crime

At one time, Mark Maltese was a model citizen, his attorney David Pilato told Judge Robert C. Noonan this morning before Maltese was sentenced to 15 years in prison.

The 44-year-old Batavia resident had a couple of driving under the influence arrests, but otherwise never had any contact with the law until he decided to start robbing and burglarizing local businesses in order to feed a recently acquired cocaine addiction.

He was educated, employed, a father and a son who grew up loving football and caring about his family, Pilato said.

"His addiction is not an excuse for his behavior," Pilato said. "It explains his behavior."

Noonan said, even so, the crimes committed by Maltese, which he was convicted of at a jury trial in January, were "among the most violent crimes in our criminal justice system" and deserved a significant prison term.

The 15-year sentences were handed down on Maltese's conviction of robbery in the 2nd degree.

The armed robberies were committed over a few days period in November 2013 at the Best Western on Park Road, the 7-Eleven in Oakfield, and the Days Inn on Noonan Drive, Batavia.

Maltese was captured after burglarizing Rent-A-Center days after the Days Inn robbery.

The two 15-year sentences were imposed concurrently, as were the series of two-and-one-third to seven-year sentences for his convictions on burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

Also in court today: Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, who entered a plea in January to criminal possession of a weapon, 2nd, was sentenced to two to four years in prison. The conviction stems from a Sept. 5 incident on Thorpe Street that led to charges of burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief.

Luis A. Castro Maldonado, 21, of 27 E. Main St., Le Roy, is charged with assault, 2nd. During the early morning hours, Sunday, Le Roy PD was dispatched on two separate occasions to an excessive noise complaint at 27 E. Main St., Le Roy. Later, police were dispatched to investigate an alleged assault. Castro Maldonado is accused of hitting a person in the face with a snow shovel. The alleged victim suffered cuts and was treated at the scene by Le Roy Ambulance. Castro Maldonado was arraigned and released under supervision of Genesee Justice.

Allysa L. Castro, 22, of 91 S. Main St., Perry, is charged with harassment, 2nd. During the incident reported above, Castro allegedly struck another person in the hand and then punched that person in the face.

Gerald L. Barber, 40, of 143 Jackson St., Batavia, is charged with DWI, consumption of alcohol in a motor vehicle, refusal to take breath test, driver's view obstructed and side window/rear window not transparent. Barber was stopped by Le Roy PD on an alleged tinted window violation. He was jailed on $250 bail.

A 16-year-old resident of Ellicott Street, Batavia, is charged with criminal possession of marijuana, 5th, unlawful possession of marijuana, endangering the welfare of a child, obstructing governmental administration and aggravated DWI/drugs with a child in the vehicle. Police responded to a report of a suspicious vehicle on Washington Avenue at 6 p.m., Thursday. When approached, all occupants attempted to flee. The driver was apprehended and found allegedly impaired by marijuana and in possession of marijuana. There was a 14-year-old youth allegedly in the vehicle. All of the other occupants have been identified. (Name of the youth withheld by Batavia PD).

A 16-year-old resident of Dellinger Avenue is charged with criminal possession of marijuana, 5th, and endangering the welfare of a child. The youth was allegedly involved in the incident above (name withheld by Batavia PD).

Rene N. Brochu, 31, of Lewiston Road, Oakfield, is charged with failure to appear. Brochu allegedly failed to appear on a traffic ticket issued Jan. 14. He was jailed on $1,000 bail.

Joshua E. Blue, 28, of McKinley Avenue, Batavia, is charged with resisting arrest and obstructing governmental administration. Batavia PD responded at 1:55 a.m. Sunday to a report of a large fight at 345 W. Main St., Batavia, and Blue allegedly tried to physically interfere with an officer making an arrest of another person. Blue was jailed on $1,500 bail.

Tabatha Holly Clark, 29, of Telephone Road, Le Roy, is charged with driving while ability impaired by alcohol and drugs. Clark was arrested based on the return of a toxicology report just completed that stemmed from a police response at 12:30 a.m. Dec. 12 to a report of a woman sleeping in a running vehicle on Willow Street for two hours.

