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Law and Order: Rochester woman accused of filing false claims to get food stamps

By Howard B. Owens

Kristin Renee Forte, 33, Alandale Avenue, Rochester, is charged with grand larceny 3rd, eight counts of offering a false instrument for filing 1st, and five counts of forgery 2nd. Forte is accused of omitting wages she earned while working when filing for SNAP benefits.  She allegedly received $3,767 in SNAP benefits she was no eligible to receive.   The case was investigated by Social Services Officer Robert Riggi.  Forte was arraigned and released on her own recognizance. 

Jay Daniel Lucas Schutt, 33, of South Pearl Street, Oakfield, is charged with harassment 2nd. At 11:30 p.m., Saturday, Schutt allegedly tackled and wrestled with another person on the ground at a location on South Pearl Street, Oakfield. Schutt was issued an appearance ticket.

(name redacted upon request), 24, of Cayuga Creek Road, Alden, is charged with evidence tampering, criminal possession of a weapon, criminal possession of a controlled substance, driving while impaired by drugs, and speed not reasonable and prudent.  xxxx was arrested following an investigation into a single-vehicle accident at 5:36 a.m., March 1, on County Line Road, Darien.  xxxx was allegedly found in possession of a controlled substance and a semi-automatic handgun.  xxxx was released on an appearance ticket.

Andrea Elizabeth Tucker, 23, of Payne Avenue, Tonawanda, is charged with harassment 2nd. Tucker is accused of making threats and hitting another person while at Darien Lake at 4:11 p.m., July 27.  She was issued an appearance ticket.

Dandre Bud Browning, 27, of Stevens Avenue, Buffalo, is charged with DWI, driving with a BAC of .80 or greater, and speeding. Browning was stopped at 12:03 a.m., July 25, by Deputy Zachary Hoy on Pearl Street Road, Batavia.

Angela Flowers, 50, no residence provided, is charged with criminal contempt 2nd for allegedly disobeying a subpoena by failing to appear in court. Flowers was issued an appearance ticket.

Kim Mobley, 58, no residence provided, is charged with petit larceny. Mobley allegedly stole multiple items from Save-A-Lot. She was issued an appearance ticket.

Antonio Goodson, no age provided, no residence provided, is charged with petit larceny. Goodson allegedly stole items from a local business on East Main Street, Batavia.  Goodson was issued an appearance ticket.

Jacqueline Hale, 33, no residence provided, is charged with assault 3rd.  Hale allegedly punched another person multiple times in the facing causing injury.  Hale was issued an appearance ticket.

Russell Blummer, 48, no residence provided, is charged with harassment 2nd. Blummer was arrested following a disturbance complaint on Thorpe Street at 9:58 p.m., Sunday.  Blummer allegedly punched a victim.  He was released on an appearance ticket.

Patrick Waite, 53, no residence provided, is charged with DWI and refusal to take a breath test. Waite was stopped at 6:05 p.m. at an undisclosed location in the City of Batavia by a police officer. Prior to the stop, police received a traffic offense complaint.  Waite was released following his arrest.

Nathan Royse, 29, no residence provided, is charged with menacing 2nd and criminal possession of a weapon. On Saturday, while on Willow Street, Batavia, Royce allegedly menaced another person with a real or imitation pistol.  Batavia PD was assisted by NYS Parole in the investigation. Royce was also charged with speed not reasonable, reckless driving, failure to stop at a stop sign, not wearing a helmet, and an uninspected motor vehicle.  Only 23, Royce was arraigned in Batavia City Court following an investigation into events that occurred July 19.  Royce allegedly fled from police in that incident. 

Ronnie Allen, 34, no residence provided, is charged with criminal mischief 4th and endangering the welfare of a child.  Allen was allegedly involved in a neighbor dispute at a location on South Main Street, Batavia. Allen is accused of breaking the door of a neighbor's residence.  He was issued an appearance ticket.

Matthew Olcott, 42, no residence provided, was arrested on a City Court warrant and held in County Jail on an unrelated warrant from the Sheriff's Office.

