-year-old girl from Albion is charged with harassment 2nd. The girl was allegedly involved in a fight with another juvenile on Cherry Street in Batavia on Jan. 24. She was issued an appearance ticket.

Salvatore M. Motisi, 68, of Woodland Avenue, Farmingdale, is charged with DWI. Motisi is accused of driving his car over an embankment on an undisclosed street in the City of Batavia on Feb. 1.  He was arrested by Officer Wesley Rissinger and released on an appearance ticket.

Jenna L. Josephite, 34, of West Main Street, Batavia, is charged with trespass. Josephite is accused of being in a local residence without permission on Feb. 4. Josephite was issued an appearance ticket.

Aamir K. Holloway, 23, of East Main Street, Batavia, is charged with harassment 2nd. Holloway was arrested on Feb. 6. No further details released. Holloway was issued an appearance ticket.

Zakara R Jackson, 19, of Trumbull Parkway, Batavia, was arrested on a warrant issued by the BCC and additionally charged with criminal possession of a controlled substance 7th. Jackson is accused of failure to appear as ordered on a previous arrest. She was held in the Genesee County Jail pending arraignments.

Route 33, passing through Batavia, Stafford, Le Roy, and Bergen, is a favorite patrol corridor for local law enforcement.  Traffic stops along the corridor frequently lead to arrests, such as DWI, narcotics, or stolen property, and once in a while, perhaps it might lead to officers uncovering potentially bigger crimes.

Deputies Kenneth Quackenbush and Nicholas Chamoun aren't quite sure what they uncovered when they stopped North Carolina resident Michael Alan Jones and a passenger from Rochester when the officers encountered his vehicle on March 19 in Le Roy, but the involvement of the Joint Terrorism Task Force (JTTF) the evening of the arrest and the FBI eventually taking over the case suggests Jones wasn't just another guy with an illegal firearm. 

Yes, the two deputies were just doing their job, but part of the job satisfaction of being a police officer is knowing that you might have made a difference, even if you don't know what may have changed because you did good police work.

"There's certainly a sense of satisfaction that we know that we're a part of something larger, though we probably won't ever know what that was," Quackenbush told The Batavian. "But at the end of the day, you know, we don't know why they were here. We don't know what they were doing. And based on their behavior, it was something not good. And so we were able to intervene in that and at least delay plans if nothing else."

What Quackenbush and Chamoun found in a car owned and operated by Jones was a Palmetto State Armory AR15 .223 caliber rifle and a 30-round magazine.  That was enough for a SAFE Act-related arrest.

They also found, according to police documents, officer statements, and video from the scene, two brand new compound bows, tactical combat casualty care gear, casualty care manuals, handwritten copies of the Russian alphabet, right-wing extremist literature, assorted paramilitary gear, two-way radios, along with bolt cutters, a crowbar and gloves in a backpack.

"There was definitely a lot going on there that raised a lot more questions," Chamoun said. "None of those are in and of themselves a crime, but it kind of raised our questioning."

Even so, given the officers' training and experience, they weren't trying to uncover a terrorist plot during the traffic stop -- an agent of the JTTF would explore that while questioning Jones later back at the Sheriff's Office -- they were more focused on the potential for possession of stolen items, drugs, illegal firearms, or just what crime one of them might have committed that made them so nervous about talking with the deputies.

While 24-year-old Jones was accused of violating the SAFE Act, he was never prosecuted locally. Soon after his arrest, he was charged with a federal crime because he was a felon in possession of a firearm. He pleaded guilty in federal court and is expected to be sentenced on May 16.

Reporter Jordan Green, of Raw Story, picked up on the arrest of Jones because of his interest in the Jan. 6, 2021 insurrection in Washington, D.C., which Green has reported, Jones participated in (at least in the march), and he has identified Jones as a member of the Proud Boys and Patriot Front.

Given the interest in Jones by federal authorities and his potential involvement in extremist political groups, and the fact he was arrested locally, The Batavian requested from the Sheriff's Office through the Freedom of Information Law the arrest and investigation-related documents as well as body-worn camera footage of all law enforcement interactions with Jones and his passenger.

Federal authorities also expressed a strong interest in the man who was with Jones, but Green told The Batavian he has yet to uncover any ties between that man and any extremist organizations. The Batavian in its own search did not find any connection. Because he is not facing any criminal charges at this time, The Batavian is withholding his name and blurred his likeness in the accompanying video.

That's weird, right?
At 4:36 p.m. on March 19, Quackenbush and Chamoun were on patrol on Clinton Street Road when they spotted a silver Nissan Sentra with no front license plate (required in New York) and no inspection sticker or registration sticker visible in the windshield.  

Quackenbush turned around to follow the vehicle. 

A Sheriff's patrol vehicle turning around apparently caught the attention of Jones, who turned onto a side road. The patrol followed. He made at least two more turns, and at least on one, he didn't use a turn signal.

With that, the deputies had probable cause for a traffic stop.

Jones pulled over on School Road, and the officers approached the vehicle, Quackenbush on the driver's side, and Chamoun on the passenger side.

Quackenbush asked where they were going.  Jones told him they were going to Rochester, and Quackenbush wanted to know if that was the case, why Jones didn't stay on Route 33.  Jones said he thought he was on the road to Rochester. 

In the midst of the discussion about directions, Chamoun said, "You took three turns rather than just staying on the same road that you were on? See what I'm saying? It's a little weird, right?" 

He then asked the passenger to step out of the vehicle so he could question him separately from Jones.

"So we do this a lot," Chamoun tells the passenger once they're standing in front of the patrol vehicle. "It's a little weird when we see a car see us and then decide to turn onto back roads, as beautiful as they are, and then divert back to the same road that they're on, you know what I'm saying?"

"I see how you can think that," the passenger said.

"Well, I mean, it usually results in felony drug arrest, guns, warrants, that kind of stuff. We do this all the time."

Chamoun then asks several questions -- who owns the car, how long have you known him, where had they been, where they were going.

They had apparently been to a residence on Harvester Avenue in Batavia to purchase a Chevrolet Express Van, which the passenger did purchase, and then it was towed to a Batavia repair shop for maintenance. At least, that's the passenger's story.

But some key information the passenger shared with Chamoun didn't match what Jones was saying.

The passenger said he and Jones had recently met and they met online. Jones said they had known each other for years. He couldn't say how long. But they met through "just random stuff," and through a mutual friend whom they hadn't seen in a long time.

"I will say this your guys' stories are completely different," Chamoun tells Jones. "Weird, right? .... Typically, when a motorist is in a vehicle with a passenger who they claim they've been friends with for years, they should have the same story. So you understand that it's weird, right?"

Jones said he didn't have the best memory.

Then the officers start questioning both men about the bow in the back seat.  Neither claim ownership but said it wasn't stolen.

Then they wanted to know about the backpack in the front passenger seat with bolt cutters sticking out.  Jones said it belonged to the passenger. The passenger, when asked if it's his bag, says, "I plead the fifth."

The dance for information continues, with Jones telling the officers repeatedly, "nothing against you guys," as he evades straightforward answers to yes or no questions, claiming he generally doesn't trust police officers.  He tells them, "I'm sure you guys are great. You're just doing your job."  But remains evasive. He dodges questions. When he is seemingly caught in a lie, he says he's nervous because he's not experienced in dealing with police officers.

Quackenbush tells Jones, "I've been pulled over by police before, and I wasn't nervous, and I didn't lie, right? So when someone's lying to me, that seems to me, 'okay, there's something that he's hiding that he doesn't want me to catch."

Is there a gun in the vehicle?
At first, he's willing to let the deputies search the backseat of his car.  They inform him that since he is the owner and operator of the vehicle, he's responsible for its contents.