Alexandra R. Lasky, 24, of Seven Springs Road, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Lasky turned himself in to Batavia PD and posted $200 police bail.

Kirk D. Baker, 27, of Center Street, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, reckless driving, no headlights and failure to keep right. Police received two complaints of a possible DWI at 7:59 p.m. Thursday. Baker's vehicle was stopped on Ellicott Street by officer Devon Pahuta. He was jailed on $5,000 bail.

Marquis D. Flowers, 22, of Frost Avenue, Rochester, was arrested on a warrant for alleged failure to appear on an unauthorized use of a motor vehicle charge. He was held in jail pending his next court appearance.

Sarah M. Wilson, 30, of Washington Avenue, Batavia, is charged with criminal contempt, 2nd. Wilson was arrested on a report received by police at 1:27 a.m. Feb. 5. No further details released.

Destiny N. Green, 18, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Green was arrested at her residence. She posted $100 bail.

Richard Allen Townley, 38, of Francis Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and no/inadequate directional signals. Townley was stopped at 1:23 a.m. Sunday on Francis Road, Bethany, by Deputy Joseph Corona.

Chandler James Wingling, 18, of Ellicott Street, Pavilion, is charged with unlawful possession of marijuana. Wingling was allegedly found in possession of marijuana during a traffic stop at 4:01 p.m. Feb. 20 on Route 77, Darien, by Deputy Kevin McCarthy.

Jessica Lynn Hoff, 35, of Knapp Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, no front license plate, broken windshield and insufficient tail lamps. Hoff was stopped at 1:34 a.m. Thursday on Route 77, Darien, by Deputy Joseph Corona.

Thomas Michael Kunes, 45, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving under the influence of alcohol and drugs, unlawful possession of marijuana and no/inadequate headlights. Kunes was stopped at 7:27 p.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jacob Wendell Cole, 30, of Wiscoy Road, Portageville, is charged with possession of more than 400 untaxed cigarettes and driver's view obstructed. Cole was stopped at 1:27 p.m. Feb. 25 on Route 77, Pembroke, for alleged traffic violations by Deputy Patrick Reeves. Cole was allegedly found in possession of 1,400 untaxed cigarettes.

Jovenia Ann Corcoran, 52, of River Street, Hornell, is charged with possession of more than 400 untaxed cigarettes and speeding (59 mph in 40 mph zone). Corcoran was stopped at 11:53 a.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Corcoran was allegedly found in possession of 3,400 untaxed cigarettes.

Thomas James Rose, 19, of Ford Road, Elba, is charged with grand larceny, 4th, and petit larceny. Rose is accused of stealing checks and a debit card.

Pamela B. Crespo, 19, of Newark, N.J., is charged with criminal trespass, 3rd. Crespo was arrested by State Police at College Village.

Michael J. Maniscalco, 27, of Greece, is charged with unlawful possession of marijuana. Maniscalco was arrested by State Police in the Town of Le Roy.

Batavia Police are looking for a male, possibly Hispanic, described as about 5'2" and wearing blue jeans, who attempted to rob the Family Dollar on East Main Street this morning.

An employee told police that the man entered the store at 9:36 a.m. with a black scarf around his face, approached the cashier and asked for money while displaying a silver handgun. He then left the store without further incident and walked eastbound on the sidewalk.

The store stayed open for business. Police checked the area for the suspect, including nearby businesses. He was not located. Any person having information is asked to please call the Genesee County Emergency Dispatch Center at 345-6350.

Anthony W. Janda, 37, of Gasport, is charged with DWI, speed unreasonable, failure to use designated lane and driving across hazardous markings. Janda's vehicle left the south shoulder of Route 5 in Pembroke and struck a snow embankment. Upon a trooper's arrival, Janda was in a Mercy EMS ambulance. The trooper said he detected "an overwhelming odor of an alcoholic beverage." The trooper administered two field sobriety tests and a breath test, which indicated alcohol consumption. Janda was transported to ECMC as a precaution and reportedly refused a blood test for the trooper, though the hospital had already drawn blood.

