crime

A caller on Broadway Road in Darien reports that a blue and silver limousine out of Buffalo stopped in front of her house and several of its passengers got out and urinated on her lawn before continuing their journey eastbound on Route 20.

A caller to dispatch reports seeing a man driving a black sports car with the number 1 on the back of it forcibly put a female standing roadside into his car and drive off. She is wearing a pink shirt. The vehicle was last seen heading west on R. Stephen Hawley Drive toward Bank Street Road.

UPDATE 12:45 p.m.: This may be a related to an incident which occurred earlier on Norton Road. The female is also said to be Hispanic and wearing flowered pants. The vehicle may be a dark-colored Grand Am.

UPDATE 1:27 p.m.: Responders are back in service. They did not locate the vehicle.

Kyle Justin James Jackson, 21, of Slusser Road, Batavia, is charged with aggravated harassment. Jackson, while incarcerated in the Genesee County Jail, allegedly threw a plastic cup containing feces at a corrections officer. Jackson remains in jail on other charges.

Sandra Rae Marceill, 66, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, driving too slow/impeding traffic and moving from lane unsafely. Marceill was stopped at 11:04 p.m. Aug. 9 on Main Road, Stafford, by Deputy James Diehl.

David Michael Jackson, 36, of Lake Road, Pavilion, is charged with forcible touching, endangering the welfare of a child and sexual abuse, 3rd. Jackson is accused of touching the intimate parts of a person less than 17 years old.

April Lynn Walradt, 36, of Westcott Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Walradt was allegedly the driver in a motor-vehicle accident reported at 1:18 a.m. Thursday on Westcott Road, Le Roy. The accident was investigated by Deputy Matthew Fleming.

David Alexander Bramblett, 44, of Chapin Street, Canandaigua, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, unlicensed driver. Bramblett was stopped on Route 77 in Corfu following a report of an apparently intoxicated driver from a witness on the Thruway. Bramblett was stopped at 4:19 p.m. Tuesday by Deputy Eric Seppela.

A person reportedly tossed a cat out of the window of a moving vehicle in the vicinity of Darien Lake Theme Park. The vehicle is said to be a 2002 black Chevy Silverado registered to a Corfu resident. The vehicle was last seen heading west on Route 33. Law enforcement is searching for it now.

UPDATE 6:41 p.m.: The complainant told an officer that the cat was tossed out the driver's side window, north of the theme park's camping entrance. It was white, and it rolled a few times and then ran off. Someone is looking for it to check its well being and officers are still searching for the Silverado.

UPDATE 7:03 p.m.: A State Trooper found the suspect and interviewed her. The woman said that the cat is hers and that "it was underneath her car and not thrown." The Trooper is back in service. No word on whether the cat was found or if the owner is going back to try and retrieve her pet.

Deputies are looking for a subject who may have stolen items from Walmart.

The subject is described as a white female with a beanie cap. She got into a yellow S-10 pickup with a sports cab and black stripes.

Batavia PD has been alerted to watch for the vehicle.

UPDATE 1:37 p.m.: The vehicle has been spotted in Oakfield.

UPDATE 1:51 p.m.: The vehicle was located on Galloway Road and stopped. The woman was no longer in the vehicle. A trooper and deputy are now at a location in the Village of Oakfield continuing the investigation.

Justin D. Cotter, 21, of 14 Lehigh Avenue, Batavia, is charged with criminal obstruction of breathing or blood circulation, criminal mischief, 4th, harassment, 2nd, and endangering the welfare of a child. Cotter was arrested following a police investigation into a domestic incident reported at 3 a.m. at a location on Liberty Street, Batavia. Cotter was jailed on $10,000 bail.

Daniel G. Cherry Sr., 51, of 4 Highland Park, lower, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Cherry is accused of causing a disturbance at 1:14 a.m. Sunday at Center Street Smoke House.

Shante R. Williams, of 112 State St., upper, Batavia, is charged with assault, 3rd, obstructing governmental administration, 2nd, resisting arrest, disorderly conduct, exposure and trespass. Williams is accused of getting into an alleged altercation at 122 State St. at 1:10 a.m. When patrols arrived, Williams was allegedly wearing only a T-shirt. Williams allegedly resisted arrest.

