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Law and Order: DWIs and petit larcenies

By Howard B. Owens

Amy Lynn Showler, 38, of South Manhattan Avenue, Batavia, is charged with petit larceny and trespass. Showler is accused of stealing $7.76 in merchandise from Walmart.

A 17-year-old resident of Main Street, Corfu, is charged with trespass. The youth allegedly entered a residence on Lovers Lane Road without the owner's permission.

Dimetrious Trudell Williams, 24, of Pearl Street, Batavia, is charged with unlawfully dealing with a child. Williams allegedly supplied alcohol to a person under age 21.

Molly Ann Kirsch, 24, of Bonnie Brea Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no passing zone and failure to keep right. Kirsh was stopped at 12:08 a.m. Saturday on Sumner Road, Darien, by Deputy Jason Saile.

Aaron Matthew Zastrocky, 29, of Mill Street, Le Roy, is charged with felony DWI, moving from lane unsafely, speed unreasonable for conditions and no seat belt. Zastrocky was allegedly the driver involved in a motor-vehicle accident reported at 11:18 p.m. Dec. 20 on Lake Road, Le Roy. The accident was investigated by Deputy Joseph Corona.

Joshua David Quaintance, 25, of Byron Road, Bryon, is charged with criminal mischief, 4th. Quaintance is accused of punching the window out of a vehicle on Townline Road, Byron.

Andrei Karpovich, 42, of Ibis Club Drive, Naples, Fla., is charged with harassment, 2nd. Karpovich allegedly slamming the hand of another person in a truck door during an argument at the Flying J at 5:54 p.m. Dec. 18.

Wendy J. Nelson, 44, of Le Roy, is charged with petit larceny. Nelson is accused of stealing from Walmart.

Scott F. McColl, 42, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. McColl was stopped at 10:05 p.m. Thursday by State Police on Black Road, Pavilion.

Deshawn Butler released from jail

By Howard B. Owens
Dashawn Butler

The Batavia resident suspected of being involved in a shots-fired incident Sept. 27 on State Street has been released from jail, free on his own recognizance.

Dashawn Butler was released following an appearance in City Court because the District Attorney's Office was unable to complete a preliminary hearing within the required six days of Butler's arrest.

District Attorney Lawrence Friedman said the people were not ready to proceed with a hearing because a key witness would not be available in time.

Butler still faces charges of reckless endangerment, 1st, a Class D felony, and criminal possession of a weapon, a Class C felony, and second-degree menacing, a misdemeanor.

State law required Butler's release because he wasn't going to receive a hearing within six days. 

Friedman said his office will continue to press those charges against Butler.

Law and Order: Man accused of hitting refrigerator

By Howard B. Owens

Robert J. Barnes, 24, of 5 Raymond Ave., Batavia, is charged with criminal mischief, 3rd. Barnes is accused of punching a refrigerator during an argument reported at 1:09 p.m. on Wednesday. Barnes was jailed on $10,000 bail or $20,000 bond.

Eric D. Mancuso, 19, of 20 Woodrow Road, Batavia, is charged with scheme to defraud, 1st, and falsifying business records, 1st. Mancuso was arrested in early December following an investigation into an alleged larceny at Main St. Pizza Company on East Main Street, Batavia. No further details released.

Beverly E. Gorecki, 76, of Warren Street, Batavia, is charged with petit larceny. Gorecki is accused of stealing $13.36 in bulk candy from Tops on Saturday.

Justin V. Easterbrook, 31, of 13284 Gray Road, Barre, is charged with disorderly conduct, resisting arrest and assault, 2nd. Easterbrook was arrested following an alleged disturbance reported at 12:58 a.m. Saturday at Billy Goat's.

Christina S. Baudanza, 37, of 4036 W. Main Street Road, Batavia, is charged with disobeying a court mandate. Baudanza was arrested while at Sport of Kings on a warrant issued in City Court.

Christopher R. Waite, 24, of 3540 W. Main Street Road, Batavia, is charged with front yard parking. The alleged incident was reported at 11:48 p.m. Dec. 9 at 10 W. Main St., Batavia. No further details released.

Steven A. Gilliatt, 18, of 17 Thorpe St., Batavia, is charged with criminal mischief, 4th. Gilliatt is accused of damaging the property of a person residing on Ellicott Street. The alleged incident was reported at 8 p.m.

Jared E. Avery, 27, of 24 Central Ave., lower, Batavia, is charged with petit larceny. Avery allegedly stole food from Tops at 5:30 a.m. on Dec. 5.

Rebecca A. Edwards, 20, of 45 Central Ave., Batavia, is charged with unlawful possession of marijuana and motor vehicle lights that don't meet standards. Edwards was stopped at 12:11 a.m. Dec. 6 on West Main Street by Officer Jason Ivison.

