crime

Angela Irene, 44, of South Grand Road, Medina, is charged with grand larceny, 4th. Irene was arrested as a result of reports on The Batavian and OrleansHub of a purse being stolen from a shopping cart in the parking lot of the Batavia Walmart and a gift card subsequently being used to purchase a cake at the Walmart in Albion. As a result of the publication of the surveillance photo from the Albion Walmart, the suspect turned herself in to local law enforcement. The Sheriff's Office also received numerous phone calls identifying the suspect. The case was handled by Investigator Kristopher Kautz and Deputy James Diehl.

Jillian E. Dibble, of Akron, is charged with DWI and driving with a BAC of .08 or greater. Dibble was stopped at 7:50 a.m. Sunday on Route 77 at Reynolds Road, Darien, by State Police.

Alexander E. Dills, 23, of Stafford, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, unlawful possession of marijuana, criminal possession of a weapon, 4th, and aggravated unlicensed operation. Dills was arrested by State Police at 8:55 a.m. Saturday. No further details released.

Darrnell J. Barnes, 51, of Alabama, is charged with DWI and driving with a BAC of .08 or greater. Barnes was stopped at 7:42 p.m. Saturday on Alleghany Road in Alabama by State Police.

It took local law enforcement less than an hour today to respond to a reported burglary in progress at 28 Park Ave., Batavia, and take two suspects into custody.

The first, who was allegedly armed, was captured almost immediately about 100 yards from the residence.

The second suspect was the subject of a manhunt that involved officers from Batavia PD, the Sheriff's Office, State Police, a K-9 and a helicopter. It lasted about 45 minutes.

"We had the State Police helicopter up in the air quickly," said Chief Shawn Heubusch, Batavia PD. "We had the benefit of decent weather. We had several reports from residents in the area. Our officers responded very quickly. They set up a perimeter very quickly. Everybody did what they were supposed to do. That was the crucial element, to be able to bring all of those resources together in such a short amount of time."

It was a neighbor who reported the possible burglary. The witness saw two men knock on the door of 28 Park Ave. About 10 minutes later, the neighbor heard a loud noise coming from the residence.

Dispatchers received the report of the possible burglary at 11:28 a.m.

When police arrived, two men were seen running from the house. One headed east, the other west.

"It doesn't appear anything was taken," Det. Rich Schauf said. "There is evidence they were well into the house and, for whatever reason, they left in a hurry and were seen running from the house. The assumption is they saw that there were police in the area."

Arrested almost immediately was Nathaniel Davis, 18, address unconfirmed. Davis was allegedly found in possession of a loaded handgun at the time of his arrest.

"There was an attempt to tase him, but because he had thick clothing on, the initial tase did not work," Schauf said. "There might have been, I'm not sure if there was, a positive tasing at some point, and then (he) did finally fall to the ground."

With a perimeter established, Schauf said commanders on scene were pretty confident the second suspect hadn't gone far.

St. Paul's School, a private school on Washington Avenue, heard of the law enforcement activity in the area and went on lockdown. Schauf said both because of the fast-moving situation and because officers were confident that the second suspect was contained to a four-block area, other Batavia schools were not contacted about a possible lockdown.

"We weren't at a stage where we were in a planning mode," Schauf said. "That would have happened very shortly if this had continued on, but because it was fluid and all our resources were tied up in the pursuit, there wasn't time at that point to make a decision."

During the search, there were neighbors coming and going and residents coming outside to see what was going on.

Schauf said residents, as they appeared, were being instructed to stay inside, but if they saw anything, to call dispatchers.

Drivers were asked to keep moving along.

"You've also got to be aware that in this day and age of cell phones, this person could be trying to contact somebody to try and get him," Schauf said. "So we're trying to be aware of who's around that area."

The first order of business is safety, Schauf said, both for residents and for officers, but the PD was also confident they had the suspect pretty much trapped within the perimeter.

"That's why we are able to keep searching," Schauf said. "It was a needle in a haystack, so to speak, but we also knew there was a good chance the person couldn't get out of that perimeter, so we were pretty confident we could just keep searching."

At the start of the search, Deputy Brian Thompson -- on a well-deserved day off after being involved in a life-threatening situation where a suspect dragged him with his car before two truck drivers intervened -- was at the County Highway Department washing his patrol vehicle when he heard the call. Thompson had his K-9 Pharoah, not yet retired, with him and his gear.

"He thought his dog might be of service and absolutely he was," said Chief Deputy Jerome Brewster, adding that a K-9 officer is always ready for the call of duty.

It was Pharoah, whom Thompson has always praised for his tracking ability, who located the second suspect and chased him to the back yard of 48 Ellicott Ave.

"He continued to flee with the dog chasing him," Schauf said. "He went as far as he could go before giving himself up."

