crime

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

    Jeffrey Johnson

A 28-year-old Oakfield resident, Jeffrey Johnson, is charged with criminal possession of stolen property, 3rd, in connection with the alleged theft earlier this week of a van from a residence on Ellicott Street, Batavia.

The incredible part of the story is that the owner's dog, Duke, was in the Toyota Sienna, and after the vehicle was recovered in Rochester, Duke was returned to Betty and John O'Brien.

"Our fear was something happened to the dog, because Duke is a very gentle dog," Betty Carlet Cleare, a reporter with our news partner 13WHAM. "He could have sold him, he could have beaten him, and he could have done any number of things to him. The gods were with us this week."

Duke is apparently so gentle that he did not make a sound when the van was taken.

"He didn't say a peep," Betty said, "which we're thankful of, because that's why I think he survived."

A Batavia man is in Orleans County Jail charged with first-degree rape of a victim under age 11 -- in this case a 5-year-old child.

Nicholas L. McKague, 24, of West Main Street Road, was arrested April 18. He is also charged by Orleans Sheriff's Investigator K. Strickland with endangering the welfare of a child.

The charges, announced May 4, followed a two-month investigation conducted by the Orleans County Sheriff’s Office related to an incident that allegedly occurred in the Town of Clarendon in 2011.

McKague was arraigned by Town of Clarendon Justice DiFante. McKague was put in the custody of the Sheriff and transported to the Orleans County Jail in lieu of $2,500 cash or $5,000 bond. McKague is scheduled to appear in the Town of Clarendon Court at 6:30 p.m. on May 9.

Additional charges are forthcoming as the Investigation continues. The Orleans County Sheriff’s Office was assisted by Justice for Children Advocacy Center, Orleans County Child Protective Services and the Batavia Police Department.

Brian E. Bisig, 57, of 25 Clay St., Le Roy, is charged with DWI following a report of a vehicle which had been involved in an accident and had left the scene on Summit Street Road. Bisig was allegedly involved in a motor-vehicle accident at about 6:15 p.m. on Wednesday, May 4, which was observed by a concerned citizen. The citizen was able to provide a description of the vehicle to police and followed the involved vehicle to a residence located on Clay Street in Le Roy. After a brief investigation, Bisig was found to be allegedly intoxicated and was charged. In addition to the DWI charge, Bisig was also charged with DWI with a BAC of .08 percent or more. Bisig was also issued a summons by a member of the State Police regarding the accident occurring in the Town of Le Roy. Bisig will answer the charges at a later date in the Town of Le Roy Court.

Christopher M. Smith, 21, was arrested May 1 for petit larceny after he allegedly stole 15 packs of Pokemon cards valued at $63 and exited a local store, passing all points of sale; Smith attempted to hide the merchandise underneath a vehicle in the parking lot. He was transported to State Police barracks in Batavia for processing and issued an appearance ticket returnable to the Town of Batavia Court on May 9.

Terrence D. Johnson

A Batavia man was arrested Tuesday, May 3, after being indicted by a Grand Jury on a charge of first-degree robbery and 11 counts of fourth-degree grand larceny.

Terrence D. Johnson, 21, allegedly robbed an employee of the Bahama Bay Salon at 2 School St., Batavia, in January. He is in jail without bail.

He is to appear in Genesee County Court this Friday. The case was investigated by Batavia Police Det. Kevin Czora.

Kenneth Michael Gray Jr., 24, no permanent address, is charged with second-degree criminal trespass. He was arrested on May 3 after he allegedly entered a second-story window at 3:05 a.m. on Lake Street Road, Le Roy. Gray is in jail on $10,000 bail. The case was handled by Sheriff's Deputy Ryan Young, assisted by Deputy John Baiocco.

Justin Allan Putney, 25, of Borden Avenue, Perry, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and speeding. He was stopped at 12:16 a.m. today for speeding on East Main Street Road in Batavia and was allegedly found to be intoxicated. He is to appear in Town of Batavia Court on May 16. The case was handled by Sheriff's Deputy John Baiocco, assisted by Deputy Ryan Young.

Christopher Michael Smith, 21, of School Street, Batavia, is charged with trespass. He was arrested at 12:23 a.m. this morning for allegedly trespassing at a department store on Veterans Memorial Drive after being told not to return. He is to appear in Batavia Town Court on May 16.

Marlicia L. Johnson, 29, of Buffalo, was arrested May 3 for unlawful possession of marijuana after a traffic stop on Route 77 at Water Street for allegedly speeding. During the traffic stop, the officer detected a strong odor of burnt marijuana emanating from the vehicle. Johnson was allegedly found to be in possession of three marijuana cigarettes. Johnson was issued tickets and an appearance ticket returnable to the Village of Corfu on June 6. The case was handled by Corfu Police Officer Michael Petritz.

