crime

Press release:

The Batavia Police Department and other law enforcement agencies throughout the county, have been receiving reports of unlocked vehicles being entered and property being taken. These incidents have occurred over the last several months.

We would like to remind citizens to secure their vehicle’s, and other valuable property, at all times to help prevent these types of larcenies from occurring.

Citizens with information pertaining to these incidents which have occurred in the City of Batavia, are asked to contact the Batavia Police Department at 585-345-6350. Information can also be provided by calling the Batavia Police Confidential Tip Line at 585-345-6370 or by accessing the Batavia Police Department’s Web site and making use of the Suspicious Activity reporting link.

A hit-and-run driver damaged a sign at First Niagara Bank at 2:46 p.m., Sept. 26, and Batavia PD is asking for the public's help in identifying the driver.

The car reportedly sped through the ATM lane at the First Niagara branch on Court Street and struck a bank sign and continued without stopping.

The gold Chevrolet Impala likely sustained damage to the driver-side front fender.  

The driver is described as an older female.

If you have information that may assist in the investigation, contact Officer James DeFreze at (585) 345-6350.

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."

Cordyn C. Mack, 25, of Wood Street, Batavia, is charged with unlawful imprisonment, 2nd, endangering the welfare of a child, and second-degree harassment. On Oct. 8, Mack was involved in a domestic disturbance that was physical with a female who resides with him. Mack allegedly refused to allow the victim to leave the residence with her infant, and then struck the victim in the face with an open hand while she still had her child in her arms. Mack was arraigned in city court and released under supervision of Genesee Justice. The incident was investigated by Batavia Police officer Frank Klimjack, assisted by officer Mitchell Cowen.

Delwin D. Robinson, 33, of Lake Road, Pavilion, was arrested on Oct. 8, 2014 by the Le Roy Police Department and charged with unlawful possession of marijuana. Robinson was a passenger in a vehicle which was stopped for alleged vehicle and traffic violations. After a brief investigation, Robinson was allegedly found in possession of marijuana. Robinson was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on Nov. 17.

Police are investigating break-ins into four local business, though only one business owner reported missing property.

Salvania's Restaurant, on Jackson Street, had its cash register tipped and money was stolen, said Sgt. Det. Todd Crossett.  

There's apparently nothing missing from Anything Your Heart Desired on East Main Street, Golden Coin Laundry, East Main Street, and Sterling Tent, on Pearl Street, Crossett said.

There are few leads in the case at the moment, Crossett said. 

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with criminal possession of a forged instrument, 2nd. Sigl allegedly forged a check Sept. 4 from another person's account and used it to make a purchase at a local retail store for $277.54. Sigl is already incarcerated at the Genesee County Jail  on five counts of criminal possession of a forged instrument was arraigned on the new charge and ordered held on $10,000 cash bail. 

Dylan B. Boykins, 41, of Pringle Avenue, Batavia, is charged with attempted petit larceny. Boykins allegedly tried to steal merchandise from Dollar General.

Justin J. Koepp, 32, of East Main Road, Batavia, is charged with unlawful possession of marijuana. Koepp was charged following an investigation into a reported domestic incident.

Eric John Davis, 36, of Read Road, Corfu, is charged with criminal contempt, 2nd. Davis allegedly violated an order of protection.

Aaron Lee Klein, 43, of Harvester Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. A plain clothes police officer observed Klein allegedly selling marijuana and heroin to another person at 3:09 p.m. Oct. 1 on Dellinger Avenue, Batavia.

James Albert Hancock, 45, of East Main Street, Batavia, is charged with possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana. A plain clothes police officer observed Hancock allegedly make a purchase of marijuana and heroin from another person at 3:09 a.m. Wednesday on Dellinger Avenue, Batavia.

Robert J. Propst, 34, of Maple Street, Batavia, is charged with first-degree robbery, grand larceny 4th, criminal possession of a weapon and menacing, 2nd. Propst is accused of displaying a knife at 10:27 p.m. Aug. 6 while on Pearl Street, Batavia, and demanding the wallet of another person. Propst was jailed without bail.

Christopher Alexander John Davenport, 26, of Bennett Hill Road, Groveland, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and no plate lamp. Davenport was stopped at 1:41 a.m. Saturday on Clinton Street Road, Batavia, by Deputy Joseph Corona.