The suspect, 23-year-old Akeem Simmons, suffered a leg injury at some point during the incident, probably while running, but at this point, investigators aren't sure. He was transported from Batavia PD headquarters to UMMC by Mercy EMS, where he was treated. He was seen later at the police station with a leg brace boot on his right leg.

No weapon was found on Simmons, and a K-9 from the State Police barracks in East Aurora that is trained in weapons detection was brought in to sniff the path Simmons is believed to have followed and no weapon was located.

Investigators did find a discarded black hoodie.

The initial description of the two suspects was that they were wearing black hoodies. When Simmons was arrested, he was wearing a red hoodie.

"An obvious tactic is to change what you're wearing," Schauf said. "Once you get out of the immediate area, change what you're wearing."

Possible charges against Simmons and Davis include burglary, 1st, a Class B felony, criminal possession of a weapon, criminal mischief and resisting arrest.

This is the fourth high-profile criminal incident in the past six months in the City of Batavia where guns were involved.

Both Detective Schauf and Chief Heubusch acknowledged there is an increase in weapons being used by criminals locally and an increase of violent crimes in Batavia.

It does seem like there are more incidents of people who have guns, where we didn't see that before," Schauf said. "If you look at it for society, it's been a problem at the forefront for a long time across the nation. We've been fortunate that we haven't had that here, but you can only hold out so long."

The reason for the increase might be, Schauf said, because criminals feel a greater need to protect themselves from each other.

"When you read about what goes on in Buffalo and Rochester, we're not removed from that," Schauf said. "As a police officer, we are always trained to be looking so that we're not taken by surprise, but I think as a community, it's something people need to be aware of -- to look out for one another, like what happened today, and to just be more cautious because it is more prevalent."

The best way to combat an increase of gun-related incidents, Chief Heubusch said, is for members of the community to look out for each other, as a neighbor did today.

In addressing that question, Heubusch also addressed the possible concern from residents that there is an increase in criminal gang activity.

"I think people in this community should just be concerned about the increase in violent activity on the whole," Heubusch said. "Whether it's related to any specific group of people, the message we're trying to get out there is you need to help your neighbor. If you see something, you need to say something. It's very simple."

He said that rather than be concerned about possible retribution, residents need to concern themselves first with looking out for the safety and well being of each other. 

"If you speak up about these people who you think are maybe in a gang or you think are may be going to commit a crime, you're going to drive those people out of the community," Heubusch said. "You're going to drive them out by saying we're not going to stand for it. We (the police) are going to back you up 100 percent. We're going to do everything we can to get these people out of our community.

"There's an increase in violent crime across the nation," Heubusch added. "We're not in a fish bowl. We need to be prepared. Our residents need to be prepared to take care of one another."

UPDATE: A couple of things left out of the original story. Davis is somebody Batavia PD has had prior contact with and is believed to be a longtime resident. Simmons is new to the community.  Simmons was on an alert list for questioning by parole or probation and law enforcement had been warned to consider him potentially dangerous.

Asked if one or both of these men might be suspects in the recent armed robbery of a pizza delivery driver, Schauf said that's certainly something investigators will look into. 

Regarding potential gang connections to recent gun-related crimes, a quote from Schauff: "It's something we don't overlook. It might not be stated as an obvious. Like the question you're asking, isn't it obvious? We can't go by obvious. We need proof. There is certain proof we need to prove that. It's something that we look at and we take seriously, but to say ... we would want to have more proof before I said that."

In accordance with her plea agreement, Brandi Watts, the former Village of Corfu court clerk who stole more than $10,000 in court funds, was given 11 months to show she can stay out of trouble.

If she does, she will be sentenced Dec. 15 on a lesser included offense and serve a year on probation with the chance to have all charges dismissed.

Watts, who entered a guilty plea in October to one count of tampering with government records, a Class D felony, also paid $10,128.

The only drama, if you want to call it that, in court today was special prosecutor Donald O'Geen addressing a request by the Village of Corfu for additional restitution.

"There is claim for thousand and thousands of dollars more the Village of Corfu seeks," O'Geen said. "In my opinion the correct legal amount that the village can recover if there were a restitution hearing has been recovered. There's a lot of emotion and a lot of built up frustration and there are expenses they feel they shouldn't have to pay. I'm confident in the number, but I completely understand the frustration in the Village of Coruf."

Watts said nothing prior to Judge Robert C. Noonan ordering her back Dec. 15.

"If she violates the terms of probation, the probation department will notify me immediately and we'll be right back in here," Noonan said.

The case against Watts became a public controversy after the state comptroller's office released a report showing numerous financial irregularities in the village court's bookkeeping. For more than a year the village tried to pursue a case against Watts and her father and former boss in the village court, former justice Robert Alexander. 

As the judicial review commissions proceedings dragged on and no, the village tried to recover funds and get a criminal case to move forward.