There was no forward movement in the murder case of Kyle Johnson today because the psychiatrist preparing a report on Johnson was unable to review a DVD provided by the defense on his computer.

Public Defender Jerry Ader expected the psychiatric exam report by today that might shed light on whether Johnson suffers from a mental defect or impairment.

The 53-year-old Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter on Selden Road, Le Roy, on Dec. 1.

In order to assist the psychiatrist in viewing the DVD, Ader's office provided him today with a computer capable of playing the DVD.

Ader hopes the report will be available within a week and so a court appearance for Johnson was set for 11:30 a.m., May 10.

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but District Attorney Lawrence Friedman said at a prior court appearance that he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

In other court cases today:

• The case of Jason A. Armstrong Sr., accused of rape, was adjourned until Thursday. Today was the scheduled plea cut-off date for Armstrong, but Judge Michael Pietruszka agreed to continue the case two more days following a private conference with the attorneys.  Armstrong has been offered a plea bargain that would require him to plead guilty to assault, 2nd, and receive a five-year prison sentence followed by five years on parole.
• Sara A. Howard, who previously entered a guilty plea to grand larceny, was scheduled to be sentenced today, but she didn't show up for court. Pietruszka read a letter from GCASA indicating that Howard has allegedly failed to comply with GCASA's instructions. He issued a warrant for her arrest. Howard was arrested earlier this year for stealing a Sony PlayStation valued at $300 after gaining entry to a family member's home on Jan. 8. Howard and an alleged accomplice also gained entry to another family's home and stole a .50-caliber CVA muzzleloader and a 12-gauge Mossberg Maverick valued at $700. Prior to her guilty plea locally, Howard allegedly committed a crime in Wyoming County but wasn't arrested until later. Howard's arrest was announced April 8. She faces multiple drug sales charges in Wyoming County.

A hit-and-run accident is reported in the area of 232 Liberty St.

No injuries are reported.

The caller reports he was parked in his driveway when a black pickup truck driven by a female struck his vehicle.

He provided dispatchers with a partial plate.

The pickup is described as black in color, unknown direction of travel.

Police are responding.

Kyle Robert Ratulowski (pictured right), 20, of Batavia, was arrested on April 27 and charged with second-degree burglary, a Class C felony. Troopers received a call of a burglary on Clinton Street in the Town of Batavia on that date. The investigation revealed that a fire safe was taken valued at $200 and that Ratulowski was a possible suspect. Ratulowski was located at a address in the City of Batavia. Ratulowski was arrested and transported to SP Batavia for processing. He was arraigned in the Town of Batavia Court and put in Genesee County Jail for $25,000 bail.

Kyle Robert Ratulowski, 20, of West Main Street Road, Batavia, was arrested at 9:45 p.m. on April 29 for allegedly being in possession of stolen electronics. He was charged with criminal possession of stolen property, 5th, and issued an appearance ticket for Town of Batavia Court on May 10. The goods were reported stolen at 2 p.m. on April 20 from a location of Veterans Memorial Drive, Batavia. At the same time and date of this arrest, Ratulowski was also charged with petit larceny of tools and personal items and for fourth-degree criminal mischief for allegedly damaging a vehicle. These charges stem from an incident at 10 p.m. on April 12 on Park Road in Batavia wherein items were stolen from an unlocked vehicle and the interior of the vehicle was damaged. He is to appear in Town of Batavia Court, also on May 10, to answer these charges. Both cases were handled by Sheriff's Deputy Eric Meyer.

Nicholas Benjamin Wall, 25, of Dodgeson Road, Alexander, is charged with reckless endangerment of property. He was charged following a large explosion on April 15. He allegedly shot a large amount of tannerite at 3465 Dodgeson Road, Alexander, which cause an explosion and shook houses throughout the county.

Rochelle V. Tomlin, 40, of Oak Street, Batavia, is charged with endangering the welfare of a minor and obligation of a parent or guardian. She was arrested at 2 p.m. on April 24 after allegedly allowing her 14-year-old son to violate the city's curfew. At the time the youth was in violation of the curfew, he was "out committing acts that would be considered crimes if performed by an adult," according to the police report. Tomlin is to be in City Court at 1 p.m. on May 10. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Todd A. Reynolds, 45, of West Main Street, Batavia, is charged with second-degree harassment and obstructing governmental administration. He was arrested at 10:23 p.m. on May 1 following a domestic incident on West Main Street. He allegedly was kicking the victim during an altercation. He did not cooperate with police upon their arrival and became combative with them. He was put in jail, with bail (unspecified), and was to appear in City Court this afternoon. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Camp.

