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N.C. man with apparent extremist ties admits to federal crime in relation to arrest in Le Roy

By Howard B. Owens

A 24-year-old North Carolina man, who reportedly participated in the Jan. 6 attempted insurrection in Washington D.C. and was later arrested in Le Roy with an illegal AR-15 rifle, entered a guilty plea to Federal charges today in U.S. District Court in Rochester.

Michael Alan Jones, of Charlotte, N.C., admitted to the felony of being in possession of a firearm and ammunition, which carries a maximum penalty of 10 years in prison and a $250,000 fine.

The charge stems from his March 19 arrest by sheriff's seputies following a traffic stop of a Nissan Sentra driven by Jones.

Upon approaching the vehicle, Deputies Kenneth Quackenbush and Nicholas Charmoun observed several knives, military surplus gear, and two compound bows inside the vehicle, according to a Federal affidavit by an FBI agent

The affidavit says a passenger in the car was identified only as PK.  The deputies reportedly observed a backpack on the passenger-side floorboard with bolt cutters protruding from the pocket.

Upon searching the vehicle, the deputies located pry bars, bolt cutters, and gloves, which, the affidavit states, the deputies believed to be consistent with burglary tools. They also found pepper spray and ammunition. 

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that in February 2019, Jones was convicted in Alamance County, North Carolina, of two felony crimes, and as a result related to sexual involvement with a teenage girl, and is therefore legally prohibited from possessing firearms and ammunition.

Jones was originally scheduled to enter a plea a week ago but his hearing was delayed by his medical issues, according to Raw Story.

Jones was hospitalized for treatment of MRSA, a bacterial infection that resists antibiotics.

“His infection is very severe and he needs to remain at the hospital for about the next two weeks receiving intravenous antibiotics,” Slawinski wrote. “He also tested positive for COVID-19 last week while in the hospital. His condition is serious and it is possible that his leg may have to be amputated if the infection spreads further.”

Sentencing is scheduled for May 16 at 2:30 p.m.

Law and Order: Suspected drug dealer accused of trying to destroy evidence during arrest

By Howard B. Owens
Eric Motquin

 

Eric R. Motquin, 40, of Batavia, is charged with criminal possession of a controlled substance with intent to sell, tampering with physical evidence, and obstruction of governmental administration. Motquin was arrested following a traffic stop on Dec. 3 at 3:55 p.m. on Ellicott Street, Batavia. Motquin is accused of struggling with officers and attempting to destroy narcotics. He was arraigned in City Court and ordered held on $1 bail. Motquin was also arrested on a warrant for alleged failure to appear on an unrelated matter.

Tyshon L. Taylor, 25, is charged with attempted assault 3rd. Taylor is accused of an attempted assault on Oct. 13 at 11:39 on Oak Street, Batavia. Taylor, who is being held without bail on an attempted murder charge, was ordered held on minimum bail on this charge.

Jarrod K. Fotiathis, 27, no permanent address, is charged with grand larceny 4th, petit larceny, and conspiracy. Fotiathis and another person, unidentified in by police, are accused of stealing property on Nov. 16 at 4:09 a.m. at a location on Oak Street, Batavia. Fotiathis was issued an appearance ticket.

Alicia M Lyons, 43, of Batavia, is charged with trespass. Lyons is accused of trespassing at a location on Jackson Street, Batavia on Dec. 6 at 4:22 p.m. She was released on an appearance ticket.

Harry R. Silliman, 58, no permanent address, is charged with trespass. Silliman was charged following a report of a disturbance on Maple Street, Batavia, on Dec. 6 at 11:42 p.m.  He was issued an appearance ticket.

Robyn D. Scott, 65, Batavia, is charged with disorderly conduct. Scott was charged following a complaint on Dec. 6 at 7:46 a.m. of 'unreasonable noise' in the form of alarms causing an ongoing annoyance at a location on Walnut Street, Batavia. Scott was issued an appearance ticket.

Jean N. Pettit, 58, Batavia, is charged with DWI and consumption of alcohol in a motor vehicle. Pettit reportedly drove her vehicle on Dec. 5 at 6:01 p.m. and stopped at a residence on Vine Street, Batavia, and asked for assistance. A Batavia patrol officer responded and conducted a field sobriety test. Pettit was processed at Batavia PD headquarters and released on appearance tickets.

Parker Reid Davis, 29, of East Main Street, Le Roy, is charged with criminal possession of a controlled substance 7th. Davis is accused of possession of a controlled substance during a probation home visit. He was processed at the Genesee County Jail and released on an appearance ticket.

Andrew Anthony Crimes, 50, of West Main Street Road, Batavia, is charged with two counts of criminal contempt 1st. On Dec. 8 at 10:49 p.m., Crimes reportedly entered Batavia Downs in violation of an order of protection. He is also accused of sending 111 text messages from Jan. 24 to Nov. 19 to a person in violation of an order of protection. He was arraigned in Town of Batavia Court and released.

Benito Anthony Gay, 34, of Batavia, is charged with petit larceny, falsifying business records 2nd, criminal use of an access device 2nd, and unlawful possession of personal identification 3rd. Gay is accused of using another inmate's personal ID number to make phone calls.

Willie Albert Sabb, Jr., 48, of State Street, Batavia, is charged with criminal possession of a controlled substance 7th. Sabb was allegedly found in possession of cocaine during a traffic stop on Dec. 9 at 10:26 p.m. on Clinton Street Road, Stafford, by Deputy Zachary Hoy.

Michael David McCracken, 42, of Aberdeen Street, Rochester, is charged with felony DWI, aggravated unlicensed operation 1st, and failure to signal. McCracken was stopped on Dec. 10 at 1:26 a.m. on Telephone Road, Pavilion, by Sgt. Mathew Clor.

Jeanna M. Hattaway, 35, of Batavia, is charged with petit larceny. Hattaway is accused of stealing in the Town of Batavia on Dec. 6 at 4:19 p.m.. She was arrested by State Police and released on an appearance ticket.  No further information released.

Carl E. Webber, 42, of Rochester, is charged with grand larceny 3rd. Webber was arrested by State Police in connection with a theft reported on July 14 at 5:37 p.m. in the Town of Batavia. He was released on an appearance ticket.

Sheriff's Office reminds residents to be leery of scammers during holiday season

By Press Release

Press release:

With the holiday season upon us and the giving spirit roused, the Genesee County Sheriff’s Office would like to take this opportunity to remind everyone not to let their generosity contribute to them falling victim to one of 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 who may purport themselves to be a representative from Law Enforcement, the Federal Government, a Bank/Financial Institution, or other 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 
  • The scammers may tell you that your daughter, son, husband, wife, grandchild, close friend or someone you know is in trouble with law enforcement and needs money for bail. 
  • 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 be sent back to them. 
  • Scammers may ask for payment in the form of gift cards, electronic payments or ask that you send cash in the mail to a specified address.  Scammers may also indicate that they will send a currier 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. 

