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Feds take over case involving North Carolina man found in Le Roy with AR-15

By Howard B. Owens

Federal prosecutors have an interest in a North Carolina man who was arrested March 19 in Le Roy after allegedly being found in possession of an AR-15 rifle in violation of the SAFE Act.

Michael Alan Jones, 24, of Raleigh, has been charged in U.S. District Court in Western New York with possession of a firearm and ammunition as a convicted felon, and has reportedly reached a plea deal with federal prosecutors.

The FBI's interest in Jones may have more to do with his alleged participation in the Jan. 6 attempted insurrection in Washington, D.C.

The online news site RAW Story links Jones to two extremist groups, the Proud Boys and Patriot Front, and places Jones in the Capitol on Jan. 6.

At 4:36 p.m. March 19, deputies Kenneth Quackenbush and Nicholas Charmoun stopped a gray Nissan Sentra driven by Jones for an alleged traffic violation. Upon approaching the vehicle, the deputies 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. 

When asked about the ammunition, according to the affidavit, both Jones and PK claimed ownership.  

Jones later said he owned everything in the vehicle except the backpack, and that the ammunition was "someone else's."

The agent wrote, "GSCO deputies asked JONES if there was a firearm inside the vehicle. JONES responded, 'There shouldn't be.'"

Deputies determined that the plate on the vehicle didn't match the vehicle, and the plate was removed from the vehicle and the vehicle was towed from the scene.

A subsequent inventory search uncovered, according to the report, military surplus gear, Beofang handheld radios, additional knives, and the "Army Tactical Combat Casualty Care Handbook."

Deputies also located in the trunk a Palmetto State Armory AR-15 rifle, bearing serial number 5CD729076, and a 30-round Magpul PMAG magazine was found in the trunk of the vehicle.

The agent says that Jones told deputies that he purchased the firearm a "long time ago," but never fired it. He allegedly said he brought the rifle from North Carolina to New York.

The agent said that on April 19, the FBI interviewed a person in North Carolina who had worked with Jones at a Cracker Barrel in Mebane, N.C., and that this former co-worker, HN in the report, said initially that he didn't recognize the rifle but that he had purchased it for Jones. He said he purchased it through the Palmetto State Armory website and used PayPal to complete the purchase.

The rifle violated the state's SAFE Act because the rifle was equipped with a flash hider, capable of accepting a removable magazine without a pinned magazine release, and was equipped with a telescopic stock. 

Jones' prior felony conviction in North Carolina, referred to in the Federal charging documents as "a crime against nature," involves Jones, at 18 and 19, having sex with minors, aged 14 and 15. He was arrested on charges.

According to sources, Jones has no known ties to Genesee County. It's unknown why Jones and PK, who is from the Finger Lakes region, were in Genesee County when deputies spotted the Sentra reportedly making an illegal turn in the area of Route 33 in Le Roy.

Locally, Jones was initially charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, and driving an unregistered vehicle on a highway. 

Jones, according to the arrest report, served in the U.S. Army.  The report states he wasn't employed at the time of his arrest and his highest education level was high school.

District Attorney Kevin Finnell said the local case was dropped after Jones was charged Federally because of a defendant's Constitutional protection against double jeopardy. 

Sheriff William Sheron praised the effort of Quackenbush and Charmoun in apprehending Jones.  

"This was another example of good police work," Sheron said. "Looking beyond the traffic ticket."

Defendant in child sex abuse case considering plea offer that could mean life in prison

By Howard B. Owens
Wesley Thigpen

A man already in prison for child sex abuse will have more time to consider a plea offer on the latest charge he's facing following a court appearance in Genesee County on Monday.

Wesley G. Thigpen is being given time to consider an offer of a guilty plea to predatory sexual assault against a child, a Class A-II felony, with a sentence of 10 years to life.

A month ago, County Court Judge Melissa Lightcap Cianfrini rejected a previous guilty plea, entered by Thigpen in May, which would have capped Thigpen's sentence at 13 years.  Members of local law enforcement and the victim's family objected to that prior plea deal.

After reading the Probation Department's pre-sentence investigation report, and considering the letters she received, Cianfrini said the agreed-upon terms of the plea deal were "woefully inadequate."

Thigpen is already in prison on a guilty plea in September 2019. That plea to child sex abuse capped his prison term at four years.

On Monday, he asked for a new attorney, a motion that Cianfrini denied.

He is scheduled to appear in court again at 3:30 p.m. Oct. 24.

 

 

 

Batavia man charged with criminal possession of a weapon after report of shots fired on Ellicott Street

By Howard B. Owens

Tarrence Williams

UPDATED at 3:43 p.m. with a quote from the police chief.

Batavia police officers have arrested a suspect in a shots-fired incident reported in the area of 200 Ellicott St. on Friday evening.

Tarrence Y. Williams, 22, of Batavia, has been charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor.

He was arraigned in City Court and jailed on $50,000 bail.

There has been no report of anybody injured as a result of gunshots in the area.

Chief Shawn Heubusch praised the actions of his officers.

"Officers responded quickly to this incident and were able to almost immediately identify a suspect," Heubusch said. "Working in conjunction with our partner agencies, the officers were able to bring a swift resolution to this incident and keep our community safe.  They are commended for their brave actions in the face of what was a very dangerous situation."

The incident began with a report of gunshots at about 6 p.m.  Witnesses reported seeing a male walking nervously with what appeared to be a gun on his person.

A man matching the description provided was spotted by Sgt. Dan Coffey walking on the Ellicott Trail a short distance from the incident location. When Coffey attempted to stop the individual for an interview, the man fled on foot and Coffey chased him from Evans Street to Court Street.