Michael E. Weichman, 21, of Bank Street, Batavia, and Alysha E. Weichman and Tyler L. Warner were arrested at 4 p.m. on April 28 and charged with fourth-degree grand larceny and fifth-degree conspiracy for allegedly stealing $1,376.97 worth of groceries from Tops Market in Batavia. They were issued appearance tickets and are to be in City Court on May 10. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jason Davis.

Jared Paul Schmidt, 20, of Silver Springs, is charged with disorderly conduct and open container of an alcoholic beverage in a motor vehicle. He was arrested at 1:35 p.m. on April 23 after he was allegedly observed hitting/striking his vehicle, which was parked roadside on Ellicott Street, and obstructing vehicular traffic. He was allegedly found to have an open bottle of beer in the center console of his vehicle. He was ordered to be in City Court on May 3. The case was handled by Batavia Police Officer Darryle Streeter.

Patricia A. Poole, 26, of Liberty Street, Batavia, is charged with violation of conditional discharge. She was located on Liberty Street at 4:05 p.m. on April 30 and arrested on a bench warrant issued for a disorderly conduct charge from November 2009. She was released and ordered to appear in Batavia City Court this afternoon. During the handling of this case, responding officers discovered that Poole had an active warrant from 2012. She was subsequently arrested and jailed in lieu of $500 bail. She is also to appear in City Court this afternoon on the 2012 warrant case. The cases were handled by Batavia Police Officer Felicia DeGroot and Officer Peter Flanagan.

James N. DiFalco, 19, of South Main Street, Batavia, is charged with criminal possession of stolen property. He was arrested after allegedly being found in possession of stolen game system and selling it to a game store for cash on April 20. He is to return to Batavia City Court on May 10. The case was handled by Batavia Police Officer Jamie Givens.

James R. Sweet, 54, of Walnut Street, Batavia, is charged with conducting an open burn. At 5:50 p.m. on April 28, Sweet was allegedly found to be burning debris in his yard on Walnut Street in violation of the city's municipal code. He is to appear in City Court on May 10. The case was handled by Batavia Police Officer Christopher Lindsay.

Latiqua S. Jackson, 22, of East Main Street, Batavia, is charged with petit larceny. She was arrested April 25 after allegedly stealing a Sony PlayStation 3 from a residence on Tracy Avenue on April 18. She is to be in City Court on May 3. The case was handled by Batavia Police Officer Arick Perkins.

Marquita Shanee Davis, 28, of Old Meadow Lane, Batavia, is charged with petit larceny. She was arrested at 3:25 p.m. on May 1 as a result of a shoplifting complaint. It is alleged that she stole $73.57 worth of merchandise from a location on Veterans Memorial Drive, Batavia. She was released with an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

Chante Dominique Davis, 30, of Old Meadow Lane, Batavia, is charged with petit larceny. She was arrested at 3:25 p.m. on May 1 as a result of a shoplifting complaint. It is alleged that she stole $73.57 worth of merchandise from a location on Veterans Memorial Drive, Batavia. She was released with an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

A 17-year-old from Pavilion is charged with petit larceny. The suspect was arrested April 30 in connection with a shoplifting incident wherein several articles of clothing were stolen from a local store. The youth was issued an appearance ticket for May 9 in Town of Batavia Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Richard Schildwaster.

Pierre A. Triplett Jr., 20, no permanent address, is charged with petit larceny. He was arrested following an investigation of shoplifting at Tops Market in Batavia at 10:46 a.m. on April 28. He is to be in City Court on May 3. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Marc Lawrence.

Brad L. Ohlson, 39, of Union Street, Batavia, was arrested on April 25 on a bench warrant issued out of Batavia City Court after his alleged failure to comply with the conditions of his release under supervision. He was held on bail and was to appear in City Court April 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Mariah R. Hagen, 20, of Pratt Road, Batavia, is charged with unlawful possession of marijuana. She was arrested on the charge following a traffic stop at 9:24 p.m. on April 21 on State Street, Batavia. She is due in City Court on May 4. The case was handled by Batavia Police Officer Thad Mart, assisted by Officer Christopher Camp.

City PD is looking for a gray or silver SUV, possibly a Chevrolet Tahoe or Suburban, involved in a hit and run accident.

The female victim, who may be pregnant, exited the vehicle and said the driver tried to hit her multiple times. 

The driver is described as a light-skinned male.