Francisco Martinez, 48, no residence provided, was arrested on a warrant for alleged failure to appear.  Martinez was arraigned and released on his own recognizance.  He is scheduled to appear on July 28 for sentencing.

Tommy Crawford, 32, no residence provided, is charged with criminal trespass 3rd and criminal impersonation.  Crawford is accused of entering and remaining unlawfully in a residence on Jackson St., Batavia, at 1:26 p.m., July 3, and he then provided police with a false name during the investigation.  Crawford was issued an appearance ticket.

Rosemary Waters, 35, no residence provided, is charged with criminal trespass and criminally possessing a hypodermic instrument.  Waters is accused of remaining unlawfully in a condemned residence on Jackson Street on July 3.  She was issued an appearance ticket.

Man shows up at ER with gunshot wound, police open investigation

By Howard B. Owens

Press release:

On August 1, 2021, at approximately 5:00 a.m. officers from the City of Batavia Police Department were dispatched to RRH-UMMC’s emergency department for a report of a gunshot wound.  Officers interviewed the victim, a male, who arrived at the hospital seeking treatment. The victim is in his early 40’s and officers believe that the victim was the target of the crime, and this was not a random act. The location of the incident is unknown. The victim was transported to Strong Hospital in Rochester where he was treated for non-life-threatening injuries and released.  Anyone with any information is asked to contact Detective Sergeant Matt Lutey at 585-345-6311.

Sheriff's Office warns of 'pending charges' scam

By Press Release

Press release:

If you receive a call from anyone claiming to be a member of the Genesee County Sheriff's Office and that there are pending charges against you that need to be paid for failing to appear, please hang up.  It is not the process of the Sheriff's Office to call and request payment for any outstanding criminal charges. If you have any questions regarding whether a phone call is a scam, you can call Sheriff Sheron at 585-345-3000 x3501.

Man accused of being a sexual predator facing additional child abuse charges

By Howard B. Owens
Melvin Huntley

A 40-year-old Batavia arrested earlier this month on sex abuse charges has been arrested on additional child sex abuse charges.

Melvin Andre Huntley, of Wilkinson Road, is charged with two counts of sex abuse 1st.  The children are less than 11 and less than 13 years old.  He is also charged with two counts of endangering the welfare of a child.

On July 8, he was arraigned on charges of predatory sexual assault against a child; course of conduct against a child in the first degree; first-degree rape; first-degree sex abuse.

The Sheriff's Office said of the first set of charges that Huntley was arrested after an investigation into him sexually assaulting a child/children over an extended period of time.

These new charges are the result of the ongoing investigation.

The Sheriff's Office is not releasing more information about the case at this time.   The investigation remains ongoing.

Huntley is being held in the Genesee County Jail without bail.

The case is being investigated by Howard Carlson.

Law and Order: K-9s in Batavia and Alabama assist in arresting violent suspects

By Howard B. Owens

Michael J. Perkins, no age provided, no residence provided, is charged with assault 2nd, criminal mischief 4th, criminal obstruction of breathing/blood circulation, and grand larceny 4th. It's alleged at 12:05 a.m., Sunday, Perkins assaulted another person resulting in serious physical injury. He's accused of taking the person's phone while they attempted to dial 9-1-1 at a location on Ellicott Street and then applied pressure to the person's neck causing difficulty in breathing.  Perkins reportedly fled the residence prior to officers arriving.  Officer Stephen Quider and K-9 "Batu" responded and tracked the suspect.  Perkins was located as he was attempting to flee through backyards near a city park.  He was taken into custody without further incident. Perkins was also taken into custody on a Federal probation warrant.  He was arraigned in City Court and held without bail.

Jarrot Coniglio

Jarrett C. Coniglio, no age provided, no residence provided, is charged with assault 2nd, criminal possession of a weapon 3rd, resisting arrest, and obstructing governmental administration.  Justice C. Coniglio, no age provided, no residence provided, is charged with obstructing governmental administration and resisting arrest. The two men were arrested Saturday after deputies were called to Bloomingdale Roud to investigate an assault. A person had sustained a head laceration after being struck with a beer bottle. After deputies arrived on scene, Jarrett and Justice allegedly became hostile and combative.  Deputy Andrew Mullen and K-9 "Frankie" assisted in the apprehension of the suspects. Both men were arraigned in Town of Alabama Court. Jarrett was ordered held on $5,000 bail. Justice was released on his own recognizance and turned over to the Wyoming County Sheriff's Office on a warrant.