In the process, the village incurred thousands of dollars in legal expenses and that's the money the village would still like to have Watts pay in restitution.

O'Geen said he doesn't believe that money would be awarded to the village in a restitution hearing.

Alexander, who also served as the Town of Pembroke justice, has resigned from office and is barred from ever seeking a court position again. As part of the plea bargain, criminal charges against Alexander where dropped, which included coercion and official misconduct for allegedly harassing another court clerk.

A manhunt is under way in the city for a black male suspect in a burglary which took place on Park Avenue about a half hour ago. Several police units are scouring that area.

A second suspect, also a black male, is now custody. He was carrying a handgun.

The perimeter of the manhunt is approximately Park Avenue on the north, Washington Avenue on the south, and Lincoln Avenue and Lewis Avenue.

UPDATE 12:16 p.m.: Police say the suspect at large may have just gone through yards on Ellicott Avenue.

UPDATE 12:21 p.m.: The suspect has been apprended on Ellicott Avenue. He is described as a light-skinned black male wearing black jeans and a black hoodie. The State Police helicopter and the new K-9 were used in the search and are now back in service.

UPDATE 12:57 p.m. (by Howard): Photos added. As you can see, the suspect is wearing a red hoodie, not black. That's often the nature of hasty eyewitness accounts. Batavia PD plans on releasing more information on the case later this afternoon.

UPDATE 1:14 p.m.: The 22-year-old subject of the manhunt is being taken to UMMC "in handcuffs and shackled" after complaining of right knee and ankle pain.

Park Avenue during the search.

In nearly every respect, the re-sentencing today of Jacquetta Simmons was routine. Matter of fact, perfunctory, even.

Stripped of any discretion in sentencing by the the Appellate Division, Fourth Judicial Department, NYS Supreme Court, when the higher court threw out his previous five-year prison term for Simmons, Judge Robert C. Noonan had little to say in open court before sending Simmons to jail on a one-year term.

The 12-months in county lock-up, likely to be reduced to eight months on good time, was prescribed by the appellate division, which rendered mute in court both of the normally loquacious attorneys for the people and the defense, District Attorney Lawrence Friedman and Buffalo-based private attorney Earl Key.

"The sentence imposed by me previously is obviously the sentence I thought appropriate for this case," Noonan said. "The appellate division has the authority to modify the sentence and has done so. As Mr. Friedman noted, I have no discretion to modify their sentence. Therefore, I sentence you to one year in the Genesee County Jail."

Because the local jail cannot house female inmates, Simmons has been transferred to the Allegany County Jail, one of a half-dozen other jails in neighboring counties that take Genesee County's female inmates.

The county will be billed $85 per day to house Simmons in the Allegany jail, meaning if she serves eight months, county taxpayers will pick up as much as a $20,000 tab for her incarceration.

Simmons, 27-years-old at the time of her crime, was convicted by a jury of peers in August of delivering a roundhouse punch to the face of 70-year-old Grace Suozzi, a Walmart cashier, on Christmas Eve 2011, after arguing with Suozzi about producing a receipt for her prior purchases.

Suozzi has not worked and reportedly rarely goes out of the house since the attack.

Defense attorney Key maintained at trial, and in the appeal, that the punch was accidental and that Simmons was merely pulling her arm away from another store employee as she tried to rush from the store.

The appellate division sided with the jury, with one dissenting vote, even as it decided Noonan's sentence rendered in November was too harsh.

Key and co-counsel Anne Nichols said after court that the justices made the right decision in overturning Noonan's original five-year prison term.

Key said Nichols did extensive research and found no case in the State of New York where a first-time offender who was employed and going to college was given such a harsh sentence on a Class D violent felony conviction.

"There's never been a case that we could find, and the District Attorney's Office sure didn't refute what we said in the paperwork, where anybody has ever gotten five years as a first-time offender," Key said.

Friedman did not want to comment following today's hearing. But after the decision was first announced last week, Friedman seemed to question an appeals process that had little regard for local community standards.

"Having gone through this and seeing the impact this had on Mrs. Suozzi, her family, a lot of people in the community who knew her and cared about her -- all of that is something that is lost in the appeal process," Friedman said. "It's one punch, but more than the physical harm is the emotional harm. It really affected her life as far as her ability to return to work and go out and about. She's a very nice lady and this sentence doesn't do her justice."

In overturning the sentence, Nichols said, the appellate division did apply community standards -- the standards of the entire community of the State of New York.

"That depends what community you're talking about," Nichols said.

"Genesee County," a reporter interjected.

"I think it accurately reflects what more diverse communities are in line with," she continued. "If you look across the state, as we did with the appellate division in getting the stay to begin with, it's very unusual for a first-time offender to receive a sentence of five years incarceration. I did the research myself. I looked at DOCS, and I would say that's almost unheard of. The original result was in line with community standards across the state, for sure."

