crime

A former Bergen resident who was recently accused of stealing a mailbox from a neighbor is facing a grand larceny charge for allegedly stealing $14,650 from her former employer.

Michele Ann Case, 46, of 1037 Chili Center-Coldwater Road, Rochester, a registered nurse, is accused of submitting inflated mileage claims and fraudulent "call-in" claims that, in effect, diverted $14,650 from her employer.

Case worked for the company, which is not named in the press release, from late 2008 through January 2011. She is accused of filing the inflated claims from January 2009 through January 2011.

Following arraignment in Batavia City Court, Case was released under supervision of Genesee Justice.

The alleged larceny was investigated by Det. Charles F. Dudek, Batavia PD.

In June, Case, who was listed as a resident of North Bergen Road, Bergen, in previous arrest reports, was accused of stealing a mailbox. In comments on The Batavian, Case said she thought the mailbox was unused and was merely recycling it.

Previous stories about Case:

• Police Beat: Woman accused of not waiting for son at bus stop
• Criminal case dismissed, but reason being kept secret
• Bergen woman accused of stealing $35,000 from elderly woman's bank accounts

A total of 36 tickets were issued to 11 drivers of commercial vehicles during a check point set up on Route 98 near the Thruway entrance on June 23, Batavia Police announced.

Besides the citations, two trucks were taken out of service until necessary repairs could be made.

The city's enforcement effort was funded through a Selective Enforcement Program grant through the Governor's Traffic Safety Committee.

The police department said such enforcement details will continue throughout the summer and fall.

Patrick John Tomai, 30, of Clinton Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Tomai is accused of being involved in a domestic dispute with his wife at 8:38 p.m. Saturday while his children were present.

April Lynn Burke, 30, of Golfshire Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to signal. Burke was stopped at 12:33 a.m. Saturday on Route 33, Town of Batavia, by Deputy Jason Saile.

Stephen Wade Thompson, 34, of West Main Street, Attica, is charged with petit larceny. Thompson is accused of trying to conceal $64.78 in stolen merchandise at Kmart in the box of an air conditioner he had purchased and picked up from layaway.

Ricky Oliver Cooper, 34, of Warsaw Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and no seat belt. Cooper was stopped at 10:33 p.m. Sunday on Sweetland Road, Stafford, by Deputy Matthew Butler.

Andrew Charles Maier, 25, Sumner Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings. Maier was stopped at 2:41 a.m. Monday on Broadway Road, Alexander, by Deputy Howard Carlson.

The following arrests were made by the Sheriff's Office on July 8 during the Sugarland concert at Darien Lake Performatin Arts Center.

Tina M. Smith, 42, of  Coburn Street, Elmira is charged with harassment, 2nd. Smith is accused of striking a security guard will being ejected.

Margaret B. DeMarco, 18, of Hughes Street, Buffalo is charged with false personation and possession of alcohol under age 21. DeMarco is accused of providing a false name and being under 21 in possession of alcohol.

After the jump, a list of citations issued for alleged underage drinking. 

