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Burglary investigation leads to alleged drug stash discovery

By Howard B. Owens
Kevin O'Connell Samantha L. Hicks

Two Batavia residents are accused of being drug dealers after Sheriff's investigator went to their house on an unrelated matter and allegedly spotted controlled substances in plain view inside their South Main Street residence.

A search warrant was secured and investigators claim they seized crack cocaine, heroin, marijuana, hydrocodone pills, clonazapam pills, detroamphetamine pills and a hydromorphone pill.

Arrested were Kevin J. O'Connell Jr., 33, and Samantha L. Hicks, 26.

The investigator went to their South Main Street residence to speak with a person who reported a burglary.

After spotting what he believed to be narcotics, the location was secured and the Local Drug Enforcement Task Force was called in along with uniformed deputies and K-9 Destro.

O'Connell and Hicks are both charged with criminal possession of a controlled substance, 3rd, a Class B felony that indicates investigators believe they had enough narcotics that they were selling the drugs.

O'Connell is also charged with criminal possession of a controlled substance, 4th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th.

Besides the three counts of criminal possession, 3rd, Hicks is charged with criminal possession of a controlled substance, 5th, and three counts of criminal possession of a controlled substance, 7th. She is also charged with criminal possession of marijuana, 4th.

O'Connell was jailed without bail and bail was set at $10,000 for Hicks.

Law and Order: Woman accused of welfare fraud

By Howard B. Owens

Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

Woman with bright pink butterfly tattoo suspected of robbing Five Star Bank branch in Batavia

By Howard B. Owens

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Law and Order: Alleged underage drinking party on State Street Saturday night results in four arrests

By Billie Owens

John J. Astrologo, 20, of 107 State St., Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party at his residence on State Street in Batavia on Saturday. He was released on an appearance ticket and ordered to appear in Batavia City Court on March 11.

Evan W. Horton, 19, of State Street, Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party on Saturday. He was released on an appearance ticket and is set to return to Batavia City Court on March 4.

Lukas M. Baildon, 18, of Batavia-Stafford Townline Road, Batavia, was arrested on Saturday following an investigation into an underage drinking party and charged with unlawful possession of marijuana. He was issued an appearance ticket and released. He is due in Batavia City Court on March 11.

Brody A. Jorgenson, 19, of Batavia-Stafford Townline Road, Batavia, was arrested and charged with unlawful possession of alcohol following an investigation into an underage drinking party on State Street in Batavia on Saturday. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on March 4.

Christopher Douglas Ball, 41, of Park Road, Batavia, is accused of 33 counts of criminal contempt. It is alleged that he violated an order of protection issued by Family Court on several occasions by sending 30 text messages, having two phone conversations, and by having personal contact with the protected person. Following his arraignment on Thursday, he was jailed on $5,000 cash bail or $10,000 bond. He is set to reappear in Town of Oakfield Court on March 3.

Christian Gerand Santana, 32, of Kally Street, Rochester, was arrested Friday and charged with petit larceny for allegedly stealing merchandise valued at $129.99. He is also charged with possession of burglar tools for allegedly using a cutting instrument to aid in the theft, as well as second-degree harassment for allegedly pushing loss prevention personnel when they attempted to detain him. Following his arraignment in Town of Batavia Court, he was jailed on $500 cash bail or $1,000 bond. He is set to reappear in town court on March 3.

Courtney A. Gaebler, 36, of Soccio Street, Batavia, was arrested and charged with driving while intoxicated and failing to maintain lane after crashing her car into a utility pole on Liberty Street on Wednesday, causing significant damage to the pole and car. She will be arraigned in City Court on March 11.

Sharon Jean Chase, 55, of Route 19, Le Roy, was arrested last Monday and charged with third-degree grand larceny for allegedly stealing several items from the apartment of an acquaintance. She is scheduled to appear in Le Roy Town Court on March 20.

Michael E. Mistler, 48, of East Main Street, Batavia, turned himself into Batavia Police after a bench warrant was issued for failing to answer a traffic summons. He posted bail and is scheduled to return to City Court on Tuesday.

Jake Ross Simmons Jr., 27, of North Hill Parkway in Atlanta, Ga., was arrested on Friday for aggravated unlicensed operation in the second degree following a traffic stop. It is alleged that he was driving while his privileges are suspended. He was also cited for failure to keep right.