Asked to respond to the notion that the local Genesee County community is offended by a reduced sentence for a person that viciously attacked an elderly woman who's highly regarded here, Key said the sentence should not be based on who the victim is.

"Should decisions be made based on the victim's character and who the victim is?" Key asked. "So somebody who is less popular in the community, or somebody who is less affluent in the community, then the sentence should have been less, and then because Grace is who she is, then the sentence should be harsher? That's absurd."

Nichols said all of the negative comments about Simmons during the course of this case have come from people who don't even know Simmons.

"Nobody has taken into account what we've been trying to get across from the beginning is that Jacquetta Simmons had absolutely no criminal history," Nichols said. "She worked. She wasn't on public assistance. She had no CPS cases. She is not what everybody in this community has painted her out to be in many comment sections and from the many people I've heard talking in the streets. They don't know who Jacquetta Simmons is and quite frankly they don't care to know who she is."

After the hearing, Simmons was led by a deputy from the court room (top photo) and toward a probable eight months in jail, but outside of court Key made clear the case is not over.

Noonan has awarded more than $2,000 in restitution be paid to Grace Suozzi. Today, Noonan ordered that Simmons begin paying the restitution at a rate of $100 per month beginning in 30 days.

Key said he's going to appeal Noonan's restitution ruling.

"She has to pay restitution for things like high blood-pressure medication and things of that nature," Key said. "For a woman who admittedly never went to the doctor for years prior, one of our arguments is you don't know if she had high-blood pressure before this incident. She wasn't seen by a medical professional, so we definitely plan to appeal the restitution."

The Batavian first broke the story of the Simmons case in 2011. For a complete archive of our coverage, click here.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with identify theft, 2nd, and grand larceny, 4th. Brade is accused of fraudulent use of a debit card. Brade allegedly used the card to purchase items over the Internet. Following arraignment in Batavia City Court, Brade was released under supervision of Genesee Justice.

Douglas Robert Brown, 45, of South Main Street, Elba, is charged with criminal possession of a weapon, 4th. Brown was arrested following an investigation into a complaint of an irate truck driver who made a delivery to Automotive Corp., Inc. Brown was allegedly found in possession of a billy club.

Thomas James Rose, 18, of Ford Road, Elba, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, criminal use of drug paraphernalia and unlawful possession of marijuana. Rose was found to allegedly possess drugs and paraphernalia during an investigation by Deputy Joseph Corona and Deputy Howard Carlson of an incident at a residence in Byron at 2:30 a.m., Saturday.

Arthur Mack Osborne, 47, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Osborne is accused of violating a complete stay away order by going to the residence of the protected person and being in contact with that person.

Paul Joseph Kirch, 27, of Angling Road, Corfu, was arrested on a warrant out of the Town of Amherst related to a disorderly conduct charge. Kirch was located when a deputy checked on a vehicle parked on the shoulder of a roadway. Upon investigation, Kirch was identified as a suspect with an active arrest warrant.

Cynthia Louise Reschke, 50, of Transit Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely. Reschke was stopped at 1:36 a.m. Sunday on Morganville Road, Stafford, by Deputy Joseph Corona.

Stephen A. Getty, 43, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a highway. Getty was stopped at 5:11 p.m. Friday on Main Road, Pembroke, by Deputy Kevin McCarthy.

Louis Levon Wooden, 28, of Salina Street, Rochester, is charged with petit larceny. Wooden is accused of shoplifting at Walmart. Also charged with petit larceny is Tymekia T. Gaskin, 39, of Champlain Street, Rochester.

Ann Lee Cox, 42, of Main Street, Attica, is charged with criminal possession of a controlled substance, driving while ability impaired by drugs, driving while ability impaired by combined drugs and moving from lane unsafely. Cox was arrested following an investigation by Deputy Kevin McCarthy into a single-car accident on Route 98, Alexander, at 4:22 a.m. on Oct. 20.

Emily Grace Lemen, 19, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Lemen was allegedly driving a vehicle at 4 p.m. on Jan. 6 that went down an embankment at the 490 off-ramp at Route 19. The accident was investigated by Deputy Matthew Butler.

Press release:

On January 8, 2014 an armed robbery occurred at 113 Jackson Street in the City. Two suspects both described as black males between the ages of 18 – 24, both wearing face masks, robbed a pizza delivery person at gunpoint.

A delivery had been set up for the address and upon the arrival of the delivery person, the two black males confronted the female delivery person inside the entryway of the building. One of the suspects displayed what appeared to be a handgun and stole (cash) from the female. They then fled the area on foot and were last seen running south on Jackson Street.

Officers combed the area on foot with the assistance of the Genesee County Sheriff’s Office K-9, however were unable to locate the suspects at that time. Detectives were called to scene and processed the scene.