Dorsie McGill Jr., of 48 Buell St., upper, is charged with criminal obstruction of breathing or blood circulation. McGill is accused of putting another person in a choke hold during an alleged incident reported at 12:06 a.m. Nov. 28 on Bank Street.

Gerald E. Nicholson, 47, of 107 Harvester Ave., Batavia, is charged with disobeying court mandate. No further details released.

Richard James Burdick, 35, of Coward Road, Batavia, is charged with petit larceny. Burdick was charged after he allegedly returned an $18 Christmas tree to Walmart he had not purchased from the store.

Kristen Antwan Miller, 32, of Linda Drive, Hinsdale, N.H., was arrested on bench warrants out of Town of Batavia Court for grand larceny, 4th ,and falsifying business records, 1st. Miller allegedly failed to appear for a scheduled court appearance Sept. 29. He was arrested in New Hampshire on Nov. 20. He was charged as a fugitive from justice and released from custody on a promise to appear in Batavia on Nov. 22. Miller allegedly did not appear on that date. He did appear Dec. 10 and was jailed on $2,500 bail.

Andrew Lucas Kosiorek, 41, of Bank Street, Batavia, was arrested on a warrant related to a charge of failure to pay fine/restitution. Kosiorek was in jail on an unrelated matter and was arrested on the warrant. He was also arrested on a warrant for alleged failure to pay fine on a DWI charge. Kosiorek remains in custody.

Heather Louise Cooper, 37, no stated address, was arrested on a warrant for petit larceny. The warrant was issued in Orleans County and she was turned over to the Orleans County Sheriff's Office.

Law and Order: Driver charged with DWI following accident on Perry Road, Le Roy

By Howard B. Owens

Duane Lewis Garlow, 29, of 110 Woodcroft Drive, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater, unreasonable speed in a curve and unsafe lane change. Garlow was charged following a motor-vehicle accident at 12:33 a.m., on Perry Road, Le Roy. Garlow's vehicle reportedly struck a stop sign and utility pole after failing to negotiate a curve in the roadway. The accident was investigated by Deputy Frank Bordonaro.

Emma Jean Brinkman, 58, of Batavia, is charged with petit larceny. Brinkman is accused of shoplifting from Walmart and stealing $43.23 in merchandise.

Eva Gristina Hernandez, 23, of Spencer Court, Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from Kmart and stealing $41.58 merchandise.

Law and Order: Woman accused of carrying expandable baton in purse

By Howard B. Owens

Stephanie Ann Bonin, 19, of Ross Street, Batavia, is charged with criminal possession of a weapon, 4th. Bonin was arrested following an incident reported at 1:24 p.m., Dec. 6, at 4330 Commerce Drive, Batavia. She was allegedly found in possession of an expandable metal baton in her purse.

Joshua John Lein, 34, of Kibbe Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and criminal possession of a controlled substance, 7th. Lein was stopped at 1:12 a.m., Saturday, on West Main Street, Batavia, by Deputy Joseph Corona.

Raymond W. Schramm, 27, of East Pembroke, and Marla A. Mugler, 24, of Batavia, are each charged with harassment, 2nd. Schramm and Mugler were arrested by State Police in connection with an alleged incident reported at 3:45 p.m., Dec. 9. No further details released.

Local woman accused of falsely reporting robbery at gentlemen's club in Florida

By Howard B. Owens

An Alexander woman has been taken into custody on a warrant out of Florida where she's accused of falsely reporting that $800 was stolen from her as she left work at a gentlemen's club.

Stacey Michelle Raines, 24, of Gilhooly Road, Alexander, was arrested by deputies Wednesday.

According to an arrest affidavit issued in Duval County Court, Fla., Raines reported earlier this month that she was a victim of a strong-arm robbery at her place of employment, Wacko's Gentlemen's Club.

Raines allegedly claimed that she was leaving work early in the morning Dec. 1 when an unknown black female coworker pulled her by her hair out of her 2004 gold-colored Chevy Malibu and punched her in the back of the head.

She allegedly told a police officer that the woman said "thank you" after taking her $800.

The officer spoke with Raines after he had responded to her residence at the Pinebrook Apartments to take a missing person report after somebody apparently reported Raines missing.

In order to confirm her alleged contention that Raines was robbed, the officer went to Wacko's Gentlemen's Club and reviewed surveillance video and interviewed the manager.

According to the investigation, Raines had not clocked into work since Nov. 29. The video showed no such incident in the parking lot, and a fellow police officer who happened to respond to the same location at the same time as the alleged robbery on an unrelated call had seen nothing.

The officer then returned to the Raines residence to interview her again. The officer reported that Raines would not open the door and "spontaneously insinuated that she was under arrest, that she had 'the right to remain silent' and refused to open the door to speak with the officer."

