crime

A Level 3 sex offender who is accused of committing new criminal sex acts against a child was denied his request for lower bail today.

Anthony L. Nicosia Jr., 54, of Albion Road, Oakfield, is being held in the Genesee County Jail on $15,000 bail or $30,000 bond.

The bail was set in the Oakfield Town Court.

Judge Robert Noonan gave both the prosecutor and defense an opportunity to speak to the bail issue, but then seemingly cut off the discussion saying that as a matter of law, the only thing he could do at this stage of the proceedings against Nicosia is decide whether the bail set by the lower court was excessive.

It's not, Noonan ruled, and he can't lower it at this stage.

Assistant District Attorney Will Zickl argued that bail certainly shouldn't be reduced, if anything it ought to be raised.

Zickl said the alleged victim has been interviewed further since Nicosia's arrest and detailed more alleged assaults. There is the possibility, Zickl said, of further criminal charges.

It's also possible, Zickl indicated, that there may be additional victims.

Nicosia, who was arrested earlier this week and charged with criminal sex act, 3rd, forcible touching and endangering the welfare of a child, was convicted of sexual abuse in the first degree in April, 1995.

Le Roy police suspect somebody has been making "bottle bombs" and letting them explode in an area on the west side of the village.

An investigation began after complaints of gunshots or fireworks heard on the west side of the village.

"Bottle bombs," also known as "works bombs," can be exceptionally dangerous and the Le Roy Police Department is looking for information to help determine who is making them.

Officials also warn residents not to approach any sports drink or 2-liter pop bottles found laying on the ground.

Touching a fully charged bomb can cause it to detonate.

Bottle bombs are made of Drano and tinfoil mixed together in a plastic bottle that is then sealed. Pressure builds up inside the bottle until it explodes. The chemicals inside become a boiling liquid that can cause severe burns and other serious physical injuries.

The bombs are not hard to make and numerous videos of homemade bombs are posted on YouTube.

If a suspected bottle bomb is found, you should move away from it and call 9-1-1 immediately.

The Le Roy Police Department advises that anyone found making these explosives may face criminal charges.

To report information about the possible manufacture of bottle bombs, call 343-5000.

Apparently, Le Roy police just received a call about nude swimming in the Oatka Creek off Mill Street.

It's a complaint heard before, most recently about a month ago, according to one officer who spoke to another one about the matter over the scanner.

"I've heard it before but haven't personally seen it," the officer tells his coworker.

"Did the previous complaint involve 12- to 14-year-olds and a 16-year-old?"

At that point, the officers opted to discuss the details over the phone.

A 33-year-old Bergen woman is charged with second-degree assault following an investigation by the Genesee County Sheriff's Office into an altercation after the Aug. 12 Rascal Flatts concert at Darien Lake.

The arrest report released today alleges that Carolyn Marie Smith, who lives on McCabe Court, was in the parking lot and struck another person in the face while holding her iPhone. This allegedly caused the victim to suffer a severe laceration.

She was arrested Wednesday and arraigned in Darien Town Court before Justice Gary Graber, then released on her own recognizance until a later court date.

The incident was investigated by Sgt. Thomas Sanfratello with the assistance of Deputy Patrick Reeves.

A Batavia woman who allegedly tried to prevent law enforcement officers from finding and arresting her boyfriend today was charged with obstructing governmental administration, 2nd.

Arrested and released on an appearance ticket was Landrea D. Ames, 39, of East Main Street, Batavia.

Her boyfriend was located and taken into custody on a warrant for an alleged parole violation.

Arrested was Darrell J. Holloway, 42, of East Main Street, Batavia.

Members the Local Drug Enforcement Task Force secured a warrant to search residence of Ames for Holloway.

Batavia PD and Sheriff's deputies assisted in the arrests.

Holloway most recently served time at the Mohawk Correction Facility for attempted criminal possession of a controlled substance, 3rd. He had previous convictions, according to DOCs, for attempted burglary, 2nd, grand larceny, 4th, and burglary, 2nd.

A security guard charged with protecting the assets of a Le Roy-based company has been charged with grand larceny in the third degree.

Tony Randall Smith, 52, of Clifton Street, Rochester, is accused of stealing material worth more than $3,000 from PCORE Electric, 135 Gilbert St., Le Roy.