Anyone with information is requested to contact the Batavia Police Department at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370. Information may also be submitted online using at http://www.batavianewyork.com/police-department and clicking on the “Report Suspicious Drug or Criminal Activity” link.

“This type of criminal activity won’t be tolerated” stated Chief Shawn Heubusch, “When, not if, we catch the persons responsible for this act, they will be prosecuted to the fullest extent of the law.”

“I strongly encourage anyone that has any information, however slight, to contact the Police Department and assist us in solving this crime.” Heubusch said. “We need your help to keep our neighborhoods safe.”

A truck driver and a tow truck operator came to the aid of a deputy today after a criminal suspect allegedly trapped the deputy's arm in a rolled up window and dragged the deputy with his car as the suspect tried to drive away.

The truck drivers used their vehicles to pin the suspect's car against a snow bank, giving Deputy Brian Thompson a chance to break the window and subdue the suspect.

Taken into custody was Scott A. Kopper, 36, of East Main Street, Corfu.

The incident began at 11:35 a.m. when Thompson was dispatched to Route 33 in Pembroke to check on a car reported off the road.

Thompson, who has had prior contact with Kopper, recognized the driver and after checking with dispatchers, learned Kopper was wanted by NYS Parole.

Kopper allegedly refused to exit his vehicle, despite numerous requests by Thompson.

When Thompson attempted to stop Kopper from leaving the scene -- his car had been extricated from the snow bank by the tow truck driver -- Kopper allegedly rolled up his window, trapping Thompson's arm.

A witness said Kopper then tried to drive away, dragging Thompson about 100 feet.

With the vehicle rendered immobile, the two truck drivers assisted Thompson in subduing Kopper.

Thompson suffered bruising and minor cuts and scrapes, but escaped serious injury.

Kopper was charged with two counts of assault in the second degree. Additional charges are pending. Kopper was jailed on $25,000 bail.

Kopper is the former owner of WNY Blacktop Sealers.

A pizza delivery driver reports he was robbed minutes ago at gunpoint on Jackson Street near Highland by two black males, both wearing black hoodies.

One had a red scarf on his face.

The two suspects are described as possibly teens and were last seen running down Jackson Street.

They were wearing blue jeans.

Batavia PD is responding.

UPDATE 8:58 p.m.: The robbery occurred at 113 Jackson St. An officer on scene confirms a suspect displayed what the victim believes was a handgun.

UPDATE 11:10 p.m.: Press release from Batavia PD:

The Batavia Police Department is investigating an armed robbery that occurred at 113 Jackson Street.

At approximately 8:50 p.m. on Wednesday January 8th, 2014 a pizza delivery person had been making a delivery at 113 Jackson Street when the delivery person was robbed by an individual who displayed, what was described by the delivery person, as a handgun. The suspect took (the cash) and left the area on foot. No injuries were sustained by the delivery person.

The Genesee County Sheriff’s Office K-9 assisted at the scene.

Anyone with information is encouraged to contact the Batavia Police Department at 345-6350.

Evan Ryan Kotarski, 22, of Oak Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving under the combined influence of drugs and alcohol, unlawful possession of marijuana, leaving the scene of a property damage accident, speed not reasonable and prudent and failure to keep right. Kotarski is allegedly the driver of a vehicle involved in a one-car accident at 11:45 p.m. Sunday on South Pearl Street Road, Oakfield. Kotarski's car reportedly spun out and struck a fire hydrant and a utility pole. Kotarski allegedly fled from the scene, but was located a short distance away.

Tyler Pasquale Schroder, 21, of Lewiston Road, Oakfield, was arrested on a bench warrant for alleged failure to pay the fine on a petit larceny charge. Schroeder was arrested following his release from the Wyoming County Jail on an unrelated matter and taken to Elba Town Court for his alleged failure to pay the fine on a petit larceny charge. He was jailed on $600 bail.

Oscar Enrique Martinez, 31, of Federal Drive, Batavia, was arrested as an alleged fugitive from justice. Martinez was being held at the Buffalo Federal Detention Facility in Batavia and was awaiting deportation. Martinez reportedly has 15 aliases and was being held under the name of Andres Luna-Nogroto. He was identified as by Manatee County, Fla., officials as a subject wanted for alleged sexual battery. Martinez was arraigned in Town of Batavia Court and ordered held without bail pending an extradition hearing.

Carlos Enrique Reyes, 39, of 1259 Lyell Ave., Rochester, was arrested on a warrant for alleged criminal contempt. Reyes was arrested upon his release from the Monroe County Jail, where he was held on an unrelated matter, for alleged failure to appear in Bergen Town Court. Reyes was arraigned and released on condition that he submit to a DNA test and return to court on Jan. 15.