Shannon Lee Atonetty, 38, of Maple Street, Batavia, is charged with burglary, 2nd. Antonetty allegedly forced his way into a residence in Bethany and stole money and a receipt from a wallet. The homeowners found Atonetty lying on the kitchen floor in an intoxicated condition and detained him until law enforcement arrived. Attonetty was jailed on $25,000 bail.

Johnny Lee Shannon, 56, of Creek Road, Batavia, is charged with menacing, 2nd. Shannon allegedly threatened another person with a knife at his residence at 9:30 p.m. Saturday.

Paul Michael Gelardo, 29, of Fargo Road, Stafford, was arrested on warrants for alleged identify theft, 3rd, and petit larceny. Gelardo was a passenger in a vehicle stopped by Deputy John Baiocco, who recognized Gelardo as a warrant suspect. Gelardo was jailed on $500 bail.

Anthony Gene Stone, 25, of Delmar Road, Rochester, was arrested on a warrant for alleged disorderly conduct. Stone was arrested following his release from Monroe County Jail, where he was held on an unrelated matter. Stone was arraigned in Darien Town Court and jailed on $100 bail.

Alton W. Bethel, 53, of Union Street, Batavia, is charged with criminal mischief, grand larceny, 4th, and endangering the welfare of a child. Bethel was arrested following an investigation into a domestic incident reported at 11:38 p.m. Friday on Bank Street. No further details released.

Katherin A. O'Brien, 21, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, criminal possession of a controlled substance, 7th, and controlled substance not in origianl container. O'Brien was stopped at 12:14 a.m. Sept. 24 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

A 16-year-old resident of Holland Avenue is charged with harassment, 2nd, and disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School and allegedly struck a staff member trying to break up the fight.

A 17-year-old resident of Holland Avenue, Batavia, is charged with disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School.

Reginal C. Sampson Sr., 48, of Webster Avenue, Rochester, is charged with harassment, 2nd. Sampson was charged following a fight with another person reported at 6 p.m. Wednesday at a residence on Hall Street, Batavia. Also charged with harassment, 2nd, was Leonard A. Johnson, 21, of Hall Street, Batavia.

Nathen Edward Donald Brege, 22, of Morrow Road, Pavilion, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the City of Batavia. Brege posted bail and was released.

A 16-year-old from Le Roy is charged with harassment, 2nd. The youth was arrested by State Police related to an incident reported at 3:30 p.m., Friday. No further details released.

Sarah E. Saile is accused of driving while ability impaired by drugs, as a misdemeanor. It is alleged that on Feb. 4 she operated a 1998 Ford with a Florida license plate on Oak Orchard Road in the Town of Batavia while her ability to do so was impaired by drugs. In count two of the indictment, she is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a deadly weapon or dangerous instrument -- a motor vehicle. In count three, Saile is accused of second-degree vehicular assault for allegedly operating a motor vehicle while impaired by drugs and, as a result of this impairment, she operated the vehicle in a manner that caused serious physical injury to a person.

Keanon S. Williams is indicted for the crime of second-degree strangulation, a Class D felony. It is alleged that on Aug. 31 in the City of Batavia, Williams, with the intent to impede normal breathing or blood circulation of another person, applied pressure on the throat or neck of a person. This alleged action caused stupor, loss of consciousness for any period of time, or other physical injury to the person.

Patricia Ann Wheeler, 54, of Overlook Drive, Batavia, is charged with failure to keep right, driving left of pavement markings, and operation of a motor vehicle while impaired by drugs, first offense. At 6:07 Thursday evening, Wheeler was arrested on these charges and it is alleged that she operated a motor vehicle on a public highway while her ability to do so was impaired by drugs. She is to appear in Batavia Town Court on Nov. 20. The case was handled by Sheriff's deputy Joseph Corona.

Rachel Leigh Zepp, 20, of Northfield Gate, Pittsford, is charged with unlawful possession of marijuana, unlawful possession of alcohol by a person under 21, failure to obey a traffic control device, and drinking alcohol in a motor vehicle on a highway. At 12:31 a.m. last night, it is alleged that Zepp was found in possession of these items during a traffic stop, prompted by alleged observed violations of vehicle and traffic laws. She is to appear in Byron Town Court on Oct. 27. The case was handled by Sheriff's deputy Joseph Corona.