Richard Daniel Sanderson, 36, of Lyons Street, Batavia, is charged with criminal contempt 2nd.  Sanderson was arrested at a location on Main Road in Stafford, arraigned in Stafford Town Court, and released on his own recognizance.

Antonio James Goodson, 31, of State Street, Batavia, is charged with three counts of petit larceny. He is accused of shoplifting at Walmart on July 22, 24, and 25. He was issued three separate appearance tickets and transported to the County Jail for processing. He was then released from custody.

Amanda Bowles, 35, of Pembroke, is charged with petit larceny. Bowles was arrested in the Town of Batavia by State Police at 1:22 p.m., Saturday.

Aaron M. Hatt, 25, of Alexander, is charged with criminal contempt 2nd, criminal possession of a controlled substance 7th, and aggravated family offense. He was arrested by State Police in Batavia at 2:20 a.m., Sunday and released on his own recognizance.

Tiffany A. Delgado, 44, of Rochester, is charged with DWI and driving with a BAT of .08 or greater. Delgado was arrested by State Police in Batavia at 3:27 a.m., Saturday, in the Town of Batavia, and released on an appearance ticket.

Police looking for suspect in burglary on East Main Street, Batavia

By Press Release

Press release:

The Batavia Police Department is looking for assistance identifying the pictured male in relation to a residential burglary on East Main Street, where TVs among other property was stolen. The vehicle he was operating had a spare tire on the rear passenger side and a taped-up quarter window on the rear driver side.

Anyone with information is asked to contact investigating Officer Girvin or the City of Batavia Police Department at (585) 345-6350.

Law and Order: Oakfield man accused of menacing and attempted assault after fighting with three victims

By Billie Owens

Michael Thomas Martinez, 37, of Church Street, Oakfield, is charged with: second-degree menacing; two counts of first-degree attempted assault; two counts of criminal possession of a weapon in the third degree; two counts of second-degree harassment; and trespass. He was arrested at 1:55 a.m. July 21. After an altercation between Martinez and two victims, it is alleged that Martinez hit both victims with a closed first. He then allegedly pulled out a knife and attempted to slash at the two victims with a knife, stating he was going to stab and kill them both. Martinez did allegedly cut the arm of one of the victims. He then left the scene and returned to his residence. A relative of a victim watched Martinez's house to make sure he did not leave before deputies arrived. Martinez allegedly came out of his house with a black metal pipe, which started a separate altercation. He then threatened to hit the third victim, the family member, with the pipe. Martinez then allegedly told the third victim he was going to get a gun from his house and shoot the third victim unless he left. Martinez returned to his house for a short time, then came outside. He was taken into custody by Genesee County Sheriff's deputies and NYS troopers. Martinez was arraigned in Oakfield Town Court and put in GC Jail on $10,000 cash bail. The incident was handled by GC Deputy Jacob Gauthier and Deputy Austin Heberlein with assistance from state police.

Ida Marie Vanorden, 35, of Swan Street, Batavia, is charged with second-degree attempteed assault and third-degree assault. She was arrested July 22 after an investigation for allegedly assaulting two people at 3 a.m. on July 14 on North Lake Road in Bergen. She was arraigned in Bergen Town Court and is due back there on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Pamela A. Morrow is charged with driving while intoxicated with a BAC of .08 percent or greater -- second offense within 10 years, and DWI -- second offense within 10 years. At 6:20 p.m. July 21, Morrow was arrested on Linwood Road in Le Roy. She was processed at Genesee County Jail then released on appearance tickets. She is due in Le Roy Town Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

Elizabeth Michelle Thompson, 31, of Monclair Avenue, Batavia, is charged with petit larceny. She was arrested at 12:50 p.m. July 21. It is alleged that she stole $113.28 worth of merchandise from Walmart. She is accused of walking past all points of sale without paying for the items. She was processed at Genesee County Jail, then released on an appearance ticket for Batavia Town Court Aug. 19. The case was handled by GC Sheriff's Deputy Chad Cummings.