Eventually, Quackenbush asks directly if he can search the backpack.  He pulls it out and finds not just the bolt cutters but a crowbar, flashlights, and gloves.  He notes the items look like burglary tools.  The questions zero in on whether anything in the car is stolen.

As Quackenbush looks at the contents visible on the front seat, the broken glove compartment opens, and Quackenbush spots a box of ammo.

"Is there a firearm in the car?"

"There shouldn't be," Jones says.

Chamoun goes back to the patrol car and reads the passenger -- who has already been detained and is handcuffed -- his rights.

The passenger says he understands his rights and he wants a lawyer.

Chamoun heads back to the passenger side of the vehicle, where Quackenbush is continuing to examine the contents of the backpack.

"He just lawyered up," Chamoun says.

From this point on, Jones is a lot less willing to let the deputies search his vehicle.

Chamoun questions the passenger again. 

"Is that 762 yours?" 

"I plead the fifth."

"Are you comfortable back here? Can I get you anything?

"I plead the fifth."

Chamoun then returns to Jones and Quackenbush, who are standing in the roadway next to the Sentra.

"He says the rifle in the vehicle is yours," Chamoun tells Jones.

"So there is a rifle," Quackenbush says. 

Jones shakes his head no.

"He just told us there was," Quackenbush says. "What are we doing here?"

"He's scared," Jones says. "What do you want him to say?"

"What's the deal with a gun?" Quackenbush asks Jones. "Are you not supposed to own a gun? Is that what's up? Like, are you on felony probation? Have you been arrested for something that you're not supposed to own a firearm? Is that what this is all about? I mean, I'm just I'm done. I don't want to beat around the bush anymore."

Jones denies there's a gun in the vehicle.

"So you're saying that absolutely, no way, shape or form there is a gun in this vehicle?"

Jones shakes his head.

The deputies then turn their attention to the mismatched license plate and VIN number on the car.  Quackenbush charges Jones with driving an unregistered vehicle on a highway. The deputies now have the authority to impound the vehicle, which requires that its contents be inventoried.

While going through the items in the trunk, Chamoun pulls out a brand new, never been fired, AR15.

At this point, the officers were not aware of the suspect's felony conviction in North Carolina on sex crime charges, so they couldn't arrest him for a violation of probation. But the weapon and its magazine violated the SAFE Act.  Jones was charged with two counts of criminal possession of an assault weapon in the third degree.

In the patrol car, while in custody, Jones reportedly admitted to the felony charges in North Carolina, something that hadn't come up when dispatchers searched for any records on Jones during the traffic stop.

Friends in New York
The agent from the Joint Terrorism Task Force who questions Jones at Park Road really wants to know what Jones is doing in Western New York.

It can't be for the weather, the agent tells Jones.

"I really liked the snow so far," says Jones, who hadn't been in the Rochester area for even two weeks at that point, according to earlier statements to the deputies. "I got tired of the ice pretty, pretty fast. But it is nice. And, you know, I already have friends. I mean, you know, it's not like I moved into some random state."

The agent wants to know, if Jones is released, where he will stay.  Jones doesn't know but assures the agent he has plenty of contacts in the area, and he has no doubt he can find a couch to sleep on.  All he has to do is text a few people once he gets his phone back.

The agent asks if Jones there is a group in the area that he is a part of, or if he's linking up with a group while in the area.

"I would be more comfortable answering that after I talked to a lawyer," Jones says. "I can definitely say (long pause) I can definitely say (long pause) a lawyer would be good."

The agent presses Jones to tell him if there are any kinds of nefarious plots afoot. Rather than say he couldn't possibly know such a thing, denying any contact with terrorists, Jones says he would be willing to answer such questions but not under present circumstances.  He is in cuffs, and he wants to speak with an attorney. 

"I more than understand," Jones says. "I mean, I don't think anyone here wants anything like that to happen. No one wants people to get hurt. No one wants -- your counter-terror, right? ...  no one here likes terror. I mean, I hate to say the obvious. It is objectively a bad, immoral thing, speaking as a Christian, personally. But again, it's not that I don't want to help you. But my situation right now is -- handcuffs. And I would like to, I guess, not sleep here. I want to help you. But I want to help you in a way that helps both of us."

Later, another agent asks, "You don't think there are any immediate concerns?"

"I don't think there's anything that's going to pop up the next day or two, before talking to a lawyer, that would actually give you cause for concern, at least not to my knowledge, mind you, in my very limited time here," Jones tells him.

The FBI, though a public information officer, declined a request for an interview citing the pending sentencing for Jones.

Good police work
Sheriff William Sheron is proud of his men.  He chalks up the arrest to doing, well, exactly what they're trained to do (and both have received extra training through Sheriff's Office on exactly these kinds of traffic stops, called 'interdiction'). Both followed their training, he said, and their intuition, and doggedly tried to put the pieces together when clearly something was amiss.

In fact, the arrest played a role in both men receiving awards from the Sheriff's Office command staff two weeks ago at the department's annual awards luncheon.

Quackenbush was named Officer of the Year, and Chamoun received a meritorious service award. There were other actions by the deputies in 2022 that contributed to the awards, but the Jones arrest was cited as among the reason for the awards.

"It is good police work," Sheron said. "That's exactly what it is, you know, being inquisitive and acknowledging that when the hair stands up on the back of your head, and you're thinking something's not right here, probably something isn't."

Note About The Video: The Batavian received more than two hours of body-worn camera video. It's been edited down to 33 minutes. Most of the footage came from two deputies and duplicated events.  We edited to produce a chronological narrative, leaving out parts where wind noise made it impossible to hear speakers. Sometimes we used the better-quality audio from one officer's camera with video from the other officer's camera.  We also removed some information involving personal medical information about the suspect and discussion that was repetitive or revealed personal details about the passenger who wasn't arrested.

Brittany Leann Hollaert, 26, of Saint Paul Street, Rochester, is charged with petit larceny, unlawful fleeing a police officer, aggravated unlicensed operation 3rd, unsafe passing on left, speed not reasonable and prudent, and failure to obey a police officer. Deputy Mason Schultz attempted to stop a vehicle on Veterans Memorial Drive, Batavia at 1:22 a.m. on Feb. 3. As a result of the incident, Hollaert was arrested. Information on what was allegedly stolen was not released. Release status was not included in a press release. 

Justin Swift, 43, of Gilbert St Le Roy, is charged with grand larceny 3rd.  Swift was charged after an investigation by Genesee County Department of Social Services Investigator Robert Riggi.  It is alleged that Swift failed to report that he had earned wages through employment, resulting in him receiving $3,324 in SNAP benefits he was not entitled to.  Swift was arrested and arraigned in Batavia Town Court and released on his own recognizance.'

David Michael Wahl, 57, of Scottsville, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 2nd, no left-side mirror, unsecured license plate, and uninspected motor vehicle. Wahl was allegedly found in possession of narcotics following a traffic stop by Deputy Andrew Mullen on Feb. 6 at 9:08 p.m. on South Lake Road in Bergen. He was released on an appearance ticket.

James Dean Conway, 36, no residence provided, is charged with criminal possession of stolen property 4th. Conway is accused of operating and possessing a stolen vehicle on Route 20 in the Town of Bethany on Feb. 6 at 1:34 p.m.  He was apprehended by Deputy James Stack. He was released on an appearance ticket.

Arthur Brown

Sentencing has been set for 2 p.m. April 3 in Genesee County Court for a repeat violent felony offender who accepted a plea agreement this afternoon with a sentence agreement of no fewer than seven years and a maximum of 10 years.