According to the officer, the husband stood on a second-floor balcony and spoke with the officer, refusing to come outside.

During the conversation, Raines reportedly yelled at her husband, "Get back inside and ---- them" and demanded that the police leave the property.

Raines is charged in Florida with falsely reporting a crime. She is being held locally while awaiting extradition to Florida.

Alabama man, accused of molesting two children, convicted on 28 counts of sexual abuse

By Howard B. Owens

An Alabama man was convicted of child sexual abuse by a Genesee County jury this morning following a nearly two week trial.

Earl Francis Sprague, 42, of 1366 Church St., Alabama, was indicted by a grand jury on 28 criminal counts of sexual abuse as well as three counts of criminal contempt.

The jury returned guilty verdicts on those 31 counts. He was found not guilty of criminal solicitation, which stemmed from an allegation that he tried to hire a hit man to take out a witness against him.

Sprague still faces a possible trial on additional felonies contained in another grand jury indictment, including predatory sexual assault, two counts of first-degree burglary, first-degree sexual abuse, assault, 1st, and four counts of criminal contempt, 2nd.

Sprague was tried on charges that he repeatedly molested two children in 1997, 1999 and in 2001.

Man wanted in connection with shots fired incidents arrested at home on Walnut Street

By Howard B. Owens
Dashawn Butler

The man who might be described as Batavia's most wanted fugitive has been taken into custody this morning.

Dashawn Butler, 34, was arrested at 8:45 a.m. when police located him at 38 Walnut St., Batavia, while assisting NYS Parole with another person sought by parole officers.

His is charged with a felony stemming from an alleged shots-fired incident Sept. 27 on State Street. He's also a person of interest in a report of shots fired Oct. 8 on Jackson Street.

Butler was taken into custody without incident, Officer Eric Hill said, arraigned in City Court and jailed on $25,000 bail or $50,000 bond.

The investigation is continuing.

UPDATE: According to a press release from Batavia PD, investigators received information that Butler might be at 38 Walnut with Harvey Lockhart, 31, who was wanted by NYS Parole. Butler is accused of firing a handgun at another person at 117 State St. Police received several tips after police released information that there was a warrant out for Butler's arrest. Butler is charged with reckless endangerment, 1st, a Class D felony, and criminal possession of a weapon, a Class C felony, and second-degree menacing, a misdemeanor. "This arrest is the result of good police work, cooperation amongst police agencies and citizen input," said Chief Shawn Heubusch. "This type of criminal activity will not be tolerated in the City. Every resident deserves to live in a safe neighborhood and be able to walk the streets without fear. The witnesses and residents who assisted the officers with piecing this case together should be commended for their actions. Every bit of information was valuable during this investigation." Additional tips can be called into Batavia PD through 9-1-1 or the department's confidential tip line at (585) 345-6370.

'Pharoah' ready to work when needed for the next year

By Howard B. Owens



Sheriff's Office K-9 "Pharoah" is nearing the end of this career, and while he no longer works every day, he is available when needed and handler Brian Thompson hopes that's the case until October of 2014.

Pharoah's successor, Destro, and new handler Deputy Chris Erion, graduate from the K-9 Academy on Dec. 17.

The former Niagara County police dog was recently recertified, Thompson said, and that certification expires in October.

Thompson said it will be good for Destro to work with the older, more experienced dog once in awhile, and besides, Pharoah does like to work. It will drive him a little crazy just to sit at home.

"I'll have to work with him more in my off time," Thompson said. "Not letting him work would be like putting an ADD child in a room with one block and telling him to have fun."

Pharoah was put to work today when K-9s from the State Police and Livingston County were not available to help search for a burglary suspect on Batavia Bethany Townline Road.

A house was broken into and the homeowner returned to the burglary in progress and only heard the back door close as he entered the house.

Deputies were on scene quickly, but no suspect was spotted.

Thompson said he found only one possible suspect footprint and Pharoah didn't pick up a scent trail to follow. Thompson said it's probable that the burglary had a car nearby and was able to make a quick exit from the area.

"He's a good dog," Thompson said. "He's ready to work if he's needed. He would have found this guy if he was out there to find."

Baby Jesus stolen from steps of All Babies Cherished

By Howard B. Owens

What's missing from this picture? Try, Baby Jesus.

Believe it or not, somebody actually stole Baby Jesus from the nativity on the steps of All Babies Cherished at 445 Ellicott St., Batavia.

Director Tammy Arneth's one wish for Christmas is just to get the Baby Jesus back.

"We survive just on donations," Arneth said. "I need to spend our money on diapers and baby formula. I can't justify buying another Baby Jesus."

All Babies Cherish is a faith-based organization that is supported by local churches. The goal is to assist women who have chosen to give birth to a child rather than get an abortion.