Vanessa Lynn Silvernail, 29, of Meadow Farm North, North Chili, is charged with DWI, aggravated DWI, aggravated unlicensed operation, moving from lane unsafely and drinking alcohol in a motor vehicle. Silvernail was arrested following an investigation into a one-vehicle accident in which the vehicle left the roadway on North Road, Town of Le Roy, and went into a ditch at 12:30 a.m. The accident was investigated by Deputy Joseph Loftus.

Annie E. Johnson, 86, of Milbank Street, Rochester, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the city. Johnson turned herself in and was released on $100 bail.

Christina M. Sanchez-Anderson, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a possession of stolen property, 5th, charge. Sanchez-Anderson turned herself in, was arraigned in City Court and released on her own recognizance.

Lee Edward Richeson, 53, of 8th Street, Canisteo, is charged with possession of more than 400 untaxed cigarettes. Richeson was stopped at 11:50 a.m. Tuesday on Route 77, Pembroke, for an alleged traffic violation by Deputy Patrick Reeves.

Zaid Amhad Alhariri, 47, of Dodge Street, Buffalo, is charged with possession of more than 4,600 untaxed cigarettes. Alhariri was stopped for alleged traffic violations at 12:23 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 4,600 untaxed cigarettes with a value of $1,055.

Cindy Lou Bush, 63, of Oak Orchard Road, Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly involved in an incident at 7:30 p.m. Monday at a residence on Oak Orchard Road, Elba, with five other people, all who are the subject of a complete stay away order issued to Bush.

Annette Monique McMillian, 30, of Elmdorf Street, Rochester, is charged with scheme to defraud, 1st, petit larceny and issuing a bad check. McMillian was arrested on a warrant after turning herself in to Monroe County Probation. She was arraigned in Le Roy Town Court and jailed on $1,000 bail.

Nina Kelso isn't sure she should have entered a guilty plea in October to one count of animal cruelty, the Batavia woman indicated in City Court today as she wiped away tears.

She told Judge Robert Balbick that she wanted a new attorney before being sentenced on the conviction.

"I need somebody more suitable for somebody who attends mental health and needs more help with the case to be able to show their innocence and not be pretty scared into taking a plea," Kelso said.

Under no circumstances, Balbick told her, would she be allowed to withdraw her guilty plea, nor would he assign a new county-paid attorney to her, but he did give her two weeks to hire her own attorney.

In October, Kelso entered a guilty plea on an Alford basis, meaning she admits she would likely be found guilty by a jury, but did not admit to the facts of the case.

It's been a year since Kelso was first accused of mistreating her former dog, Fox'r. Fox'r was found by an animal control officer extremely malnourished at Kelso's residence.

Kelso maintained that Fox'r had eaten something that made him sick.

Today, Kelso said she felt pressured to enter a guilty plea because she said her attorney -- her second attorney on the case -- had told her if she didn't plead guilty, she would likely be found guilty by a jury and sent to jail once convicted.

Balbick reminded Kelso that when he accepted her plea, she questioned her about her understanding of the plea and her confidence in her attorney.

"If you had given any indication you were not making the plea voluntarily, I would not have taken the plea," Balbick said. "We went through the entire plea process very, very clearly."

The plea deal required Kelso to surrender ownership of Fox'r, who had been languishing in the animal shelter for eight months, so he could be adopted by a new family. It also came with a stipulation that Kelso would not be sent to jail.

Kelso is scheduled to reappear in City Court for sentencing in two weeks.

One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.

Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.

Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.

He is serving a 15-years-to-life sentence in State Prison.

The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.

Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.

Doll has already lost an appeal on the legality of his being questioned without being read his rights.

An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.

Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.

"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.

Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.

As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.

"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.

"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.

"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."

Noonan will rule on the motions at a later date.

For previous Scott Doll coverage, click here.

Brian Michael Glor, 43, of Church Street, Oakfield, is charged with DWI and refusal to take breath test. Glor was arrested following an investigation into a hit-and-run accident at 7:34 p.m., Monday, in the City of Batavia, by Deputy Michael Lute.

Steven R. Colombo, 28, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd. Colombo allegedly violated a complete stay away order of protection. He was allegedly found hiding in the pantry of the protected party's residence.