Grand Jury indicts man on four counts of first-degree sex crimes

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Nathan W. Larson is indicted on four counts. The first is the crime of first-degree attemped rape, a Class B felony, for actions which allegedly occurred on Aug. 3 in the Town of Le Roy. He is accused of attempting to engage in sexual intercourse with another person by forcible compulsion. In count two, he is accused of first-degree sexual abuse, A Class D felony, for allegedly subjecting another person to sexual contact by forcible complusion. In count three, he is also accused of first-degree sexual abuse for allegedly subjecting another person to sexual contact when the person was incapable of consent by reason of being physically helpless. In count four, he is accused of first-degree criminal sexual act, a Class B felony, for allegedly engaging in oral sexual conduct or anal sexual conduct with another person who was incapable of consent by reason of being physically helpless.

Steven E. Palmer is indicated for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 1998 Acura on Route 5 in the Town of Le Roy on Nov. 8 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly having a BAC of .18 or more.

Stephen J. Holdaway is indicted for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 2004 Ford pickup on Route 33 in the Town of Batavia on Aug. 21 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for having allegedly having a BAC of .18 or more.

Robbery at Five Star Bank, East Main Street, in the city

By Billie Owens

A robbery is reported at the Five Star Bank, 567 E. Main St., in Batavia. The suspect handed the teller a note and fled on foot with an undisclosed amount of cash. No weapon was displayed. The suspect is described as female, 26 years old, white, 5'7", wearing black sweatpants, a gray sweatshirt, with a train-conductor-type hat. She has a butterfly tattoo on her neck and had on black gloves. She may have gotten into a gray Honda Civic. Unknown direction of travel. Multiple law enforcement units on scene. A canine will be deployed shortly.

Big fight in parking lot of Batavia's Original Pizzeria on East Main Street

By Billie Owens

A fight involving about 12 subjects was reported at Batavia's Original Pizzeria at 500 E. Main St. A caller to dispatch said a baseball bat was involved and one person was struck in the head. The group subsequently left and went to Harvester Avenue. Multiple city police units are on scene and Mercy medics are staging in the area.

UPDATE 1:08 p.m.: So far no victim has been found, although now police are going to check inside the restaurant.

UPDATE 1:10 p.m.: No word on a dozen subjects; police are having I.D. checks done for four people at the scene.

UPDATE 1:12 p.m.: A victim with a laceration to the head was found inside the restaurant and medics are given the go-ahead to enter and treat the person.

UPDATE 1:24 p.m.: At least two people will be taken into custody.

UPDATE 1:34 p.m.: The victim declined transport to the hospital. Police are taking subjects to police headquarters to speak with them further.

Appeals court throws out conviction of woman accused of bilking employer out of $14K

By Howard B. Owens

Some of the evidence used against a former Bergen woman in her trial for fraud a year ago shouldn't have been submitted to the jury, so the woman should get a new trial, an appeals court has ruled.

Michele Ann Case, 47, of 1037 Chili Center-Coldwater Road, Rochester, was found guilty by the jury on criminal counts for allegedly bilking her employer out of more than $14,000 in fraudulent mileage and reimbursement claims.

Case was a home care nurse.

In prosecuting the case, the District Attorney's Office used as evidence summaries of financial and accounting documents as evidence.

According to the justices of the Appellate Division, Fourth Judicial Department, Case's attorney, Public Defender Gary Horton, did not challenge the admissibility of the documents.

The documents were not admissible, the court ruled, because the defense was not given a chance to review the data used to create the summaries.

The lack of review denied Case her right to a fair trial, the court ruled.

District Attorney Lawrence Friedman said the prosecution is "back to square one" -- at the same point the case was at before Case went to trial, but unless there is a plea deal, Friedman indicated he intends to proceed with the case.

"It's not like this decision indicates in anyway that we can't prove our case," Friedman said. "It's a question as to the admissibility and accuracy of the records that were used. It's certainly something that's curable for a retrial.

"This is not anything in my mind that weakens our case," Friedman added. "It's a matter of going back and reviewing the records and eventually redoing summaries that were used for the jury."