John C. Koenig, 20, of Cary Avenue, Oakfield
Molly M. Erickson, 18, of Jackman Road, Elma
A 16-year-old of Townline Road, Elma
McKenzie E. Harris, 18, of Fisher Road, Oakfield
Matthias J. Schuster, 20, of Liberty Pole Road, Dansville
(name removed upon request), 19, of Bernhardt Drive, Snyder
(name removed upon request), 19, of Mill Street, Williamsville
(name redacted upon request), 19, of Richmond Avenue, Lancaster
Jessica M. Lorusso, 18, of Bridgewater Court, Lancaster
(name redacted upon request), 18, of Ransom Road, Lancaster
(name redacted upon request), 18, of Anthony Street, Lancaster
A 16-year-old of Lake Avenue, Orchard Park
Maureen L. Donohoe, 18, of Bentley Circle, Lancaster
Samantha L. Carson, 19, of Elm Place Lancaster
Jacqueline R. Andrusz, 19, of N. Maple Drive, Williamsville
Mallorie R. Stone, 19, of N. Burdick Street, E. Syracuse
Kelsey L. Temple, 19, of Kenner Road, Minoa
Paige K. Kelly, 19, of Lighthouse Road, Hilton
Trisha N. Duchyns, 19, of Squareview Lane, Rochester
Amanda K. Payment, 20, of Peck Road, Hilton
Brianna L. Venditti, 20, of Curtis Parkway, Tonawanda
Trea H. Watts, 19, of Sweethome Road, Amhurst
Erin K. Philipson, 18, of Highland Road, Ithaca
Stacy L. Squire, 19, of Cherry Street, Batavia
Lindsey E. Penders, 20, of Shepherd Road, Batavia
Melissa A. Smith, 20, of Allenview Drive, Batavia
Brittany L. Morelli, 20, of Lovers Lane Road, Batavia
Jared M. Mutka, 20, of Williamsburg Lane, Lancaster
Nicole E. Jones, 20, of Monroe Avenue, Brockport
Christine E. Dorson, 19, of South 17th Street, Olean
Kathryn E. Horrigan, 20, of Eagle Street, Cooperstown

William R. Green, 52, of Batavia-Elba Townline Road, Elba, is charged with harassment, 2nd. Green was reportedly involved with a dispute at 10:15 p.m., Thursday and during the dispute, Green allegedly grabbed his neighbor by the neck and punched him. Green was jailed on $200 bail.

James R. Tydelski, 55, of 7800 Hewes Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Tydelski was stopped at 1:06 a.m. at the intersection of Mill and Lake streets in the Village of Le Roy by a Le Roy Police officer.

Joshua Todd Fullmer, 18, of West Main Street, Batavia, is charged with petit larceny. Fullmer is accused of shoplifting $34.98 worth of merchandise from Kmart.

Warren Walter McClure, 40, of Hamilton Road, Buffalo, is charged with burglary, 3rd. McClure is accused of entering a business in the Town of Batavia while it was closed on Feb. 6 and stealing money, checks and surveillance cameras.

Todd F. James, 48, of School Road, Byron, is charged with disorderly conduct. James allegedly refused to turn down his radio creating "unnecessary noise" in his neighborhood for more than three hours.

Kelsey Marie Davis, 19, of unreleased street address, Batavia, is charged with harassment, 2nd. Davis was arrested following an investigation into a fight during the Tim McGraw concert at Darien Lake Theme Park on June 25.

Samuel Robert Thompson, 55, of Shady Lane, Batavia, is charged with petit larceny. Thompson is accused of stealing a bicycle from a parking lot.

Ronald A. Smith, a Level 3 sex offender facing three new felony charges, has been given a plea offer that would reduce his time in prison to five years.

Or he could take his case to trial, risk conviction, and a maximum sentence of 21 years in jail.

He has until Aug. 8 to decide.

Last month, Smith was convicted in a jury trial of failing to register his proper address as a sex offender.

He will be sentenced on Aug. 8 on that charge, with a possible sentence of up to three and a half years in prison.

If he pleads guilty to one count of sexual abuse in the first degree, he would receive a concurrent sentence of five years max.

The three sexual abuse counts carry a maximum possible sentence of seven years each, and the sentences could be imposed consecutively.

District Attorney Lawrence Friedman explained the plea offer in Genesee County Court this morning when Smith appeared so a trial date could be set on the sexual abuse charges.

Jury selection will begin Oct. 24 if Smith doesn't accept a plea deal on or before Aug. 8.

UPDATE: To clarify the sentencing options on the failure to register conviction. Smith can receive one of two possible indeterminate sentences, either one and a half to three years in state prison, or two to four years. So, on that charge he could likely serve from one and a half to two years, with credit for time already served. If he accepts the plea offer on just one count of sexual abuse, he would receive a determinate sentence of five years.  

Previously:

• Level 3 sex offender out of prison less than four months before new allegation
• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender turns down plea deal, trial set on failure to register charge
• Level 3 sex offender found guilty of failing to register address change

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.

Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.

Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.

• Unnamed tipster leads investigators to suspected meth lab in Le Roy
• Federal charges brought against suspects in Le Roy meth lab
• Suspect in Le Roy meth lab bust now accused of passing a fake $10 bill

UPDATED 11:20 p.m.

A Batavia High School student has been arrested, accused of giving an unknown type of pill to minors at Farrall Park on May 28, reportedly making the minors ill.

Charged with two counts of endangering the welfare of a child is Ryan F. DiMartino, 16, of 8821 Rollin Circle, Batavia.

DiMartino was arrested by Batavia PD Officer James DeFreze, who said in a news release that DiMartino was arrested following a  "lengthy investigation."

While police can't release the age of the alleged victims, DeFreze said in an interview that the minors were younger than DiMartino.

Though the alleged victims became ill, they did not require medical treatment, DeFreze said.

Following arraignment in Batavia City Court, DiMartino was released and scheduled to reappear on July 12.

Derek Todd Hanchett, 21, of Arnold Road, Elba, is charged with unlawful dealing with fireworks. Hanchett was charged following an investigation by Deputy Jason Saile about a complaint of loud fireworks at 1:33 a.m., Monday, in the area of 4238 West Ave., Elba. Hanchett was allegedly found setting off fireworks and in possession of fireworks.

Edward Woods, 18, of Vine Street, Batavia, is charged with petit larceny. Woods is accused of stealing money from Darien Lake Theme Park while employed at the park.

Nicole Lynn Poler, 26, of Zig Zag Road, Albion, is charged with DWI, driving with a BAC of .08 or more and driving left of pavement markings. Poler was reportedly involved in a one-car accident in the area of 23 Allegany Road, Corfu, at 2:25 a.m. Saturday. The accident was investigated by Deputy Howard Carlson (initial report).

Benjamin Jeffery Kitanik, 26, of Maltby Road, Oakfield, is charged with unlawful possession of marijuana and driver's view obstructed. Kitanik was stopped at 2:25 a.m. Sunday on Route 77 in Darien, by Deputy Patrick Reeves.

Cody Lee Pahuta, 19, of Williams Street, Batavia, is charged with petit larceny. Pahuta is accused of shoplifting $22.88 in merchandise from Walmart.

Braydon Mitchell Edwards, 20, of Waterloo Street, Clyde, is charged with unlawful possession of alcohol under 21 years of age. Edwards was charged following an investigation into a disturbance at 5:53 p.m. Sunday at Darien Lake Theme Park.

Patrick Gregory Potwora, 26, of Horseshoe Lake Road, Stafford, is charged with a felony count of DWI, felony driving with a BAC of .08 or greater and failure to keep right. Potwora was stopped at  1:52 a.m. Monday, in the area of 20 W. Main St., Batavia, by Deputy Patrick Reeves.

Chad Michael Henning, 18, of Main Street, Akron, is charged with unlawful possession of alcohol by a person under age 21. Henning was charged following a traffic stop at 12:38 a.m. Saturday by Deputy Jason Saile on Route 77, Darien. Henning was a passenger in the car and allegedly had a container of alcohol in his hands.

The Sheriff's Office is warning area residents of a phone scam that has been hitting Genesee County and other parts of Western New York.

In this particular scam, a person receives a call on his or her mobile phone with a recorded message indicating that the person's HSBC account has been frozen. The message prompts the person to press a number to unlock the account.

"Residents are warned that is is a scam and they should hang up immediately and not respond to the recorded message," the Sheriff's Office release states.

The Sheriff's Office advises any HSBC customer concerned about their account to contact HSBC.

In general, readers should be wary of any unsolicited call prompting disclosure of personal or identifying information.

The FTC has a page on various types of phone fraud scams and how to guard against them.

A homicide in Buffalo early Friday may have a Genesee County connection.

The Buffalo News reports that Joseph Hale, 35, was shot in the back while in the area of  St. Paul Mall and Ellicott Street. He later died at ECMC.