Emily Staschak, the runaway 14-year-old from Batavia, has been located safe and sound, according to Batavia PD Det. Richard Schauf.

In an update to the media today, he said tips from the public, who became aware of the missing teen via media coverage, helped locate the girl.

She was found at a relative's home in North Carolina on Thursday night and arrangements have been made to bring her home.

"An investigation into the local harboring of the child and the adults responsible for transporting the child out of NY State is ongoing," Schauf said, "for the crime of endangering the welfare of a child and any federal laws that are applicable."

Anyone with information about these persons is asked to contact Det. Schauf at 585-345-6312.

Brian J. Sprague, 24, of Batavia, is charged with criminal mischief, 3rd. Sprague was arrested by State Police following an investigation. He is accused of breaking off the side mirror and heavily damaging the windshield of a vehicle in the Town of Batavia. Sprague was arrested last week on an attempted arson charge for allegedly trying to start a fire at an East Avenue residence.

Thomas Michael Pillo, 44, of Alexander Road, Batavia, is charged with menacing, 3rd, and harassment, 2nd. Pillo allegedly threatened physical harm to several people. He was jailed on $500 bail.

Nathen Edward Brege, 22, of South Main Street, Batavia, was arrested on a warrant. Brege allegedly failed to appear in Town of Oakfield Court on his scheduled court date. He was jailed on $1,000 cash bail or $3,000 bond.

These indictments were handed down from the Genesee County Grand Jury this week:

Joan A. Gliwski is accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that between August 2013 and January 2014 in the Town of Bergen she knowingly possessed stolen property with the intent to benefit herself or another person other than an owner or to impede the recovery by an owner. Moreover, the value of the property exceeded $3,000. The property was various merchandise stolen from seven retail stores.

Maria A. Gardiner is accused of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that between August 2013 and January 2014 in the Town of Bergen she knowingly possessed stolen property with the intent to benefit herself or another person other than an owner or to impede the recovery by an owner. Moreover, the value of the property exceeded $3,000. The property was various merchandise stolen from seven retail stores.

Brian R. Croakley is accused of driving while intoxicated, a Class E felony. It is alleged that on May 31, 2013, in the Town of Bergen, he operated a 2010 Dodge on Route 19 while in an intoxicated condition. In addition, he is indicted by way of Special Information of having been convicted in the Town of Bergen Court of driving while intoxicated as a misdemeanor on June 16, 2010. This conviction was within 10 years of the crime alleged in the indictment.

A Brockport man who claims he had a shotgun pointed at his head by a local resident testified today that he couldn't get State Police to even consider his side of the story before he was arrested on a charge of criminal mischief.

After the charge against Micheal Crooks was dismissed (under what's called an ACD -- adjudication in contemplation of dismissal), he did what a trooper and attorney labeled "cop shopping." 

Crooks went to the Sheriff's Office and found that Sgt. Ron Meides was willing to listen to his side of the story. As a result, John Robinson, of North Lake Road, Bergen, was arrested by Deputy Matthew Butler and charged with menacing, 2nd.

The attorney for Robinson, Kevin DeCarolis, has requested Justice Donald Kunego dismiss the charge against his client "in the interest of justice."

Kunego held the hearing today as part of the motion process. He will issue a written ruling at a later date.

He's already received written arguments from both DeCarolis and Assistant District Attorney Kevin Finnell on the motion.

The case stems from a confrontation Jan. 13, 2013. Crooks contacted both the State Police and the Sheriff's Office about pursuing charges against Robinson in November 2013. Robinson was arrested in April of this year.

Trooper Eric Daigler, who arrested Crooks based on a complaint by Robinson that Crooks damaged his screen door while trying to get into his house, testified today that he was confused and angry when he learned Butler was about to arrest Robinson.

He said typically, law enforcement officers don't involve themselves in cases that have been handled by other agencies.

He felt the case had been closed in January 2013 with the arrest of Crooks.

"I was dumbfounded," Daigler said. "First and foremost, it's common practice not to take on other agencies cases. We refer to it as 'cop shopping.' It happens. Usually, we are pretty good at stopping people who are just trying to get the right answer. They are looking for the answer they want. That's usually the Sheriff's Office policy."

Daigler said it was his position at the time of the incident that Robinson was doing exactly what he's allowed to do under the law -- protect his property and himself. 