In the Court Street parking lot, the man discarded identifiable clothing and officers believed he discarded a firearm in the area.

Additional officers responded, including deputies and a trooper.

Williams was located and taken into custody and then officers, with the assistance of Batavia firefighters, searched the area, including the roofs of nearby buildings.

A short time later, a weapon was located under a bush next to the walkway between the Key Bank drive-thru ATM and the M&T Bank branch.

Williams recently entered a guilty plea in County Court to a charge of attempted criminal possession of a controlled substance 3rd -- a charge that indicates prosecutors believe he possessed enough of a controlled substance that he intended to sell it.  He is awaiting sentencing on that conviction.

Anyone with information about this incident is asked to contact Detective Ivison at (585) 345-6312 or email JIvison@batavianewyork.com.

Previously: Man runs from police, gun found, and officers are seeking details about incident on Court Street

Top photo by Howard Owens.

Judge gives Tonawanda resident a chance to put his past behind him

By Howard B. Owens
isaacabrams2022.jpg

Not too many criminal defendants have good things to say about the prosecutors who came down on them hard and recommended they be locked away for as long as possible. 

Isaac D. Abrams has only good things to say about Melissa Lightcap Cianfrini.

"She isn't God but she's right up next to him," Abrams said Thursday from inside a smokeshop he's opening on the Tonawanda Indian Reservation. "She's up there. She's a force to be reckoned with. Don't (expletive) with her."

Cianfrini was the first assistant district attorney in early 2018 when Abrams was sent to prison as a 17-year-old for one-and-a-third to four years for making terroristic threats. That conviction has now been expunged, but Abrams had a track record at the time, as Cianfrini noted back then, that indicated he was a young man out of control.

In arguing against any kind of leniency for Abrams, Cianfrini told then County Court Judge Charles Zambito that Abrams had engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," said Cianfrini, who is now the County Court judge. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Abrams said he has no bitterness toward Cianfrini.  She was doing her job, and in doing her job, she put him in a position that forced him to look at the world differently.

"What she put me through," he said, "I honestly feel that if I hadn't gone through that, I would still be a bad little shit just like everybody else. I had an eye-opener. She gave me an eye-opener."

And life in prison isn't something he wants to repeat.

"I went through horrible experiences," Abrams said. "I have scars on my eyebrows now that are permanent. I have stab wounds on my back and on my shoulders. I went from prison to prison. It was a horrible, horrible experience."

Not that getting his life straightened out has been easy for Abrams.  He's had setbacks. He's made mistakes. He's had people set up roadblocks. But he says he's determined to be a successful businessman, to become wealthy, and at age 22, to be an example for younger kids on the Tonawanda Indian Reservation that success is possible and you can overcome life's errors.

He was in court on Wednesday, standing before Cianfrini on an attempted burglary conviction, prepared for the worst because of one of the mistakes he's made while on his path toward redemption (he carried to court a plastic grocery bag filled with toiletries and personal items in case he was sent back to prison).

The possibility of going back to prison
In August, Abrams admitted to attempted burglary in the second degree. The incident involved Abrams entering the residence of a man identified as his mother's boyfriend on Dec. 29 after the boyfriend reportedly abused her.

First Assistant District Attorney Joseph Robinson, on Wednesday, was just as certain as Cianfrini was in 2018, that Abrams deserved no leniency in sentencing.

The 2018 felony conviction was off limits for Robinson to cite since the record is sealed, but Robinson had plenty of material to draw from to try and make the case that Abrams deserved prison time.  He said Abrams has a history of misconduct going back to high school, that he had violated terms of a conditional discharge on another conviction, and that he had faced a criminal contempt charge in Erie County.

"Mr. Abrams is not a good fit for a community-based, probationary sentence," Robinson told Cianfrini. "He enters the house of another person and then strikes the victim and claims it was in defense of his mother because of prior abuse. He took the action of judge, jury and executioner. That is not the way society works."

Robinson recommended four years in prison (the statutory range on the conviction is 2-7 years) and three years post-release supervision (parole).

Defense Attorney Fred Rarick offered a very different take on his client's prospects for complying with the terms of a probationary sentence. He noted that Abrams has been in full compliance with the terms of his release-under-supervision contract while awaiting sentencing, that his client had been diagnosed with mental health issues that had never been treated, and that his client understands that he mishandled the situation in December that led to his arrest.

Rarick said his client's relationship with his father is non-existent, and when mental health treatment was recommended for Abrams as a teenager, his mother decided the trip to counseling was too far to drive, so Abrams never got the help he needed.

He said Abrams had previously witnessed his mother being abused and on the night of this incident, his mother, instead of calling the police, called her son to say she had been abused. Rarick suggested that she knew her son, who has anger management issues, would take matters into his own hands.

She should have called the police, Rarick said.

But once she called Abrams, the young man should have called police, he said.

Sending Abrams to prison, Rarick said, would disrupt the positive path the young man has been on -- a year ago, he opened a small smoke shop on the reservation and was getting ready to open a second.

When it was his turn to talk, Abrams told Cianfrini, "when I first met you, I didn't really like you. But then I went to prison and I realized you did a lot for me. You changed me. You changed the way I talk. You changed the way I walk." 

He said he wanted to lead the younger generation on the reservation out of trouble.

"I'm a changed man from when you first met me," he said.

He said he felt like he had let her down and that he understood if she was disappointed in him.

"I promise I will never be in a situation like this again," Abrams said.  "If something like this happens again, I'm calling 9-1-1.  I promise."

Call 9-1-1
That promise was put to the test on Thursday night.