The victim was transported by Mercy EMS to UMMC for evaluation.

The incident occurred in the area of 15 Highland Park.

From our news partner WBTA:

A bomb threat was e-mailed this morning to Independent Living of Genesee Region, according to Rae Frank, director of the Batavia location at 113 Main St. downtown.

It is not clear, Frank said, whether the threat was intended for the Buffalo office or the Batavia office, or both, but as a precaution staff was told within the past hour to leave for the day and Batavia PD was alerted.

The person who made the threat allegedly has a history of complaints with the nonprofit agency.

Independent Living of Genesee Region (ILGR) is a multicultural, grassroots, peer-directed, civil rights organization that provides a full range of assistance, programs and services to enhance the quality of life for all individuals with disabilities. "ILGR assists persons with disabilities to realize their life choices through information and referral, independent living skills, community and systems advocacy and peer counseling."

It provides: adaptive aids/equipment, advocacy, benefits advisement, counseling/support groups, health insurance information, information & referral, library of disabilities, independent living skills instruction, community disability education.

UPDATE 11:29 a.m.: David Boyce, CEO of the building's owner Tompkins Insurance Co., said the agency's staff on the second floor was also evacuated as a precautionary measure. He said police indicated they do not believe there is an imminent threat.

UPDATE 11:41 a.m.: The "indirect threat" was made by an employee recently let go from the Buffalo office of Independent Living and the person has no known ties to Genesee County, said Batavia Police Officer Jason Davis. "We've checked the (Batavia) building and we've found nothing," Davis said. Adjacent businesses were notified of the situation and any decision to evacuate staff was their option. A bomb-sniffing dog from State Police Troop A is en route to go through the building and if nothing is found, officers will give the all clear.

UPDATE 11:59 p.m.: State Police and their bombing-sniffing dog just completed a sweep of the building and found nothing. The building is clear and police are clearing the scene.

Steven Robert Tanner, 43, of Batavia Bethany Townline Road, Bethany, is charged with DWI with a BAC greater than .08, and DWI. He was arrested at 4:47 p.m. on Thursday, April 28, after an investigation into a traffic offense complaint in the Town of Stafford. He was allegedly found to be under the influence of alcohol while on Clinton Street Road in Satfford. Ater being processed at the jail, he was released for appearance tickets for Town of Stafford Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

Kelly Marie Kabel, 38, of Royal Sunset Drive, Webster, charged with failure to pay fine imposed by court. She was arrested on Thursday, April 28, on a bench warrant out of the Town of Stafford for allegedly failing to pay a Stafford Court fine from last June. She was released under supervision of Genesee Justice and is to be in Stafford Court on May 10. The case was handled by Sheriff's Deputy Michael Lute.

From a Batavia PD press release:

A registered sex offender who allegedly failed to register his address as required by law was the subject of a manhunt in the city on Thursday in the area of Walnut Street.

Marlek E. Holmes, 42, no permanent address, was arrested after he fled from officers who were attempting to arrest him on a bench warrant out of City Court for the violation.

After being located on Walnut Street, he fled from officers and a foot pursuit ensued. A perimeter was set up in the vicinity and the Sheriff's K-9 unit with "Destro" assisted Batavia PD in finding the suspect, who was hiding on a porch at a residence in the area. Holmes was jailed without bail. Additional charges are pending.

After being among Batavia's wanted for 18 months, Jacquetta Simmons, 30, appeared in court today following her arrest in Rochester last night, to answer to a charge of harassment 2nd.

Simmons, out of jail on $300 bail, asked for an adjournment of her case because on short notice, her attorney, Ann Nichols, could not appear in Batavia today.

The case was docked for May 25. 

In the meantime, Judge Durin Rogers issued an order of protection, which Simmons signed, barring her from any contact with the alleged victim in the harassment case, a 54-year-old woman.

Simmons was allegedly in an altercation of some sort with the woman back in October during a meeting at the YWCA. A couple of weeks later, a warrant was issued for the arrest of Simmons on the harassment charge. The warrant was reported by local and regional media in January.

The former Batavia resident gained international notoriety after punching a 70-year-old Walmart cashier on Christmas Eve, 2011. In August, 2012, Simmons was found guilty of assault in the second degree by a jury and later sentenced to five years in state prison. The sentence was later ruled too harsh by an appeals court and Simmons was resentenced to one year in jail.

Also in City Court today, 54-year-old Darlene M. Callan, charged with arson, 3rd, for allegedly starting a fire inside her home Monday at 189 South Main St., Batavia. Callan is being held on $25,000 bail and her attorney asked for her to be released under supervision given her lack of criminal record and ties to the community. Citing a low score on a bail review worksheet and concerns over recent substance use issues, Rogers declined to reduce the bail.