Jimpce J. Etienne, 38, of Buell Street, Batavia, is charged with unnecessary noise. Etienne is accused of playing extremely loud and disturbing music at 11:30 a.m., Saturday.

Kayla D. Joiner, 22, of Schreck Avenue, Buffalo, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Joiner turned herself in and was jailed on $100 bail.

Thomas J. Mitchell, 25, of Batavia, was arrested on two warrants for alleged failure to appear. Mitchell was located and arrested and jailed on $1,500 bail.

Robin A. Pickering, 31, of Croop Road, Clarence Center, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, operation by an unlicensed driver and drinking alcohol in a motor vehicle. Pickering reportedly drove her car into a snowbank on Burke Drive, Batavia, at 4:36 a.m., Friday. The accident was investigated by Officer Matthew Wojtaszczyk.

James Rocco Soccio, 33, of Ross Street, Batavia, is charged with coercion, 2nd. Soccio reportedly went to the residence of a person scheduled to speak against Soccio in a Family Court proceeding. Soccio allegedly threatened to harm the person. 

Jacob J. Camerera, 23, of South Jackson Street, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and two counts of aggravated unlicensed operation, 2nd. Camerera allegedly drove a vehicle toward four other people in a reckless manner on Watson Street, Batavia, at 4:59 p..m., Feb. 15. One of the four people was covered by an order of protection.

A 17-year-old resident of Walnut Street, Batavia is charged with two counts of harassment, 2nd, and criminal mischief, 4th. The youth was arrested following an alleged incident at his residence at 11:30 a.m., Friday.

Kenneth L. Perkins, 51, of West Main Street, Corfu, is charged with criminal mischief, 4th. Perkins allegedly damaged the property of another person.

Heyward Clark Jr., 50, of Whitney Avenue, Niagara Falls, is charged with four counts of endangering the welfare of a child, driving while ability impaired by alcohol, following too closely, driving without a license, and child passenger in back seat not properly restrained. Heyward was stopped at 12:02 a.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jennifer P. Hepp, 32, of Varysburg, is charged with petit larceny. Hepp was arrested by State Police on Friday at a location on Veterans Memorial Drive. No further information released.

Philip D. Stahli, 34, of Lockport, is charged with unlawful possession of marijuana. Stahli was arrested by State Police in Pavilion on Saturday. No further details released.

Harry R. Silliman, 50, of Batavia, is charged with criminal mischief, 3rd, and harassment, 2nd. Silliman was arrested by State Police for an alleged incident at 9:45 p.m., Feb. 17. No further details released.

Justin Lee Pyatt, 26, of Jackson Street, Batavia, is charged with menacing a police officer. Officers responded to 113 Jackson St., Batavia, at 2:02 p.m. Monday to check on the welfare of Pyatt after receiving reports that he was distraught. Pyatt allegedly brandished a knife and threatened two officers. Pyatt was taken into custody without incident and jailed without bail.

Julio C. Morales, 29, of Upton Road, Batavia, is charged with theft of services. Morales is accused of dining at Main St. Pizza Company and then attempting to leave without paying for his meal.

Shaun P. Coulter, 29, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th. Coulter allegedly broke a window during a domestic incident reported at 8:54 a.m. Wednesday. He was jailed on $500 bail.

Gina L. Donovan, 39, of Haven Lane, Batavia, is charged with trespass. Donovan allegedly refused to leave the Richmond Memorial Library after being told by staff to leave the property.

Michele S. Lafreniere, 30, of Handsome Lake Drive, Caledonia, was arrested on a warrant for alleged failure to appear on a charge of aggravated unlicensed operation, 3rd. Lafreniere turned herself in and paid $500 bail before being released.

Lawrence David Liles, 58, of Mill Road, Stafford, is charged with criminal mischief, third degree assault and harassment, 2nd. During an incident reported at 6:25 p.m. Aug. 12 Liles allegedly grabbed the phone of a female when she attempted to contact law enforcement. He allegedly struck another person at the scene, causing injuries.

Emisha Marie Milton, 20, of Thurston Road, Rochester, is charged with petit larceny. Milton was arrested on a warrant out of Town of Batavia Court. She was released on her own recognizance from Genesee County custody, but turned over to Gates PD on a warrant on an unrelated matter.