On Thursday afternoon, a new pre-built building was delivered to 368 Martin Road in Basom, the site of Abram's new smokeshop and dispensary.

Shortly after he opened the doors for the first time, he met with The Batavian and discussed his future plans.

That night, at about 10:45 p.m., the Alabama Volunteer Fire Department was dispatched to 368 Martin Road.  The Batavian sent a text message to Abrams, who responded that he had already been told of the fire by a family member, was on his way to the shop, and that he had called the police to report the crime.

As he promised Cianfrini, rather than get mad, he called 9-1-1.

The fire burned itself out before fire crews arrived on scene.  The fire was intentionally set, a fire investigator said, at the base of the building by the front door.  It caused some minor heat damage to the metal plates at the base of the door.  A Sheriff's deputy opened a criminal investigation.

Earlier in the day, Abrams said that many people on the reservation encourage him and are happy to see him turning his life around.  Others, he said, want to pull him back down.

When asked why he thought anybody would try to torch his new building, he said, "jealousy."

"This would  be the bad crowd," he said, "like the alcoholics, the drunks, the ones who like to stay out all night."

Rather than prison, an opportunity
Earlier in the day, Abrams was full of enthusiasm for his new business.

With only a few cartons of cigarettes and some jars of marijuana in the new building, Abrams said it was just a start.  He is funding the venture with profits from the Weeping Willow, his first smokeshop on Purdy Road.  

On his small plot of land, Abrams cleared trees and put down gravel.  As a reporter looked on, the excited young man paced off his expansion plans -- where the handicap-accessible ramp will go, leading to double doors and windows, and shelves filled with product.  Abrams sees it all in his mind.

"My dreams are progressing every day as every day I’m one step farther into becoming a new man, a man in new business and a man of new character," Abrams said. "My dreams and goals for the shop are just to succeed in an all-around aspect so I can help my customers, friends, and family succeed around me, too. I really would like for the business to succeed. It took a lot of community members to get this far, and a lot of trust, so there’s no going back now all I can say now is 'Hi. My name is Isaac Abrams. How may I help you and be at your service.'"

The fire, he said later, was a momentary setback, but just financially, not "mentally or spiritually, and tomorrow is a new day with lots of potential."

Abrams is getting the chance to pursue his dreams because the person who took a dim view of the young man's future in 2018 is now persuaded that he deserves a shot at building something better for himself.

On Wednesday, after Robinson, Rarick, and Abrams all spoke, Judge Cianfrini said she needed a few minutes to research something and adjourned the court.

When she returned from chambers, she asked Abrams whether, if given the opportunity to go through Mental Health Court -- which would mean no prison time if he successfully completes the program -- would he commit himself to follow through and do what he needed to do.

A beaming Abrams said he would. He turned around so he was speaking to the whole court and said, "if anybody was here and saw me here before, I'm a changed man.  I promise you I'm not the same person you saw here before."

Cianfrini explained that Abrams will be screened for Mental Health Court to ensure he's a good candidate for the program, and once the screening is done, she can place him in the program.

Embracing what Abrams said about being an example to younger people on the reservation, she told him he had a chance to show a younger generation that the justice system is a place to "get help and rehabilitation and that it's not just for punishment."

Robinson told Cianfrini that he wanted to place on the record his objection to giving Abrams an opportunity to go to Mental Health Court.

Inside his new shop on Thursday, Abrams was nothing but grateful to Cianfrini.

"She honestly changed my life around.  I thank her for helping me. She did a lot.  Honestly, I wouldn't be here in these shoes.  I wouldn't be free today," he said. "I wouldn't be thinking clearly. I would have done none of that. I would have nothing.  I'd probably still be that broken little shit."

Photos by Howard Owens. Top photo, Isaac Abrams outside his new smokeshop.  Inset photo, file photo of Melissa Cianfrini in 2018 at a press conference on an unrelated case.

Man runs from police, gun found, and officers are seeking details about incident on Court Street

By Howard B. Owens

The police have the gun.  They have a man in custody who was located in the area of the gun. 

He's a man who apparently ran from Sgt. Dan Coffey on Evans Street to Court Street after Coffey and other officers responded to a report of shots fired.

Everything else is a mystery.

"We got the gun. We've got the guy. Now we've got to work backward," Coffey said Friday evening while on Court Street.

As for the report of shots fired, Coffey said there is no specific location associated with the shots based on reports received by police.

It's unclear at this early stage of the investigation, Coffey said, if the man taken into custody will be charged with any crime.  The police are still gathering evidence.

Coffey chased the man from Evans to Court, where he was tackled and taken into custody.  Additional officers arrived on scene, including deputies and troopers, and they commenced a search of the area to try and locate a gun that may have been on the man.  

City Fire was requested to assist with ladders so that police officers could climb onto nearby rooftops to look for a possible gun.

An object believed to be a gun was located under a bush between the Key Bank ATM drive-thu and M&T Bank.  The object was left in place while officers waited for detectives to arrive on the scene.

Coffey said more information will be released when it is available.

Photos by Howard Owens

Batavia PD investigating early morning robbery at McDonald's on East Main

By Press Release

Press Release:

The Batavia Police Department is investigating a robbery at McDonald's, located at 573 East Main St., which occurred at approximately 5:36 a.m.

A white male, wearing a gray hooded sweatshirt and a mask, walked up to the drive-through window and demanded money.

The suspect stole the cash drawer from the register and fled the scene. The suspect was last seen on foot, running westbound behind 555 East Main St.

No one was injured and the suspect got away with an undetermined amount of money.

Anyone with information is asked to contact Detective Matthew Wojtaszczyk at 585-345-6357, the Batavia Police Department's confidential tip line at 585-345-6370.