Arneth has been with the agency for 15 years.

She's shocked that somebody would steal their Baby Jesus. While she filed a police report, she said she isn't looking to get anybody in trouble. She would just like to see Baby Jesus returned.

(NOTE: This is among the stories lost to a server glitch. I was able to recover a copy of the story from Google's cache, but the original group of comments are lost.)

Law and Order: Alleged drunken driver accused of hitting two parked cars at Batavia Downs

By Howard B. Owens

Pamela Morrow, 53, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. At 8:35 p.m., Sunday, Sheriff's Dispatch received reports of an erratic driver heading west on Route 5 through the City of Batavia. The car reportedly moved right several times and struck curbing. A witness reported the car turning left on Park Road about the time Sgt. Ron Meides was leaving the Sheriff's Office complex, though Meides did not see the vehicle. The car proceeded to the Batavia Downs parking lot where Meides located the car a short time later. Two witnesses told Meides that they had seen the car strike two parked vehicles before parking. Meides located Morrow inside Batavia Downs and brought her back to the car.

Frank Lynn Morrison, 32, of Bridge Road, Elba, is charged with sexual abuse, 2nd, and endangering the welfare of a child. Morrison is accused of subjecting a female child under age 14 to sexual contact. Morrison was jailed on $15,000 bail.

Lorraine Ellen Pillo, 48, of Summit Street, Batavia, is charged with petit larceny. Pillo is accused of shoplifting from Walmart.

Marion Jermaine Spivey, 31, of Elmhurst Place, Buffalo, is charged with harassment, 2nd. Spivey is accused of punching another person in the face while at the Clarion Hotel in Batavia at 6 p.m., Nov. 30.

Kevin J. Compton, 52, of Clipnock Road, East Bethany, is charged with resisting arrest and harassment, 2nd. Compton was arrested by State Police for an alleged incident reported at 4:56 p.m., Nov. 24. No further details released.

Burglary suspects in Orleans County may also have hit Oakfield homes

By Howard B. Owens

Four men accused of burglaries in Albion, Medina and Lockport are also potential suspects in a series of burglaries in Oakfield in September and October.

The Orleans County District Attorney's Office announced the arrests today, according to Orleans Hub.

None of the suspects have been charged yet in Genesee County.

Chief Deputy Jerome Brewster congratulated the job done by law enforcement in Orleans County, but said the local cases are under review by Genesee County District Attorney's Office. Local charges may yet be filed.

From Orleans Hub:

Albion Police Chief Roland Nenni said the four were persons of interest in the crimes before their arrests. Police from Albion, Medina Lockport and the Genesee County Sheriff’s Department were in daily communication, sharing information and gathering evidence.

“Criminals don’t follow jurisdictional lines and neither do we,” Nenni said at a news conference at the Village Hall. “We became one big sheriff’s department or police department.”

The arrestees are:

  • Jonathan Banks, 21, of 4886 S. Townline Road, Medina, faces 10 counts of second-degree burglary, one count of attempted burglary and attempted robbery in the second degree, six counts of grand larceny, seven counts of petit larceny, three counts of attempted petit larceny, and four counts of fourth-degree criminal mischief. He is held in Niagara County Jail on $160,000 bail.
  • Isaiah Bonk, of 531 E. Center St., Medina, faces nine counts of second-degree burglary, one count of attempted burglary in the second-degree, six counts of fourth-degree grand larceny, seven counts of petit larceny, three counts of attempted petit larceny, and four counts of criminal mischief in the fourth degree. He is held in Orleans County Jail on $50,000 bail.
  • Jasper Lloyd, 20, of 107 E. Bank St., Albion, was charged with two counts of second-degree burglary, two counts of fourth-degree grand larceny, two counts of grand larceny and one count of criminal mischief in the fourth degree. He is in Orleans County Jail on $50,000 bail.
  • Thomas Shingleton, 36, of 177 Bates Road, Medina, has been charged with one count of attempted burglary in the second degree and one count of attempted petit larceny. He is in Orleans County Jail on $20,000 bail.

Law and Order: Two apparently homeless men arrested in garage on South Main

By Howard B. Owens

Andrew Lucas Kosiorek, 41, no address provided, is charged with criminal possession of a controlled substance, criminal trespass, 3rd, and obstruction of governmental administration. Kosiorek was arrested after being allegedly located in a garage on South Main Street at 12:30 a.m., Nov. 28. Kosiorek allegedly tried to flee from police at the time of his arrest. Upon being taken into custody he was allegedly found in possession of a controlled substance. He was jailed on $2,500 bail. Also charged with criminal trespass was Damien R. Graham, 41, no residence.