Please be suspicious of 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.

Have a safe and secure Holiday Season!

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

By Howard B. Owens

It’s not unusual for a criminal defendant to believe he's innocent and can't possibly be proven guilty. And while most defense attorneys advocate aggressively on behalf of their clients, they don't always believe in their client's innocence.

Michael T. Dwan says he believed Kaleb J. Bobzien.

Bobzien, a resident of Bergen, was arrested in December and later indicted by a Genesee County Grand Jury of seven counts of rape in the third degree and criminal sexual act in the third degree.  In common parlance, he was accused of statutory rape.  At 23, he was accused of sexual intercourse with a 17-year-old girl. 

All of those felony charges were dropped based on arguments presented by Dwan, and on Wednesday, Bobzien entered a guilty plea to two misdemeanors – on an Alford basis, meaning he doesn’t admit to the factual assertions of the charges, just acknowledges the likelihood of conviction at trial  -- to a criminal contempt and to an obstruction breathing/blood circulation.

From the perspective of Assistant District Attorney Robert Zickl, based on an interview after Wednesday's court proceedings, he believes the girl who made the accusations, but there's a difference between believing an accusor and being able to sustain the charges in court.

If Bobzien had been convicted at trial on all of the charges in the indictment, he faced up to four years in state prison on each felony count and the prospect of being branded a registered sex offender for the rest of his life.

If Bobzien obeys all of the judge's orders -- basically, stay out of trouble -- between now and Feb. 1, he won't serve more than 364 days in the Genesee County Jail.

"I think that there's a strong argument to be made at sentencing that Kaleb has already suffered enough, considering that he was already incarcerated pursuant to these charges, and he and his family have had to go through great expense to get him to this resolution," Dwan said after Bobzien's appearance in County Court on Wednesday. "I think there are arguments to be made to the judge about why she should not incarcerate him whatsoever. That being said, it is her right to incarcerate him for up to one year, so long as he abides by the conditions."

Life lessons
At the end of Wednesday's hearing, Judge Melissa Lightcap Cianfrini wanted to make sure Bobzien understood a few things. First, his attorney worked hard and got him a very generous plea offer, so he should do everything he can between now and sentencing to preserve the sentence cap, which includes abiding by the order of protection currently in place, and understanding that when he is in her courtroom, he is to respect and obey the instructions of court personnel.

The implication was that Bobzien had failed to immediately stop using his mobile phone when instructed to do so prior to Wednesday's hearing.

During an interview with The Batavian, Bobzien said he will have no trouble following the instructions of the court.

It should be noted that Bobzien has multiple arrests going back to 2019.  The now 24-year-old young man said he was working on getting his life flying forward on a straight path when these accusations arose, but that the arrest and legal tangle have helped him grow up.

"Before all this happened, I was going to pilot school, I was training to be a pilot," Bobzien said. "I just feel like, it's not really fair that I was put in this situation. But I learned a lot from it. I learned a lot about myself. I know people are gonna judge me for this regardless, had I been guilty or not guilty, whatever it may be, I was going to be judged regardless. I'm just happy that it ended the way it did. I'm happy that everybody can move on from the situation now."

Bobzien, who was raised as the adopted son of a white couple in the Town of Bergen, said he doesn't believe this case will stand in the way of his ambition to become a pilot.

"My attorney wants me to go to law school. I want to go back to flying airplanes," Bobzien said. "I want to go back to pilot school. All I know is the future is really looking up from here for me. With how everything played out, I can do anything that I want to do. I just want to have a positive impact on the community and show my people in Batavia that just because you hit a bump in the road, it doesn't necessarily mean it's the end for you, good things can still happen."

Beating the felony charges
Dwan said his client avoided the felony charges related to the rape allegations both as a matter of law and the fact that Bobzien didn't do what he was accused of doing, that the prosecution wouldn't be able to overcome his client's alibi.

First, Dwan said he was able to show the prosecution that there were overlapping allegations that couldn't be differentiated from one another. As a matter of law, that's not permissible. 

"Prior to today, we had one count of statutory rape, and one count of criminal sex act as the highest possible charges remaining," Dwan said. "As it turned out, on the dates and times that the prosecutor believed that those acts occurred, my client was out of the country, and we were able to prove that, and so had this case gone to trial, I'm extremely confident that he would have been acquitted of all of the counts. Definitely, the serious counts, because none of them were true. ... The rest of them would have been unraveled through cross-examination."

Zickl said in deciding to reach the plea agreement Bobzien eventually accepted, he had to weigh the burden of proof he must meet to satisfy a judge and a jury.  He didn't think the evidence available to him was strong enough. 

"I don't think the girl is lying when she came forward," Zickl said. "Unfortunately, there are a lot of things that happened that we can't prove beyond a reasonable doubt." 

Even though Dwan believes the charges against his client were false allegations, Dwan said he had no argument with law enforcement nor the District Attorney's office for going forward with the case once a complaint was filed.

"It is understandable that law enforcement takes seriously accusations made by an underage woman alleging sex acts," Dwan said. "It's understandable that the District Attorney's Office takes them very seriously. However, through motion practice, and through communication with the District Attorney's Office, we were able to show the District Attorney's Office that it was not possible that Mr. Bobzien did what he was accused of doing.

"I have a ton of respect for Mr. Zickl and the District Attorney's Office because when they realized that the fact pattern that they believed in when they charged Mr. Bobzien with all these serious crimes was not true, they acted appropriately and they reduced the charges down to something that I think is reasonable in light of the facts and circumstances."

An Alford plea
Bobzien entered guilty pleas to misdemeanor counts of criminal contempt in the second degree, allegedly violating an order of protection and to obstruction of blood circulation or breathing.

Because Bobzien was entering his plea on an Alford basis, it was incumbent on Zickl to recite for the court the facts of each charge as the facts would be presented to a jury.

On the criminal contempt charge, Zickl said that after Bobzien had moved out of a shared residence with the protected party, where multiple other people shared a residence, he was told that some of his personal belongings were available for him to pick up on a porch as the house. On Oct 5, 2021, Bobzien retrieved his property, thereby being on the property where the protected party was located, was seen by the protected party, when no responsible adult had given Bobzien permission to be on the property at the time of the incident.

Dwan said he believes if the case had gone to trial, his client could have beaten that specific criminal contempt charge.  He and Zickl have different interpretations of the law on the matter.

"From the perspective of the District Attorney's Office, there was a change in circumstances allegedly that Kaleb had moved out of home, which may or may not have been true, actually. But because Kaleb allegedly moved out of the home, that negated the caveat (that allowed Bobzien to go to the home) in the order of protection.