Due to the ongoing investigation, no further details will be released.

Man convicted of criminal sexual act with a teenager sent to prison for five years

By Howard B. Owens

Alone one night in a car in the Target parking lot with a teenage girl, Shawn D. Myers made a decision that he and the girl will have to deal with for the rest of their lives, Judge Melissa Lightcap Cianfrini told Myers before sentencing him to five years in prison this afternoon.

In July, a jury convicted Myers of first-degree criminal sexual act, a Class B violent felony.  

By all accounts in Court this afternoon, except for that one decision, the Byron resident had led a pretty exemplary life up to that point -- a volunteer in his community, including a volunteer firefighter.

On Jan. 28, 2021, Myers forced the girl to have sex with him, the jury said.

His attorney, Jeremy Schwartz, argued that the evidence in the case, despite the jury's verdict, didn't really support the assertion of forcible compulsion, though Myers, now 21, admitted that he had sex with a person less than 17 years of age.

First Assistant District Attorney Joseph Robinson said the victim suffered physical injury as a result of what Myers did and is still dealing with the emotional fallout of the sexual abuse. 

More than two dozen community and family members attended the hearing in support of Myers.  

The victim and her mother were also at the hearing.

In his statement, Myers said he knew he made a mistake but expressed concern about being sent to prison because he is being treated for PTSD, anxiety, and depression, and during his time in the criminal justice system, he and his attorney said, he's already suffered one disruption to his medication regime. 

Cianfrini, who could have sentenced Myers to up to 25 years in prison, said that she would note in documents that will go with Myers to the Department of Corrections, that Myers has prescription medication he must take.

She encouraged Myers to use his time in prison to learn that he can't force people to do things against their will and to learn a trade.

Myers said during his statement that he loved being a volunteer firefighter and regretted that he had ruined his firefighting career by his decision.  He promised Cianfrini that never again will he make a mistake that lands him back in jail.

Sentencing of Devon Wright delayed so new attorney can become familiar with the case

By Howard B. Owens
Devon Wright

A Batavia man who disappeared for seven months after being released from custody following a weapons conviction had his scheduled sentencing delayed for three weeks today so his new attorney can get up to speed on his case.

Nathan Pace, who is now assigned council for Devon Wright, asked for an adjournment.  

County Court Judge Melissa Lightcap Cianfrini granted the request. The new sentencing time and date is 3 p.m. Oct. 18.

Wright was a co-defendant in November in a case involving a gun deal gone bad at the Days Inn six months earlier when he entered a surprise guilty plea to counts of attempted criminal possession of a weapon 2nd, and attempted criminal possession of a weapon 3rd. He also entered guilty pleas to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.

The pleas satisfied charges from multiple arrests over the previous 12 months and came with a 10-year sentence cap. When he failed to appear for his initial sentencing date and became a wanted man, he jeopardized his sentencing cap.

Wright was located in Lockport in July and has been held in the Genesee County Jail since his arrest. 

In the November trial Wright's co-defendant, Jacob Sponaugle, was found guilty by the jury of:

  • Attempted Murder 2nd, a Class B violent felony
  • Assault in the first degree, a Class B violent felony
  • Criminal possession of a weapon in the second degree, a Class C violent felony
  • Aggravated criminal possession of a weapon, a Class C violent felony
  • Criminal possession of a weapon in the third degree, a Class D felony
  • Criminal using a firearm in the first degree, a Class B violent felony
  • Criminal using a firearm in the first degree, a Class B violent felony

Sponaugle was sentenced in December to 15 years in prison.

Law and Order: Babysitter accused of sexual conduct with child

By Howard B. Owens
Ronald Washburn

Ronald M. Washburn, 62, of Stafford, is charged with Course of Sexual Conduct Against a Child Less than 13, 2nd. Washburn is accused of having sexual conduct with a child on two or more occasions while babysitting the child in the City of Batavia between July 2008 and July 2012. The case was investigated by Det. Jason Ivison. Washburn was arraigned in City Court and released under supervision.

Samantha M. Kent, 29 of Le Roy, is charged with aggravated unlicensed operation 3rd, following too closely, failure to stop for a school bus, and driving while ability impaired by drugs. Kent was reportedly the driver involved in a school bus accident on Sept. 13 at 6:59 a.m. on Ellicott Street, Batavia. She was arraigned in City Court and released on her own recognizance.

Kevin D. Wolff, 51, of Sweetland Road, Stafford, and Cherie L. Bender, 52, of Sweetland Road, Stafford, are both charged with two counts of endangering the welfare of a child. Deputies responded to a call of a disturbance on Aug. 25 and as a result of an investigation Wolff and Bender were arrested on Sept. 22.  Both were released on appearance tickets.

Jessica B. Eschenlauer, 33, of Batavia, is charged with criminal contempt 1st, assault 3rd, and unlawful imprisonment 2nd. Eschenlauer is accused of violating an order of protection and punching another person during a disturbance reported on  Sept. 16 at 10:30 a.m. at a location on Eleanor Place, Batavia. She was arraigned in City Court and ordered to return at a later date.

George J. Horner, 33, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Horner is accused of entering a residence on Bank Street on Sept. 21 at 7:10 a.m. in violation of an order of protection. Horner was arraigned in City Court and ordered jailed on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of stealing property from a business on Oak Street, Batavia, on Sept. 11 at 11:11 p.m. Taylor was arraigned in City Court and ordered held pending his next court appearance. 

Albert G. Platton, 76, of Batavia, is charged with forcible touching. Platton is accused of touching a staff member of a facility on Richmond Avenue, Batavia, in a sexual manner.  He was issued an appearance ticket.