"He didn't conduct himself in a manner that he should be arrested," Daigler said. "He was in his home. He armed himself and he called 9-1-1 and informed dispatchers he had armed himself. He was well within his rights in his own home when a man he never met came to his door and was yelling and screaming."

Daigler consulted with his supervisor, Sgt. Ron Lobur, and other troopers, who all concurred, arrest Crooks, but not Robinson.

Since the arrest of Robinson, Daigler said, everybody he's spoken to in the local law enforcement community, with the exception of Meides, are bothered that Robinson was arrested.

"I've had 10 members of the Sheriff's Office come to me independently and voice their displeasure with the case," Daigler said.

Crooks testified that Daigler never even asked for his version of events before telling him he would be arrested.

Contrary to prior reports, Crooks said he didn't try to hide from troopers before being contacted. He said he didn't even know that in his "assertive" knocking he damaged the door, and to this day, he isn't convinced that he did.

After the confrontation, he said he went to a job site in Brighton -- he's a construction manager -- and then went home and discovered he had a message from Daigler that evening. He immediately returned the call, and when he didn't get a call back after an hour, he called again.

When he spoke to Daigler, Daigler told him to meet him at the Batavia barracks. When he asked why, he said Daigler told him he was going to be arrested on a criminal mischief charge.

At that point, Crooks said, he decided he wouldn't make a statement without an attorney present.

On the advice of his attorney, he didn't pursue charges against Robinson until after the term of his ACD expired (six months).

Crooks was upset, he said, because he believed Robinson was involved in some sort of relationship with is wife.

He said he first became aware of the relationship some time around October of 2012.

He thought it had ended, but on Jan. 12, he said, his wife went to a party with their two daughters, ages 11 and 14.

His wife became drunk at the party, he testified this afternoon, and placed numerous calls to Robinson.

The girls became aware of what was going on and tried to get her to stop. That led to a physical confrontation between mother and daughters, he said.

That was what really upset him, he said, and convinced him he should talk with Robinson about not having further contact with Mrs. Crooks because of the stress it was causing for his daughters.

He testified that he didn't make any verbal threats to Robinson. That the only thing he yelled once he figured out Robinson was in fact at home Jan. 13, 2013, was "come out you coward."

He said after about two minutes, when it was clear Robinson wasn't going to come out, he decided to leave. 

He testified that as he walked down a sidewalk close to the house he caught some movement through a window and turned to look.

"There was Mr. Robinson," Crooks said. "He was holding a shotgun and he rushed right towards the window and screamed absolutely bloody murder that he was going to blow my fucking head off."

He said the barrel was only inches from the window.

"My heart stopped," Crooks said. "I've never looked down the barral of a gun that wasn't removed from a gun that closely in my life. I've been around guns my whole life. I own guns. I've owned guns since I was 19. I'm not afraid to be around guns."

Under questioning by DeCarolis, Crooks admitted that despite this mortal threat, he didn't call police.

When Finnell asked him about why he didn't call police, Crooks said he dialed 9-1-1 and had his finger on the button, but then changed his mind.

"I was exhausted," Crooks said. "I was emotionally drained. I wanted this to be over. I just wanted to go to work and do what I had to do."

In closing arguments, Finnell urged Kunego to take into the account of events provided by Crooks. He didn't fault Daigler for arresting Crooks. Since he didn't have a statement from Crooks, he could only go on the information available to him at the time of the arrest. But now, he said, Kunego has just as Medies had, Crooks' version of events. He said the case should proceed based on Crooks' account.

DeCarolis dismissed the testimony of Crooks as vindictive and self-serving.

Daigler, he said, did something very unusual -- he testified for the defense rather than the prosecution. That never happens and that should carry a lot of weight with court, he said. Daigler's testimony should weigh heavily in favor of Robinson because he has nothing to gain from his testimony.

The testimony of Crooks is another matter, however.

"His action, his tone, his disposition all show he has a very significant animus against Mr. Robinson," DeCarolis said. "It's very clear he was cop shopping. I would ask, your honor, that you evaluate his testimony in that light."

Kunego set a follow-up appearance for Nov. 19, but said he will likely issue a written decision on the motion to dismiss "in the interest of justice" before that date.