Matthew D. Derrick, 28, of East Main Street, Le Roy, is charged with criminal possession of a weapon, 3rd, and menacing, 2nd. Derrick was arrested Friday by Le Roy PD after patrols were called to his residence on a complaint of a fight. He is accused of threatening a family member with a weapon. Derrick was jailed on $1,000 bail.

Tessecca T. Tundo, 25, of 130 W. Main Street, Room 5, Batavia, is charged with driving while impaired by drugs and unlicensed driver. Tundo was allegedly found driving while under the influence of drugs at 5:58 p.m. Friday, following an incident at 127 North St., Batavia.

The following people were arrested by the Sheriff's Office during the John Mayer Concert at Darien Lake Performing Arts Center on Tuesday.

Robert M. Murphy, 34, Brixton Trail, Webster, is charged with two counts of assault, 3rd, after allegedly causing two Live Nation security guards injuries while he was being ejected from the venue. One security guard sustained a broken finger and the other Security Guard sustained a severe laceration to his head. Murphy was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

(name redacted upon request), 16, Huntington Court, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Christian R. Amering, 18, Landing Road, North Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Casey A. Hanson, 19, Monroe Street, Brockport, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Abby E. Vitale, 16, Beanpole Circle, Farmington, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zachary J. Manners, 19, Lori Lane, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Chase A. Squires, 18, Pinyon Court, Clarence Center, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Lauren J. Baldwin, 21, Newhouse Road, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

James R. Roberts, 19, Campbell Boulevard, Getzville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Maxwell J. Gerling, 18, Ross Common Crescent, Fairport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Sarah M. LeGrett, 18, Lantern Lane, Honeoye Falls, is charged with false personation after allegedly providing a false name.

Kevin M. Burke, 17, Chase View Road, Fairport, is charged with disorderly conduct, unlawful possession of marijuana and possession of alcohol under age 21 after allegedly causing a disturbance in the concert entrance. Burke was also allegedly found to be in possession of marijuana and alcohol being under age 21.

Elizabeth E. Desino, 23, Crestview Drive, Pittsford, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

The following people were issued citations for alleged possession or consumption of alcohol under age 21:

Michael B. McLaughlin, 18, Hillcrest Drive, Penfield
Bryan M. Smith, 20, Charnick Drive, Adams
Jacob M. Witkin, 19, Old Farm Circle, Williamsville
Robert J. Rummings, 19, Campbell Boulevard, Getzville
Teresa M. Braun, 19, Chestnut Crescent, Rochester
Joshua C. Eidem, 18, Bromley Road, Pittsford
Jessica L. Shafer, 18, Blanchard Street, Jamestown
Brianna L. Harris, 18, Van Buren Street, Jamestown
Jacob D. Richter, 19, Beanpole Circle, Farmington
Magdalyn T. Meyers, 19, Niagara Parkway, Stevensville, Ontario, Canada
Allyson J. Fleck, 18, Heritage Drive, Lancaster
Tyler D. Guarasci, 20, Williamsburg Lane, Lancaster
Ryan A. Massino, 18, Division Street, Lancaster
Leanna A. Sherman, 20, Ellington Drive, Rochester
Amber R. Shechter, 19, Pebble Hill Road, Fairport
Emily B. Rosen, 19, Valley Brook Lane, East Amherst
Alyson A. Plucknette, 19, Elmford Road, Rochester
James D. Cairns, 20, Walworth Road, Ontario, Canada
John R. Wise, 18, Downsview Drive, Rochester
Abigail C. G. Caswell, 19, Washburn Street, Lockport
Eric J. Booth, 20, Elmwood Place, Sherrill
Kyle B. Pendell, 18, Wincanton Drive, Fairport
Gregory J. Deppas, 18, Park Street, Jamestown

In Pavilion Town Court today, Pavilion Attorney Jamie Welch agreed that Steven Weber has complied with a requirement to remove illegally stored vehicles from his property at 11076 Lake Road.

There are still at least a dozen vehicles that need to be removed from the property of his parents, Jacob and Mary Weber, at 11256 Perry Road, Pavilion.

Because of the progress Weber has made, his attorney, Richard Sherwood, and Welch reached an agreement to delay Weber's sentencing for two weeks in order to give him more time to remove the disabled vehicles from his parent's property.

On July 9, Steven Weber entered a guilty plea to a 15-count indictment accusing him of violating the state's property maintenance code. Jacob Weber admitted to 46 such violations.