Nancy E. Chatt, 77, of Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and leaving the scene of a property damage accident. Chatt was allegedly driving a vehicle that struck a utility pole on Jackson Street on Sept. 18 at 8:52 p.m. She was arraigned in City Court and released on her own recognizance.

Brittanee J. Hooten, 33, of Batavia, is charged with petit larceny. Hooten is accused of shoplifting from a business in the City of Batavia on Sept. 17 at 11:30 a.m. She was issued an appearance ticket.

Rachel S. Wright, 18, of Batavia, is charged with harassment 2nd and criminal trespass 2nd. Wright is accused of trying to fight with another person on Sept. 18 at 4:54 p.m. at a location on North Street, Batavia. She was issued an appearance ticket.

Christine M. Caplis, 42, of Batavia, was arrested on a bench warrant on Sept. 18 at 12:30 p.m. She was released with an order to appear in City Court on Sept. 22.

Shyanna M. Williams, 19, of Hamburg is charged with aggravated harassment 2nd. Williams was arrested on a warrant based on a complaint filed on May 6. She was arraigned in City Court and released on her own recognizance. 

Amanda L. Huber, 40, of Batavia, is charged with failure to appear. Huber was arrested on a warrant following a police investigation into an incident on West Main Street, Batavia. She was issued an appearance ticket ordering her to appear on Sept. 15.

Jamie S. Schlonski, 50, of Batavia, is charged with petit larceny. Schlonski was arrested by State Police in connection with an incident reported at 5 p.m. Sept. 22, in the Town of Batavia. Schlonksi was released on an appearance ticket. No further information was released.

Grand Jury Report: Batavia man indicted in Elm Street shooting

By Howard B. Owens
Jeremy Ives

Jeremy G. Ives is indicted on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day. Previously: Arrest made in Elm Street shooting

Iverson M. Davis is indicted on counts of grand larceny in the third degree, a Class D felony, and eight counts of criminal possession of a forged instrument in the second degree, a Class D felony. Davis is accused of stealing property with a value in excess of $3,000 between March 25 and March 28 at Batavia Downs in the Town of Batavia. He is accused of possessing forged Western Union Money Orders.

Elayasia A. Mendez is indicted on counts of aggravated unlicensed operation in the first degree, DWI, forgery in the second degree, falsifying business records in the first degree, and criminal impersonation in the second degree. Mendez is accused of driving a 2014 Chrysler on Clinton Street Road, Stafford, on June 11 on a suspended license while under the influence of alcohol or drugs. She is accused of signing the name "Jada Quinones" on a fingerprint card in an attempt to conceal her true identity. 

Alicia K. Urban is indicted on two counts of aggravated driving while ability impaired by drugs, a Class E felony, and two counts of endangering the welfare of a child, a Class A misdemeanor. Urban is accused of driving impaired on March 29 on East Main Street, Town of Batavia, while two children were in the vehicle.

Amanda B. Hopkins is indicted on two counts of aggravated DWI, a Class E felony,  and one count of endangering the welfare of a child a Class A misdemeanor. Hopkins is accused of driving drunk, with a BAC of .08 or greater, with a child in the car, on Route 63 in the Town of Pavilion on Jan. 21.

Garlyn M. Gause is indicted on counts of criminal possession of a controlled substance in the third degree, a Class B felony, two counts of tampering with physical evidence, a Class E felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Gause is accused of possessing cocaine on April 24 in the City of Batavia with the intent to sell it. On that same date, he is accused of preventing the use of evidence by concealment, alteration, destruction or by employing force, intimidation or deception. On the same date, is also accused of being in possession of a controlled substance. 

Trevor T. Cooke is indicted on counts of driving while ability impaired by drugs, a Class E felony, and aggravated unlicensed operation of a motor vehicle in the first degree. Cooke is accused of driving a 2006 Chevrolet on April 2 on Bloomingdale Road in the Town of Alabama while his ability was impaired by drugs.

 

Law and Order: Batavia man accused of menacing in Bethany held awaiting extradition to Nevada

By Howard B. Owens

Bradley R. Jordan, 29, of Liberty Street, Batavia, is charged with menacing 3rd.  Jordan is accused of threatening a person on Silver Road in the Town of Bethany on Sept. at 6:58 p.m.  Jordan was located by deputies Andrew Mullen and James Stack along with K-9 Frankie and arrested.  He was arraigned in Town of Bethany Court and on that charged released on his own recognizance but held in the Genesee County Jail pending extradition to Clark County, Nevada. No information was released on the charge Jordan faces in Nevada.

Julian Willard Mills, 24, of Hartford Road, Lansing, Mich., is charged with criminal possession of a firearm. During an investigation of a reported suspicious condition on Alleghany Road, Pembroke on Sept. 19 at 11:35 a.m., Mills was allegedly found in possession of a loaded handgun. Mills was released on an appearance ticket.

Nia M. Coppini, 23, of Prestige Xing, Batavia, Jordan P. Kuczyuski, 24, of Bacon Street, Le Roy, Nathan D. Clark, 25, of Central Avenue, Batavia, and Dakota White, 24, of South Lake Avenue, Bergen, are charged with trespass. Coppini, Kuczyuski, Clark, and White are accused of being in the Byron Swamps after dark in violation of posted signs. They were released on appearance tickets.

Woman facing charges after dog ingested narcotics says 'real case' will come out

By Howard B. Owens

It was a short court appearance today for Cassandra Elmore, a Batavia woman facing three counts of injuring an animal in a case involving a dog that overdosed on narcotics.