The Batavian's exclusive previous coverage:

• Alleged victim of shotgun menacing claims Bergen resident was communicating with his wife
• Attorney for Bergen man accused of pointing shotgun at person says charge should be dropped
• Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts
• Attorney for John Robinson asks for dismissal of charge 'in the interest of justice'

Charles Kenneth Kelly, 60, of Silver Street, Mars Hill, Maine, is charged with harassment, 2nd, disorderly conduct and failure to obey traffic control device. Kelly was stopped at 11:10 p.m. Tuesday on Route 20, Alexander, by deputy Lonnie Nati. During the stop for an alleged traffic violation, Kelly allegedly became verbally abusive and struck Nati in the chest several times in an apparent attempt to push him off the tractor-trailer he was driving. Kelly pled guilty to the charges in Alexander Town Court, paid a $440 fine, and was released.

Calvin Robert Rando, 56, of West Main Street, Batavia, is charged with attempted petit larceny. Rando was allegedly observed opening a car door without permission and attempting to steal cigarettes.

Myles D. MacLeod, 26, of Sliker Road, Corfu, is charged with felony DWI, aggravated unlicensed operation, 2nd, plate display violation, refusal to take breath test and driving without stop lamps.  MacLeod was stopped at 1:06 a.m. Tuesday on East Avenue, Batavia, by officer Devon Pahuta.

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with criminal possession of a controlled substance, 7th, driving while ability impaired by drugs and controlled substance not in original container. Bush was stopped at 2:48 a.m. Sept. 19 on Lehigh Avenue, Batavia, by officer Marc Lawrence.

Dennis Joseph Pietrowski, 67, of Caledonia, is charged with DWI, driving with a BAC of .08 or grater, and speeding (73 mph in a 55 mph zone). Pietrowski was stopped at 3:20 p.m. Monday on Route 20, Pavilion, by deputy Joseph Corona.

Todd Lester Fairbanks, 32, of Pratt Road, Batavia, is charged with criminal contempt, 2nd. Fairbanks allegedly violated a stay away order of protection. He was jailed on $250 bail or $500 bond.

Gregory Seppe, 56, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, attempted assault, 2nd, menacing, 2nd, possession of a hypodermic instrument and controlled substance not in original container. Batavia PD responded to a report at 10:20 p.m. Friday of Gregory Seppe "waving a knife around." It was also reported that Seppe put the knife in a toaster. When patrols arrived, a property manager told officers that Seppe threw a knife at him. While taking Seppe into custody, officers observed alleged hypodermic instruments and a crack pipe in plain view in Seppe's bedroom. They also found Seppe in possession of a controlled substance not in its original container. Seppe was jailed on $20,000 bail.

Haleigh I. Ogden, 16, of East Avenue, is charged with grand larceny, 4th, criminal possession of stolen property, 4th, petit larceny, criminal possession of stolen property, 5th, and unlawful possession of marijuana. Ogden is accused of entering a car on Chase Park and removing a purse containing credit cards and other personal items at 4 a.m. on Sept. 5. She's also accused of entering another vehicle on Chase Park and taking property from that vehicle that morning. She's also accused of possessing marijuana later that afternoon.

Thomas P. Moynihan II, 39, of North Street, Batavia, is charged with DWI, uninspected motor vehicle and operating out of class. Moynihan was arrested following the investigation by officer Kevin DeFelice into a scooter accident at 1:49 p.m. Friday at the corner of Ross Street and East Avenue, Batavia. Moynihan was jailed on $500 bail. (Initial Report)

Zachary C. Parker, 17, of South Main Street, Batavia, is charged with sexual abuse, 2nd, sexual misconduct and endangering the welfare of a child. Parker was arrested following an investigation by Batavia PD into a complaint filed at 3:30 p.m. on April 27. No further details released.

Curtis M. Gallagher, 30, of Elm Street, Batavia, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and drinking alcohol in a motor vehicle. Gallagher was stopped at 2:49 a.m. Sept. 20 on Route 98, Batavia, by officer Matthew Wojtaszczyk.

Ryan F. Schumacher, 24, Ellicott Street, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Schumacher was arrested by officer Devon Pahuta following a complaint of harassment at 2:11 a.m. Thursday at an address on West Main Street, Batavia.

Steven J. Russ, 42, of Batavia, is charged with harassment, 2nd. Russ allegedly pushed another person to the ground. The alleged incident was reported at 11:06 p.m. Saturday at a location on South Main Street, Batavia.