Arthur J. Brown, 45, of Le Roy, pled guilty to three felony charges, paving the way for County Court Judge Melissa Lightcap Cianfrini to sign off on the prison term parameters agreed to by Assistant District Attorney Joseph Robinson and defense attorney Joseph A. Lobosco of Rochester.

By accepting the plea deal, Brown avoids a lengthy sentence on a charge of second-degree attempted criminal possession of a weapon, a Class D violent offense, in connection with an incident on Clinton Street Road (Route 33) in the Town of Stafford in September 2021.  That incident led to a massive manhunt after a wildlife scare cannon was mistaken for gunshots while Brown was hiding in a cornfield.

The defendant also plead guilty to third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

On Monday of this week, the county DA’s office extended a plea agreement of seven to eight years to satisfy the aforementioned offenses and others stemming from the September 2021 incident. It was changed to seven to 10 years today in consideration of a handful of other drug-related charges.

Brown also was informed that he would be forfeiting $2,405 that was seized during an investigation into the intent to sell offenses.

While Lobosco argued for Brown’s release upon his own recognizance or into the hands of Genesee Justice while awaiting the sentencing date, Robinson asked the judge to revoke bail in light of the defendant’s criminal record.

Lightcap Cianfrini decided to set bail at $30,000 (cash), $60,000 (bond) and $90,000 (partially secured) while placing strict conditions on that action.  She advised Brown that if he was to post bail or cash and that he did not appear at the sentencing hearing or if he violated any of the conditions imposed upon him, then he would lose the sentence cap.

Brown, per the plea deal, waived his right to a trial, his right to an appeal and his right to vote while incarcerated, the judge said.

The judge also outlined the sentences that Brown could have faced if he would have lost at trial – at least seven years in state prison, five years of post-release supervision and up to a $5,000 fine on the weapons charge; 12 years plus three years of post-release supervision and up to a $30,000 fine on the drug possession charge, and 1 1/3 to 4 years and a $5,000 fine on the SORA violation.

Previously:

• County ADA offers seven-to-eight-year sentencing deal to LeRoyan facing numerous felony charges
• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

During a break from Tuesday’s budget workshop, city leaders discussed various topics, including one City Councilman’s unusual visit last Friday.

While working at his kitchen table, two women had appeared on his doorstep, and, moments later, went around to his garage door, apparently shivering from the sub-zero windy temperature and begging to come inside. Their vehicle had broken down, and they needed a place to stay while they awaited a ride.

“One of the girls was screaming and crying, her hands were purple,” Councilman John Canale said. “I was trying to be a good Christian.”

Yes, perhaps hindsight has served him up a different answer for next time, but, especially on the heels of December’s massive blizzard and the need to shelter so many people in need, Canale did what he thought was the right thing by allowing the young women to warm up in his home.

Once inside, they asked to borrow a coat, and then went back outside to smoke a cigarette, he said. They came back inside before Canale noticed a sheriff’s, city police and unmarked vehicle each parked on the street. The ladies took off, and he called the police to ask, “are you chasing two girls?” Yes, they were.

What he didn’t realize was that their vehicle hadn’t broken down. The Rochester residents had apparently instead recently been at Pawn King in Batavia, which had filed a complaint of theft, prompting the Genesee County Sheriff’s Office to respond. The women allegedly fled the scene in a U-haul van and ended up at a cul-de-sac on Pickthorn Drive, where they abandoned the van, Batavia Police Chief Shawn Heubusch said.

The Sheriff’s Office and Batavia Police Department responded to the general area in the city and conducted a manhunt, Heubusch said, also using the tracking abilities of the K-9 unit.

“It took approximately an hour to locate the women from the time they fled their vehicle on foot,” Heubusch said. “K-9 Batu was utilized to track the individuals, successfully locating them inside an outbuilding after tracking them through several backyards.”

Breanna Brummond Brittany Hollaert

Breanna Brummond, 31, and Brittany Hollaert, 26, both of Rochester, are each charged with petit larceny, a class A misdemeanor, attempted grand larceny 4th degree, a class A misdemeanor and criminal trespass 3rd degree, a class B misdemeanor. Both women were issued appearance tickets, Heubusch said.

Hollaert was also charged with several traffic offenses “as she was identified as the driver of the van,” the Sheriff’s Office said.

‘There were several items recovered in the van which we suspect are stolen property and are working on identifying,” said Chief Deputy Joseph Graff, of the Sheriff's Office. “We are still investigating this incident and may have some further charges.”

The women had attempted to take the coat and a car key fob from Canale’s home during the incident, he said.

Heubusch cautions residents against letting strangers inside their homes.

“I know it is difficult to ignore people who may be in need of assistance, but I would advise residents to contact 911,” he said. “A patrol will be dispatched and assist the person if they are truly in need.”

It’s a lesson learned, Canale said. From now on, he will make sure to get proper identification before ever allowing a stranger into his home, he said.

Press release:

The Genesee County Sheriff’s Office would like to take this opportunity to remind everyone to remain vigilant so as not to fall victim to many prevalent scams.  As a general rule, it is a best practice to never provide personal or financial information to anyone who calls you over the phone or contacts you via e-mail or text message.  Scammers may purport themselves to be a relative, representative from Law Enforcement, the Federal Government, a Bank/Financial Institution, a utility company, or other consumer business. 

• Scammers will often contact you pretending to be from a known organization such as the Sheriff’s Office, IRS, FBI, Microsoft, Pay Pal, Amazon, or countless other businesses/government entities.  The scammer may indicate that you have a problem with your account or there is a virus on your computer, and they need to assist you in rectifying the issue. 

Scammers may ask:

• You to click on a provided link
• For personal and banking information
• For remote access to your computer to assist in correcting the fictitious problem 

Also:

• Scammers may tell you that your daughter, son, husband, wife, grandchild, a close friend or someone you know is in trouble with law enforcement and needs money for bail.
• Scammers may say that they are a lawyer and that there has been a terrible accident involving your relative, and they need money for legal fees or medical expenses     
• Scammers may indicate that you have won a sweepstakes and that they will be sending you a check to cash and then ask that a portion of the proceeds are sent back to them. 
• Scammers may ask for payment in the form of gift cards, or electronic payments or ask that you send cash in the mail to a specified address.  Scammers may also indicate that they will send a courier to your residence to retrieve your payment. 

These perpetrators of scams will attempt to pressure you to act quickly by threatening that the problem will only get worse if you don’t act now or that you will be arrested if the issue is not immediately addressed.  Scammers will mask their actual identity, often using surreptitious phone numbers, which may appear to be from a local area code or use an e-mail address that is very similar to someone’s that you may know.  Always pay close attention to details as it may save you from falling victim.      

Please be suspicious concerning anyone asking for personal or financial information.  If you suspect something may not be legitimate, tell someone you trust what the situation is before you act and potentially suffer a financial loss that may not be recoverable or disclose personally identifying information. 

If you fall victim to a scam, please report it to your local law enforcement agency.

Frank P. Falleti is indicted on one count of criminal possession of a forged instrument in the second degree, a Class D Felony, and one count of falsifying a business record in the first degree, a Class E felony. Falleti is accused of possessing on Aug. 9 a forged NYS registration document with the intent to defraud, deceive or injure another person.  He is accused of knowingly not entering a 2019 Mazda into the NYS online registry, Verify, with intent to defraud that included the intent to commit another crime or aid or conceal another crime.

Chad S. Williams is indicted on one count of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of a forged instrument in the second degree, a Class D felony, criminally using drug paraphernalia in the second degree, a Class A misdemeanor, and criminal impersonation in the second degree, a Class A misdemeanor. Williams allegedly found in possession of a 2008 Honda Civic on Nov. 8, along with a forged Texas motor vehicle registration. He is accused of knowingly possessing narcotics packaging. He is also accused of assuming the identity of another person.