Following an attorney conference, City Court Judge Thomas Burns announced that there were issues to be resolved in the case that needed to be placed on paper.  He ordered Elmore, who is out of jail on bail after being arrested following a previous failure to appear in court, to return to City Court at 1:30 p.m. Oct. 20.

Burns said he will hear motions in the case at that time.

Outside of court, Elmore volunteered to a reporter, "It will be interesting when you get the real case. You will be embarrassed." 

The 30-year-old Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residences, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Twice since her arrest in July, Elmore failed to make her scheduled appearance in City Court. Once somebody called the court and said Elmore was in the hospital. The second time, somebody who identified himself as an attorney from Pennsylvania indicated he was representing her.

Assistant Public Defender Jamie Welch is representing Elmore.

While Elmore remains free on bail as her legal case continues through the judicial process, Oddey remains confined at the Genesee County Animal Shelter.

Top photo: Outside of court, Cassandra Elmore poses for the camera as she walks out of the Courts Facility with her mother. Inside of court, during her proceeding, she blew a kiss at a reporter in the courtroom. Photo by Howard Owens.

Previously:

Warrant issued for man arrested multiple times and fails to appear in City Court

By Howard B. Owens
Andrew Draper

A 43-year-old Batavia man who has been arrested at least six times this year failed to show up in City Court on his criminal matters, and the attorney appointed to represent him said he couldn't locate him.

Attorney Robert Stossel said he tried the former employer of Andrew Draper and several of Draper's family members, and nobody knows where he is.  The attorney also said he has several phone numbers potentially associated with Draper and was unable to contact him.

Stossel said that Draper has made one prior court appearance so he is aware of his obligation to appear in court.

Judge Thomas Burns issued a warrant for Draper's arrest.

In the past year, Draper has been arrested on charges of petit larceny (three times), criminal mischief 4th, DWI, and criminal contempt.

Law and Order: Batavia man accused of fighting with deputies following traffic stop

By Howard B. Owens

Kyle John Stack, 36, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, resisting arrest, obstruction of governmental administration, and aggravated unlicensed operation 3rd. Stack was stopped on Sept. 15 at 6:15 p.m on West Main Street, City of Batavia, by Deputy Kenneth Quackenbush for an alleged traffic infraction. Stack reportedly fled on foot and fought deputies when caught.  He was allegedly found in possession of a controlled substance. Stack was released on an appearance ticket.

(name redacted upon request), 19, of Batavia, is charged with strangulation 2nd, assault 3rd and petit larceny. xxxx is accused of assaulting a person in a parking lot on Cedar Street on Aug. 29 at 6:26 p.m. xxxxx was arraigned in City Court and ordered to return at 1 p.m. Sept. 14.

  Amber Turner xxxx

Amber L. Turner, 29, of Batavia, is charged with burglary 3rd and petit larceny, and in separate incidents, charged with two counts each of criminal possession of a forged instrument 2nd and petit larceny. Turner is accused of entering a business on Pearl Street, Batavia, on Aug. 23 at midnight with the intention of stealing from the location.  Turner is also accused of giving a person a forged check on Aug. 13 at 10 a.m. at a location on Pearl Street in exchange for money.  She is accused of presenting a forged check in exchange for money on Aug. 14 at 1:44 p.m. at a location on South Main Street, Batavia.

Timmy J. Frazier, 65, no permanent address, is charged with harassment 2nd, trespass and resisting arrest. Frazier is accused of trespassing at a local business on Sept. 10 at 12:18 a.m. When officers attempted to arrest him, he allegedly resisted and attempted to strike an officer.  He was issued an appearance ticket.

Thomas Michael Tacito, 62, of West Main Street, Batavia, is charged with criminal mischief 4th.  Tacito is accused of throwing a rock through a window On Sept. 14 at 1:45 a.m. at a location on West Main Street Road, Batavia. He was ordered to appear in Batavia Town Court on Sept. 27.

Anthony D. Rossi, 42, of Alfonso Drive, Greece, is charged with burglary 3rd and criminal possession of a controlled substance 7th. Rossi is accused of entering a shed attached to a residence on Oak Orchard Road, Elba, on Sept. 14 at 4:27 p.m. with the intent to commit a crime inside the structure. He was allegedly found in possession of crack cocaine at the time of his arrest. He was processed at the Genesee County Jail, arraigned in Town of Batavia Court, and ordered to return to Elba Town Court on Sept. 27.

Calvin Paul Doctor, 33, of Mitten Lane, Alabama, is charged with two counts of menacing 2nd. Doctor was arrested on a warrant stemming from an incident reported at 11 p.m., Sept. 12.  He was arraigned in Alabama Town Court and released on his own recognizance. 

Carlo Robert D'Angelo, 43, River Road, Pavilion, is charged with criminal possession of a controlled substance 7th. D'Angelo was taken into custody on a Federal arrest warrant and allegedly found in possession of methamphetamine at the time of his arrest on Sept 17 at 11:30 p.m. at a location on Park Road, Batavia.

Matthew S. Williams, 34, of Batavia, is charged with harassment 2nd and resisting arrest. Williams allegedly resisted and fled on Sept. 15 at 10:41 a.m. when Batavia patrol officers attempted to detain him on pending warrants. He was taken into custody after a short foot pursuit. He was turned over to the Genesee County Sheriff's Office on pending warrants. After processing at the jail, he was released and allegedly threw a cup of juice at a Batavia police officer leading the harassment charge. Williams was also arrested by State Police and charged with criminal contempt stemming from an incident reported on March 24 at 2:10 p.m. in the Town of Elba. He was released on his own recognizance on that arrest.