Smith was released on his own recognizance following his arraignment in Le Roy Town Court.

A 54-year-old Oakfield man is being accused of sexually abusing a child and has been jailed on $15,000 bail.

Anthony Leslie Nicosia Jr., of Albion Road, Oakfield, was arrested following an investigation into sexual abuse that began June 1.

Nicosia is charged with criminal sex act, 3rd, forcible touching and endangering the welfare of a child.

The age of the child was not released.

The alleged abuse reportedly took place at his residence.

Richard W. Rumble Jr., 26, of 9229 County Line Road, Akron, is charged with with aggravated DWI, driving with a BAC of .18 or greater, unsafe backing and leaving the scene of a property damage accident. Rumble allegedly backed into a car at a restaurant on West Main Street, Batavia, and then left the scene. Batavia Police Officer Kevin DeFelice stopped Rumble's car a short time later. The alleged incident was reported at 11:04 p.m., Saturday. 

Darik Robert Michael Orbaker, 19, of Elm Street, Batavia, is charged with two counts of criminal contempt, 1st. Orbaker allegedly violated an order of protection by being in the presence of the protected person.

John Thomas Harley, 32, of Gordon Street, Buffalo, is charged with aggravated unlicensed operation and operating with a suspended license. Harley was stopped at 5:10 p.m., Sunday, on Route 77 at Darien Lake by Deputy Chris Parker. Harley was then turned over to law enforcement out of Erie County on a family court warrant.

Gary Robert Murray, 55, of Gorton Road, Basom, is charged with criminal mischief, 4th. Murray is accused of recklessly damaging the car of another person during a confrontation with that person.

Timothy Philip Maher, 20, of John Street, Rochester, is charged with trespass. Maher was allegedly found at Darien Lake Theme Park Campgrounds at 6:50 p.m., Aug. 6, trespassing from site to site.

Jason Louis Buoni, 21, of Barton Street, Rochester, is charged with trespass. Buoni was allegedly found at Darien Lake Theme Park Campgrounds at 6:50 p.m., Aug. 6, trespassing from site to site.

The following people were arrested by the Genesee County Sheriff’s Department during the Def Leppard Concert at Darien Lake Performing Arts Center on Sunday:

Robert B. Milefski, 23, of Kauga Street, Richford, is charged with criminal trespass, 3rd, harassment, 2nd, and disorderly conduct after allegedly urinating in the amusement park, and then when approached he allegedly struck a security guard in the face. Milefski then allegedly entered a fenced-in restricted area of the park while attempting to flee. He was arraigned and remanded to jail in lieu of $1,000 bail.

Anthony J. Derkas, 32, of Davis Avenue, Homestead, Pa., is charged with criminal trespass, 3rd, and criminal possession, of a forged Instrument, 3rd, after allegedly using a forged stage-crew pass to enter the concert venue. Derkas was released on $250 bail.

Chad E. Ferguson, 23, of Robinson Road, Wasaga Beach, Ontario, Canada, is charged with trespass after allegedly entering the backstage area without permission.

Cory L. Hyde, 29, of Stenwick Drive, Churchville, is charged with disorderly conduct after allegedly causing a disturbance by consistently swearing while being ejected from the concert.

Terry R. Messmer, 41, of Main Street, Buffalo, is charged with trespass after allegedly entering the concert after being ejected.

Bryson J. Ludden, 18, of Gleason Street, Belfast, is charged with disorderly conduct after allegedly fighting with security while being ejected from the venue.

Jillian A. Tomlinson, 23, of South Main Street, Belfast, is charged with disorderly conduct after allegedly urinating in the lawn area of the concert venue.

Gary F. Mueller, 53, of Kokomo Street, Depew, is charged with disorderly conduct after allegedly causing a disturbance inside the venue.

The following people received citations for alleged underage drinking:

A 17-year-old of Alsace Place, Blasdell
Nolan J. Guilford, 18, of Merton Avenue, Belfast
Carlene A. Derkovitz, 20, of Hawro Place, Depew
Daniel P. Thomann, 19, of Autumnwood Drive, Cheektowaga
Rachel M. Toporczyk, 18, of Creekview Drive, Cheektowaga
Steven L. Schmid, 20, of Penora Street, Depew
Brian R. Gorski, 19, of Harvard Avenue, Depew
Justin A. Michalak, 20, of Houston Street, Buffalo
A 17-year-old of Hawro Place, Depew

Michael S. Mistersaro, 44, of South Street, Le Roy, is charged with DWI and aggravated DWI with a BAC of .18 or greater. Mistersaro was arrested following an investigation into an alleged hit and run accident at 8 p.m. on Mill Street, Le Roy.