Joseph T. Martino is indicted on one count of burglary in the third degree, a Class D felony, and grand larceny in the fourth degree. Martino is accused of entering a building on East Main Street, Batavia, and stealing property with a value in excess of $1,000.

Taylor M. Peyman, 31, of Washington Avenue, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation 1st, failure to yield the right of way and leaving the scene of a property damage accident. A hit-and-run accident was reported on Jackson Street, Batavia, on Jan.28 at an unspecified time. Peyman allegedly struck another vehicle head-on and then drove away. The other motorist involved in the accident pursued Peyman on foot and gave his location to police when he parked in a parking lot on East Main Street.  Peyman was arrested by Officer John Gombos after reportedly failing a field sobriety test.  He was released on an appearance ticket.

Jason W Lebar, 37, of Bethany Center Road, Bethany, is charged with criminal mischief 3rd and petit larceny. Lebar is accused of prying a vehicle emblem from the rear of a pickup truck at a local dealership on Feb. 1.  There was reportedly significant damage to the vehicle. He is also accused of trying to remove another emblem, destroying it in the process. Lebar was arraigned in City Court and released.

Michael A. Shelter, 32, of Judge Road, Oakfield, is charged with criminal contempt, aggravated family offense, and unauthorized use of a motor vehicle.  Officer Joseph Weglarski investigated a 9-1-1 hang-up call in the City of Batavia and uncovered an apparent disturbance involving Shelter and a person protected by an order of protection. Shelter allegedly fled the scene in the victim's car. Shelter was jailed pending arraignment.

Jessica L Holtz, 39, of William Street, Batavia, was arrested on two warrants. Holtz was arrested following her release from the Monroe County Jail. One warrant stemmed from an alleged petit larceny in November 2021. The second warrant stemmed from an alleged petit larceny at a church in November 2021. Holtz was held pending arraignment.

Krista S Kiblin, 32, of Mason Avenue, Rochester, is charged with petit larceny. Kiblin allegedly stole merchandise from a business in Batavia at an unspecified location on Jan. 27. She was issued an appearance ticket.

Matthew J Brown, 38, of Chestnut Street, Batavia, is charged with owning/harboring an unlicensed dog. Brown is accused of failure to license a dog after being warned to license the dog. He was issued an appearance ticket.

Kyle J Schroeder, 26, of Clinton Street, Batavia, was arrested on four warrants out of City Court. The first warrant stems from an arrest on charges of criminal trespass and petit larceny on April 25.  The second warrant stems from an arrest for driving while ability impaired by combined influence of drugs and alcohol and criminal possession of a controlled substance on May 11. The third warrant stems from an arrest on a criminal possession of a controlled substance charge on Aug. 25.  The fourth bench warrant stems from an arrest for criminal mischief on Oct. 11.  Schroeder was held pending arraignment.

An 18-year-old male of Washington Avenue in Batavia is charged with criminal contempt 1st and assault 3rd. The youth was arrested Feb. 1 after an investigation into a physical altercation and a violation of an order of protection in the City of Batavia.  The youth was arraigned in City Court and jailed on $500 bail, $2,000 bond, or $5,000 partially secured bond.

 

Tyrone Monroe Jr., 19, of Main Street, Attica, is charged with grand larceny 4th and five counts of falsifying business records 1st. Monroe is accused of stealing money and falsifying business records to try and conceal the crime while employed at Flying-J in Pembroke. He was arrested on Jan. 31 and issued an appearance ticket.

Keilah Lynee Hart, 27, of Woodrow Avenue, Rochester, is charged with introducing prison contraband 1st and criminal possession of a controlled substance 7th. Hart is accused of possessing a controlled substance while being booked into the Genesee County Jail on an arrest warrant at 2:36 p.m. on Jan. 31. She was released on an appearance ticket.

Baillie Marie Schwab, 23, of Alexander Road, Attica, is charged with felony DWI, driving with operator's view obstructed, and speeding. Schwab was stopped on Jan. 29 at 1:55 a.m. on Oak Street, Batavia, by Deputy Jonathan Dimming. She was issued an appearance ticket and released to a third party.

Diane Marie McKay, 57, of Lightwood Lane, Rochester, is charged with DWI, driving with a BAC of .18 or greater, and inadequate lights. McKay was stopped on Feb. 5 at 2:47 a.m. on Main Road, Stafford, by Deputy Zachary Hoy. She was issued an appearance ticket.

A “global” plea agreement that would satisfy several felony charges against a Le Roy man is on the table following a lengthy session Monday morning in Genesee County Court.

First Assistant District Attorney Joseph Robinson offered 45-year-old Arthur J. Brown (photo at right) a prison term of seven to eight years to satisfy criminal charges in connection with a September 2021 incident on Clinton Street Road (Route 33) as well as subsequent charges for failing to register as a sex offender and drug possession with the intent to sell.

Brown, who is being represented by Joseph A. Lobosco, is being held in Genesee County Jail in connection with the latest charges.

County Court Judge Melissa Lightcap Cianfrini scheduled his next appearance for 1:30 p.m. this Wednesday for determination of the plea offer.

Speaking following the two-hour session, Robinson said the plea offer is based on the following offenses:

• One count of violating the Sex Offender Registration Act, a Class D felony;
• Attempted criminal possession of a weapon, 2^nd degree, a violent felony;
• Attempted criminal possession of a narcotic drug with intent to sell, a Class C felony.

Robinson said that Brown was charged last week for “some drug offenses out of the city" (of Batavia) and was remanded to County Jail after arraignment on those charges. Brown was wearing the jail’s orange jumpsuit this morning.

The criminal possession of a weapon charge stems from an incident on the afternoon of Sept. 19, 2021, when Brown was stopped on Clinton Street Road in the Town of Stafford for allegedly driving erratically.

After being pulled over by law enforcement personnel, he ran into a cornfield and wasn’t apprehended for several hours. Initially, there was a report of “shots fired” (which later was determined not to be the case). Upon his arrest, law enforcement reported recovering a handgun at the scene, which Brown said wasn’t his.

From that incident, Brown was charged with second-degree criminal possession of a weapon, menacing a police officer, tampering with physical evidence to conceal or destroy, second-degree obstruction of governmental administration, seventh-degree criminal possession of a controlled substance, driving while impaired by drugs and failure to keep right. The first of those charges is a felony.

“With his history and the weapon charge being violent, he would be sentenced as a second violent felony offender,” Robinson explained. “And the agreement for the time is that he would be serving a minimum of seven years, but a maximum of eight – a one-year range – and that would be left to the discretion of the court once we come back for sentencing. And then there is a waiver of a right to appeal, which is typical in every case.”

When asked if this would be satisfying the case “globally,” Robinson agreed.

“Exactly. It would be resolving all of his pending matters in County Court, and whatever might be pending in town court. It would resolve all of these,” he said. “If he is going to take it, we’ll have an SCI or Superior Court Information filed, which is necessary for the court to be able to take a plea on the new charge from last week.”

During today’s proceedings, which were adjourned for an hour to allow for further consultation, Lobosco indicated to the judge that Brown is “somewhat amenable” to the offer but wished to be released from pending sentencing due to personal issues. Lightcap Cianfrini countered by saying that she would not agree to any type of relief prior to acceptance of the plea agreement.

The judge also advised Brown that much stricter sentences could be imposed – even up to 25 years to life -- should Brown opt to refuse the plea offer and then was found guilty of the many charges in a jury trial or trial in front of the judge.