A reader informs us that Hale was a former Batavia High School student. A public record check shows that a Joseph Hale, 35, has lived in Buffalo, Batavia and Corfu.

From the Buffalo News:

"Homicide detectives are attempting to trace the victim's whereabouts before the shooting incident occurred," said Dennis J. Richards, chief of detectives. "Mr. Hale was seen in the Allentown area earlier in the morning and prior to the shooting."

This is the city's 21st homicide of 2011.

Joshua Stanley Martaus, 27, of Overlook Drive, Batavia, is charged with possession of a hypodermic instrument and petit larceny. Martaus was arrested for allegedly shoplifting at Walmart. During the investigation by Deputy Kevin McCarthy, he was allegedly found in possession of two hypodermic syringes.

Tyler Scott Brand, 19, of Pearl Street, Springville, is charged with DWI, driving with a BAC of .08 or greater, speeding and operating in violation of a conditional-use license. Brand was stopped for allegedly going 49 in a 39 mph zone at 10:13 p.m., Saturday on Route 77 in Darien by Deputy Ron Meides.

Thomas R. Hendershott, 41, Sunrise Parkway, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and operating without insurance. Hendershott was stopped at 10:46 p.m. Tuesday on Stevens Street, Oakfield, by Sgt. Greg Walker.

A pair of Jackson Street residents are accused of selling drugs and a sawed-off shotgun during the course of a month-long investigation by the Local Drug Enforcement Task Force.

The duo was arrested Tuesday following a traffic stop by task force members on Federal Drive, Batavia.

Taken into custody were Marcos A. Torres, 29, and Marissa B. Royse, 20.

Torres and Royse are accused of selling cocaine and marijuana along with a 20-gauge shotgun that had been cut down to make it easier to conceal.

When they were arrested, they were allegedly found in possession of cocaine, marijuana and a 9mm rifle.

Both were charged with criminal sale of a firearm, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Torres and Royse were arraigned in Batavia City Court on some of the charges and ordered held without bail and then arraigned in town court on the remaining charges with bail set at $5,000.

A Covington man previously arrested for impersonating federal law enforcement agents is now accused of dealing drugs inside the Genesee County Jail.

Local Drug Enforcement Task Force members served Nikko C. Gambino, 42, of Morrow Road, Covington, with a search warrant when he recently showed up at the jail to serve part of his eight-week intermittent sentence.

Gambino was transported to UMMC "in order to execute the search warrant," according to a Sheriff's Office press release.

According to the press release, Gambino had alprazolam and suboxone in his digestive system. When Gambino reportedly passed the substances, he allegedly grabbed a quantity of alprazolam and suboxone and placed it inside his mouth in an attempt to further hide or destroy evidence.

Gambino was charged with two counts of criminal possession of a controlled substance, 5th, one count of promoting prison contraband, 1st, tampering with physical evidence and possession of a controlled substance not in its original container.

Following arraignment of Town of Batavia Court, Gambino was returned to Genesee County Jail without bail.

• Man accused of trying to pass himself off as federal law enforcement
• Covington man faces new charge for allegedly impersonating federal agent

Three suspected drug dealers were taken into custody in Byron on Wednesday after at least one of them was allegedly involved in a drug transaction with an undercover agent.

The undercover operation in Byron was the culmination of a two-month long investigation by the Genesee County Local Drug Enforcement Task Force and the Orleans County Major Felony Crime Task Force.

Arrested were Richard L. Conte, 19, of 723 S. Main St., Medina, Reynoldo Melendez Jr., 23, of 75 Arnett Blvd., Rochester, and Louis Staples, 17, of 75 Arnett Blvd., Rochester.

All three were transported to the Genesee County Jail and held on $50,000 bail each.

Following those three arrests, a fourth suspect was arrested in Clarendon. 

Investigators executed a search warrant at 4955 Holley-Byron Road, Clarendon, where Kristina A. Brongo, 19, a resident of that address, was taken into custody.

The four alleged dealers are suspected of illegally selling mostly prescription drugs in both Orleans and Genesee counties.