Norman S. Malkimos-Gonzalez Jr., is charged with menacing, 3rd. Malkimos-Gonzalez is accused of threatening to shoot another person while in the area of 85 Main St., Batavia, at 4:10 p.m. on Nov. 22. Malkimos-Gonzalez was later located in the area of Ellicott and Jackson and taken into custody. No weapon was found.

Morgan L. Cox Jr., 21, of 119 State St., #4m Batavia, is charged with criminal intent to damage property and harassment, 2nd. Cox was arrested following an investigation into an alleged domestic incident at 12:59 p.m., Nov. 28.

A 16-year-old resident of West Main Street Road, is charged with petit larceny. The youth is accused of stealing $85.07 in merchandise from Tops.

Thomas W. Morey Jr., 38, of 10631 Main St., Alexander, is charged with criminal possession of a weapon, 4th. Morey was allegedly found in possession of two firearms during a traffic stop at 6:26 p.m. Nov. 25 on West Main Street, Batavia, by Officer James DeFreze. Morey reportedly has a prior felony conviction.

Christina S. Baudanza, 37, of 154 Jackson St., Batavia, is charged with disobeying a mandate. Baudanza was arrested following an investigation into an alleged domestic incident.

Matthew A. Beccue, 44, of 4 Elm St., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a public highway. Beccue was stopped at 8:32 p.m. Nov. 22 on East Main Street, Batavia, by Officer Chad Richards.

Taraleen T. Tundo, 29, 10901 Marsh Road, Bethany, is charged with criminal possession of a controlled substance. Tundo was allegedly found in possession of suboxone without a prescription during a traffic stop at 12:40 p.m. Nov. 21 on Ellicott Street, Batavia, by Officer John Kirbis.

Antonio Lester James, 22, of Avenue A, Rochester, was arrested on a bench warrant. He is accused of failure to appear in County Court on a grand larceny, 4th, charge. James was being held in Monroe County Jail and turned over to the Sheriff's Office. James was arraigned in County Court and sentenced by Judge Robert Noonan to a state prison term.

George A. Booth, 50, of Rural Route 1, Hinton, W. Va., was arrested on a warrant stemming from a criminal possession of a forged instrument charge. Booth was arrested in West Virginia and extradited to New York. He was arraigned in Town of Alexander Court and jailed on $5,000 cash bail.

Timothy R. Benbynek, 48 of Corfu, is charged with trespass. Benbynek was arrested at 816 Gabbey Road, Pembroke. No further details released.

William H. Englert, 47, of Caledonia, is charged with DWI. Englert was stopped at 9:55 p.m. Dec. 1 on Bernd Road, Le Roy, by State Police.

Allissa A. Fodge, 23, of Bergen, and Megan C. Marchese, 26, of Bergen, are both charged with grand larceny, 3rd. The alleged incident was reported Oct. 18. Fodge and Marchese were arrested by State Police. No further details released.

Early morning foot patrol downtown yields underage drinking arrest

By Howard B. Owens

While on routine foot patrol in the early morning hours Batavia PD Officer Todd Crossett came across four people who appeared to be hiding at a location on Center Street and fled on foot when Crossett approached.

Back-up patrols arrived on scene and the youths were quickly located.

One 18-year-old, Steven Gilliatt, was charged with consumption/possession of alcohol under age 21. According to Chief Shawn Heubusch, Gilliatt admitted consuming the beverage throughout the night.

None of other youths reportedly with Gilliatt were charged.

Spouses involved in confrontation with police in Le Roy sent to jail

By Howard B. Owens

The Meads, Donald and Elaina, will each serve six months in jail for their part in a confrontation with police June 17, 2012 at 21 Maple Ave., Le Roy.

Judge Robert C. Noonan said because of the dangers stemming from their actions he would have been inclined to send them both to prison save the outpouring of support from friends and family.

"The letters I've received (about three dozen), it's obvious to me you were not the person that day that you have been for the other 51 years of your life," Noonan told Donald. "You are the patriarch of a very tight-knit family. You've done a very good job of raising seven children, of whom five have challenges in life that many people do not have.

File photo: Arrest of Elaina Mead
June 17, 2012

"Two of the hardest jobs in America," Noonan added, "are being a parent and being a police officer and those two things came squarely face to face at your house that day."

For all of their family values, Noonan told Elaina, there is another value the Meads should teach their children and 11 grandchildren: let police officers do their jobs.

"Teach them the value that if a police officer shows up and advises somebody he is under arrest, stay out of it," Noonan said. "Let the police officers do their job.

"I'm not naive enough to believe police officers are always right," Noonan added. "I know sometimes they are wrong, but those are issues that can be rectified at another time and not by disobeying orders and bring out knives and interfering with them while they're conducting their jobs."

After six months in jail, the spouses will spend five years on probation.