Law and Order: Sex offender accused of not reporting address change

By Howard B. Owens
Shawn Powers

Shawn Powers, 48, of Wyoming County, is charged with failing to register a change of address. Powers, a registered Level 2 sex offender, was arrested by Le Roy PD for alleged failure to register a change of address as required by state law for registered sex offenders. He was previously a resident of the Village of Le Roy. Powers has a prior conviction for the same offense, making the new charge a Class D felony. He was jailed on $10,000 cash bail or $20,000 bond.

Richard Thomas Elliott, 82, of West Park Street, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and operating with driver's view obstructed. Elliott was stopped at 1:54 a.m., Wednesday, on Cato Street, Pavilion, by Deputy Joseph Corona.

Andrew J. Paladino, 34, of Shelter Street, Rochester, was arrested on Family Court warrant for alleged support violation. Paladino turned himself in on the warrant. He paid $200 toward his support obligation and was released pending his next court appearance.

Two woman accused of not feeding their dogs have court appearances rescheduled

By Howard B. Owens

Two Batavia women accused of mistreating their dogs were in City Court today, but both of their cases were rescheduled to a later date.

City Court Judge Michael Del Plato has a conflict of interest on one case. He was also filling in for Judge Robert Balbick, who is already presiding over an unrelated case for one of the defendants, so that case was delayed as well.

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure to provide sustenance for an animal. Officers allegedly found a malnourished dog in her residence.

Nina Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/harboring an unlicensed dog.

Del Plato has a conflict of interest in Pellegrino's case.

Balbick is already handling an unrelated case on Kelso. She's charged with unlawful possession of marijuana.

Assistant District Attorney Robert Zickl indicated he is seeking compensation from both defendants for the care and feeding of their dogs while they're in foster care.

Kelso and Pellegrino will next appear in court Feb. 27.

Defendant asks for maximum sentence and Noonan gives it to him

By Howard B. Owens

In County Court today, Dustin Locicero got exactly what he asked for: the maximum sentence Judge Robert C. Noonan could possibly hand down.

That is three-and-a-half to seven years on Locicero's plea bargain in which Locicero admitted to forgery 2nd.

The 29-year-old Bergen resident was arrested in January and accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester.

Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations.

He was charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd.

At the time of his arrest he had pending charges for identity theft.

The plea satisfied all of Locicero's charges.

District Attorney Lawrenece Friedman said he asked for the maximum sentence under the plea agreement, and public defender Jerry Ader asked for the minimum sentence, two to four years.

When Locicero was given a chance to address the court, Friedman said, the defendant told Noonan he might as well give him the maximum sentence because he will die in prison anyway.

Law and Order: Warrant suspect arrested and returned to Genesee County

By Howard B. Owens

Amir Alivy Barulich, 34, of Pearl Street, Tampa, Fla., is accused of failure to pay fine imposed by the court. Barulich allegedly did not appear as ordered in Genesee County Court on April 28, 2011. He was arrested on a warrant by New Rochelle PD and turned over to the Sheriff's Office.

Joseph T. Burr, 20, of Oak Orchard Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Burr was stopped at 3:41 a.m., Sunday, on Washington Avenue, Batavia, by Sgt. Thad Mart, following a report of a suspicious condition in the parking lot of St. Paul Lutheran Church.

Timothy G. Taggart, 23, of Brigham Road, Fredonia, is charged with DWI and driving with a BAC of .08 or greater. Taggart was arrested following an investigation into an suspicious vehicle parked at Bank of America on Main Street, Batavia, at 2:27 a.m. Friday by Officer Stephen Cronmiller.

Kyle D. Clark, 23, of Hyde Park, Batavia, is charged with harassment, 2nd. Clark was arrested on a bench warrant on a harassment, 2nd, charge stemming from an incident in which he allegedly held a woman down and slapped her several times.

Bishop Edward Williams, 20, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of shoplifting from Walmart on Friday. He was located Saturday by Le Roy PD at a location on Bacon Street.

Juan Michael Chavez, 27, of Gaslite Lane, Batavia, is charged with unlawful possession of marijuana, speeding and driving wihtout a proper license. Chavez was stopped at 9:19 p.m. Friday on Clinton Street Road by Deputy Joseph Corona.