A caller reports that several cars are parked along Waddington Road, on the south side of the Tonawanda Creek at Indian Falls.

The caller reports that anyone who got out of those cars and went to the falls, would've had to cross posted private property to get there.

A deputy has been dispatched to the area.

While that portion of the Tonawanda is county property, most of the area around the falls is private property, except for an entryway to the creek east of the falls at Route 77.

Last week, a 17-year-old girl was seriously injured when she fell on some rocks while swimming and diving at the falls.

A Corfu resident admitted today in Genesee County Court to drug dealing and faces up to two and a half years in state prison if Judge Robert C. Noonan imposes the maximum sentence available under a plea bargain.

Brandon R. Brade, 29, entered a guilty plea to one count of criminal possession of a controlled substance, 5th.

Brade was facing four more felony counts of criminal sale of a controlled substance, 3rd, and possession of a controlled substance, 3rd.

Noonan has a range of sentencing options available, from probation with no jail up to the maximum, because Brade has no prior felony convictions.

Sentencing is set for Nov. 7.

Meanwhile, Brade is out of jail under supervision of Genesee Justice.

Brade was accused of selling cocaine to an undercover agent and arrested in February.

A State Street resident who is under supervision of NYS Parole was stopped on Richmond Avenue by a parole officer and allegedly found in possession of cocaine.

Local Drug Enforcement Task Force members assisted in the arrest of John Henry Butler, 29, of 160 State St., Batavia.

Butler was allegedly found in possession of a quantity crack cocaine and a search of his residence allegedly turned up drug paraphernalia.

The parolee was charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd.

Following his arrest, Butler was arraigned in Batavia City Court and jailed with no bail.

A 26-year-old Batavia resident is accused of selling cocaine to an agent of the Genesee County Local Drug Task Force on two occasions in the past six months.

Taken into custody is Patricia M. Anderson, of 193 S. Main St., Batavia.

Anderson is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Following arraignment in Batavia City Court, Anderson was jailed with no bail.

Douglas James Clark, 40, of 4224 Batavia-Elba Townline Road, Oakfield, is charged with assault, 3rd. Clark is accused of throwing a rock at a person at 4 p.m., June 24, in Batavia. The victim was injured.

Charles Joseph Finnin, 41, of State Street Road, Batavia, is charged with harassment, 2nd. Finnin is accused of pushing another person during an argument.

Ronald Jason Scroger, 31, Swan Street, Batavia, is charged with petit larceny. Scroger is accused of shoplifting from Walmart.

Katelyn Christen Kubala, 22, of Maple Street, Batavia, is charged with petit larceny. Kubala is accused of shoplifting from Walmart.

Jason Lance Washington, 21, of Eller Street, Buffalo. Washington was turned over to the Genesee County Sheriff's Office by the Erie County Holding Center upon his release from custody on a bench warrant out of Bergen Town Court. The original charge is grand larceny, 4th. Washington was jailed in lieu of $1,500 cash or $2,000 bond.

Among the 12 people arrested Aug. 11 at the Blink 182 concert at Darien Lake was a 27-year-old man who found himself on the other side of the badge after allegedly tussling with concert security.

Arrested and charged with disorderly conduct was Sean Ford.

According to the Buffalo News, Ford's day job is as a cop at the University of Buffalo.

“Unfortunately, University at Buffalo Police Officer Sean Ford was one of them and was issued an appearance ticket,” said Gerald W. Schoenle Jr., chief of UB’s police force, who added that it is the policy of his department not to discuss personnel matters.

Lance P. Johnson-Kosiorek, 18, of 335 Bank St., Batavia, is charged with menacing, 2nd. Johnson-Kosiorek allegedly displayed a knife and threatened an acquaintance during a verbal argument at 11:45 p.m., Monday.