Task force members seized a quantity of drugs, including oxymorphone, also known as opanas, oxycontin and morphine with a street value in excess of $3,000.

Also seized was a quantity of marijuana along with $1,000 in cash, scales, packaging and other drug paraphernalia.

Besides the four suspected drug dealers arrested, two teenage girls, whose names were not released, were apprehended during the investigation and cited for alleged unlawful possession of marijuana.

Conte, Melendez and Staples were all charged with one count each of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 4th.

Brongo was charged with criminal possession of a controlled substance, 3rd, and criminal sale of marijuana.

Photos: Conti, top, Melendez and Staples.

A 28-year-old Batavia man who has set up computers and printers to help him print forge U.S. Currency will spend from three to six years in state prison.

Lendle R. Tucker was arrested in January and caught by members of the Local Drug Enforcement Task Force with equipment he used to forge money and $940 in fake money.

Tucker, initially charged with 42 counts of criminal possession of a forged instrument, entered a guilty plea in April to possession of a forged instrument, 2nd.

The admitted counterfeiter has been in this type of trouble before. He was convicted of a misdemeanor in Batavia previously and has convictions in Erie County and other states. Tucker has spent the past year in an Erie County jail.

Public Defender Jerry Ader sought leniency in Tucker's sentence, but District Attorney Lawrence Friedman argued that Tucker should receive the maximum sentence available under the plea deal.

Judge Robert Noonan took a dim view of Tucker's criminal record.

"You certainly have a terrible criminal record," Noonan said. "I think you should be counting your lucky stars for getting any plea reduction at all."

Tucker's wife doubled over in tears as the felon was escorted from the courtroom. 

This post based on the reporting of The Batavian's news partner, WBTA.

William E. Gratehouse III, is indicted on charges of criminal mischief, 2nd, reckless endangerment, 2nd, menacing, 2nd, unlawful imprisonment and endangering the welfare of a child. Gratehouse is accused of intentionally striking a 1998 Dodge Intrepid owned by another person on March 17. Gratehouse allegedly forced the car off the road after striking it. He also allegedly brandished a semiautomatic pistol during the incident and prevented the alleged victim from leaving the area. There allegedly were children in the car at the time.

John R. Sherman is indicted on charges of felony DWI, aggravated driving with a BAC of .18 or greater and driving with a BAC of .08. Sherman is accused of driving drunk Jan. 7 on Route 5 in Stafford.

Kevin C. Heschke is indicated on charges of felony DWI and driving with a BAC of .08 or greater. Heschke is accused of driving drunk April 7 on Church Street, Le Roy.

Ricky L. Miller is indicted on a charge of burglary, 2nd. Miller is accused of entering a residence on Jackson Street, Batavia, on June 7, with the intent to commit a crime.

Dana D. Hagen is indicted on charges of felony DWI and aggravated driving with a BAC of .18 or greater. Hagan is accused of driving drunk Jan. 12 on Fotch Road, Stafford.

No Bill: The grand jury found insufficient evidence to charge Thomas B. Streamer with assault, 2nd, and assault, 3rd, stemming from an alleged incident in the Town of Le Roy on Jan. 23.

The night of Tim McGraw concert at Darien Lake, the Batavia PD set up a sobriety check point on Pearl Street and made five arrests.

All five arrested had attended the concert, according to Chief Randy Baker.

Charged were:

• Matthew Perry, 18, of Batavia, charged with DWI;
• Geoffrey Howe, 28, of Auburn, charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation;
• Matthew Malloy, 22, of Batavia, charged with DWI;
• Christopher Vandusen, 38, of Kendall, charged with DWI;
• Thomas Boughner, 28, of Spencerport, charged with DWI and open alcohol beverage container in a motor vehicle.

The traffic detail was supported through the Genesee County Stop DWI program.

Baker said the city PD will use check points and DWI patrols on holidays and throughout the summer to help combat drinking and driving.

Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.

Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.

Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release.  What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)

Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.

Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.

William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.