Edward Dexter McDonald III, 24, of South Street, Le Roy, is charged with DWI, speed not reasonable or prudent, moving from lane unsafely and refusal to submit to breath test. McDonald was arrested by Sgt. Michael Hare after his vehicle was allegedly found buried in the snow along East Main Street, Le Roy. McDonald allegedly failed to negotiate a turn onto South Street at 1:18 a.m. Saturday. McDonald was jailed on $1,000 bail.

Gas station robber enters guilty plea in County Court

By Howard B. Owens

Edward Wood

Justice has been swift for Edward Wood III.

When he robbed the Sunoco gas station on West Main Street on Jan. 21, police had him in custody three minutes after being dispatched to the scene.

Today, less than a month after the robbery, the 21-year-old Batavia resident who used an Airsoft gun in the commission of his crime, admitted his guilt before Judge Robert C. Noonan.

Wood entered a guilty plea to attempted robbery, 2nd, a slightly reduced charge from the original count of robbery in the second degree, menacing, 2nd, and criminal mischief, 4th. The plea also satisfies two pending, unrelated misdemeanor charges.

While the plea still exposes Wood up to a potential seven years in prison, the reduced charge -- since he has no prior felony conviction -- also leaves open the possibility of a probationary sentence.

Sentencing will be March 12.

He remains jailed on $25,000 cash bail or $50,000 bond.

Law and Order: Parolee accused of possessing needle

By Howard B. Owens

Michele L. Difalco, 25, of West Main Street, Batavia, is charged with possession of a hypodermic instrument. Batavia PD assisted NYS Parole at the residence of Difalco. Difalco was allegedly found in possession of a hypodermic instrument.

Dustin M. Fleming, 26, of Telephone Road, Le Roy, is charged with unlawful possession of marijuana. Fleming was arrested after Batavia PD officers responded to Denny's Restaurant to investigate a complaint of an intoxicated person at that location. Fleming was found allegedly in possession of a small amount of marijuana and a glass pipe.

John Thomas Harley, 35, of Rich Place, Lacawana, is charged with operating with a suspended registration and aggravated unlicensed operation, 2nd. Harley was arrested on a warrant upon his release from the Erie County Jail. Following arraignment in Darien Town Court, he was jailed on $500 bail or $1,000 bond.

Guns stolen from a shop in Alabama, suspects in dark colored pickup

By Howard B. Owens

Within the past hour, a gun shop on Route 77 in Alabama was burglarized and guns were stolen.

The suspect vehicle is a dark colored pickup truck, unknown direction of travel.

State Police are on scene.

UPDATE 10:43 p.m.: Orleans County dispatch has informed Genesee County dispatch of a possible related burglary in that jurisdiction. Communication equipment, such as that used by fire and police personnel, were taken. It occurred after the Alabama burglary. The Alabama suspect vehicle is described as an S-10 type of pickup truck, dark in color, with a loud exhaust.

UPDATE 11:45 p.m.: Seven double-barrel shotguns are missing, too.

Dog found malnourished showing signs of recovery, now in foster care

By Howard B. Owens

Nina Kelso certainly has her supporters -- friends and family members who have argued passionately on Facebook and on The Batavian that those who judge her and heap insults upon her and even threaten her don't know the full story.

She would never abuse an animal and her dog was ill not from mistreatment, they say, but because he unintentionally ate something toxic.

Darren Dewitt:

Don't judge this one too soon. I've known Nina for years and something is off with this whole deal. My understanding is that the dog was dying and instead of having the vet put it down she let it live out its days at home with the family. The court has the final word.

Lynda Kelso:

Can't help it when a DOG does what DOGS do and gets into something and it makes them sick. ... He got sick and was vomiting. How do u loose weight when u get sick? He was weak from what he ate. They were trying to get food in there right down to baby formula.

Nina Kelso's case began at 6:08 p.m., Feb. 4, when Sgt. Chris Camp and Officer Jamie Givens responded to a report on Hutchins Street of a malnourished dog.

When they arrived they spotted a canine inside that, according to the officers, was emaciated and couldn't stand on its own.

Dr. Fran Woodworth of State Street Animal Hospital was contacted to assist with the health care of the animal.

Woodworth said she arrived at the aninmal hospital around 7:30 and found a dog that was severally malnourished.