Name Redacted Upon Request, 19, of Lindwood Drive, Brockport, was arrested on a bench warrant out of Genesee County Court. xxxx allegedly failed to comply with his release under the supervision contract with Genesee Justice.

Christopher Michael Lambert, 31, of Elm Street, Batavia, is charged with burglary, 2nd. Lambert is accused of entering a residence on Log City Road, Elba, after being told to stay away. Lambert allegedly stole money and a new Garmin GPS unit. Bail was set at $25,000.

Jenea Marie Macleod, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and no headlights on an ATV. Macleod was stopped at 10:08 p.m., Saturday, on Genesee Street in Pembroke by Deputy Howard Carlson.

Tracy Lynn Polak, 40, of Aldercreek South Road, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, operating with registration suspended or revoked and driver's view obstructed. Polak was stopped at 10:36 p.m., Wednesday, on Route 77, Corfu, by Deputy Patrick Reeves.

Jonathan David Eldred, 27, of Main Road, Akron, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Eldred was arrested at 10:46 p.m., Friday, at a residence on Bloomingdale Road, Tonawanda Indian Reservation, when he was allegedly found in possession of heroin and a needle during an investigation into an overdose.

Austin M. Heineman, 17, of Marble Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, operating out of class and failure to keep right. Heineman was arrested following an investigation into an accident that was reported at 12:43 a.m., Saturday, on Sandhill Road, Alabama, by Deputy James Diehl. In the accident, Heineman was reportedly driving south on Sandhill Road when he lost control of the car and it overturned. His passenger, Timothy Ryan, 17, was transported to UMMC with non-life threatening injuries.

Mitchell Gregory Hoinski, 25, of Boll Street, Sloan, is charged with DWI and driving with a BAC of .08 or greater. Hoinski was reportedly involved in a motor-vehicle accident at 11:42 p.m., Friday, in the parking lot of Darien Lake Theme Park. Hoinski reportedly attended the Rascal Flatts concert earlier in the evening. 

There were four arrests and 78 people were cited for alleged underage drinking during the Rascal Flatts concert at Darien Lake Performing Arts Center on Friday.

Collin T. Hayes, 18, of Reservoir Road, Avon, is charged with two counts of trespass after allegedly reentering the concert venue twice after being ejected and told not to return.

Brian K. Barmore, 19, of Gerry-Ellington Road, Gerry, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kari D. Barmore, 22, of Gerry-Ellington Road, Gerry, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Stella, 24, of Forbes Avenue, Tonawanda, is charged with public lewdness after allegedly urinating in the lawn area in view of other patrons.

The following people were issued citations for allegedly possessing or consuming alcohol under age 21.