Previously:

• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

A man who stole Nintendo Switch game consoles from Walmart and told employees he had a gun managed to evade law enforcement before officers arrived on scene on Saturday night.

The man smashed the glass of a display case at about 10:26 p.m., according to the Sheriff's Office.

He did not display a weapon while in the store.

The store was evacuated until officers determined the area was safe for customers and employees.

The robber fled in a vehicle. No description was provided of the man or the vehicle.

Deputies, State Police, and Batavia PD conducted a search of the area to try and locate the suspect.  He was not apprehended.

Anyone with information that may assist in the investigation is asked to call (585) 343-5000.

 

Defense Attorney Michael T. Dwan admitted in County Court Wednesday that after 20 years of practice, he's become pretty cynical, catching clients in lies, and finding out disappointing things he didn't know about them from pre-sentence investigations, but that hasn't been the case with Kaleb Bobzien, he said.

Kaleb, he said, is different. He's smart. He's articulate.  He graduated with honors from Byron-Bergen High School. He was captain of the football team. 

"This kid has a ton of potential," Dwan told Judge Melissa Lightcap Cianfrini. "I think he's a good kid. I think he's going to turn out just fine."

He argued that Bobzien should get credit for time served, and those 115 days in jail was punishment enough.

Cianfrini didn't see it that way.  In weighing a potential sentence for Bobzien, the things she needed to look at, she said, were the crimes he admitted to, his criminal history, his past tendency to disobey court orders, and whether he could be dissuaded from repeating his crimes.

In December, Bobzien entered a guilty plea to two misdemeanors – on an Alford basis, meaning he doesn’t admit to the factual assertions of the charges, he just acknowledges the likelihood of conviction at trial  -- to criminal contempt and to an obstruction breathing/blood circulation.

Cianfrini was particularly concerned about the obstruction of breathing charge. He's been charged with that before, and that's the kind of action, she said, that could lead him, even unintentionally, to killing somebody.

"You do need some additional time to sit and think about what you can do to keep this from happening again," Cianfrini said.

On both convictions, she sentenced him to 364 days in jail on each count, with the sentences served concurrently.

After his guilty plea in December, Bobzien and Dwan sat down with The Batavian for an interview in a courthouse meeting room. The most serious allegations against Bobzien -- what is commonly known as statutory rape -- had been dropped.  Even though Bobzien maintained his innocence -- hence the Alford plea -- and Dwan believed his client, it was still Dwan's advice that Bobzien accept the plea offer because of the color of Bobzien's skin.

"Because we walked into this with extraordinarily high risk," Dwan said at the time. "Let's be real, Kaleb is a young black man who is facing sex allegations, so as an attorney, I begged Kaleb to accept the plea that was put before him, not because I don't think that we would have succeeded at trial, but because the risk of going to trial would have been extraordinary."

Today, in court, Dwan explained at length to Cianfrini why he believed his client is innocent.  

On the contempt charges, of disobeying a stay-away order, Dwan said it was his view that the language on the order of protection allowed Bobzien to return to the residence where the teenage girl was living so he could pick up his personal belongings. 

As for the seven counts of rape in the third degree and criminal sexual act in the third degree, those charges wouldn't have stood up because the dates and times conflicted with periods of time when Bobzien was out of the country.  He also said there was sensitive medical evidence that indicated Kaleb didn't have sexual contact with the teenager who made the complaint against Bobzien. 

The victim had been arrested previously on a complaint by Bobzien on a criminal mischief charge. She then told a State Police investigator, Dwan said, "He turned me in to get me arrested. I'm going to put his butt in jail" (or words to that effect, Dwan explained, because he didn't have the exact quote in front of him).

He faulted the State Police investigator for not probing the girl's statements more thoroughly.

"I don't think the investigation was fair," Dwan said. "If it was (the investigator's) son facing these charges, I'm sure he would want the investigator serious, pointed questions put to the victim." 

Dwan said, "the assumption was that the complainant was being honest, and he should have had plenty of reason to believe she was being dishonest.  That assumption colored the entire investigation. That led to very serious charges that were in the media.  If you Google 'Kaleb Bobzien,' the results are not favorable.  That is going to be there forever."

He said at the time of the event that led to the obstruction of breathing charge came up, the complainant and another teenager were living with Bobzien and his child in a tiny apartment that wasn't suitable for them.  Dwan expressed some wonder at the girl's mother allowing her to live there.

"The whole thing didn't make any sense."

On the night of the incident, Bobzien came home from work and found the two girls and the young child in a room filled with marijuana smoke.  That upset Bobzien, and he took away their vape pipes, which they weren't even old enough to possess legally. 

"The girls freaked out," Dwan said.

Bobzien went to bed, but the two girls started going after him. 

"Whether he handled it perfectly or not, I don't know," Dwan said.

"I firmly believe that if this case went to trial, it would have unraveled quickly," Dwan said. "I think any thread you pulled on this sweater, you could have quickly had no sweater."

He said Bobzien does have issues with authority. In that way, he isn't much different from a lot of young men, especially if you consider his background -- he's one of 45 biological children of his father's, and his father was killed by police officers.  Bobzien was adopted as a child by a couple living in Bergen.

Dwan has been mentoring his client, he said. They watched body camera footage of Bobzien's interactions with police officers, and Dwan pointed out all the ways Bobzien mishandled the interaction and how he was disrespectful to the officers. 

"Most of the trouble he's had is because he runs his mouth," Dwan said. "That's not an unusual response for a young man of his age, and in that respect, especially one with his background.  I hope he's learned he needs to be respectful toward authority."

Assistant District Attorney Robert Zickl said he favored the maximum available sentence under the plea bargain -- a year in jail -- because of the seriousness of the charges and because of Bobzien's history of disobeying court orders and previous criminal acts.

Bobzien's statement to the court was filled with thank-yous.

He thanked his family for standing with him. 

"I know it wasn't easy for them to read the things said about me, and yet somehow they still loved me and supported me, and that's what I needed," he said. "When this happened, there were some really dark, dark days.

He thanked his attorney for not only believing in him but "also encouraging me to be a better person.  He has opened my eyes to things." 

He thanked the people of Batavia, whom he said have shown him a lot of support.

He thanked Robert Zickl for his professionalism, both for his willingness to listen and drop the rape charges also for his toughness in upholding the law. 

"I knew if my child was a victim, I would want those accusations to be taken seriously," Bobzien said. "Our only job is to protect kids, protect our future. He made it tough to prove my innocence, but he did the right thing."

He then apologized to one of the court officers.  

At Bobzien's previous appearance, while he was waiting for his case to be called, Bobzien was looking at his phone while another case was proceeding, and the officer told him to put the phone down.  Apparently, Bobzien spoke back to the officer.  An exchange Cianfrini later reprimanded him for.

"I disrespected you last time I was here," Bobzien told the officer. "That wasn't right. I don't want this to be about race, but as a black man doing what you do, I should respect you.  Black excellence is a hard thing to achieve, and I know that is my goal in life."

Previously: Bergen resident feels vindicated, can move forward with life, after felony rape charges dropped

Photo: File photo of attorney Michael T. Dwan and Kaleb Bobzien after Bobzien's court appearance in December. 