"From my perspective, as an attorney, an order of protection can only be modified by the court that issued it. So a change in circumstances needs to be addressed in court. So I believe that that caveat would have held (allowing him to go to the house), and I don't think that Kaleb would have been convicted of violating the order of protection because I think that a jury would have said, 'No, the order says he's allowed to go there. And that's exactly what he did. And no judge ever told him to the contrary.'"

Zickl said he's comfortable with the criminal contempt allegation as charged.

"He wasn't living there anymore," Zickl said. "Looking at it through the prism of a 15-year-old girl feeling intimidated by somebody who abused her in the past, and then he shows up at her residence, and at that point in time, he didn't tell anybody he was coming out so they could have the victim out of the house, I don't have a problem with the criminal contempt charge. I don't know if he intended to mildly intimidate her, but that was the impact."

On the breathing/circulation charge, Zickl said he would have presented evidence to a jury that would have asserted that Bobzien and the alleged victim had gotten into an argument on June 24, 2021, and Bobzien had restricted the movement of her arms with his legs and put his hands around her neck and covered her face with a blanket.  Bobzien attempted, he said, to stop her breathing and blood circulation though she never lost consciousness.

Dwan said law enforcement did not have all of the facts of what really happened when they arrested Bobzien, hence the guilty plea on an Alford basis. 

"The facts, as they were alleged in the original indictment, were incorrect," Dwan said. "The incident that happened at the apartment that day was not factually reported to law enforcement. I think that Kaleb would have had a hard time if he had been forced to admit to the things that Mr. Zickl put on the record on our behalf today, so I asked the District Attorney's Office and the judge that Kaleb not be forced to say those words himself, because Kaleb is an honest guy, and he would have a hard time articulating that himself in court."

A young black man in the criminal justice system
So, if neither of these charges can be substantiated, why plead guilty?

"Because we walked into this with extraordinarily high risk," Dwan said. "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. As much as I would like to think that every jury is going to see things clearly and see things my way, I have learned the hard way that that is not always the case. And so Kaleb made a calculated decision to accept the criminal contempt and accept the obstruction of breathing charge."

Dwan said he advised Bobzien to accept a plea on an Alford basis as a matter of accepting reality in today's world.

"There's no doubt that, especially when it comes to sex crimes where the complainant is young and white and female, and the defendant is a 20-something black male, the statistics show that it's a problematic situation for that defendant," Dwan said. "Now, I have every confidence in the world that we would have been able to have a jury here in Genesee County that would have given Kaleb justice and would have seen the truth. However, as a parent, and as a friend of Kaleb and Kaleb's family -- I've known Kaleb's family for almost 10 years -- if Caleb were my son, I would have begged him to take the plea. And that's exactly what I did with Kaleb."

Staring down that reality, Bobzien said, is why he took the deal even though he doesn't believe he committed the crime.

"That was a big thing for me, and why I took the plea," he said. "I'm a young black man in this situation. I've read "To Kill a Mockingbird." I know how bad this could have ended for me, and I just took that off the table. It was a relief off my shoulders. It was a relief off my family's shoulders. And honestly, I wouldn't be here today without Mr. Dwan. I really owe it all to him."

Photo: Michael T. Dwan and Kaleb J. Bobzien outside County Court on Wednesday. Photo by Howard Owens.

Driver in Law Street collision with utility pole turns himself in to Batavia PD

By Howard B. Owens

The man believed to be behind the wheel of a minivan that struck a utility pole on Law Street in Batavia on Nov. 23, causing a widespread power surge on the Southside, surrendered to Batavia PD on Tuesday.

Jeremy Lyons, 38, of Mount Morris, was cited for leaving the scene of a property damage accident and aggravated unlicensed operation, said Assistant Chief Chris Camp.

There's no way of knowing at this point, Camp said, if Lyons was intoxicated at the time of the accident.

Lyons was seen running from the scene of the accident, and an attempt to locate him in the area immediately after the accident, including a K-9 search, was unsuccessful.

The minivan struck a utility pole causing 287 homes in the area of Chestnut Street, South Jackson, and to both the north and south of those streets, to lose power.  The power surge caused electric meters on the outside of dozens of homes to blow out. Contractors in Batavia said they responded to several calls to repair the damage, including to furnaces and HVAC units.  National Grid replaced the electric meters on all 287 houses.

The vehicle Lyons was driving was insured, Camp said.

There is currently no estimate available on how much damage the accident caused to National Grid property and the 287 homes that lost power.

Residents with claims directly related to the power surge can file those claims with National Grid at ClaimsDept@nationalgrid.com or by calling (315) 428-6536.

Photo: File photo of Nov. 23 accident. By Howard Owens.

Law and Order: Task Force investigation leads to drug dealing arrest at Hutchins Street residence

By Howard B. Owens

Jennifer M. "Miss B" Morton, 38, of Driving Park Avenue, Rochester, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and promoting prison contraband 1st, and Angela R. Bateman, 50, of Hutchins Street, Batavia, is charged with criminal nuisance 1st and criminal possession of a controlled substance 7th. As the result of a joint investigation by Batavia PD and the Local Drug Task Force, a search warrant was executed on Dec. 5 at a residence on Hutchins Street, Batavia. Morton, currently on probation related to prior drug charges, was allegedly found in possession of 150 bags of cocaine, and during processing, allegedly entered a secured portion of the Genesee County Jail in possession of cocaine. Bateman, on parole from prior drug charges, is accused of maintaining a premises where narcotics were being sold.  Both Morton and Batement were arraigned and ordered held without bail.

Chad W. Main, 41, of Warsaw, is charged with felony driving while ability impaired by drugs, felony aggravated unlicensed operation, two counts of criminal possession of a controlled substance 7th, obstructing governmental administration, uninspected motor vehicle, unlicensed operator, open alcoholic container, failure to signal, and inadequate plate lamps, and James W. Sherbert, Jr., 49, of Perry, is charged with criminal possession of a controlled substance 7th. Sgt. Mathew Clor initiated a traffic stop on Dec. 2 at 12:41 a.m. on Parmelee Road, Le Roy and upon stopping, Main allegedly fled on foot. He was apprehended a short time later by Clor and Deputy David Moore. Sherbert was allegedly found in possession of two controlled substances.  Main was arraigned and released on his own recognizance. Sherber was issued an appearance ticket.

Herbert B. Gennis, 33, of Raymond Avenue, Batavia and Jason W. Whitehead, Jr., 33, of Bank Street, Batavia, are charged with multiple crimes. It's not entirely clear from the Sheriff's Office which charges apply to which defendant. The charges are criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, criminal possession of a weapon, criminal possession of a controlled substance 7th, criminally using drug paraphernalia 2nd, aggravated unlicensed operation 2nd, operating with an interlock device, and other vehicle and traffic law violations. On Dec. 1 at 7 p,m., deputies Nicholas Chamoun and Kenneth Quackenbush stopped a vehicle on Park Road reportedly driven by Whitehead. Whitehead is accused of driving on a revoked license, without an interlock device, and was in possession of a weapon and narcotics. Gennis was allegedly in possession of narcotics with intent to sell. Whitehead and Gennis were arraigned in Batavia Town Court and released on their own recognizance.