Nancy Ellen Chatt, 69, of Prestige Crossing, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely and speed not reasonable and prudent. Chatt was charged following a one-vehicle accident, reported at 7:08 p.m. Jan. 24 and investigated by Deputy Matthew Fleming.

Eric McKenzie Smith, 29, of Ross Street, Batavia, is charged with unauthorized use of a vehicle, 3rd. Smith was reportedly located by Rochester PD in Rochester while driving a vehicle that he allegedly refused to return to its owner. He was turned over to the Sheriff's Office, arraigned and released.

Jordan Nathanial Odom, 18, of Main Road, Stafford. Odom is accused of stealing items from Pavilion High School on Jan. 13. A 17-year-old resident of Clipnock Road, Stafford, was also charged with petit larceny.

Ketrina Barnes, 19, of Rochester, is charged with grand larceny, 4th. Barnes was arrested at Genesee Community College by State Police. No further details released.

There's nothing new to report on a federal raid that took place Jan. 23 at 3618 Batavia-Oakfield Townline Road, Batavia, according to Karen Wisnowski, spokeswoman for Homeland Security in Buffalo.

We checked in with her yesterday. She responded this morning after talking with the agent in charge of the operation.

As reported previously, it looks like there were marijuana plants being removed from the residence.

The raid involved Homeland Security, ICE, the Secret Service and State Police.

The nature of the investigation is under a court-ordered seal.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Mayl allegedly sold a quantity of Soma to an agent of the Local Drug Task Force during the month of April, 2014. She was arrested Tuesday by a uniformed deputy. Following arraignment, she was jailed on $5,000 bail. (Soma is the brand name of carisoprodol, a muscle relaxant.)

Cale Daniel Rice, 38, of Sunset Terrace, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent and moving from lane unsafely. Rice was charged following an investigation by Deputy Jason Saile into a motor-vehicle accident at 4:27 a.m. Saturday on Route 5, Batavia.

Joseph A. Muolo, 24, of Union Street, Batavia, was arrested at his residence on a warrant for alleged failure to appear on a parking ticket (parking on city streets between 2 and 6 a.m.). Muolo posted $100 bail and was released.

Two women from Buffalo are accused of stealing enough from the Walmart in Batavia to be charged with grand larceny in the fourth degree.

Rickita Lathan, 29, and Katrina M. Jones, 46, are accused of making off with laptop computers and an undetermined amount of clothing without paying for the items during a visit to the story Friday.

They were identified as the suspects through the use of surveillance video.

Based on the evidence, State Police investigators received arrest warrants out of the Town of Batavia Court for Lathan and Jones.

Lathan was taken into custody by Cheektowaga PD and turned over to SP Batavia. She was arraigned in Town of Oakfield Court and jailed on $1,000 cash bail or $2,000 bond.

Jones was being held in the Niagara County Jail on an unrelated charge. She was transported to SP Batavia and transferred to the Genesee County Jail on $500 bail.

Besides the Class E felony charge, the duo is charged with conspiracy, 5th, a Class A misdemeanor.

A Batavia man is in custody in Attica after an alleged assault at the Tops Store in the Wyoming County village.

Joshua T. Pehrson, 29, of 330 Ellicott St., Batavia, is accused of choking his girlfriend while they were parked in a car outside the store. The woman, an employee of Tops, entered the store and Pehrson allegedly attacked her again when they got inside, choking her and attempting to stab her with scissors.

Employees and customers intervened and held Pehrson until Attica PD officers arrived.

He is charged attempted assault, 1st, criminal obstructing breathing, menacing, 2nd and criminal possession of a weapon, 4th.

The suspect was jailed on $25,000 bail or $50,000 bond.

Tyquawn D. Bethal, 24, of East Main Street, Batavia, is charged with criminal contempt, 1st, criminal contempt, 2nd, assault, 3rd, coercion, 2nd, and criminal obstruction of breathing. Bethal was arrested following an investigation into an alleged incident reported at 8:30 a.m. Wednesday at a residence on Prune Street, Batavia. The investigation stemmed from an initial report that Bethal had unwanted physical contact with a person protected from him by a court order. He was also charged with three counts of endangering the welfare of a child. Bethal was ordered held without bail.