Eric D. Halsey, 24, of Oak Street, Batavia, is cahrged with criminal mischief, 4th. Halsey was arrested following a reported domestic incident at 11:24 p.m. Thursday.

Matthew J. Poole, 23, of East Avenue, Batavia, is charged with owning an unlicensed dog. Poole allegedly found in possession of three unlicensed dogs.

Jeffrey J. Farrell Jr., 27, of West Avenue, Medina, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Farrell was released on cash bail.

Gabriel Pena-Aragon, 26, of Chatham GDNS, Rochester, was arrested on a warrant for parking on city streets between 2 a.m. and 6 a.m. Pena-Aragon posted police bail and was released.

Shaun P. Coulter, 29, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th. Coulter is accused of damaging several outlet covers at UMMC while there for treatment.

Joseph F. Rotoli Jr., 52, of South Main Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, unlicensed operator and unsafe turn. Rotoli was stopped at 7:44 p.m. Sept. 20 on West Main Street by officer Nedim Catovic.

Philbert P. Williams Jr., 20, of Jackson Street, Batavia, is charged with petit larceny. Williams allegedly stole merchandise from Olympia Sports on Lewiston Road, Batavia. Also charged was Terrance Brown, 20, of Jackson Street, Batavia.

Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with harassment, 2nd. Cole allegedly issued threats at another person.

Blanton E. Thatcher, 61, of West Main Street, Batavia, is charged with a building code violation. Thatcher was arrested on a warrant for allegedly failing to appear on a code violation. He posted bail and was released.

Brian R. Preedom, 48, Holland Avenue, Batavia, is charged with coercion, 1st, aggravated harassment, 2nd, and trespass. Preedom allegedly threatened another person and went on that person's property without permission. He was jailed on $2,500 bail.

Janice L. Lear, 50, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe lane change. Lear was stopped at 12:10 a.m. Sept. 18 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

Melanie Suzanne Mercurio, 23, of Genesee Street, Corfu, is charged with driving while ability impaired by alcohol and failure to keep right. Mercurio was stopped at 2:25 a.m. Sunday on Pearl Street Road, Batavia, by deputy Joseph Corona. (CORRECTION: The original charge listed was inncorrect and it has been corrected).

Nichole Marie McKerrow, 30, of Niskey Lake Road, Atlanta, Ga., was arrested as an alleged fugitive from justice on a felony violation of probation charge. She waived extradition and was transported to New York and is being held without bail.

Preston Scott Daigler, 16, of Batavia-Oakfield Townline Road, is charged with assault, 3rd. Daigler allegedly punched another person in the mouth causing the victim to sustain loose teeth requiring provisional splinting. Daigler was taken into custody by Batavia PD on an unrelated non-criminal matter and turned over to the Sheriff's Office. He was jailed on $2,500 bail.

Rion J. Pawlak, 33, unknown address, is charged with petit larceny and falsifying business records. Pawlak was held in custody. The alleged crime was reported in Stafford. No further details released.

Stephen A. Marazita, 32, of Byron, was arrested on a warrant by State Police. He's also charged with a traffic violation. No further details released.

Jeremiah J. Bach, 33, of Clifton Park, is charged with felony DWI and felony driving with a BAC of .08 or greater. Bach was stopped at 3:45 p.m. Saturday on Commerce Drive, Batavia, by a trooper.

Press release:

The Le Roy Police Department is advising consumers to use caution as a result of larcenies which have been occurring in local supermarkets relating to the theft of wallets from purses.

In the past week, the Le Roy Police have received two complaints where wallets have been stolen out of purses left in shopping carts. It is believed that the victim was unknowingly followed around the store by unknown persons while their purses were located in the shopping cart. The suspect(s) then waited until the victim was distracted (or caused the distraction) and stole the wallet from the purse. This is a relatively common crime technique and has occurred in the past in Le Roy and other towns.

Press release:

On 09/19/14 at 10:15 p.m. two (2) unknown subjects used an ESL Federal Credit Union cloned debit card three (3) times for large amounts at the Tops Market Pkwy on McKinley in the Town of Hamburg, Erie County. The victim lives in Oakfield, Genesee County, and was in possession of his debit card during these unauthorized transactions.

Fraud Prevention and Investigations Unit at ESL Federal Credit Union believe this is a “counterfeit card” scam which originated from a recent security breach from a large national retail store. East Aurora PD has a similar case with the same subjects.