Alecia Lyons

Alicia M. Lyons, 43, of Colorado Avenue, Batavia, is charged with resisting arrest. Lyons was taken into custody on multiple warrants on Jan. 11. The first warrant was issued after an arrest on a trespass charge at a local business on May 28, where she was issued an appearance ticket. The second warrant was issued after an alleged trespass arrest at the same business on July 20, where an appearance ticket was issued. The third warrant was issued after another alleged trespass arrest at the same location, also on July 20, and the issuance of an appearance ticket. The fourth warrant was issued after another alleged trespass arrest at the same business on July 24.  Lyons was arraigned in City Court after this arrest and released on her own recognizance. The fifth warrant was issued after Lyons allegedly kicked another person at an apartment complex on East Main Street, and the issuance of an appearance ticket. The sixth warrant was issued after an appearance ticket was issued for an alleged trespass arrest for the same business on Dec. 6. Lyons is accused of failure to appear for all cases. This arrest was conducted by Officer Peter Post. While being taken into custody on these warrants, it is alleged that Lyons resisted arrest.  Lyons was arraigned in City Court and remanded to Genesee County Jail in lieu of $750 bail and scheduled to appear in Batavia City Court on Jan. 19. 

Nasir C. Nathan, 27, of Walnut Street, Batavia, is charged with gang assault 1st. Nathan is accused of participating in a gang assault on Oct. 4, 2019, on Highland Park in Batavia. He was arraigned in City Court and ordered held on bail of $10,000, $20,000 bond, or $40,000 partially secured bond. 

Cordero L. Royes, 35, of Maple Street, Batavia, is charged with harassment 2nd, assault 3rd, Driving While Intoxicated, Aggravated Unlicensed Operation in the First Degree and traffic law violation. Royes is accused of driving drunk on Dec. 31 in the City of Batavia following a traffic stop by Officer Sam Freeman. Also, on Dec. 31, Royes is accused of striking another person in the ribs and face during an argument.  He was arraigned in City Court and held without bail on the DWI charge.  On Jan. 1, Royes is accused of striking another person. He was arraigned in City Court and ordered held on $1 bail.

Alyssa K. Hillman, 29, of Main Street, Corfu, is charged with DWI. See entry below.

Richard W. Reid, 54, of Main Street, Corfu, is charged with DWI, leaving the scene of a motor vehicle accident, and moving from lane unsafely. A hit-and-run accident was reported to Batavia PD on Jan. 2 (location not disclosed). Upon an investigation by Officer John Gombos and Officer and Officer William Yung, it is alleged that Reid was the operator of the vehicle and that he drove away from the scene. It is also alleged that Reid and Alyssa K. Hillman switched seats, and Hillman was driving the vehicle when officers stopped the vehicle on Ellicott Avenue. Reid and Hillman were released on appearance tickets.

Daniel J. Bakowski, 42, of Ellicott Street, Batavia, is charged with assault 3rd, harassment 2nd, endangering the welfare of a child, criminal obstruction of breathing, and criminal mischief to prevent a request for emergency assistance. Bakowski is accused of assaulting another person while children were present on Jan. 18. He was turned over to the Genesee County Jail to await arraignment. The case was investigated by Officer Wesley and Sgt. Mitch Cowen.

Karina M. Treleaven, of Prospect Avenue, Batavia is charged with DWI. Treleaven was stopped in the City of Batavia on Jan. 17 by officers Felica Martinez and Megan Crossett. Treleaven was issued an appearance ticket.  No further details released.

Eric R. Raymond, 52, of Hillside Drive, Batavia, is charged with DWI, drinking alcohol in a motor vehicle, and failed to yield the right of way. Raymond was stopped on Jan. 15 (time not provided) in the City of Batavia (location not provided) by Officer John Gombos. Raymond was allegedly found to have a BAC of .08 or greater.  He was released on an appearance ticket.

Lazeuia D. Washington, 45, of West Main Street, Batavia, is charged with menacing 3rd and harassment 2nd. Washington is accused of being physically aggressive with a roommate in at a rooming house on West Main Street, Batavia, on Jan. 14. He was released following arraignment.

Jason W. Whitehead, 25, and Natalie N Neureuther, 23, both of Bank Street, Batavia, are charged with criminal possession of a controlled substance 7th, criminal use of drug paraphernalia, and act in a manner injurious to an individual under 17 years of age. Whitehead and Neureuther are accused of being in possession of items that were later found to test positive for cocaine. The items were discovered by probation officers and turned over to Batavia PD.  The items were reportedly located immediately in the vicinity of and easily reachable by a child who was present at the time. They were arrested on Jan. 13 and issued appearance tickets.

Anne Marie Boyce, 46, of Woodrow Road, Batavia, is charged with three counts of dog running at large. On Jan 10, police were dispatched to Woodrow Road, Batavia, for a report of a loose dog. On Jan. 11, police received a report of a large dog running loose on Woodrow Road. On Jan. 13, police officers were dispatched to Woodrow Road in Batavia for a report of three loose dogs.  Boyce was issued appearance tickets.

Gabrielle E. Melton, 27, of Walnut Avenue, Batavia, is charged with criminal mischief 3rd. Melton is accused of spray painting another person's vehicle on Summit Street, Batavia, on Aug. 21. She was arrested on Jan. 19. Melton was arraigned in City Court and released on her own recognizance. 

Patrice C. Haight, 60, of Allen Street, Batavia, is charged with DWI and speeding. Haight was stopped on Jan. 7, time unspecified, in the City of Batavia, location unspecified, by Officer John Gombos. Haight was released on an appearance ticket.

Daryl T Stalter, 37, of Brockport Spencerport Road, in Brockport, is charged with DWI, driving with a BACV of .128 or greater, and an open container. Stalter was arrested on Jan. 7, time unspecified, by Officer Joseph Weglarski after officers responded to North Spruce Street and Eleanor Place on a disturbance call. Stalter was released on an appearance ticket.

Ballard P. Maye, 36, of Swan Steet, Batavia, is charged with endangering the welfare of a child, criminal mischief and harassment 2nd. Maye is accused of being involved in a disturbance at a residence on Swan Street, Batavia, on Dec. 31. Maye was arraigned in City Court and released.

Timmy J. Frazier, 65, of Main Street, Batavia, was arrested on two warrants from Batavia City Court. On Jan. 5, Frazier was arrested on two warrants out of City Court.  The first warrant stems from an incident reported on Jan. 10 at a business on Main Street, resulting in trespass, resisting arrest and obstructing governmental administration charges against Fraizer. Frazier was issued an appearance ticket.  The second warrant stems from an incident on East Main Street on Aug. 8 in Batavia, that resulted in a trespass charge.  An appearance ticket was also issued in that case.  Frazier was arraigned in City Court on both warrants and remanded to the Genesee County Jail in lieu of $500 bail, $1,000 bond, or $3,000 partially secured bond.

Zachary J Sauberan, 27, of 2nd Street, Dunkirk, is charged with harassment  2nd. Sauberan is accused of being involved in a physical confrontation on Bank Street in Batavia on Jan. 4. He was released on an appearance ticket.

Aaron T Hendershot, 26, of Ellicott Street, Batavia, is charged with failure to appear. On Jan. 3, Hendershot was arrested on two warrants out of City Court.  One warrant was issued after an alleged failure to appear on a charge of criminal contempt 2nd stemming from an incident on Oct. 10 at a residence on Washington Avenue in Batavia.  The second warrant was issued for an alleged failure to appear on charges of criminal contempt 2nd and criminal trespass, stemming from an incident that occurred on Sept. 11 at a residence on Washington Avenue in Batavia.  Hendershot was arraigned in City Court and held on bail of $2,500,  $5,000 bond, or $10,000 partially secured bond.  

David A Kendall, 50, of Bank Street, Batavia, is charged with stalking 4th. Kendall is accused of following another motorist to a residence where he engaged in a verbal dispute on Jan. 2. Kendall was issued an appearance ticket.

Olivia J. Patten, 25, of North Main Street, Oakfield, is charged with theft of services. Patten is accused of leaving a local business on Jan. 2 without paying for services. Patten was arraigned in City Court and released.