Donald and Elaina Mead were arrested on Father's Day after Deputy Matthew Butler went to their residence to talk to their son Micheal.

According to statements in court today by Assistant District Attorney Kevin Finnell, Butler had been trying to work with Michael to resolve a Family Court matter, giving, Finnell said, Michael every chance to clear up the matter. But after Butler spoke with Michael that day and found that Michael couldn't produce the paperwork necessary to prove he hadn't violated a court order, Butler told Michael he was under arrest.

At that point, according to Finnell, Donald Mead slammed the door against Butler and slammed it against him several times, causing Butler to suffer minor injuries.

The confrontation then spilled out of the house and, according to Finnell, Elaina emerged from the house with a kitchen knife and held it to the chest of Butler.

Officer Emily Clark knocked the knife from Elaina's hand, sustaining a minor cut, according to official accounts.

Elaina Mead has maintained that she dropped the knife when she came out of the house.

Both Elaina and Donald entered their guilty pleas -- Elaina to menacing a police officer and Donald to attempted assault -- on an Alford basis, meaning they have not admitted to the factual allegations just that a jury would likely find them guilty if their cases went to trial.

To Noonan, he said, Elaina has shown a lack of remorse for her actions. In September, Elaina entered a guilty plea but after reviewing the pre-sentencing report, Noonan said he couldn't go along with the plea arrangement that would have allowed for a six-month jail term and probation. He said at the time, he didn't think the sentence was appropriate given the seriousness of the allegations and Elaina's unwillingness, he said, to accept responsibility for her actions.

"When I read the pre-sentence report (in September), it's clear that you showed absolutely no remorse," Noonan told Elaina. "You were not at all apologetic for the very dangerous situation you created. Now I've read a whole lot more about you and I'm glad I have a better picture of who you are. You obviously have strong family values and strong family support. You have done an extraordinary job of keeping a family together in difficult circumstances."

The fact, however, that by interfering with police officers trying to make an arrest, the Meads created a situation, Noonan said, that could have led to serious, if not fatal, injuries either for the officers or the Meads themselves. For that reason, Noonan said, some jail time was appropriate for both defendants.

Finnell said both Butler and Clark, as victims in the case, asked that the Meads be given some jail time.

Elaina declined to speak in court, but her attorney, Thomas Burns, said she has expressed regret for the events of June 17.

"There's no doubt in my mind, at least, that she wishes if she could have one day for a do over, that would be the day," Burns said. "She did not intend to cause injury. I do believe she acted irrationally and she should not have endangered anybody or had any contact with police when they attempted to subdue her son and attempted to take him away under arrest."

Donald said he regretted what happened June 17.

"If I could go back to that day and live it all over again, I would do things differently," Donald said. "I didn't intend for anybody to get hurt, especially an officer. I wish I could live that day over again. I keep going over and over it in my head. If I could, I wouldn't have to come here and waste anybody's time. I keep thinking what I could have done differently."

Previously:

Grand Jury indicts man for first-degree sexual abuse of child under age 11

By Billie Owens

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

Patrick E. Sewar is indicted for first-degree sexual abuse, a Class D felony, for allegedly subjecting another person under the age of 11 to sexual contact on June 24 in the Town of Darien.

Saul D. Standsblack is indicted for second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling on Bloomingdale Road in the Town of Alabama on Oct. 13 with the intent to commit a crime.

Michael B. Kropp is indicted for driving while intoxicated, a Class D felony, for allegedly operating a 1995 Ford on June 17 on Freeman Road and Ivison Road, Town of Byron, while intoxicated. In count two, he is further accused of aggravated driving while intoxicated, also a Class D felony, for allegedly having a BAC of .18 or more at the time. In count three, he is indicted for aggravated unlicensed operation in the first degree, a Class E felony, for operating a motor vehicle at the time of the incident while knowing or having reason to know that his driving license was suspended, revoked or otherwise withdrawn, and the defendant was driving while allegedly under the influence of drugs or alcohol.

Police trying to locate black Chevy Silverado involved in hit-and-run accident

By Howard B. Owens

Police have yet to identify the driver involved in a hit-and-run accident around 5:20 p.m. on Nov. 22 on Liberty Street near Ellicott Street.

A black Chevy Silverado struck two vehicles and fled the scene. Both struck vehicles sustained significant damage. No serious injuries were reported.

A witness described the suspect vehicle as an extended cab, possibly late 1990s or early 2000 with 4x4 written on the side. The truck would have sustained damage to its front and back. A partial plate of 14196 or 14197 with a letter A in it. The driver is described as a white male with dark blond hair and facial hair, approximately in his 30s. He is possibly 5'8" to 6' tall and about 200 pounds.

Anybody with information that may assist in the investigation can contact Batavia PD at (585) 345-6350.