Anyone with any knowledge of the unknown subjects or that may have information to exchange is asked to please contact: Inv. Ron Wilson, NYSP Batavia, ronald.wilson@troopers.ny.gov / 716-361-1585 or Det. Pat Welch East Aurora PD 716-353-0622.

Early Saturday morning, deputies responded to a report of an under-age drinking party at a location on Dry Bridge Road, Town of Alexander.

As a result of the investigation, 57 people were charged with trespassing.

The following people were issued appearance tickets:

Alexander Colon, 20, of Batavia
(Name Redacted), 17, of Batavia
(Name Redacted), 16, of Batavia
(Name Redacted), 17, of Batavia
Brian E. Majors, 18, of Batavia
Jordan I. Richardson, 18, of Batavia
(Name Redacted), 17, of Byron
Jordan M. Dieter, 18, of Wyoming
(Name Redacted), 17, of Alexander
Joseph A. Auricchio, 23, of Darien
(Name Redacted), 17, of Batavia
(Name Redacted), 17, of Attica
Joey R. Tatro, 19, of Attica
Crystal L. Wojtkowiak, 18, of Attica
(Name Redacted), 17, of Lancaster
Leo D. Perry, 19, of Varysburg
(Name Redacted), 16, of Batavia
(Name Redacted), 17, of Corfu
Lauren M. Swimline, 19, of Corfu, NY
(Name Redacted), 17, of Batavia
Abraham C. Conners-Johnson, 18, of Batavia
(Name Redacted), 17, of Batavia
(Name Redacted), 17, of Batavia
Jason J. Rudey, 20, of Cheektowaga
Jessica C. Kliszak, 20, of Alden
Ryan J. Kratzke, 22, of Alden
Amanda M. Hale, 18, of Batavia
James E. Soggs, 20, of Batavia
John P. Dougherty, 19, of Pavilion
Stephen E. Pike, 18, of Lakeville
Jessica L. Griseta, 19, of LeRoy
Amber L. Baumgart, 19, of LeRoy
(Name Redacted), 17, of Batavia
(Name Redacted), 16, of Delevan
(Name Redacted), 16, of Attica
David R. Cook, 20, of Attica
(Name Redacted) 17, of Attica
(Name Redacted), 17, of Warsaw
David J. Glaus, 18, of Attica
Scott J. Ash, 19, of Attica
Thomas J. Rose, 18, of Elba
(Name Redacted) 16, of Byron
Erica L. Corrado, 19, of Rochester
(Name Redacted), 16, of Alexander
Dominic A. Beck, 18, of Warsaw
(Name Redacted), 17, of Batavia
Dustin T. Pile, 18, of Attica
Evan C. Harding, 20, of Darien
John H. Nelson, 18, of Attica
Connor G. Brown, 18, of Attica
Steven N. McLaurin, 23, of Warsaw
Kyle M. Leach, 23, of Warsaw
Chris E. Robinson, 19, of Warsaw
Angelica M. Hightower, 18, of Corfu
Bethany T. Weber, 19, of Castile
Tyler A. Decaro, 19, of Buffalo
Brandon R. Ziolkowski, 20, of Alden

Denise Kay Kumpf, 46, of Roberts Road, Alabama, is charged with grand larceny 4th degree. Kumpf, who was a night manager at Flying J Travel Center, is accused of loading $1,000 onto a NetSpend prepaid card without placing money for it in the cash register.

Joseph D. Summers Jr., 27, of 103 West Main Street, B-3 A-6, Le Roy, is charged with endangering the welfare of a child. Summers was charged after children ages 2 and 3 were found wandering unattended, away from their residence, on Sept. 16.  Police allege this is the third time this year in which children under the care of Summers were found wandering unattended.

Kasiem Marquis Burks, 18, of Trina Circle, Syracuse, is charged with trespass. Burks is accused of being on College Village property after being banned from the property.

Daisha Monet Spence, 18, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Also charged, Naja Frances Adams, 18, of Batavia Stafford Townline Road, Batavia, and Shantina Marie Brewer, 19, of Batavia Stafford Townline Road, Batavia. Spence, Adams and Brewer are accused of shoplifting at Walmart. Allegedly the trio grabbed $441.73 in merchandise and fled the store. Their vehicle was later located by deputies Joseph Graff and Chad Minuto.