Shawn Thomas Rushok, 17, of Church Road, Le Roy, is charged with first degree criminal sexual act. He was arrested on April 26 for allegedly engaging in oral sexual conduct in the afternoon of July 20 with a person less than 11 years old. He was arraigned by Town of Le Roy Justice Welsh and released under supervision of Genesee Justice. The case was investigated by Sheriff's Deputy Timothy Wescott, assisted by Deputy John Dehm.

Brian K. Dyer, 49, of North Street, Batavia, is charged with third-degree assault, third-degree menacing, and criminal obstruction of breathing. He was arrested at 12:14 a.m. on April 23 as the result of an investigation into a domestic incident that occurred at a North Street residence a short time earlier. He was put in jail on $2,500 bail and was to be in court on April 25. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Ryan James Wetsell, 22, of Walden Creek Drive, Batavia, is charged with criminal obstruction of breathing and second-degree harassment. He was arrested at 5:30 p.m. on April 21 following an altercation with another male in the area of 335 Bank St., Northside Meadows Apartments in Batavia. It is alleged that Wetsell went after another male at that location, striking him several times and then attempting to choke him. He was issued an appearance ticket for City Court on May 3. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Marc Lawrence.

Timothy Jerome Stump, 44, of Montclair Avenue, is charged with: obstructed view; broken windshield; aggravated unlicensed operation in the first degree -- having a prior driving while intoxicated conviction; felony common law DWI; and felony DWI with a BAC of .08 percent or more. Stump was arrested at 5:51 p.m. on April 22 following a traffic stop on Porter Avenue. He was allegedly found to be operating a motor vehicle while intoxicated and doing so on a suspended NY driver's license. He was to appear in City Court April 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Rebecca N. Bethune, 27, of Pringle Avenue, Batavia, is charged with trespass and illegal disposal of items. The charges stem from a complaint in which Bethune was alleged to have disposed of a mattress at 679 E. Main St., the Batavia Gardens Apartments, leaving the item against a dumpster at that location at 3 p.m. on April 21. She is not a resident of the complex. She was issued an appearance ticket for City Court on May 3. The case was handled by Batavia Police Officer Chad Richards.

Patrick A. Dudley, 18, of West Main Street, Batavia, is charged with criminal possession of marijuana, 5th. Batavia police conducted a traffic stop at about 12:30 a.m. on April 24 and Dudley was a passenger in the vehicle. During the course of the traffic stop, police allegedly disovered 28 grams of marijuana on Dudley's person. He was subsequently arrested and released with an appearance ticket for May 10 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

    Darlene M. Callan

A 54-year-old South Main Street woman has been charged with arson in the third degree for allegedly setting a fire in a bedroom of her home around 5 p.m., Monday.

The bedroom had fire and smoke damage but city firefighters were able to put the blaze out before it spread.

Interim Fire Chief Dan Herberger said that the actual cause of the fire cannot be released yet because it's still under investigation. 

City fire was dispatched after a woman ran to a neighbor's house and said her bedroom was on fire.

After an investigation, it was determined the only person at home at 189 S. Main St. was Darlene M. Callan and police say evidence indicates she started the fire.

Several subjects at the scene were interviewed, police say.

Callan was held on $25,000 cash bail or $50,000 bond.

The investigation was conducted by Officer Jamie Givens, Sgt. Dan Coffey, Det. Kevin Czora and Capt. Craig Williams.

 Jacquetta Simmons

More than a year after a warrant was first issued for her arrest, Jacquetta Bernadine Simmons, who first made international news after punching a Walmart cashier on Christmas Eve in 2011, is back in custody.

Simmons was picked up by Rochester PD last night and turned over to Batavia PD on a warrant for an alleged incident at a church meeting in Batavia in October, 2014.

The warrant was issued Oct. 20, 2014, but information wasn't released until January. 

Simmons, 30, allegedly made some sort of physical contact with a 54-year-old woman.

She is charged with second-degree harassment.

The meeting reportedly involved church members at a business meeting being held at the YWCA, 301 North St., Batavia.

Simmons was convicted in August 2012 of assaulting a 70-year-old cashier at Walmart and later sentenced to five years in prison, but that sentence was later overturned on appeals and she was given a year in jail. She was also ordered to pay restitution, which became the subject of several court appearances as she appealed the amount and sought modifications to the payment plan.

Simmons, held on $300 bail, is scheduled to appear in City Court at 1 p.m. today to answer to the harassment charge.