Tricia J. Sullivan, 20, of Windsor Lane, East Aurora
Colby N. Kittner, 20, of Boncroft Drive, West Seneca
Alexander C. Buscaglia, 20, of Center Street, East Aurora
Aaron M. Kosowski, 19, of The Meadow, East Aurora
Jennifer M. Jacob, 18, of Garrett Lane, Niagara Falls
A 17-year-old, of Lewiston Road, Niagara Falls
Ashley E. Grace, 20, of South Street, Addison
A 17-year-old, of Landing Creek Court, Williamsville
Lauren R. Sauvagean, 17, of Autumn Lane, Lewiston
A 17-year-old, of Madison Avenue, Niagara Falls
A 17-year-old, of Briggsboro Lane, Fairport
Catherine M. Kuhi, 20, of Canisteo Street, Hornell
Jamie F. Hillman, 19, of Hyland Drive, Hornell
A 16-year-old, of Southview Avenue, Niagara Falls, Ontario, Canada
A 16-year-old, of Orchard Grove Parkway, Niagara Falls, Ontario, Canada
A 16-year-old, of Feren Drive, Niagara Falls, Ontario, Canada
Daniel S. Kelly, 19, of Fulton Street, Hornell
A 17-year-old, of Temple Street, Avon
Rhiann E. Korth, 18, of Genesee Street, Avon
A 17-year-old, of W. Henrietta Road, Rush
Tyler K. Olejniczak, 18, of Indian Falls Road, West Seneca
A 16-year-old, of Brooklyn Street, Portville
A 17-year-old, of Kimberly Lane, Derby
A 17-year-old, of Ludel Terrace, Lackawana
Denise M. Polaski, 19, of Parnell Drive, Churchville
Christopher D. Barrett, 19, of Five Points Road, Rush
A 17-year-old, of River Road, Caledonia
Robert W. Lysko, 19, of Middle Road, Caledonia
Shawn E. Grimm, 18, of Billington Road, East Aurora
A 17-year-old, of Jamison Road, Elma
Ashley M. Strazzella, 19, of Church Street, East Aurora
Macie A. Eberth, 18, of Hall Road, Elma
Lia E. Colvin, 18, of Anne Drive, Alden
Alyssa M. Savage, 19, of Beryle Drive, Cheektowaga
Carissa D. Brittain, 20, of Center Avenue, North Tonawanda
Peter F. Jackson, 20, of Blanchard Heights Groton
Meghan M. Klimchuck, 18, of Dorchester Road, East Aurora
Jessica L. Goodison, 18, of Gleed Avenue, East Aurora
Payton A. Spinelli, 18, of Hillside Drive, Elma
Karianne R. Carrick, 18, of Bullis Road, Elma
Christopher M. Stelmaszyk, 18, of Willston Heights, Marilla
A 17-year-old, of North Blossom Road, Elma
A 16-year-old, of Lakeside Road, Fort Erie, Ontario, Canada
Sara A. Shembeda, 19, of North 18th Street, Olean
A 17-year-old, of Derby Road, Crystal Beach, Ontario, Canada
Megan A. Dwaileebe, 20, of Bates Street, Pittsburgh, Pa.
Elizabeth M. Colarusso, 20, of Highland Terrace, Olean
Julie C. Wesolowski, 19, of Foxpoint West, Williamsville
A 17-year-old, of Milestrip Road, Orchard Park
Blair A. Pembleton, 18, of Dantroy Drive, Williamsville
Jenna N. Goudy, 20, of Joseph Drive, Tonawanda
A 17-year-old, of Meadow Lawn Road, Orchard Park
Emily M. Lawrence, 19, of Green Road, Churchville
Geana M. Barone, 18, of Country Lane, West Seneca
Kathryn N. Mazurowski, 18, of Mill Road, West Seneca
A 16-year-old, of West Main Street Road, Batavia
Christian A. Worth, 20, of South Nine Mile Road, Allegany
Natalie J. Vetter, 18, of Neubaer Court, West Seneca
A 17-year-old, of Laine Road, Hornell
Joseph D. Mauro, 20, of Pearl Street, Hornell
Kaliegh E. Porcaro, 19, of Sharps Hill Road, Arkport
Caroline M. Hooker, 18, of Moss Road, Hornell
Lydia C. Lindahl, 18, of Cassandra Circle, Churchville
Vincent G. Giglio, 18, of Bromley Road, Churchville
Maxwell P. Wise, 18, of Norway Spruce Drive, Rochester
Taylor T. Jager, 18, of Evergreen Drive, Rochester
Courtney M. VanVolkenburgh, 18, of Whitney Road, Ontario, Canada
Kaleigh R. VanVolkenburgh, 19, of Whitney Road, Ontario, Canada
Erinn D. Rodman, 19, of West Foster Street, Palmyra
Joel M. Sapienza, 18, of Birdsall Parkway, Palmyra
Kaitlyn M. Wegman, 19, of Turtle Creek Lane, Hilton
Ashley T. Whitney, 19, of Country Village Lane, Hilton
Kelly J. Knight, 19, of Old Well Road, Greece
Hannah J. Rader, 18, of Grandview Lane, Rochester
Kassandra K. Magin, 18, of Grandview Lane, Rochester
Jessica L. Nielsen, 20, of Beverly Street, Rochester
Angela M. Andrese, 19, of Eglantine Road, Rochester
Name redacted uponrequest, 19, of Roosevelt Highway, Hamlin

Police have responded to a disturbance on Thorpe Street. About 20 or more people were in the street yelling at each other, swinging at each other and making threatening gestures toward each other just before four Batavia police cruisers arrived on scene.

Within seconds, the street was nearly empty.

Earlier this evening, Batavia PD responded to a disturbance on Thorpe. The supervisor assigned a patrol to stick close to the area for the evening. That officer would have gone off duty just about the time the disturbance broke out.