Le Roy PD looking for stolen go-cart

By Howard B. Owens

Le Roy PD is trying to determine who stole a two-seat go-cart from inside the old Jell-O factory on North Street.

The go-cart was stolen some time during the last week of October, probably during nighttime hours.

Anybody with information to assist with the investigation are asked to contact Le Roy PD at (585) 345-6350.

The photo is a stock photo of a go-cart that is a similar make, model and color.

UPDATE. Press release from Le Roy PD:

The missing go-cart stolen from North Street in LeRoy has been identified as the go-cart found on October 10, 2013 by a golfer behind the LeRoy Country Club Golf Course. The go-cart is currently in the possession of the Genesee County Sheriff’s Office and arrangements are being made to return the go-cart to the owner.

The perpetrators of this crime are still outstanding.

Law an Order: Bergen resident accused of passing forged check

By Howard B. Owens

Dustin Michael Locicero, 29, of Gibson Street, Bergen, is charged with forgery 2nd. Locicero was arrested following an investigation into a complaint of a stolen check and its forged use at a location in the City of Batavia. Locicero was jailed without bail.

Thomas E. Newcomb, 42, of 27 E. Main St., Le Roy, is charged with harassment, 2nd, and endangering the welfare of a child. Newcomb is accused of striking a woman in the face with his hand during an argument.

Brandon David Gendron, 25, of Judge Road, Basom, is charged with unlawful possession of marijuana, uninspected motor vehicle and failure to keep right. Gendron was stopped at 11:25 p.m. Fridayon Fotch Road, Stafford, by Deputy Joseph Corona.

Stephen Joseph Peters, 18, of Wyoming Road, Warsaw, is charged with petit larceny. Peters accused of shoplifting from Walmart.

David William Buchholtz, 54, of North Spruce Street, Batavia, is charged with petit larceny. Buchholtz is accused of shoplifting from Walmart.

Harry Lee Flatt, 68, of Fruit Avenue, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and moving from lane unsafely.

Donald Anthony Irwin, 43, of Main Road, Stafford, is charged with criminal possession of a weapon. Irwin was allegedly found in possession of a metal knuckle knife following a property damage accident at 9:12 p.m. Thursday in the Walmart parking lot.

Michael J. Wall, 39, of Oak Orchard Road, Elba, is charged with criminal obstruction of breathing and endangering the welfare of a child. Wall was arrested following an investigation into an alleged domestic incident reported at 6:40 a.m., Nov. 23.

Christopher Brian King, 22, of Pearl Street Road, Batavia, is charged with petit larceny. King is accused of ordering food at the Denny's in Pembroke and leaving without paying for the food.

Dana Robert Devin Cipra, 21, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Cipra was arrested following a traffic stop at 12:47 a.m. Thursday on Route 77, Corfu, by Deputy Joseph Corona.

Danielle M. Stevens, 37, of Ford Road, Elba, is charged with petit larceny. Stevens was arrested after a check of video surveillance footage indicated she allegedly stole two vacuums from Walmart.

Robert Allen Norway, 40, of Lake Avenue, Rochester, is charged with violation of a Family Court order. Norway was arrested on a warrant out of Family Court.

Suspect says 'out of control' addiction to crack cocaine led to robberies

By Howard B. Owens

Mark Maltese Robert Grant

In a statement admitting to all three robberies in Batavia and Oakfield over the past week, suspect Mark J. Maltese said the $550 he said he got in the three heists all went to buy crack cocaine, which he said he smoked as soon as he bought it.

Maltese signed a sworn statement in which he he acknowledges his right to remain silent and consult an attorney before talking with police.

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Maltese was arrested early this morning after Batavia police, with back-up from Sheriff's deputies and state troopers, responded to a report of a break-in at the Rent-a-Center at 4152 W. Main St., Batavia.

A worker at a nearby business heard the glass break and called 9-1-1. He took a picture of the suspect's vehicle and was able to provide police with a direction of travel.

The suspect vehicle was located, according to police, at a location on Colonial Boulevard.

A person at that address told police that Maltese and Robert C. Grant carried a large-screen TV into the basement.

In a press conferance at Batavia PD headquarters this morning, Chief Deputy Jerome Brewster, Sheriff's Office, said a birthday party was being held at the residence on Colonial Boulevard.

Chief Shawn Heubusch
during press conference

During the subsequent investigation, law enforcement reportedly uncovered evidence that tied Maltese to three recent robberies early Thursday morning at the Best Western on Park Road, early Friday morning at the 7-Eleven in Oakfield, and early Sunday morning at the Days Inn on Noonan Drive, Batavia.

In the first two robberies the suspect displayed what appeared to be a semi-automatic handgun. At the robbery Sunday, the suspect threatened the Days Inn clerk with a shotgun.