Demetrius W. Richardson, 41, no permanent address, is charged with petit larceny and criminal possession of a forged instrument 1st. Richardson was arrested on three warrants containing four charges of each of the listed charges. He was arraigned in City Court and ordered held without bail.

James W. Cason, 67, of Batavia, is charged with sex abuse 3rd. Cason is accused of subjecting another person to unwanted sexual contact at a location on Bank Street on Nov. 28 at 3 p.m.  He was arraigned in City Court. An order of protection was issued. He was released on his own recognizance. 

Jeannine M. Mobley, 46, of Le Roy, is charged with petit larceny. Mobley is accused of stealing from a business on Jackson Street, Batavia, on Sept. 26 at 9 p.m. She was arraigned in City Court on Nov. 28 and released on her own recognizance.

Tonya M. Weber, 38, of Batavia, is charged with petit larceny. Weber is accused of stealing from a business on East Main Street, Batavia, on Nov. 26 at 3:19 am. She was issued an appearance ticket and released.

Joshua P. Moore, 32, of Batavia, is charged with harassment 2nd and criminal obstruction of breathing. Moore was arrested following the report of a disturbance at 1:35 a.m. on Nov. 24 at a location on Chase Parkway, Batavia. He was arraigned in City Court and released on his own recognizance.

Julie R. Richardson, 31, no permanent address, is charged with grand larceny 4th. Richardson is accused of stealing a credit card from a parked car outside a business on East Main Street in Batavia on Nov. 17 at 6:30 p.m. Richardson was arraigned in City Court and ordered held without bail. Richardson is also charged with petit larceny. On Nov. 11 at 10:50 p.m., Richardson is accused of stealing items from vehicles at a business on East Main Street, Batavia. 

Christopher P. Robinson, 24, of Amherst, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Robinson was stopped at 2:49 p.m. on Nov. 21 at Batavia City Centre by a Batavia patrol officer. He was ordered to appear in City Court on Nov. 30.

Shyanna M. Williams, 19, of Hamburg, is charged with criminal contempt 2nd and criminal contempt 1st. Williams is accused of violating a stay-away order of protection by contacting the protected party via text message multiple times over several days in November. Williams was arraigned in City Court and released under supervision.

Colleen A. Wisniewski, 28, of Middlebury, is charged with petit larceny. Wisniewski is accused of shoplifting from a store on West Main Street at 11:30 a.m. on Nov. 26. She was released on an appearance ticket.

Charles R. Brown, 47, of Batavia, is charged with criminal contempt 2nd. Brown is accused of violating an order of protection on Nov. 14 at 5 a.m. by talking with the protected party. He was ordered to appear in City Court on Dec. 6.

Kaitlyn Nicole Brooks, 30, of Shelly Road, Livonia, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, unlicensed driver, and inadequate headlights. Brooks was stopped at 6:58 p.m. on Nov. 27 on Ellicott Street Road, Bethany, by Deputy Zachary Hoy. She was allegedly found in possession of Fentanyl. She was issued an appearance ticket.

Joseph P. Gerwitz, 24, of Central Avenue, Lancaster, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. At 4:55 a.m. on Dec. 3, Deputy Jacob Kipler and Deputy Alexander Hadsall were dispatched to Alleghany Road in Alabama to investigate a report of a vehicle parked roadside. When they arrived, they found a vehicle that had crashed into a road sign and the driver was unresponsive at the wheel. Gerwitz was arrested and transported to the Genesee County Jail for processing. He was released on appearance tickets.

David John Conrad, 34, of West Ivy Street, East Rochester, is charged with criminal contempt 2nd. Conrad is accused of violating an order of protection at 8:40 a.m. on Nov. 23 at a location on South Lake Road, Pembroke. He was issued an appearance ticket.

Michael J. Fazio, age not released, of Walworth, is charged with criminal possession of stolen property 4th and petit larceny. Fazio is accused of using a stolen credit card to make purchases at the Kwik Fill in Le Roy in August. Fazio was arraigned in Le Roy Town Court on Dec. 6 and ordered held without bail. He is currently incarcerated in the Wayne County Jail on unrelated charges.

Kevin Wayne Howard, 23, of Lake Street, Le Roy, is charged with driving while impaired by drugs. Howard was located during a property check at the Kwik Fill gas station in Le Roy at 2:37 a.m. on Nov. 28 and taken into custody. He was issued an appearance ticket.

James Junior Santiago, Jr., 43, of Hundremark Road, Elba, is charged with bail jumping 2nd. James is accused of failure to appear in County Court on Jan. 16 after being released from custody on felony charges. James was arraigned and ordered held.

Joseph David Krug, 28, of Somerset Lane, Victor, is charged with bail jumping 2nd. Krug is accused of failing to appear in Batavia Town Court on May 24 after being released on felony charges. He was arraigned and ordered held.

Beth Ann Jeffres, 40, no permanent address, is charged with bail jumping 1st. Jeffres is accused of failure to appear in County Court on Oct. 21 after being released on a Class B felony charge. Jeffres was arraigned in County Court and ordered held.

Carl Thomas Amesbury, 30, of School Street, Batavia, is charged with bail jumping 1st and bail jumping 3rd. Amesbury is accused of failure to appear in County Court on Sept. 29 after being released on a Class B felony charge and in Stafford Court on Oct. 13 on another charge. Amesbury was arraigned in County Court and ordered held.

Donald Brown, 48, of Loomis Street Rochester, is charged with bail jumping 2nd. Brown is accused of failure to appear in County Court on March 9 after being released on a felony charge. Brown was arraigned in County Court and ordered held.

Erik Robert Motquin, 40, of West Main Street, Batavia, is charged with bail 3rd. Motquin is accused of failure to appear in Batavia Town Court on Sept. 13 after being released on a criminal charge. He was jailed on $1,000 bail.

Shana C. Dugar, 31, of Hawley Avenue, Syracuse, is charged with bail jumping 2nd. Dugar is accused of failure to appear in Batavia Town Court on Aug. 30 after being released on a criminal charge. Dugar was arraigned in Batavia Town Court and released on her own recognizance.

Jada Imari Smith, 21, of Mourning Dove Road, Niagara Falls, is charged with criminal trespass 2nd. On Dec. 3 at 8:58 p.m., Smith was located on Genesee Community College property after previously being told she wasn't allowed on the property. She was released on an appearance ticket.

Bryan Paul Bartha, 61, of Boyce Road, Corfu, is charged with driving while impaired by drugs, moving from lane unsafely, and leaving the scene of a property damage accident.  Bartha is accused of driving a vehicle that struck a utility pole on Boyce Road, Pembroke, at 6:30 p.m., June 27. He was arrested following an investigation on Dec. 7 and issued an appearance ticket.