Keith B. Besaw, 43, of Lyon Street, Batavia, is charged with criminal mischief, 2nd. Besaw is accused of damaging an electric clock valued at more than $1,500 at the Genesee County Nursing Home.

Nickol RL Burnett, 24, of Ellicott Street, Batavia, is charged with harassment, 2nd. Burnett was arrested on a warrant during a traffic stop. He posted $300 bail and was released.

Russell L. Cocilovo, 44, of East Main Street, Batavia, is charged with criminally possessing a hypodermic instrument and driving a motor vehicle with an obstructed view. Cocilovo was stopped at 10:25 a.m. Wednesday on Bank Street by Officer Frank Klimjack.

A 17-year-old was arrested on a bench warrant for alleged failure to appear on a disorderly conduct charge. The youth was found at a local hotel and taken into custody. He posted $300 bail and was released.

Chad A. Bernard, 37, of Ross Street, Batavia, is charged with harassment, 1st, and endangering the welfare of a child. Bernard was allegedly involved in a domestic incident at 11:40 a.m. Saturday on Ross Street. Bernard was jailed on $2,500 bail.

Andrew C. Webster, 21, of Gillate Road, Alexander, is charged with petit larceny. Webster is accused of shoplifting from Tops Market.

Michael R. Marchese, 24, of Park Avenue, Batavia, was arrested for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Marchese was located at his residence. He posted $500 bail and was released.

The young man reportedly behind the wheel of a pickup truck that took out a utility pole on Law Street early this morning, causing a power outage in the area, was charged with DWI.

Joseph P. Pratt, 20, of 70 Church St., Le Roy, and a passenger were transported to an area hospital and treated for non-life-threatening injuries.

According to police, Pratt failed to negotiate a curve on Law Street in the area of 2 Law St., Batavia.

The 2010 Chevy Silverado hit the pole, which snapped in half.

Pratt was charged with DWI, speed unreasonable and prudent and refusal to take pre-screen breath test. Additional charges are pending. 

Power was restored to the area about 10:30 a.m.

(Initial Report)

UPDATE 8:40 p.m.: Photo added. National Grid crews are still on scene completing repairs to the broken pole.

A 17-year-old has been charged with three felonies after being observed allegedly selling narcotics on school grounds in Alexander.

Nicholas David Frayne, of Chick Road, Darien, is charged with criminal sale of a controlled substance on school grounds, criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of controlled substance as a Class A misdemeanor. 

The alleged sale was reported at 9 a.m. Tuesday at Alexander Central School.

Officials did not say who observed the alleged sale.

The case was investigated by Deputy Patrick Reeves and Sgt. Greg Walker.

Frayne was arraigned in Town of Alexander Court and released under supervision of Genesee Justice.

Stephen J. Turkasz, 24, of East Main Street, Batavia, is charged with criminal contempt, 2nd. Turkasz is accused of posting photos of people who are the subject of a protective order on a social media Web site, in alleged violation of the order of protection.

Malcolm A. Kea, 27, Porter Avenue, Batavia, was arrested on a warrant related to a charge of operating while registration suspended or revoked. Kea was arrested at his residence for alleged failure to appear.

Curt Thomas Randall, 27, of Swamp Road, Bergen, is charged with unlawful possession of marijuana. Randall was stopped for an alleged traffic violation at 4:05 p.m. Wednesday on Byron Holley Road, Bryon, by Deputy Joseph Corona.

Benjamin G. Evans, 26, of Batavia, is charged with petit larceny. Evans is accused of stealing from Tops Market, Batavia. Evans was arrested by State Police.

After first providing her alcohol in April, a Batavia man allegedly subjected a 16-year-old girl to unwanted sexual contact according to state troopers in Warsaw.

Charged with sexual abuse, 1st, criminal sexual act, 3rd, and unlawful dealing with a child is 24-year-old Preston Matthew Ruble.

Ruble allegedly served alcohol to two teenage girls, one 16 and the other 17, on the night of April 12 and 13, then sexually abused the younger girl.