Nicole K. Dell, 36, of Warsaw, is charged with DWI/drugs, aggravated unlicensed operation, and inadequate lights. Dell was stopped on May 23 at 2:09 p.m. by a Batavia patrol officer on Ellicott Street Road, Batavia. She was arrested on Sept 13 and issued an appearance ticket.

Jamie S. Kraft, 37, no residence provided, is charged with obstruction of governmental administration, aggravated harassment and falsely reporting an incident. Kraft is accused of making numerous false reports and threatening phone calls to the Emergency Dispatch Center between Sept. 12 and Sept. 13.  Kraft was released on an appearance ticket.

Dylan J. Wilson, 26, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Wilson was stopped on Sept. 11 at 2:44 a.m. on West Main Street, Batavia, by a Batavia patrol officer.  Wilson was issued an appearance ticket.

Christina L. Holley, 19, of Batavia, is charged with harassment 2nd. Holley is accused of striking another person during an argument on Sept. 10 at 3:28 p.m. at a location on Swan Street, Batavia. Holley was released on an appearance ticket.

Jarrod K. Fotiathis, 27, no permanent address, and Julie R. Richardson, 31, no permanent address, are charged with criminal trespass. Fotiathis and Richardson are accused of trespassing inside an abandoned residence.  They were issued an appearance ticket and released.

Cameron A. Coles, 29, of Batavia, is charged with Criminal Contempt 1st and Harassment 2nd. Coles is accused of threatening another person in violation of an order of protection on Aug. 26 at midnight at a location on Lincoln Avenue. Coles was arraigned in City Court and released under supervision.

Jamie L. Broadbent, 39, no permanent address, is charged with grand larceny 4th. Broadbent is accused of stealing an E-bike on Sept. 8 at 6:45 p.m. at a location on Bank Street, Batavia. She was issued an appearance ticket.

Ericc P. Doleman, 52, of Pembroke, is charged with burglary 3rd and petit larceny. Doleman is accused of entering a business and taking a packet from inside the business on Aug. 22 at 1:09 a.m.  Doleman was arraigned in City Court and ordered to return at a later date.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of entering a business on West Main Street, Batavia on Sept. 12 at 9:43 p.m. and stealing alcohol. He was arraigned in City Court and released.

Aaron T. Hendershot, 26 of Batavia (he is also listed as an Auburn resident), is charged with criminal mischief 3rd, obstructing governmental administration, criminal contempt 2nd, criminal trespass 2nd, and criminal mischief 2nd. Hendershot was arrested three times. He is accused of damaging property during a dispute on Ellsworth Avenue on Sept. 10 at 9:45 p.m. He was arrested again on criminal contempt and trespass changes for an incident reported on Sept. 11 at 7:57 p.m. at a location on Ellsworth Avenue. He is also accused of kicking both rear doors of a patrol car resulting in significant damage on Sept .11 at 8:39 a.m. On the criminal contempt charge, Hendershot was ordered held on bail.

Leonard E. Aguayo, 35, of Rochester, is charged with criminal contempt 2nd. Aguayo was arrested by State Police for an alleged incident reported on Sept. 17 at 6:47 p.m. in the Town of Batavia. Aguayo was issued an appearance ticket. No further details released.

Sugeiry Vazquez, 33, of Rochester, is charged with bail jumping 2nd. The charge is out of the Town of Batavia. He was arrested by State Police on Sept. 17 at 2:30 a.m. in the Town of Cheektowaga and ordered held on bail. No further details released.

Matthew J. Dahl, 30, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Dahl was stopped by State Police on Sept. 14 at 7:44 p.m. in the Town of Alexander. He was released on an appearance ticket.

Citizen alerts police to suspicious activity, two men accused of trying to steal heavy equipment

By Howard B. Owens
Raymond Hardy Chris Monfort

A citizen alerted law enforcement early Friday morning to suspicious activity on a property on Oak Orchard Road, Elba, leading to the arrest of a pair of Rochester-area men on suspicion of attempted grand larceny in the second degree.

Raymond M. Hardy, 41, of Alpine Road, Rochester, and Chris H. Monfort, 50, of Cave Hollow, Henrietta, are accused of trying to steal heavy equipment from the location.

Dispatchers took the call at 7:11 a.m.  The caller stated he didn't believe the people nor their vehicle should have been on the property they were on.

Deputies responded and investigated.

Besides the grand larceny charges, Hardy is also charged with criminal mischief 4th, and criminal possession of stolen property 5th. 

Monfort was ordered held because of two prior felony convictions. Hardy was released on his own recognizance.

The Road Patrol Division and the Criminal Investigation Division of the Sheriff's Office conducted the investigation.

Former Le Roy resident pleads guilty in welfare fraud case

By Press Release

Press release from Department of Social Services:

Kristin Forte, 34, formerly of Le Roy, was sentenced to a 1-year conditional discharge after pleading guilty to one count of Disorderly Conduct in Batavia Town Court on July 26, 2022.

Forte was originally charged with eight counts of  1st degree offering a false instrument for filing, five counts of 2nd-degree forgery and one count of 3rd degree grand larceny after an investigation by the Genesee County Department of Social Services Investigations Unit revealed that she failed to correctly report her income and forged signatures of her employers.  She subsequently received $3,767 in SNAP benefits she was not entitled to.

Forte has made full restitution of $3,767 to the Department of Social Services.  She will also be disqualified from receiving SNAP benefits for one year.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Investigations Unit at (585) 344-2580, ext 6417 or 6541

Dog abuse case postponed after VFA letter received

By Joanne Beck

Cassandra Elmore’s case was set for 1:30 p.m. today, and one thing was fairly certain: she would show since she was recently arrested on a warrant and put in jail. She had failed to show up two times previously.