Both were scheduled to be sentenced today, but the sentencing has been postponed until Aug. 27.

In exchange for the delay, both agreed to waive their right to appeal whatever sentences they receive.

Under a prior plea agreement, Jacob Weber will not receive any jail time, but he could still be fined a maximum of $750 per violation of the code. 

Steven faces the possibility of jail time plus a $350 per-violation fine.

Jacob's fine is higher because of a prior conviction on the same charges within the past five years.

In court today, Steven disputed that there were really 15 violations on his property, saying that there were only 11 disabled, unregistered vehicles on his property. Sherwood reminded him he had already entered a guilty plea to 15 counts.

Sherwood said there are 18 remaining cars on Jacob's property that Steven owns. At least six of the vehicles are in fact licensed. Of the remaining cars, they haven't been removed because the brakes have seized and the wheels can't turn.

Sherwood said those cars will need to be jacked up and the brakes repaired or removed before the wheels will turn and the cars can be placed on flatbed trailers and hauled away.

While Welch was willing to go along with a delay in sentencing, he wasn't willing to give the Webers much credit for progress made.

"We disagree with the defendant that he has made a lot of progress," Welch said. "In March he received a letter containing all the charges and nothing was done. Several months went by with no progress. Now he tells the court the cars are in such a state of disrepair from their long storage that their wheels are seized and some of them need to be dug out of the earth. We are trying to work with Mr. Weber here. We've given him every chance. If he comes back in 14 days and there's a single violation, the court will have full discretion to sentence him up to the maximum."

When asked if he understood the terms of the extension, Steven Weber said he did, but wanted to dispute some of the statements made by Welch.

When his attorney tried to quite him, Steven said, "but it ends up in The Batavian and I don't appreciate what winds up in The Batavian."

Prior to the hearing, Weber spoke with The Batavian briefly and said the stories about his case have been inaccurate. He said his cars are not junk. He said he wasn't willing to talk further at this time.

Sherwood told Weber he will be able to tell the court anything he wants about the case at his sentencing on Aug. 27.

Joseph Andrew Hernick, 64, of Seven Springs Road, Batavia, is charged with harassment, 2nd. Hernick is accused of being verbally abusive and attempting to be physically intimidating toward a neighbor.

James A. Hancock, 44, of 318 E. Main St., Apt. 6, Batavia, is charged with aggravated criminal contempt. Hancock allegedly violated an order of protection while having a prior criminal contempt conviction within five years.

Patrick O. Spikes, 32, of 16 Hutchins Place, Batavia, is charged with criminal mischief, 3rd. Spikes is accused of damaging property of another person valued at more than $250 during an alleged incident on Holland Avenue at 2:30 a.m., Saturday.

Keluan B. Williams, 24, of 109 Summit St., Apt. 2, Batavia, is charged with acting in a manner injurious to a child less than 17 years old. The alleged incident was reported at 3:30 p.m., Saturday. No further details released.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with aggravated unlicensed operation and consuming alcohol in a motor vehicle on a public highway. Williams was allegedly found driving at 6:54 p.m. Saturday on Hutchins Place by Officer Chad Richards. At the time of the traffic stop, Williams allegedly had an open can of Natural Light beer in the driver's side cup holder.

Brandi A. Watts, 32, of Indian Falls Road, Corfu, is was arrested on a warrant yesterday following a court appearance on an unrelated matter. Watts is accused of failure to pay a fine on an overnight parking ticket in the City of Batavia.

Eric Alexander Ion, 40, of Brant Road, Brant, was arrested on bench warrants related to charges of criminal contempt, 1st, and assault, 3rd. Ion is accused of failing to appear on these charges. Ion is currently being held on bail in the Genesee County Jail on matters in Family Court.

Faith Brenda Obeirne, 45, of Mt. Read Boulevard, Rochester, was arrested on warrants for alleged petit larceny and criminal possession of a controlled substance. Obeirne was arrested by Rochester PD and turned over to the Sheriff's Office. Obeirne was jailed on $1,000 bail.

Conor Patrick Wilkes, 25, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Wilkes was stopped at 1:31 a.m. Saturday on Veterans Memorial Drive, Batavia, by Deputy Patrick Reeves.

Justin Joseph Caryl, 26, of Maple Street, Batavia, is charged with petit larceny. Caryl is accused of stealing $25.94 in merchandise from Walmart.