"He was emaciated and mentally he was dull and disoriented," Woodworth said. "I don't know how much of that was starvation or, the officers told me that his owner said he had gotten into potentially toxic substances, cigarette butts and incense oil or something along those lines, and that was why he was in shape in that he was in and had lost all that weight in just a couple of days. I don't know if he had gotten into some toxic substances, but he was definitely mentally not normal. He was just very depressed."

The dog had an intestinal infection, pressure-point sores and was blind.

Animal Control Officer James Sheflin began his investigation into the case the morning after the dog was brought to State Street. He took pictures and examined the dog and consulted with the District Attorney's Office on possible appropriate charges against Kelso (she was charged with torturing or injuring an animal, failure to provide sustenance, and owning/harboring an unlicensed dog).

"Honestly, he's the worst shape I've ever seen," Sheflin said. "The sores were over all his entire body. His feet were swollen two or three times what they should have been. His nails were overgrown. He literally didn't have enough strength to stand up. All he could do was lay down."

State Street staff monitored the dog's progress, unsure during those first 12 hours or so if the dog was going to make it.

But after 12 hours, the dog showed enough progress to warrant continued treatment.

Soon, he gained enough strength to stand up and he showed an interest again in eating.

The dog was brought in on a Tuesday and by Saturday it was in good enough health to be transferred to a foster family through Volunteers for Animals.

It's impossible to tell for sure, Woodsworth said, whether the dog ate anything toxic.

"Toxins are typically very short-lived," Woodsworth said. "They do their damage and then there is no sign of them in any blood test. They are gone. There was nothing in the blood work that was tagged as a sign of a toxin."

There's no indication the dog was brought to a vet for treatment prior to Camp and Givens picking them up, Woodworth said.

"He was overloaded with intestinal worms," Woodworth said. "There were pressure sores on all contact points, particularly his elbows and hind legs from being recumbent for so long. He hadn't eaten in weeks and was weak. That kind of emaciation doesn't just happen overnight.

"As far as I know," Woodworth added, "the owner never sought out veterinary help. What the dog needed was better nutritional care and parasite control and better health maintenance."

Woodworth isn't sure why the dog is blind or if the blindness will last. It's a problem in the dog's brain, not with the dog's eyes, she said.

That could be caused by a toxin, she said.

His mental state, depression, could also be the result of a "toxic insult," Woodworth said.

If the dog did ingest something toxic, veterinary treatment sooner would have been advised, she said.

"In fairness to her, the problems that I saw in the dog were primarily starvation and being recumbent too long," Woodworth said. "I didn't find any injuries inflicted by being kicked or being abused violently in that manner."

Woodworth is hopeful about the dog's improving health even if the prognosis isn't yet settled. The dog is in a good place now and that can only help him recover.

"It's too early to say if he will recover his sight," Woodworth said. "He retained his blindness after getting back on his feet, but he's acting normal otherwise. It was a joyful thing for us to see him on his feet and be interested in food by the next morning. He became rather attached to one of our technicians and began begging her for treats. He really showed some dramatic improvement in a short amount of time."

The Batavian tried to contact Nina Kelso through Facebook earlier today so she could tell her side of the story and have not received a response.

UPDATE: Nina Kelso contacted me about an hour after this story was published and said she prefers not to comment while her legal case is pending.

PHOTO: Batavia PD.

Police seek ID of driver whose car struck a teen on State Street

By Howard B. Owens

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a 17-year-old Batavia resident Feb. 5 on State Street.

The youth was transported to UMMC with non-life-threatening injuries.

The vehicle is described as a black, two-door sedan with a white license plate and the letter "D" at the start of the plate number.

The vehicle was occupied by two white individuals.

The accident was reported at 7:45 a.m. on State near Fairmont Avenue.

Anyone with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or through the City’s Web site located at http://www.batavianewyork.com/police-
department/webforms/report-suspicious-drug-or-criminal-activity.

Law and Order: Pavilion man accused of driving other people's vehicles without permission

By Howard B. Owens

Jason M. Babbitt, 40, of Pavilion, is charged with two counts of unauthorized use of a motor vehicle and aggravated unlicensed operation, 2nd. Babbitt was arrested following a complaint investigated by State Police of a possible stolen vehicle from a location in Covington. At about the same time the initial complaint was reported, a vehicle was found in a ditch on Taylor Road, near the location of the reported stolen vehicle. Following further investigation by troopers and Wyoming County Sheriff's deputies, Babbitt was identified as the suspect and they allege he drove another vehicle without that owner's permission. Babbitt was jailed on $5,000 bail.