Robert L. Kaufman, 52, of Akron Road, Akron, is charged with trespass and stalking in the 4th degree. Kaufman was arrested following a complaint of harassment reported at 12:40 p.m. Jan. 5 at an undisclosed location in the City of Batavia. Kaufman was jailed on $2,500 bail. No further details released by Batavia PD.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with harassment, 2nd, three counts of endangering the welfare of a child and criminal contempt, 1st. Roman was allegedly involved in a domestic dispute at 11:30 a.m. Saturday at a location on Ellicott Street. Roman was arraigned and ordered held without bail. No other details released by Batavia PD.

Deborah A. Blackmar, 50, of Le Roy, Miranda A. Ralston, 27, of York, and Aaron M. Higgins, 33, of York, are all charged with petit larceny and conspiracy, 6th. Ralston and Higgins are also charged with criminal possession of stolen property. State Police in Warsaw accuse the trio of stealing, on two separate occasions in December, merchandise from the Walmart in Warsaw. The items allegedly stolen include two flat-screen TVs, a Blue Ray disc player, a laptop computer and other items, with a total value of $1,500. Most of the items were allegedly recovered at a residence in York. The Sheriff's offices in Livingston and Genesee counties, along with Le Roy PD, assisted in the 10-day investigation, which culminated in the Dec. 28 arrest of the three suspects.

Donald E. Cameron Jr., 54, of 9200 York Road, Le Roy, is charged with DWI and refusing to take breath test. Cameron was arrested after Le Roy PD was dispatched to McDonald's to check on the welfare of a woman. By the time, officers arrived, the woman had left McDonald's, but was located in a vehicle operated by Cameron. She was fine, but upon further investigation, officers determined that Cameron had allegedly been driving drunk.

Justin Samuel Fagan, 28, of Ellicott Street, Batavia, is charged with assault, 2nd. This is an upgraded charge. Fagan was arrested and initially charged with third-degree assault on Dec. 29 following an alleged incident at the Blue Dog Saloon in Attica. The upgraded charge alleges serious physical injury to the victim.

Michael Christopher Schulz, 31, of Buffalo Street Road, Attica, was arrested on a Family Court warrant. Schulz was arrested by Attica PD on a Family Court warrant and turned over to the Genesee County Sheriff's Office. Schulz was jailed on $2,000 cash bail or $4,000 bond.

Troy Christian Shepard, 31, of Tracy Avenue, Batavia, is charged with petit larceny. Shepard is accused of shoplifting at Walmart.

An off-duty emergency dispatcher says he was apparently in the right place at the right time tonight when two men tried to pull off a heist of drills from Home Depot on Veterans Memorial Drive.

Nate Fix, who is also a Town of Batavia Fire 1st assistant chief and part of the private security detail at Darien Lake on concert nights, said his wife, Kayte, asked him to drive her up to Home Depot to get a knob for a kitchen cabinet at about 7:30 p.m.

While waiting, Fix called the dispatch center with a work-related question. While on the phone he noticed a man run from the big double glass doors of Home Depot carrying several drills.

"I knew something wasn't right because I could see the lights flashing of the alarms going off," Fix said. "The car started rolling before the guy even jumped in it."

Fix immediately informed dispatchers about what he just observed and deputies were immediately summoned to the area.

Fix followed the car and he figures the driver knew he was being followed when the sedan pulled into the parking lot of Office Max, so Fix drove into the car wash just down the road and waited and watched.

Soon, the white sedan zoomed past his location, he said, again heading south on Veterans, so Fix pulled out behind the sedan.

The car pulled into the B.J.'s parking lot and drove behind the building. Fix waited in the parking lot for the car to reemerge.

"The car races past me, races around Applebee's and then races toward Lewiston," Fix said.

By then, multiple patrol units had arrived on scene and blocked the intersection.

According to Fix, the car stopped and the passenger ran from the vehicle, throwing the drills to the ground.

After a short foot pursuit, the suspect was apprehended by a deputy in the area of Arena Parkway.

"I guess all those nights working security at Darien Lake paid off," Fix said. "I stayed calm, though I may have sounded excited on the phone, and reported what I saw and kept the suspect vehicle in sight."

The names of the suspects have not yet been released.

UPDATE 11:14 p.m.: Arrested was Steven Michael Merriam, 25, of South Main Street, Churchville. He is charged with petit larceny and criminal possession of stolen property, 5th. A search of the sedan uncovered other alleged stolen property from a Lowe's store in Amherst.

Investigators are looking for the apparently smiling woman in this photograph from the Walmart in Albion. The woman allegedly used a stolen gift card to purchase a cake at the store.

The gift card was reported stolen at the Walmart in Batavia after the owner's purse disappeared from a shopping cart when it was left briefly unattended in the parking lot while the owner loaded her vehicle with her purchases.

The card was used in Albion at 12:56 p.m., Christmas Eve.

The purse was recovered along the side of the roadway on Route 63 just south of Medina.