Jake Philip Myers, 23, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08, failure to keep right and no or inadequate headlights. Myers was stopped at 1:48 a.m. Saturday on Edgerton Road, Elba, by Deputy Joseph Corona.

Evelio Rodriguez-Santiago, 46, of Bergen, is charged with petit larceny. Rodriguez-Santiago is accused of stealing an item of value at a location on Church Street, Bergen, at 6:15 p.m., Saturday. Rodriguez-Santiago was arrested by State Police. No further details released.

Timothy J. Poblocki, 24, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. Poblocki was stopped at 1:45 p.m. Sunday on Route 20, Alexander, by State Police.

Jennifer N. Bujnowski, 39, of Batavia, is charged with petit larceny. Bujnowski is accused of shoplifting at Walmart.

An ongoing dispute between property owners in Le Roy reportedly became physical this morning and one of the neighbors, Stephen R. Barbeau, the Town of Le Roy supervisor, was arrested by Le Roy PD.

Barbeau, 55, of 9 Filmore St., Le Roy, is charged with harassment, 2nd.

According Barbeau's neighbor, Pete McQuillen, Barbeau was upset because a tree on McQuillen's property fell and Barbeau believed a portion of the tree came down onto his property.

"He bull rushed me and blew me back into some stumps we'd already cut," McQuillen said.

McQuillen suffered a minor sprained shoulder and he said he will see an orthopedic specialist tomorrow about neck pain.

Barbeau said that this was the third time one of McQuillen's trees has fallen onto his property. One time, he said, the tree damaged his house. This morning when it happened again, he went onto McQuillen's property.

"It was quite heated," Barbeau said. "He got heated right back. I pushed him with my hands open on his chest and he fell to the ground."

It was Barbeau's wife who called the police, Barbeau said.

Harassment in the second degree is a violation (in other words, it's not as high as a misdemeanor).

McQuillen and Barbeau live nearby each other, but the ongoing dispute involves property McQuillen owns that is adjacent to Barbeau's. 

McQuillen had plans to build 26 single-family homes for people 55 and over on the property.

After McQuillen believed he won the right to move forward with the development, Barbeau joined in a lawsuit with neighbor David S. Boyce against the town planning board claiming the development was not properly approved. The suit eventually lead to McQuillen's plans being scuttled.

McQuillen is now building other structures on the property and that's another point of contention. McQuillen said he's doing everything within code. Barbeau said he is not.

Barbeau also accused McQuillen of storing junk on the propety and clearing away brush and trees that destroy any privacy barrier.

"He's never met a tree he doesn't like to take down," Barbeau said.

Barbeau was arraigned in Town of Le Roy Court and released on his own recognizance. Town Justice Daryl Sehm also signed an order of protection.

A Batavia man is facing 8 to 16 years in prison after guilty pleas this morning in Genesee County Court to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Samuel G. Malone, 27, who lived on Walnut Street, but said in court this morning that he's now living at a rehab facility, was originally indicted on the attempted burglary charge as a "John Doe," because all investigators had was DNA evidence.

After Malone was convicted on a felony in another county, police were able to match his DNA to blood found on a broken window at 112 Ellicott St., Batavia, which was then the Ponderosa Steakhouse.

There was no apparent entry at the Ponderosa location and nothing was reported stolen.

But there were other burglaries in 2008, such as Clor's Meat Market, then on Pearl Street in the city, that investigators were able to link to Malone.

Malone will be sentenced Nov. 7.

The following people were arrested during the Uproar Festival at Darien Lake Performing Arts Center on Sunday.

Zachary T. Pabst, 19, Ryan Street, Buffalo, is charged with DWAI drugs and unlawful possession of marijuana after allegedly operating a motor vehicle entering the concert parking lot while under the influence of a drug. He was also found in possession of marijuana.

Louis R. Lopez, 18, Williams Street, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Hannah J. Eisenbaum, 19, Oak Wood Avenue, East Aurora, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Koree A. Hubbard, 19, Wellington Drive, Derby, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Emily M. Bartlett, 20, Cambier Road, Newark, is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of a metal knuckle knife, marijuana and alcohol being under age 21.

Alexis J. Keller, 20, Hydesville Road, Newark, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Glenn M. Shaw, 23, Meadow Drive Alden, is charged with disorderly conduct after allegedly pushing a deputy while being escorted from the venue.