After several other cases were brought before Judge Thomas Burns Thursday in City Court, Elmore was brought in, handcuffed and wearing a neon yellow jumpsuit with Livingston County Jail stamped on the back.

While waiting for her case to be called, Elmore turned to talk with her mother, Lisa, about posting bail, and made a one-fingered gesture to someone else in the gallery area. She was being represented by Assistant Public Defender Jamie Welch.

Judge Burns said that some correspondence was received from Volunteers For Animals, and it, in essence, asked for a “possible resolution to this case,” given that Oddey, Elmore’s dog that overdosed, has been sitting at the county shelter for more than two months.

Burns proposed adjourning the case for a week and set her next appearance for 1:30 p.m. Sept. 22.

Welch and Assistant District Attorney Jenna Bauer agreed. Burns instructed Elmore that, if she was to make bail, she needed to show up for her court date. 

Elmore has missed two prior court dates after initially asking for more time to hire an attorney. Her original charge was three counts of injuring an animal after her dog was found to have overdosed on some type of narcotics.

She failed to appear in court on Aug. 11 (when a friend reported a call from Elmore in the hospital) and Sept. 8 and was arrested in between, on Aug. 30 after a traffic stop. She was charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation third, uninspected motor vehicle, and insufficient tail lamps.

After not showing in court on Sept. 8, a warrant was issued for her arrest, and Batavia Police Department caught up with her on Sept. 10 after a property dispute at 316 East Main St. called them to the scene. She was arrested on the spot.

In the meantime, while her case has been pending and continues to be postponed due to her being a no-show, Oddey awaits his fate at the shelter. He can’t be put up for adoption while it’s an open case.

Volunteers For Animals member Wendy Castleman said Thursday that the dog is doing well. She couldn't answer any questions pertaining to the correspondence because it's an open case, she said.

Lockout initiated earlier today after threats lifted at Premier Genesee

By Press Release

Press release from Batavia PD:

On 09/14/2022, The Batavia Police Department responded to a call at Premier Genesee Center for Nursing and Rehab located at 278 Bank Street. Staff received several calls from an individual making threats against the facility. The center decided to go into lockout and contacted the police. A lockout is when all exterior doors are locked and no one is allowed in or out. The activities in the business are not restricted, only the entering and exiting of people. Lockouts are specifically used when there is a potential threat outside of the building. The lockout has been lifted as there does not appear to be any imminent threat to the facility. Due to the ongoing investigation, further information will not be released at this time.

Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail

By Howard B. Owens

A property dispute at 316 E. Main St., Batavia, helped Batavia PD locate Cassandra Elmore, a Batavia resident accused of letting her dog overdose on narcotics but has missed court appearances on the case.

She was wanted on an arrest warrant as well as two bench warrants for her failure to appear in court.

She was located on Sept. 10. 

According to Batavia PD, when Elmore was advised of the warrants, she attempted to stop officers from arresting her by closing a door and then actively resisting attempts by officers to place her in handcuffs.

In addition to the pending charges, Elmore is now charged with obstructing governmental administration 2nd

Elmore was arraigned in City Court and jailed on $5,000 bail.

She is scheduled to appear in City Court at 1:30 p.m., Thursday.

Elmore was arrested in July after showing up on emergency visits at veterinarians with her dog, Oddey, showing signs of a drug overdose.  Two of the veterinarians said Oddey consumed cocaine, apparently found on the floor of Elmore's residence, which was then on River Street, and the third said an unspecified narcotic.

Elmore was arrested on three counts of injuring an animal under New York Ag and Markets Law Section 353.

At her first court appearance after her arrest, she asked for time to hire an attorney

She failed to appear in court on Aug. 11 when a friend called the court to say she was in the hospital, a claim that was never substantiated in court.

She next failed to appear on Sept. 8 when a man claiming to be an attorney from Pennsylvania called and said Elmore had been unable to contact her public defender, a claim disputed by the public defender handling her case. 

While Elmore's case is pending, Oddey remains at the Genesee County Animal Shelter, unavailable for adoption. 

Elmore was also arrested on Aug. 30 following a traffic stop and charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps.

See also: OPINION: Due process often neglects animal victims

Four people arrested after caller reports people inside Ken Barrett's in the middle of the night

By Howard B. Owens
Kanyia Coleman Craig Lynch
Nyejay Braction Darnell Cleveland

A passerby spotted people inside Ken Barrett's Chevrolet at 229 West Main St., Batavia, on Monday at 11:50 p.m. and called 9-1-1.

When Batavia patrol officers arrived on scene, four people attempted to flee from the back of the car dealership.  Two people were taken into custody immediately and two others were located near the scene a short time later.

The four suspects, all from Buffalo, are Darnell Cleveland, 26, Kanyia Coleman, 18, Craig Lynch, Jr. 21, and Nyejay Braction, 18.

Cleveland allegedly provided a false name in an attempt to prevent officers from arresting him on several outstanding warrants, including a parole warrant.

Lynch is accused of struggling with officers while being detained. There were no injuries.

Cleveland was charged with burglary 3rd and criminal impersonation 2nd. Lynch was charged with burglary 3rd, obstructing governmental administration 2nd, and resisting arrest. Braction and Coleman were charged with Burglary 3rd.

All four suspects were arraigned in City Court.

In accordance with New York's bail statute, Cleveland and Lynch were released under the supervision of Genesee Justice. Cleveland was then remanded to the Genesee County Jail on his outstanding parole warrant. Braction and Coleman were released under their own recognizance. 

In a statement, Batavia PD says, "The Batavia Police Department would like to thank the observant citizen, the Genesee County Sheriff’s Office, and the New York State Parole for their assistance."

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