Michael W. Flint, 23, of Spring Street, Mount Morris, is charged with failure to appear. On Jan. 1, Flint was arrested on a warrant issued by City Court for an alleged failure to appear on a charge of criminal contempt 2nd.  Flint was arraigned in Centralized Arraignment Part Court and released on his own recognizance. 

Billy Joe Budziszewski, 31, is charged with trespass and obstruction of governmental administration. Budziszewski is accused of refusing to leave a local business after repeated requests. He is accused of fighting with officers Sam Freeman and Adam Tucker during his arrest. He was issued an appearance ticket.

Julie R. Richardson, 32, and Jarrod K. Fotiathis, 28, no permanent address, are charged with criminal trespass 3rd. Richardson and Fotiathis were allegedly found inside a building in the City of Batavia they did not have permission to be in. They were released on an appearance ticket.

Jamie L Broadbent, of Walnut Street, Batavia, is charged with criminal trespass 2nd. Broadbent was allegedly found in a residence on Dec. 30 that he was not allowed to enter. He was arraigned in City Court and released.

Mark A. Remington, 48, of West Main Street, Batavia, is charged with sex offender failure to report an address change. Remington was arrested on Dec. 29 for allegedly failing to register a change of address as a registered sex offender. He was arraigned in City Court and released on his own recognizance. 

Michael R. Ostrander, 58, of East Main Street, Batavia, is charged with criminal contempt 2nd. The criminal contempt charge stems from an arrest on July 25. Ostrander is accused of failing to appear in court on the charge, and he was arrested on a warrant by Officer Kevin Defelice. He was arraigned in City Court and released under supervision. 

Robert D Griffin, 44, of State Street, Batavia, is charged with criminal contempt 2nd and aggravated family offense (more than one offense within five years). Griffen was arrested on Jan. 19 in connection with an incident and held in the Genesee County Jail awaiting arraignment. No further details released. Griffin was also arrested on Jan. 23 and charged with criminal contempt 1st for allegedly violating a stay-away order of protection. He was held pending arraignment.

Joseph C Jeffords, 31, of Chestnut Street, Batavia, is charged with unauthorized use of a motor vehicle. Jeffords is accused of using a friend's vehicle to go to Rochester and then not returning it. He was issued an appearance ticket. He was arrested on Jan. 23.

Anthony L Vanelli, 45, of Federal Drive, Batavia, is charged with not appearing on a petit larceny charge. Vanelli was arrested on Jan. 23 on a warrant. He is accused of stealing a KitKat candy bar and Nitro Pepsi from a local business on May 2. He was arraigned in City Court and ordered held on $1 bail.

Robert A Shuttleworth, 64, of Gaslight Lane, Batavia, is charged with operating a motor vehicle with suspended registration, aggravated unlicensed operation 2nd, operating a motor vehicle without insurance, and operating a motor vehicle by an unlicensed driver. Shuttleworth was stopped by Officer Andrew Mruczek on Jan. 20 at an undisclosed location in Batavia. He was ordered to appear in City Court on Feb. 14.

Shelby L Fryer, 27, of Prune Street, Batavia, is charged with DWI, Driving with a BAC of .08 or greater, and unlicensed driver. Fryer was arrested on a warrant related to the charges. Fryer was originally arrested on Oct. 17. He was held for arraignment.

Jessica B Saeli, 33, of Morse Place, Batavia, is charged with criminal contempt 1st, assault 3rd, and unlawful imprisonment 2nd. Saeli was arrested on Jan. 18 on a warrant stemming from an incident reported on Sept. 19 that led to her arrest then. She was arraigned and released under supervision.

Adam M White, 36, of North Lyon Street, Batavia, is charged with DWI and equipment violations. White was stopped on Jan. 15, time of day not released, at an undisclosed location in Batavia by Officer Joseph Weglarski. White was held pending arraignment.

Dustin T Forkell, 31, of Hulberton Road, Holley, is charged with criminal possession of stolen property 4th. Forkell is accused of being in possession of a stolen motor vehicle on Jan. 21. Forkell was held pending arraignment.

Bradley R Jordan, 30, of Liberty Street, Batavia, is charged with endangering the welfare of a child, criminal mischief 4th, and aggravated family offense. Jordan is accused of being involved in a disturbance on Jan. 20. He was held pending arraignment.

Alan Jon Borlaug Jr., 27, of Rochester, is charged with DWI, driving with a BAC of .18 or greater, and no or inadequate plate lamp. Borlaug was stopped at 1:39 a.m., Jan. 22, on Clinton Street Road, Byron by Deputy Carlos Ortiz Speed. He was issued an appearance ticket.

Brian Eric Daggar, 37, of Oak Orchard Road, Elba, is charged with petit larceny. Dagger is accused of shoplifting from an undisclosed store in Batavia Town Center. He was released on an appearance ticket.

Marquis K. Saddler, 32, of Post Avenue, Rochester, and Kara B. Sass, 28, of West Main Street, Batavia, are charged with criminal possession of a controlled substance 7th and criminally using drug paraphernalia 2nd. Saddler and Sass were arrested on Jan. 26 at 5:30 p.m. following a traffic stop on West Main Street by Deputy Nicholas Charmoun. Saddler and Sass are accused of possessing illegal narcotics and associated paraphernalia inside the vehicle while deputies were assisting NYS Parole. They were issued appearance tickets.

Jodi Melody Flow, 36, of Rochester, is charged with criminal possession of a controlled substance 7th, traffic device violation, illegal signal with 100 feet, and tampering with physical evidence. Flow was subject to a traffic stop at 1:49 a.m. Jan. 29, on East Main Street, Batavia, by Deputy Jeremiah Gechell. During the stop, Gechell requested the assistance of Deputy James Stack and K-9 Rayzor. Rayzor reportedly alerted on the vehicle signaling the presence of narcotics. Following a search, she was allegedly found in possession of a controlled substance. Flow was released on an appearance ticket.

Margaret Angela Miles, 57, of West Main Street, Batavia, is charged with petit larceny, obstructing governmental administration 2nd, and resisting arrest. Miles was arrested on West Main Street, Batavia, on Jan. 29, at 1:51 p.m., by deputies Alexander Hadsall and Michael Lute. No further details released.

Richard M. Schiersing, 47, of Scottsville, is charged with criminal trespass 3rd. Schiersing was arrested by Le Roy PD at about 12:30 a.m. on Jan. 30 after police were dispatched to an address on East Main Road in the Town of Le Roy for a report of an unknown person within the fenced yard of a residence. Schiersing was reportedly located hiding under a trailer on the caller's property. He was taken into custody without incident. Schiersing was released on an appearance ticket. Anybody with additional information is asked to call Officer C.J. Miller at (585) 345-6350 or email info@leroypolice.org

Logan M. White, 29, of Batavia, is charged with welfare fraud 3rd. White was arrested by State Police in Albion on Jan. 27 and released on an appearance ticket. No further information released.

Joshua D. Eveland, 38, of Rochester, is charged with DWI and driving under the influence of drugs. Eveland was stopped by State Police at 12:42 a.m. on Jan. 29 in the Town of Batavia. he was released on an appearance ticket.

A former Batavia parochial educator and administrator has been charged with two counts of sexual conduct against a child in the second degree, according to the county District Attorney’s office.

Jason R. Clark, who had been at St. Paul Lutheran as a teacher since 2002 and became principal in 2019, was arraigned in County Court before Judge Thomas D. Williams Monday. He pleaded not guilty to the charges of engaging in two or more acts of sexual conduct spanning three years with a child less than 11 years old.

One count allegedly occurred on or about and after Labor Day 2014 to mid-June 2015 in the City of Batavia over a period of time and less than three months in duration, the DA’s Office said.