Keith P. McNaughton, 24, of West Seneca, is charged with driving while impaired by drugs. McNaughton was stopped by State Police at 1:30 a.m. on Dec. 6 and issued an appearance ticket. 

Shawnna L. Lamont, 33, of Perry, is charged with petit larceny. Lamont is accused of shoplifting $19.45 in merchandise at the Dollar General store on Big Tree Road in the Town of Pavilion at 7:50 p.m. on Dec. 3 and was arrested by State Police. She was issued an appearance ticket.

Child sex predator convicted by jury, faces possible life in prison

By Howard B. Owens
Melvin Huntley

A 41-year-old Town of Batavia resident was convicted Tuesday by a jury following a weeklong trial on the majority of counts against him in a child sex abuse case.

Melvin A. Huntley, a Wilkenson Road resident, could spend the rest of his life in prison following his conviction.

There were four victims in the case.

The jury found Huntley guilty of:

  • Five counts of sex abuse in first degree;
  • Two counts of sex abuse in the third degree;
  • Two counts of rape in the first degree;
  • Two counts of predatory sex against a child;
  • Predatory sexual assault;
  • Four counts of endangering the welfare of a child.

Three of the counts are Class A felonies and two are Class B felonies.

Sentencing is scheduled for January 11.  He has been ordered held in the Genesee County Jail without bail pending sentencing.

“We are very gratified by the jury’s verdict, which was made possible by an excellent investigation by the Sheriff’s Department headed up by Investigator Howard Carlson, tremendous victim support by Theresa Roth and the CAC, and most importantly, the courage of the four victims who testified at trial,” said Assistant District Attorney Robert Zickl, who prosecuted the case.

Grand Jury Report: Man accused of attempted murder in Jackson Street knife attack

By Howard B. Owens

Tyshon L. Taylor is indicted on counts of attempted murder in the second degree, a Class B violent felony, assault in the first degree, a Class B violent felony, and criminal possession of a weapon in the third degree, a Class D felony. Taylor is accused of stabbing a victim with a knife with the intent to kill the victim on Oct. 18 in the City of Batavia. Previously: Man accused of attempted murder in stabbing on Jackson Street

Adam M. Kreutz is indicted on two counts of burglary in the second degree, a Class C violent felony, a count of assault in the second degree, a Class D violent felony, assault in the third degree, a Class A misdemeanor, and attempted coercion in the first degree, a Class E felony, On Sept. 6, Kreutz allegedly twice entered a dwelling on Ellicott Street, Batavia, with the intent to commit a crime. He allegedly caused injury to a person using steel-toed boots. He allegedly told the victim he needed to vacate the apartment that was the victim's legal residence. 

Christian I. Andrzejek is indicted on counts of burglary in the third degree, a Class D felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and petit larceny. Andrzejek is accused of entering a shed on Washington Avenue, Batavia, on Sept. 6 with the intent to commit a crime inside the shed. He is accused of possessing methamphetamine on Sept. 6. He is accused of stealing clothes on Sept. 6.

Tammy L. Cicatello is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Cicatello is accused of possessing a firearm on July 30 in the City of Batavia.

Chaz T. Brandon, Jr., is indicted on counts of criminal possession of a controlled substance in the third degree, a Class B felony, criminal possession of a controlled substance in the fourth degree, a Class C felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. On Aug. 11, 2020, while in the Town of Bergen, Brandon was allegedly found in possession of 67 red plastic containers, each containing cocaine, with the intent to sell it. The aggregate weight was allegedly more than one-eight of an ounce. He is also accused of possessing Oxycodone.

Law and Order: Woman accused of bringing narcotics into jail

By Howard B. Owens
Beth Jeffres

Beth Ann Jeffres, 40, no permanent address, is charged with criminal possession of a narcotic drug, two counts of criminal possession of a narcotic drug with intent to sell, promoting prison contraband 1st, and criminal possession of a controlled substance. Jeffres is accused of entering the Genesee County Jail in possession of narcotic drugs. She was ordered held on cash bail.

Giuseppa G. Flannaca, 33, of Orleans Avenue, Batavia, is charged with grand larceny 3rd. Flannaca is accused of stealing more than $3,000 in merchandise from The Home Depot between Aug. 1 and Oct. 12. Flannaca was arraigned in Town of Batavia Court and released on her own recognizance.

Summer Rose Sewar, 29, of Sunset Parkway, Oakfield, is charged with driving while ability paired by drugs. Sewar was arrested on Nov. 23. She was stopped at 11:42 p.m. on Aug. 24 on Judge Road in Alabama by Deputy Mason Schultz after deputies responded to a "check the welfare" call. Sewar was processed at the Genesee County Jail and released on an appearance ticket.

Law and Order: Man charged with DWI following report of disturbance in Elba

By Howard B. Owens

Cardenas Modesto Otoniel Domingo, 29, of Pearl Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Domingo was stopped on Nov. 24 at 11:47 p.m. on Pearl Street in Batavia by Deputy James Stack as part of an investigation into a disturbance reported earlier in Elba.  Domingo was issued an appearance ticket.

Tara Lyn Hall-Dilaura, 44, of West Main Street, Batavia, is charged with two counts of criminal possession of a controlled substance 7th, tampering with physical evidence, and insufficient turn signal.  Hall-Dilaura was stopped on Nov. 24 at 9:05 p.m. on Clinton Street Road, Batavia, by Deputy Mason Schultz. Hall-Dilaura is accused of hiding a controlled substance on her person while deputies conducted a traffic stop.  She was processed at the Genesee County Jail and released on an appearance ticket.

Brian t. Stachewicz, 27, of Batavia, is charged with criminal possession of a weapon 3rd and DWI.  Stachewicz was stopped by State Police on Nov. 25 at 10:03 p.m. in the Town of Barre. He was allegedly found in possession of an illegal rifle. He was released on an appearance ticket. No other details released.

Allyson P. Lawrence, 28, of Batavia, is charged with bail jumping 3rd. Lawrence was arrested by State Police on Nov 26 at 12:50 a.m. in the Town of Batavia. She was released to a third party.  No further details released.

Nicholas S. Goodell, 25, of Le Roy, is charged with petit larceny. Goodell is accused of stealing in the Town of Batavia (location not released) on Nov. 22 at 2:41 p.m. and was arrested by State Police. He was released on an appearance ticket.

Devon Wright, finally sentenced, gets near maximum prison term

By Howard B. Owens
Devon Wright

It's been more than a year since Devon Wright entered a guilty plea to weapons charges, among other crimes, but he has finally been sentenced to prison for his crimes.

Wright was released from custody after his guilty plea in November 2021 so he could be present at the birth of his first child.