James M. Anderson, 21, Haines Street, Kane, Pa., is charged with trespass after allegedly jumping a fence into the concert venue.

John T. Polak, 29, South Western Blvd., Hamburg, is charged with trespass after attempting to reentering the concert venue after being previously ejected and told not to return.

The following people were cited for alleged possession/consumption of alcohol under age 21.

Justin A. Russell, 20, Fredericka Street, North Tondawanda
David A. Daugherty, 20, Maida Drive, Spencerport

Someone hitched a ride on a CXS train and the engineer called dispatch, asking that an officer be sent to where it will be stopping in a couple of minutes at the Wilkinson Road crossing in Batavia. The engineer wants to speak with the alleged scofflaw, who is said to be riding behind some semi-trailers the train is hauling.

UPDATE 2:50 p.m.: An agent for CSX is going to the State Police Barracks in Batavia to press charges against the suspect.

The owner of a building on Lehigh Avenue discovered this morning that overnight about 20 windows on the south side of the structure were broken out.

Police are investigating, but suspect some kids in the neighborhood.

Corey James Hemmer, 27, of South Main Street, Elba, is charged with resisting arrest. Hemmer allegedly resisted when a deputy attempted to place him under arrest on a bench warrant. The warrant was related to a petit larceny charge out of Lockport.

Stephen William Miles, 51, of North Street Albion, is charged with petit larceny. Miles is accused of participating with David Martin in the theft of a 46" LED television from Kmart on Sunday night. Miles was jailed on $1,000 bail.

TyAnna Desiree Green, 18, of Lewis Place, Batavia, is was arrested on bench warrants out of the Town of Batavia, for alleged failure to appear. Green was jailed on $500 bail.

Christopher J. Clark, 33, of Batavia, is charged with petit larceny. Clark is accused of shoplifting from Walmart. Clark was arrested by State Police.

Michael T. Sawyer, 23, of Lockport, is charged with unlawful possession of marijuana. Sawyer arrested by State Police on Skye Road, Alabama.

A 52-year-old Medina resident was jailed Wednesday after allegedly trying to steal a 46" RCA LED TV from Kmart.

David James Martin, of East Center Street, Medina, was arrested after dispatchers received a report at 8:45 p.m., Wednesday, of two men fleeing Kmart in a black pickup truck with an allegedly stolen TV.

The truck was stopped by Deputy Chad Minuto on Route 98 in the Village of Elba.

Martin is charged with petit larceny.

There's been no release on the possible arrest of the man who was with him.

The TV was wrapped in a security device, which Martin is also accused of stealing.

Following arraignment in Town of Batavia Court, Martin was jailed on $1,000 bail.

A person has managed to get a TV out of Kmart without paying for it, load it in a black pickup truck and then head down Park Road toward the Thruway.

Local law enforcement responding. The Thruway Authority is being notified.

There are two white males in the truck.

UPDATE 8:57 p.m.: A truck has been stopped with a 46" LED TV in the bed.

At least 12 males are congregating in the area of Tim Horton's and Wendy's on Main Street in the city and appear to be preparing for a fight, according to a caller to dispatch. Police are responding.

Dave Wayne Case, 55, of Prole Road Extension, Bergen, is charged with assault, 2nd, injury to a police officer, resisting arrest and unlawful possession of marijuana. Following a traffic stop at 1:41 a.m., by Deputy Joseph Corona on West Main Street Road, Batavia, Case allegedly assaulted the deputy in an attempt to avoid arrest on a charge of unlawful possession of marijuana.

Denise Niccole Clamon, 32, of Main Street, Clarence, is charged with felony DWI, refusal to take breath test, aggravated unlicensed operation, failure to keep right, failure to use turn signal. Clamon was stopped at 1:41 a.m. on West Main Street Road, Batavia, by Deputy Joseph Corona.

Rosemary R. Waters, 27, of 17 Spencer Court, Batavia, is charged with criminal contempt. Waters is accused of contacting a person she was barred from contacting by court order.

Merrick D. Hampleton, 23, of Batavia, is charged with 13 counts of petit larceny and one count of scheme to defraud. Hampleton was taken into custody by State Police at Walmart in connection with an alleged incident reported at 10:54 a.m., Monday. No further details released.