Anybody with information that may assist in the investigation is asked to call Investigator Kris Kautz at (585) 345-3000, ext. 3571.

Jacquetta Simmons need only serve one year in jail for punching a Walmart cashier on Christmas Eve, 2011, according to a ruling issued by the the Appellate Division, Fourth Judicial Department, NYS Supreme Court.

The court, in a unanimous decision, found that the five-year prison sentence handed down by Judge Robert C. Noonan on Nov. 14, 2012, was "unduly harsh and severe under the circumstances of this case."

District Attorney Lawrence Friedman said he's disappointed in the decision.

"We felt Judge Noonan's sentence was appropriate," Friedman said. "I thought it was well reasoned. It may have happened before, but I don't recall a sentence of his being reversed in his 17 years of being a judge."

The ruling means Simmons, who became a mother to her first child shortly after an appellate judge stayed her sentence in 2012, is saved from serving any further state prison time. The one-year sentence, likely to be reduced to eight months on good behavior, will be served in a county jail.

That's disappointing, Friedman said, but most importantly, the court upheld the jury's conviction of Simmons.

Attorneys for Simmons argued to the court that the jury's verdict flew in the face of the evidence presented at trial. With a dissent from Justice Rose H. Sconiers, the court upheld the jury conviction.

The jury could reasonably conclude, ruled the majority upholding the conviction, that based on the testimony and video evidence presented, that Simmons did intentionally punch Grace Suozzi.

Sconiers wrote in her dissent that she didn't believe the evidence supported that conclusion, but rather the video supported the defense contention that somebody behind Simmons had grabbed her arm and that she swung away causing her to accidentally strike Suozzi.

Friedman said he was surprised by the dissent and found it baffling.

The Batavian has no means to contact attorneys for Simmons on a Saturday for comment.

In the majority on the conviction, and joining Sconiers in reducing the sentence, were justices Henry J. Scudder, John V. Centra, Stephen K. Lindley and Joseph D. Valentino.

The case is remitted to Noonan's court for formal sentencing. No date has been set yet for re-sentencing and Simmons remains free in the meantime.

The sentence reduction is a real disservice to the victim and her family and the community, Friedman said.

"Having gone through this and seeing the impact this had on Mrs. Suozzi, her family, a lot of people in the community who knew her and cared about her -- all of that is something that is lost in the appeal process," Friedman said. "It's one punch, but more than the physical harm is the emotional harm. It really affected her life as far as her ability to return to work and go out and about. She's a very nice lady and this sentence doesn't do her justice."

The Batavian first broke the story of the Simmons case in 2011. For a complete archive of our coverage, click here.

A 28 year old Le Roy man accused of stealing high voltage wire didn't appear for his sentencing today reportedly because he's been hospitalized at Strong.

Meanwhile, Judge Robert C. Noonan said that he's been notified Michael A. Nicometo, of 45 North St., hasn't reported to Genesee Justice per the terms of his release under supervision since Oct. 30.

In November, a warrant was issued for his arrest.

Nicometo's attorney, Brian Degnan, was given until close of business tomorrow to produce documentation that his client is indeed hospitalized.

"I have no problem picking a date (for Nicometo's next appearance), but if he's at liberty and located, he will be brought in," Noonan said.

Nicometo entered a guilty plea Sept. 20 to one count of third-degree burglary on an Alford basis. An Alford plea means the defendant is not admitting to the crime, just that the evidence, if presented to a jury, would likely lead to his conviction.

He was indicted by a Genesee County grand jury in early September on two counts of burglary, 3rd, and one count of grand larceny, 3rd.

Police arrested Nicometo in March following an investigation into the theft of high voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

The new scheduled sentencing date for Nicometo is 9 a.m., Jan. 17.

Justin Samuel Fagan, 26, of Ellicott Street Road, Batavia, is charged with assault, 3rd. Fagan allegedly punched another person in the head causing that person to lose consciousness while at the Blue Dog Saloon on Attica Road, Darien, at 12:55 a.m. Sunday. Fagan allegedly fled the scene and was later located by a state trooper in Batavia.

Christopher Michael Rheinheimer, 24, of Chick Road, Darien, is charged with DWI, moving from lane unsafely, unreasonable speed and refusal to take breath test. Rheinheimer was reportedly involved in a motor-vehicle accident at 1:29 a.m. Saturday on Attica Road, Darien, which was investigated by Deputy Jason Saile.

Sutton Ken Carhart, 19, of Clipnock Road, Stafford, is charged with unlawful dealing with a child, 1st. Carhart allegedly provided alcohol to several people who were under age 21.

Jacob Michael Risewick, 20, of West Bergen Road, Le Roy, is charged with unlawful possession of alcohol by a person under age 21. Risewick was allegedly in possession of alcohol while at an underage drinking party on Clipnock Road.