Then he disappeared and evaded capture for several months.  

He then wanted to withdraw his plea and he asked for a new attorney.

Wright got the new attorney.  And then last week, he withdrew his request to withdraw his guilty plea and was sentenced to 24 years in prison.

Judge Melissa Cianfrini sentenced him to: 

  • 12 years plus five years parole on his attempted assault in the first-degree conviction;
  • Seven years, the maximum, on the criminal sexual act in the third degree with 10 years on parole;
  • 10 years on attempted criminal possession of a weapon in the second degree; and,
  • 364 days jail term on his assault in the third-degree conviction, which by law merges with the above sentences.

Because Wright failed to appear for his prior scheduled sentencing date in 2021, Wright lost the benefits of his prior plea deal and Cianfrini ordered the prison terms be run consecutively, putting Wright in prison for a determinate sentence of 24 years with 10 years following on parole.

District Attorney Kevin Finnell recommended a sentence of 20 to 29 years (29 years being the maximum consecutive sentence available under the law).

Fred Rarick, Wright's new attorney, argued that while Wright failed to appear as ordered for sentencing previously, he did avoid getting arrested on new charges since his conviction, so he should be given the benefit of his prior plea agreement.

If the agreement had stood, the sentence cap would have been 10 years in prison.

Cianfrini said that Wright's pre-sentence investigation report did not look good for him. She also said his crimes were violent and that Wright's regard for human life was non-existent. 

For prior coverage of Wright, click here.

Three people facing drug charges after raid on State Street residence

By Howard B. Owens

A raid at 126 State St., Batavia, has led to the arrest of three people on drug-related charges, with one of the suspects accused of dealing narcotics.

Kenneth J. Campbell, 34, of Oak Street, Batavia, is charged with criminal possession of a controlled substance 3rd and criminal possession of a weapon 3rd.

Also charged with criminal possession of a controlled substance 7th are Joanna F. Larnder, 29, of Summit Street, Batavia, and Andre W. Taylor, 35, of Main Street, Albion.

Campbell was arraigned in City Court and ordered held without bail. Larnder and Taylor were released on appearance tickets.

The raid on Nov. 22 by the Emergency Response Team was in response to a warrant obtained by the Local Drug Task Force following an investigation into the sale of narcotics in Batavia.

Assisting were Batavia PD, the Sheriff's Office, City Fire, Mercy EMS, and the District Attorney's Office.

Law and Order: Batavia man accused of pawning more than $1K in stolen merchandise

By Howard B. Owens

Jamie S. Schlonski, 50, of Old Meadow Lane, Batavia, is charged with grand larceny 4th, criminal possession of stolen property 4th, and three counts of falsifying business records 1st. Schlonski is accused of stealing more than $1,000 in merchandise from Dick's Sporting Goods and pawning it at Pawn Kings, which required completing paperwork for the transaction. Schlonski was issued an appearance ticket. 

Lisa Marlene Durham, no age provided, no residence provided, is charged with criminal possession of a controlled substance 7th. Durham was allegedly found in possession of fentanyl at 12:27 a.m. on June 9 at a location on East Main Street, Batavia. She was arrested on Nov. 20 and issued an appearance ticket.

Kervin John Jonathan, 28, of Council House Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd. Jonathan is accused of violating an order of protection by being at the home of a protected party at 2:14 p.m. Nov. 17. He was issued an appearance ticket.

Andrew J. Duckworth, 43, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance (degree not listed in press release) and criminal use of drug paraphernalia 2nd. Duckworth was arrested at 10:22 p.m. Nov. 9, by Deputy Mason Schultz at a location on Liberty Street, Batavia.  Details of the arrest were not released. he was released on an appearance ticket.

Robert P. Grimm, Jr., 56, of Batavia, is charged with aggravated DWI and other vehicle and traffic infractions. Grimm was stopped on Nov. 24 in the Town of Batavia by State Police. He allegedly failed a field sobriety test and State Police report his BAC was .18. He was issued an appearance ticket.

 Michelle S. Froebel, 44, of Alexander, is charged with criminal possession of a controlled substance 7th. Froebel was arrested by State Police following a traffic stop by Warsaw Police on Genesee Street in the Village of Warsaw. She was allegedly found in possession of cocaine. She was processed at SP Warsaw and released on an appearance ticket.

Law and Order: Driver accused of operating on 24 active suspensions

By Howard B. Owens

Alexander C. Schwartz, 26, of Rochester, is charged with aggravated unlicensed operation 1st. Schwartz was stopped at 9:30 a.m. on Nov. 13 on East Main Street, Batavia. He allegedly has 34 active license suspensions. He was arraigned in City Court and released under supervision.

Martin F. Jones, 51, of Batavia, is charged with harassment 2nd. Jones is accused of being involved in a disturbance at 1 p.m. on Nov. 3 at a location on South Main Street, Batavia. He was issued an appearance ticket.

Jason S. Wood, 44, of Batavia, is charged with DWI, speeding, avoiding intersections, and open alcoholic beverage container. Wood was stopped at 5:38 p.m. on Nov. 13 on Chestnut Street, Batavia. He was issued appearance tickets.

Cassandra L. Brunea, 49, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Brunea allegedly threatened to hit another woman while that person was holding a child at 11:13 a.m. on Nov. 15 at a location on East Avenue, Batavia. She was arraigned in City Court and released.

Madalyn R. Muntz, 36, of Batavia, is charged with petit larceny. Muntz was arrested by State Police in connection with an incident reported at 9:19 a.m., May 16, in the Town of Batavia. She was released on an appearance ticket. No further details released.

Trisha M Moyer, 44, of Kendall, is charged with DWI and driving with a BAC of .08 or greater. Moyer was stopped at 11:11 p.m. on Nov. 15 in the Town of Elba by State Police. She was released on an appearance ticket.

Jody Ann Minuto-Carey, 52, of Chili Riga Court, Churchville, is charged with DWI, driving with a BAC of .08 or greater, and moved from lane unsafely. Minuto-Carey was stopped at 4:33 p.m. on Nov. 8 on Clinton Street Road, Bergen, by Deputy Trevor Sherwood. She was released on an appearance ticket.

Loretta Lynn Baer, 51, of Batavia, is charged with criminal possession of a controlled substance 7th. Baer is accused of possessing Fentanyl at 4:03 a.m., May 20, at a location on East Main Street, Batavia. She was arrested on Nov. 10 and issued an appearance ticket.

Grand Jury Report: Woman accused of presenting forged vaccination card to employer

By Howard B. Owens

Stacey A. King is indicted on counts of criminal possession of a forged instrument in the second degree and falsifying business records in the first degree. King is accused of presenting a forged COVID-19 vaccination record to her employer in the City of Batavia on Oct. 1, 2021.