Ruble was arraigned in Village of Warsw court and jailed in Wyoming County on $20,000 bail or $40,000 bond.

An attorney representing Scott F. Doll has filed a motion to vacate the former Corfu resident's 2010 murder conviction on the grounds that Doll's rights were violated the night of his arrest and his trial counsel's failure to raise the issue of specific rights being violated constituted inadequate representation.

Timothy Murphy is also asking for DNA testing on fingernail scrapings from the victim, Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business.

Murphy argues in a 22-page motion that there was no probable cause to detain Doll for more than three hours the night of the murder and then later transport him to the Sheriff's Office for further questioning.

Doll previously lost an appeal over the police interrogation, despite the fact he was never read his Miranda warnings, under a legal theory known as the "emergency doctrine," which allows police questioning if they believe a person's life may be in danger.

The night of Feb. 19, 2009, emergency dispatchers received a call about a suspicious condition on North Lake Road, Pembroke. 

Deputy James Diehl responded to the scene and located Doll walking on North Lake Road in overalls and carrying a tire jack in one hand.  

When Diehl approached, he noticed that Doll's overalls were covered in blood.

At one point, Doll claimed it was blood from a deer he had recently butchered.

At the time, there was no missing person report on Benaquist and his body wouldn't be found for another four and a half hours.

In arguing for the emergency doctrine exception for questioning Doll on North Lake Road and later at the Sheriff's Office, the prosecution contended that deputies and investigators found the blood suspicious and Doll's inconsistent statements troubling.

They suspected a crime had been committed and that perhaps a victim was still alive and in need of assistance, thereby justifying trying to get information out of Doll that might lead them to a victim.

Murphy argues that in rejecting Doll's appeal on those grounds, the Appeals Court found that there was no probable cause for taking Doll into custody and then transporting Doll to the Sheriff's Office.

There is prior case law that prohibits both actions without probable cause, according to Murphy's motion.

Detaining Doll for three hours at the scene exceeds the police's authority to "stop and frisk" a person under suspicious circumstances, Murphy argues.

The failure of Doll's defense counsel, led by nationally renowned defense attorney Paul Cambria, and assisted by Daniel Killelea, to object during the trial stage to the custody and transport of Doll constitutes a procedural error that compromised Doll's right to a fair trial.

Assistant District Attorney Will Zickl has written a response, but it has not yet been filed with the court, so it's not yet a public document. 

A hearing on the motion was scheduled for this morning, but was postponed to March 10 to give Murphy more time to read and respond to Zickl's answer.

For previous coverage of Scott Doll, click here.

Jessica Lynn McGowan, 29, of Attridge Road, Churchville, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, and unlicensed operator. McGowan was arrested following an investigation by Deputy Bradley Mazur into a situation on Route 19, Le Roy, at 9:44 a.m. Sunday. She was jailed on $500 bail.

Dana M. Faiello, 32, of East Avenue, Hemlock, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. Faiello was taken into custody by State Police in Geneseo and turned over to Batavia PD. She paid $100 bail and was released.

James A. Chase, 35, no residence, Batavia, is charged with violation of sex offender registry. Chase was the subject of a warrant and following pubication of his status as a wanted person Friday, Chase turned himself in at Batavia PD headquarters. He was jailed without bail.

Stephen S. Bogle, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bogle was arrested after police responded to the parking lot of the Richmond Memorial Library to check on a reported suspicious vehicle.

Kevin Charles Greene, 60, of West Main Street, Batavia, is charged with petit larceny. Greene allegedly stole $37.42 in merchandise from Walmart.

Pierre A. McMullen, 32, of Buffalo, Christopher A. McCullen, 43, of Buffalo, and Craig A. Elston, 30, of Buffalo, are all charged with criminal possession of stolen property, 4th. The three were arrested in an ongoing investigation into an incident reported at 11:55 a.m., Jan. 25. The investigation is being conducted by State Police. All three were held on cash bail. No further details released.

Robert P. Nowak, 57, of Pembroke, is charged with menacing, 2nd, criminal possession of a weapon, 4th, and making a terrorist threat. The alleged incident was reported at 3:30 a.m., Saturday. The case is being handled by State Police. No further information released.