On Friday, while a deputy was pulled over to the side of the road in the area of the bridge over the Tonawanda Creek in Bushville, a person on a bicycle approached and said, "Look what I found," according to Brewster.

It was a silver BB gun and upon comparison with the gun seen in the video of the 7-Eleven heist, investigators determined it was a likely match.

In his statement to Investigator Ron Welker, Maltese admits to using a silver BB gun in the first two robberies. He said he disposed of the gun after the Oakfield robbery in the area of the bridge on Route 5 near the Willow Bend Inn.

Maltese, 43, of 29 Dellinger Ave., Batavia, was charged in City of Batavia, in the Town of Oakfield and the Town of Batavia with robbery in the second degree.

Both Maltese and Grant, 52, of 2444 Angling Road, Pembroke, were charged with burglary, 2nd, in connection with the alleged break-in at Rent-a-Center, where they allegedly tried to make off with a two large screen TVs and a fake fireplace.

Justice Tom Williams set bail in the Town of Batavia case for Maltese at $25,000 cash or $50,000 bond. 

According to Maltese's statement, he drove his girlfriend's green Toyota Camry to the Best Western on Park Road and entered wearing jeans, a black hoodie with "Army" on it, black gloves, a black knit cap, black and red Nike sneakers and a red bandana covering his face. 

He said he walked up to the clerk and pulled out his BB gun and said, "Gimme all your money."

The clerk said, "are you kidding me?" and repeated the question several times. Maltese said he told her he was serious. "This is a robbery."

In her statement to police, the clerk said the suspect told her, "I will shoot you if you don't give me all the money."

The clerk retrieved the money from the cash drawer, he said, and gave it to him and he fled the hotel returning to his residence on Dellinger.

He said he "went up into the attic to figure out what I was going to do next. I then took the money that I got from the robbery which was around $300 and went and spent the entire amount on crack cocaine, and smoked all of it that same night."

Sheriff Gary Maha
during press conference

For the 7-Eleven robbery, Maltese said he wore jeans, a brown hoodie "with some design on it," black gloves, a knit hat, black and red Nike sneakers and a purple bandana covering his face.

He demanded the money in the drawer, got it and left.

He said he spent the entire $50 take on crack cocaine and smoked it all that night.

After the robbery he disposed of the BB gun.

For the Days Inn job, Maltese said he wore jeans, a black hoodie with "New York" on it, black gloves, a knit Sabres hat, black and red Nike sneakers and a black bandana covering his face.

He said he pointed a loaded shotgun at the clerk.

In a statement, the Days Inn clerk said he was frightened during the robbery.

"He said if I pushed any buttons or called anybody, he would shoot me," the clerk said. "I gave him the two drawers. A cash drawer and the change drawer. He pulled the money out the drawers and took the coin holder, too. He then left. He told me as he was backing out the door, that if I called anybody he would come back and shoot me. What scared me was that I actually looked at him."

Maltese said he got away with about $200 and immediately purchased crack cocaine and smoked it all that night.

In his statement, he said Investigator Welker showed him the Nike sneakers, the silver BB gun and a metal coin tray, all of which Maltese said he identified as associated with his robberies.

He said he destroyed the rest of the clothes he wore on those three nights.

Sheriff Gary Maha said the arrest of Maltese demonstrates how closely local law enforcement agencies work together to solve crimes and credited both the investigation that had taken place prior to this morning's Rent-a-Center break-in and the willingness of a witness to contact police and provide detailed information.

Brewster also praised this morning's witness.

"That witness was crucial in identify that vehicle and leading to the arrest of these suspects," Brewster said.

The use of fire arms in robberies create all kinds of dangers for victims, police officers and suspects, Brewster said. A police officer who sees a suspect with a BB gun is likely to believe it's a loaded handgun, he noted.

"We think the danger factor was very high in this case," Brewster said.

The admission by Maltese that his alleged robbery spree was driven by a need to feed a crack cocaine habit and that he had moved up, in a manner of speaking, from using a BB gun to a shotgun, tends to make his timely capture all that more critical, Chief Shawn Heubusch said.

"Any time you have somebody who is addicted to narcotics or doing these types of crimes to feed a habit, it tends to escalate," Heubusch said. "There is a pattern of starting with smaller crimes and getting more serious. It's very concerning. Of course, I can't predict what he would have done next."

Investigators are still trying to determine if Grant or maybe even another person was involved in the robberies, Maha said.

It's possible, according to investigators, the robbery suspect did not drive himself to and from the commission of the crimes.

The investigation is ongoing and additional charges are possible.

Top Photo: Maltese following arraignment in Town of Batavia Court.

Below are photos submitted by Joanne Shriver, owner of Expert Mitigation Services, the company called in to board up the broken window at Rent-a-Center this morning.

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