Katherine J. Briggs is indicted on one count of criminal contempt in the first degree. Briggs is accused of violating an order of protection on July 27 at a location on South Main Street, Batavia.

Martin P. Macioszek, II, is indicted on one count of grand larceny in the third degree.  Macioszek is accused of stealing property with a value greater than $3,000 from a location in the Town of Batavia between May 2020 and September 2020.

 

Law and Order: Batavia woman accused assaulting, abusing young child

By Howard B. Owens
Deborah Gorton

Deborah C. Gorton, 25, of Overlook Drive, Batavia, is charged with assault 2nd, aggravated sex abuse 2nd, and endangering the welfare of a child. Gorton is accused of assaulting a child and of sexually abusing the child. The child is reportedly less than seven years old. There were allegedly multiple incidents. Gorton was arraigned in the Town of Batavia Court and released on her own recognizance in accordance with New York's bail law. She was scheduled to reappear in court at a later date.

Brian Stover, 52, of Edward Street, Newfane, is charged with grand larceny 4th. Stover allegedly stole merchandise valued at $1,042.48 from The Home Depot in Batavia. 

Amari Chantelle Glass, 22, of East Water Street, Elmira, is charged with criminal trespass 2nd. Glass is accused of trespassing at Genesee Community College on Nov. 17 at 5:33 p.m. after previously being banned from the campus. She was released on an appearance ticket.

Law and Order: Jail inmate accused of violating order of protection five times

By Howard B. Owens

John Sumlin, III, 43, of West Main Street Road, Batavia, is charged with five counts of criminal contempt 1st. Sumlin is accused of violating an order of protection by contacting the protected party by telephone while being held in the Genesee County Jail.

Ronnie K. Johnson, 52, no permanent address, is charged with grand larceny 4th and burglary 3rd. Johnson was arrested on a warrant stemming from a criminal complaint reported at 7:15 a.m. Aug. 2 at a location on East Main Street. He was arraigned in City Court and ordered held in the Genesee County Jail. He is also charged with grand larceny 4th and conspiracy 5th, charges that stem from a criminal complaint filed on Aug. 19 at a location on East Main Street.

Nicholas J. Mruczek, 39, of Batavia, is charged with harassment 2nd. On Nov. 6 at 9:45 p.m., Mruczek allegedly physically harassed a woman during a dispute. He was issued an appearance ticket.

Benjamin A. Boyce, 41, of Batavia, is charged with dog running at large. Boyce is accused of allowing his dog to run at large at 8:35 p.m. Oct. 31 on Woodrow Road, Batavia. He was issued an appearance ticket.

William J. Galliford, 62, of Bergen, is charged with failure to appear.  Galliford was arrested on a warrant and arraigned in City Court and released on his own recognizance.

George J. Budzinack, 42, of Rochester, was arrested on a bench warrant after allegedly failing to appear in court as ordered. He was arraigned in City Court and released on his own recognizance.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is arrested in connection with a disturbance reported at 7:04 a.m. on Oct. 21 on Shady Lane in the Town of Batavia.

Connor Jenkins Rombault, 25, of West Avenue, Brockport, is charged with DWI, moving from lane unsafely, and speed not reasonable nor prudent. Rombault was stopped at 10:09 p.m. on Nov. 11 on Lake Street Road, Le Roy by Deputy Mason Schultz. Rombault was processed at the Genesee County Jail and issued an appearance ticket.

Graffiti at City Hall case has been turned over to DA for potential charges

By Joanne Beck

A case involving chalk drawings on the exterior of City Hall has been referred to the Genesee Coumty District Attorney’s Office, Police Chief Shawn Heubusch says.

Stemming from an Aug. 8 graffiti spree in which the brick columns, doors and sidewalks were marked with about a dozen crude pictures, city police have investigated the matter, Heubusch said, and are now waiting to hear if “any criminal charges are applicable,” he said in response to The Batavian’s request for an update.

The drawings, thought at the time to be “anti-ReAwaken Tour” depictions that rejected hate and fascism, were discovered after a City Council meeting that ended around 8:45 p.m.

City Manager Rachael Tabelski and Public Works Director Brett Frank, along with city police officers, then inspected the building’s exterior to find out how much graffiti was done.

Police had also checked the surveillance cameras, and “videos have been accessed and watched,” Tabelski said.

“It’s still a continuing, ongoing investigation,” she said Tuesday. “I am hopeful it will lead to an individual, or individuals, being held responsible for defacing public property.”

At the time, police said the person responsible will face a charge of criminal tampering, a class B misdemeanor. The City of Batavia was going to keep track of the cost of the cleanup and submit an amount to the police for the case.

File Photo of graffiti drawn in August at City Hall by Alecia Kaus.

Grand Jury Report: Local man accused of stealing and trying to pawn what he stole

By Howard B. Owens

Andrew J. Draper is indicted on a count of falsifying business records in the first degree, a Class E felony. Draper is accused of signing a fraudulent bill of sale on June 22 at Pawn Kings on Veterans Memorial Drive in Batavia. He is also indicted on counts of criminal contempt in the first degree, a Class E felony, and harassment in the second degree, a violation.  Draper is accused of violating an order of protection and taking physical action against another person on June 17 at a location on Miller Avenue, Batavia.

Andrew A. Searight and Jerrotonia A. Scarbrough are indicted on two counts of aggravated cruelty to animals under Section 353-a(1) of the Agriculture and Markets Law, a felony.  Both are accused of intentionally killing and causing physical injury to two dogs on May 10.

Dustin M. Locicero is indicted on counts of falsifying business records in the first degree, a Class E felony, burglary in the third degree, a Class D felony, and petit larceny, a Class A misdemeanor. Locicero is accused of signing a fraudulent bill of sale at Pawn Kings on Veterans Memorial Drive, Batavia, on April 26.  He is accused of breaking into a garage on Broadway Road, Darien, on June 5 and stealing a power nailer, an orbital sander, and a battery charger.

Aaron T. Hendershot is indicted on two counts of criminal mischief in the second degree, a Class D felony, and one count of obstructing governmental administration. Hendershot is accused of damaging a City of Batavia patrol vehicle on Sept. 11 and of damaging the tires of a vehicle belonging to a local resident on Sept. 10. He is also accused of intentionally obstructing a public servant from performing an official function on Sept. 11.

Ajie J. Smith-Ezell is indicted on a count of assault in the second degree, a Class D violent felony. Smith-Ezell is accused of intending to cause serious injury to another person and causing serious injury to that person on March 12 in the City of Batavia.

Marcella F. Greene is indicted on a count of driving while impaired by drugs, a Class E felony, of reckless driving, a misdemeanor, and criminal possession of a controlled substance in the seventh degree. Greene is accused of being impaired by drugs while operating a 2003 Dodge on East Main Street and North Spruce Street, City of Batavia, on April 22.