Robert W. Plantiko Jr., 39, of Thorpe Street, Batavia, is charged with endangering the welfare of a child. Plantiko is accused of not providing proper care to a child in his custody. Plantiko was jailed on $100 bail.

Christina M. Cadieux, 53, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and no or inadequate headlamps. Cadieux was stopped at 7:18 p.m. Feb. 4 on Pearl Street by Officer Felicia DeGroot.

Norman E. Bastedo II, 39, of Pringle Avenue, Batavia, is charged with unlawful operation of an ATV on a public highway and depositing snow on a public street. Bastedo was charged following an investigation into an accident reported in February on Pringle Avenue, Batavia.

Kimberly A. Beagle, 45, of Park Place, Perry, is charged with petit larceny. Beagle is accused of shoplifting from Tops.

Joseph C. Parnell, 19, of East Main Street, Batavia, is charged with criminal nuisance, 2nd. Parnell is accused of allowing an underage drinking party to gather at a residence. Also charged, Benjamin D. Polk, 21, of East Main Street, Batavia. Bradley L. Rodda, 19, of East Main Street, Batavia, is charged with maintaining a premises for unlawful conduct. Joshua J. May, 19, of East Main Street, Batavia, is charged with unlawful possession of marijuana and criminal nuisance.

Chercal Arieal Smith, 18, of Bank Street, Batavia, is charged with criminal possession of stolen property, 5th. Smith is accused of possessing a stolen mobile phone and using that phone for several days.

Brian Lee Smith, 52, of Colonial Boulevard, Batavia, is charged with three counts of criminal contempt, 1st, and 65 counts of criminal contempt, 2nd. Smith is accused of violating a stay away order of protection by sending numerous e-mails, leaving several voice mails and visiting the residence of the protected person.

Christopher Patrick Abdella Sr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Abdella is accused of sending several text messages to a person he was barred by court order from contacting.

William John Dale, 40, of Franklin Street, Dansville, was arrested on a warrant related to a petit larceny charge. Dale was a passenger in a vehicle stopped in by a deputy in Livingston County and turned over to the Genesee County Sheriff's Office after being identified as a warrant suspect. Dale was jailed on $200 bail.

Package of meth allegedly shipped to address in Oakfield, Le Roy man arrested

By Howard B. Owens

Acting on a tip from law enforcement in Florida that a package of methamphetamine was being shipped to an address in Oakfield, members of the Local Drug Enforcement Task Force arrested a Le Roy man allegedly found in possession of the package.

Mark J. Puma, 42, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and possession of controlled substances by ultimate user's original container.

The tip came from the Winterhaven Police Department. The package was reportedly delivered to an address on Farnsworth Avenue.

After confirming the package delivery, members of the task force reportedly observed Puma leaving the residence.

A traffic stop for an alleged traffic violation was initiated on Maltby Road, Oakfield, by a uniformed deputy and a state trooper.

During an interview with Puma, it was determined that Puma was allegedly in possession of Adderall.

A K-9 search of Puma's 2000 Toyota 4-Runner led to a positive alert by the dog on suspected narcotics in the vehicle.

The suspect package, with a return address in Lakeland, Fla., was located in the vehicle and a quanity of meth was allegedly found in the package.

Puma was arraigned and released under supervision of Genesee Justice.

Assisting in the investigation were the District Attorney's Office, uniformed deputies, state troopers, Medina PD and Medina PD's K-9, "Kye."

Jury returns not guilty verdict on three felony counts against Batavia teen

By Howard B. Owens

Following a week-long trial that ended Friday, a Batavia resident was found not guilty on three felony counts stemming from an allegation he forced a victim to engage in sexual acts.

Kyle H. Morse, 17 at the time of his arrest a year ago, was, however, found guilty on a single misdemeanor count of sexual misconduct.

The grand jury indictment on that count accused Morse of engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by virtue of being less than 17 years old.

The jury returned not guilty verdicts on counts of criminal sexual act in the first degree, sexual abuse in the first degree and criminal sexual act in the third degree.

Morse is scheduled to appear for sentencing on the misdemeanor conviction April 10.

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