The second count allegedly occurred on or about and after Labor Day 2015 to mid-June 2016 in the City of Batavia over a period of time not less than three months in duration.

Clark was released on his own recognizance and is to appear at 10:30 a.m. on March 27.

Christopher R. Scinta is indicted on counts of manslaughter in the second degree, a Class C felony, leaving the scene of a property damage accident, a Class C felony, reckless driving, a Class A misdemeanor, criminal mischief in the fourth degree, a Class A misdemeanor, two counts of obstructing governmental administration, a Class A misdemeanor, obstructing emergency medical personal, a Class misdemeanor, and speeding, a violation. Scinta is accused of causing the death of Jasmyne Rubel at the roundabout in the City of Batavia on Nov. 4. He is accused of leaving the scene of a personal injury accident without notifying police of the accident. He is accused of driving a 2006 Kawasaki in a reckless manner. He's accused of intentionally damaging window blinds in interview room #2 at the Batavia Police Department. He is accused of attempting to interfere with a government official's lawful duty. He is accused of interfering with the medical treatment of Jasmyne Rubel by a qualified first responder. 

Cindy L. Bush is indicted on a felony count of DWI and of aggravated unlicensed operation. Bush is accused of driving drunk on April 24 in the City of Batavia on Ross Street in a 2004 Chevrolet. The indictment alleges a prior conviction within the past 10 years for DWI in February 2015 in the City of Batavia.

David J. Leroy is indicted on a count of criminal possession of a weapon 3rd, a Class D felony. Leroy is accused of knowingly possessing a switchblade knife in the Town of Pembroke on July 25.

Geovanny Lopez is indicated a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony, and circumventing an interlock device, a Class A misdemeanor. Lopez is accused of driving a 2009 Ford on the I-490 on Aug. 4 in the Town of Le Roy. The indictment alleges that Lopez was convicted of DWI with the past 10 years, on Dec. 12, 2016, in Yonkers.

Shannon L. Marvin is indicted on a count of grand larceny in the fourth degree, a Class E felony. Marvin is accused of stealing a Discover card belonging to another person in the Town of Bergen during the month of October in 2021.

A Corfu woman will serve a year of federal probation after admitting to knowingly participating in a fraud scheme perpetrated by an Internet contact who claimed to represent an orphanage in Africa.

Julie Keller, 57, according to the U.S. Attorney's Office, was contacted by an "Eric Holder" in December 2014, who claimed to be raising money for an orphanage in Africa. 

Starting in July 2015 and until September 2020, Keller received money from numerous people who thought they were contributing to the orphanage project.

Keller raised $182,730.76 from the victims.

She deposited the money in bank accounts that she owned and controlled at First Niagara Bank, M&T Bank, KeyBank, and Bank of America before dispersing funds to other banks outside the United States.

During the course of the scheme, each of the banks closed Keller’s accounts, advising her that the accounts were closed due to suspicious and fraudulent activity.

Even though Keller realized during the course of the scheme that she was receiving funds from donors under false pretenses, according to the U.S. Attorney's Office, she "consciously avoided learning the truth, and continued to deposit funds into her accounts from victims."

It's unclear from the U.S. Attorney's Office statement if Keller kept any of the funds for her own personal gain.

She was ordered to pay restitution of $162,853.59 by U.S. District Judge John L. Sinatra, Jr.

Jeremy Ives

Jeremy G. Ives, accused of firing a shotgun and injuring two people on Elm Street last August, maintains his innocence, said his attorney, Joseph Lobosco, after a hearing where Ives rejected a plea offer from the District Attorney's Office.

ADA Will Zickl said under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

In September, a grand jury indicted Ives on counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

Today was the plea cutoff date, the date a defendant can accept a negotiated plea offer. In Genesee County, when a defendant rejects a plea offer on the cutoff day, the case is scheduled to go to trial, and the defendant is unlikely to get a second chance to accept the offer.

Judge Melissa Lightcap Cianfrini scheduled jury selection to start March 20, with a week-long trial expected.

She will hear pre-trial motions on Feb. 15.

The trial was originally scheduled to start two weeks earlier, but the DA requested a DNA sample from Ives, which he provided.

Citing the likely delay while the attorneys await lab results and the subsequent investigation of those results, Lobosco petitioned the court to reduce his client's bail.  It's currently $100,000 cash, $200,000 bond, or $500,000 partially secured bond.

He said that the trial is likely to be delayed further because once the DA's office receives the DNA results, the defense has 30 days to have a DNA expert review the report, and if that expert disagrees with the findings of the people's expert, the DA has 30 days to review those findings, meaning the trial could be pushed back, up to 60 days more.

Zickl opposed modifying the securing order since a two-week delay is minimal.  

Cianfrini denied the motion, but "without prejudice," meaning if it looks like the DNA results report could lead to further delays in the trial, Lobosco can make a new petition to the court for a bail reduction.

Ronald M. Washburn is indicted on a count of sexual abuse in the first degree, a Class D violent felony, and one count of course of sexual conduct against a child, a Class D felony. Washburn is accused of sexual contact a child less than 11 years old in the City of Batavia at least two or more with between February 2018 and April 2018.

Donald A. Dylag, Jr. is indicated on one count of assault in the second degree, a Class D violent felony. Dylag is accused of, with intent, causing serious physical injury to a person in Pembroke on Aug. 9.

Cory Bernard Buckenmeyer, 32, of Alexander Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater, unreasonable speed, driving left of pavement marks, and driving while using a mobile phone. Buckenmeyer was reportedly involved in a motor vehicle accident on Jan. 20 at 10:01 p.m. on Creek Road, Bethany.  The incident was investigated by Deputy Zachary Hoy and Deputy Nicholas Chamoun. Buckenmeyer was released on an appearance ticket.

Michele Louise Difalco, 34, of Maple Street Road, Alabama, is charged with driving while ability impaired by drugs, moving from lane unsafely, and leaving the scene of a property damage accident. Difalco is accused of being involved in a property damage accident while on drugs on Nov. 11 at 11:08 p.m. on Judge Road in Alabama.  The incident was investigated by Deputy James Stack and Deputy Austin Heberlein. Difalco was released on an appearance ticket.

Ronald Charles Inzinna, 54, of East Main Road, Le Roy, is charged with criminal contempt 2nd. Inzinna is accused of violating a stay-away order of protection at 4 p.m. on Jan. 19 in the Town of Le Roy. He was issued an appearance ticket.

Nicholas Turnquist
2020 File Photo

Two weeks after accepting a plea offer on a rape charge, an Erie County man already serving 13 years in federal prison on related charges was sentenced in County Court today to four years in prison.

The sentence for Nicholas Turnquist, 37, will run concurrent to his federal term as well as a related four-year term out of Erie County.

Neither Assistant District Attorney Will Zickl nor the defense attorney, Joseph Lobosco, made any argument regarding a potential sentence before Judge Melissa Lightcap Cianfrini issued her ruling.

Turnquist didn't make a statement in court and the victim in the case declined to make a statement because she's spoken at previous hearings about the impact of Turnquist's crimes on her life.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

The only real discussion in court today was about a request by Turnquist that Cianfrini order the Sheriff's Office to hold him in Genesee County, instead of returning him to Alleghany County until he's returned to custody in Buffalo. 

Lobosco said his client told him that he's taking several medications. When he gets transferred from one jail or prison facility to another, the administration of his medication gets disrupted, and he wants to keep taking his medication. Cianfrini said she didn't have the authority to order the Sheriff or the U.S. Marshalls on transportation and housing, but she said it was her understanding that the Marshalls were going to pick Turnquist up in Genesee County to return him to federal custody.