John Saddler, Jr. is indicted on counts of aggravated family offense, a Class E felony, and criminal contempt in the second degree, a Class A misdemeanor. Saddler is accused of violating a court order at 2:33 p.m. on July 10 in the City of Batavia.

Todd A. Kendall is indicted on a count of failure to verify as a sex offender, a Class E felony. Kendall, a registered Level 2 sex offender, is accused of providing a current photograph of himself to authorities in a manner and within a time period required by law.

John C. Hoogasian is indicted on a count of grand larceny in the third degree, a Class D felony. Hoogasian is accused of stealing a 2018 Chevrolet Silverado pickup truck from a location on Oak Orchard Road, Elba, on Sept. 29, 2021. He is also indicted on a count of bail jumping in the second degree, a Class E felony. He is accused of failing to appear in Town of Oakfield Court as ordered as part of a criminal proceeding.

Arthur J. Brown is indicted on a count of failure to register a change of address as a sex offender, a Class E felony. Brown is accused of failure to register a change of address within the required 10 days as a registered sex offender.

Ledeja K. Wright is indicted on counts of burglary in the second degree, a Class C felony, criminal mischief in the third degree, a Class E felony, and criminal tampering in the third degree, a Class B misdemeanor. Wright is accused of entering a residence on Holland Avenue, Batavia, on June 15 with the intent to commit a crime inside the residence. Wright is accused of damaging a television and stereo inside the residence. Wright is also accused of damaging property of another person with the intent to cause substantial inconvenience to another person.

Jeffrey D. Hall is indicted on a count of sexual abuse in the first degree, a Class D violent felony. Hall is accused of subjecting another person to sexual contact by forcible compulsion on May 24 at a location in the City of Batavia.

Joseph D. Krug is indicted on a count of grand larceny in the fourth degree, a Class E felony. Krug is accused of stealing property with a value exceeding $1,000 from a location in the Town of Batavia on Feb. 16.

Jamie M. Cyr is indicted on a count of promoting prison contraband in the first degree, a Class D felony. Cyr is accused of possession of suboxone while confined to the Genesee County Jail on April 16.

Judge calls child sex predator 'poison' before sentencing him to prison for 10 years to life

By Howard B. Owens

A child sex predator said he was sorry today, but Judge Melissa Lightcap Cianfrini wasn't completely sold on his remorse.

Then when predator Wesley Thigpen refused to sign an order of protection to acknowledge that he had been served with it, that was almost more than the judge's patience could tolerate.

"That just shows me the kind of person you are," Cianfrini said. "Don't sign it. I don't care. I'll send the order to DOCs (the Department of Corrections), and your refusal to sign it is in the transcript. When they see it at a parole hearing, they can see how you acted." 

The 42-year-old Thigpen entered a guilty to predatory sexual assault against a child, a Class A-II felony, on Oct. 24. The plea agreement capped his sentence at 10 years to life.

"I took the plea deal because I wouldn't want to make them (his victims) go through a trial and have them traumatized again," Thigpen said during a lengthy statement that was supposed to be directed to the court but often used personal pronouns as if he was addressing his victims.

He had been previously warned by Cianfrini not to address his victims.

In his statement, Thigpen acknowledged that his victims and members of their family do not believe he is remorseful. He said he is.

"Breaking people's trust in you at such a massive level, of course they do not have faith in anything you say," Thigpen said. "I do have remorse. I am ashamed, and from day one, I've admitted it.  I didn't hide. 

"I understand the pain I caused," he added. "I am ashamed and sorry."

In 2019, while entering a guilty plea on sexual abuse charges, Thigpen called the statements against him attributed to one of his victims "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Today, Thigpen was less belligerent, saying he hoped his victims would find peace. 

"The shame is not with you," Thigpen said. "I understand it's embarrassing and I sympathize but the shame is not with you. You have done nothing wrong. There is nothing you did that caused this to happen. It's not your fault at all."

He added, "It's not on you. It's on me. The embarrassment and shame that I caused is on me."

It was at this point that one of the victims left the room in tears and members of her family followed.

First District Attorney Joseph Robinson objected to Thigpen's statements, pointing out that he had strayed from addressing the court to addressing the victims directly. 

Thigpen tried to explain that he was just trying to tell the court what he would say to his victims if given the chance.

Two victims spoke in court this morning, as well as their mother. 

"I'm torn to pieces," one of them said. "You made a mess of my life. The trauma affects my regular daily life. I am stuck trying to retain any relationship in my life. I can't keep a steady relationship.  It's affected me, and lately, I don't feel normal. I wish I could live a normal life."

She said she feels shame and she feels cheated.

The other victim to speak said, "it's hard to make friends with other kids and have a normal life at school.  I can't ever live a normal life and I carry this sick, dirty feeling with me.  It's hard for me to have a romantic relationship. I struggle with my body image and self-worth."

She said she's being treated for depression and is in counseling.

But she also said she has come out of the experience a strong and independent woman.

"I will never let another person hurt me the way you did," she said.

Their mother said, "My kids will never be the same because he took their childhood away.  I struggle every day because of the terrible things he did to them."

Robinson said Thigpen deserved a long prison sentence so he would have time to think about what he did.

"He stole from them not just their innocence. They will likely have this memory for the rest of their lives. They will have this memory no matter how many years he's in prison. They will move on with their lives, maybe start families, maybe have loving families, but that memory will always be with them no matter what happens."

Cianfrini had her own lengthy statement when it came time to explain her sentencing decision.

First, she addressed the victims, only she didn't call them victims. She called them survivors.

"That's a very strong thing to be in this world, a survivor," Cianfrini said. 

She said they can move on with their lives.

"You have survived something that is unsettling, but you can rise above it because you are strong. You are altruistic. You are smart. It's all of those things that are going to carry you forward in life and I believe you will have a positive impact on our society."

As for Thigpen, Cianfrini said, "Now you, Mr. Thigpen, you are poison. You are the worst kind of poison."

She added, "Sexual abuse is a poison that goes through society. It goes through whole families."

She reminded him that he had been a victim of sexual abuse and that he should know what it does to people, "and you did it anyway."

She recalled that at his hearing where he entered his guilty plea, he "tried to back peddle." 

She said he likes to write letters and told him to stop trying to write letters to third parties in order to communicate with "the survivors." 

"It's not legal," she said.

She noted that one of the victims left the room while he was making his statement and said that was because he doesn't know how to regulate his speech and understand its impact on other people. 

"You went too far and that's what you do," Cianfrini said. "You always go too far."

After Cianfrini reprimanded Thigpen for his refusal to sign the order of protection, she pronounced sentence.

Ten years to life.

Then Thigpen tried to address the court.  Cianfrini told him, "You've had your opportunity to speak." He tried again. She said, "no." Then she stood up and walked out of the chamber before corrections officers removed Thigpen from the court to return him to prison. Maybe for the rest of his life.

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