Amanda Ashley Stranc, 22, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and moving from lane unsafely. Stranc reportedly observed a motor vehicle accident while driving on Attica Road, Darien, at 1:30 a.m. Saturday, and lost control of her car, becoming involved in a secondary motor-vehicle accident, while attempting to stop and assist the other motorist. The accident was investigated by Deputy Patrick Reeves.

A 17-year-old resident of Lake Street, Le Roy, is charged with unlawful dealing with a child, 1st, and criminal trespass, 2nd. The youth allegedly hosted an underage drinking party at 8341 Harris Road, Le Roy.

Elijah Absalon Seelay, 18, of Old Meadow Road, Rochester, is charged with unlawful possession of marijuana. Seelay is accused of possessing marijuana while at an underage drinking party at 8341 Harris Road, Le Roy.

Mitchell Robert Mulford, 20, of Attridge Road, Churchville, is charged with unlawful possession of marijuana and unlawful possession of alcohol. Mulford was arrested at an alleged underage drinking party at 8341 Harris Road, Le Roy.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is accused of violating a release under supervision contract. Dejesus was jailed on $2,000 bail or $5,000 bond.

Danny Jay Torok, 26, of Dodgeson Road, Alexander, is accused of a violation of a Family Court act. Torok is accused of failure to appear for a scheduled Family Court appearance.

Philip Robert Perry, 27, of Ellsworth Avenue, Batavia, is charged with failure to pay fine imposed by court. Perry is also charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Perry was allegedly found in possession of a controlled substance while being processed into the Genesee County Jail.

Sonya Marie Nashwenter, 30, of North Avenue, Medina, is charged with petit larceny. Nashwenter is accused of shoplifting at Kmart.

Rodney Allen Atkins, 38, of North Avenue, Medina, is charged with petit larceny. Atkins is accused of shoplifting at Kmart.

The following indictments have been issued by the Genesee County Grand Jury:

James P. Garcia, Anthony F. Bovenzi-Ortiz, Michael A. Olivio and Larry E. Fitoria are accused of third-degree burglary for allegedly knowingly entering, or remaining unlawfully, in a store on Veterans Memorial Drive in the Town of Batavia with the intent of committing a crime on June 17. In count two, they are accused of third-degree grand larceny for allegedly stealing property worth more than $3,000. In this case, cell phones and electronic merchandise valued at $9,824.09.

Danny J. Torok Jr. is accused of second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling on Maple Street in the City of Batavia on May 16. In count two, he is accused of first-degree criminal contempt, a Class E felony, for allegedly violating an order of protection by physical menace which intentionally placed, or attempted to place, the protected party in reasonable fear of physical injury, serious physical injury or death. In count three, he is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly intentionally impeding normal breathing or circulation of blood by applying pressure on a person's throat or neck.

Anthony L. Holohan is accused of criminal mischief in the second degree, a Class D felony, for allegedly intending to damage property on Gilmore Road in the Town of Pembroke on July 11. Two windows were damaged, which had a value of $2,260.

Sharnice S. Gibson is accused of criminal contempt in the first degree, a Class E felony, for allegedly intentionally violating an order of protection in the City of Batavia, which required her to stay away from the protected party.

Daniel J. Duryea is accused of allegedly driving while intoxicated on Sept. 1 in the Town of Alexander. He was allegedly driving a 2012 Dodge pickup truck on Route 238 at the time of the incident. In count two of the indictment, he was accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08.

Robert G. Woodhouse Jr. is accused of allegedly driving while ability impaired by drugs, a Class E felony, on Aug. 16 in the Town of Batavia. He was allegedly driving a 2007 Hummer on Route 5 at the time of the incident.

Terry Irene Luczak, 63, of North Spruce Street, Batavia, is charged with DWAI-Drugs and possession of a controlled substance outside of original container. Luczak's vehicle was observed allegedly driving erratically in the City of Batavia and was followed to Target, where the vehicle was reportedly seen striking a handicapped sign in the Target parking lot at 4:07 p.m., Monday. Luczak was arrested following an investigation by Deputy Andrew Hale.

Jenea Marie MacLeod, 29, of Sliker Road, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting at Walmart.

Shannon Marie Denison, 30, of Main Street, Attica, is charged with petit larceny. Denison is accused of shoplifting at Kmart.

Kathleen E. Gonzalez, 51, of West Main Street Road, Batavia, is charged with petit larceny. Gonzalez is accused of shoplifting $30.12 in merchandise from Kmart.

Batavia PD is investigating a possible attempted larceny inside City Centre.

A person, possibly white male wearing a hoodie, grabbed something from a stand inside City Centre. A woman yelled for somebody to call the cops.

The suspect was last seen heading toward State Street.

The property, whatever it was, was recovered.

The victim is declining prosecution, so officers are advised that if the suspect is located, he's to be advised he's no longer allowed in the business.