Alabama man with multiple arrests sent to prison on 'road rage' incident, other convictions

By Howard B. Owens
      Jason Klinkbeil

An attorney for a 32-year-old Alabama man in court to be sentenced on multiple crimes expressed regret Wednesday that his client had missed his chance at a drug rehab stint before the man rammed his car into another vehicle on Bliss Road in Oakfield in December.

The timing just didn't work out Christian Catalano suggested before recommending a minimum prison sentence for Jason Allen Klinkbeil on his convictions for grand larceny, 3rd, and falsifying business documents -- one and a half to three years on each count to run concurrently.

Klinkbeil had also previously admitted to first-degree vehicle assault and Victor Mui represented Klinkbeil on that conviction.

The assault incident occurred less than two weeks after Klinkbeil was indicted by the grand larceny on the falsifying business records counts; Mui also asked for a minimum prison term.

Both attorneys said Klinkbeil doesn't have much of a criminal record, noting only one felony conviction for aggravated unauthorized operation, 1st, and should be given some consideration for his admission of guilt and seeking treatment for his substance abuse problem.

Catalano said his client was addicted to opiates.

For his part, Klinkbeil told Judge Charles Zambito that he takes responsibility for his actions and recognizes he has a drug problem he needs to address. He said he's been working and taking care of his family since his arrests in December.

"I realize I had a lot of wrong views before I had a family," Catalano said. "That's why I'm here today, trying to get things straight so I can get back to my family."

At the start of the hearing, Mui said his client wanted to ask for a two-week continuance in the sentencing so he could spend more time with his kids. District Attorney Lawrence Friedman said he saw no reason to delay the sentencing and Zambito denied the request.

Friedman had asked Zambito to impose the maximum possible sentence under the terms of the plea agreement, which was five and a half to 11 years.

Zambito said Klinkbeil's criminal actions are an example of "the harm substance abuse or alcohol abuse can produce, not only for yourself but for people around you and people you don't know."

The grand larceny charge, Zambito noted, involved a theft to obtain more drugs, and the falsifying business documents charge stemmed from trying to pawn items taken from a friend.

In the first case, Zambito said Catalano was right. That might have been a case that was eligible for transfer to drug court but in the second case, Zambito said he didn't believe Klinkbeil had accepted responsibility for his actions. Zambito had said that Klinkbeil had in some prior statement tried to blame his friend for the situation.

Klinkbeil, who had mostly been sitting between his attorneys at the defense table with his head down, looked at Zambito at this point and sat forward as if he was about to speak.  He didn't.

Zambito sentenced Klinkbeil to one and a third years on the grand larceny conviction and two to four years on the falsifying business records conviction, with the sentences to run concurrently.

Klinkbeil was sentenced as a second felony offender because of a prior aggravated unlicensed operation conviction, 1st. Contrary to the attorney's statements that Klinkbeil has a minimal criminal record, Zambito noted he's been arrested multiple times and that he had a prior probation violation.

Klinkbeil's prior criminal record includes arrests for:

  • Possession of a controlled substance, 7th, in Le Roy in July 2012
  • Criminal trespass, 3rd, in Le Roy in September 2012
  • Petit larceny in Le Roy in February 2013
  • Petit larceny in the City of Batavia in March 2014
  • A DWAI in Livonia in May 2016
  • Petit larceny in Greece in July 2016
  • AUO, 1st, in Livingston County in October 2016

On the business record charge, Zambito also ordered Klinkbeil to pay $372.60 in restitution.

Then Zambito turned to the vehicular assault conviction, which he said was the far more serious charge, calling it a "road rage" incident.

"You put the physical safety and lives of others at stake," Zambito said.

The judge noted the incongruity of Klinkbeil's desire to take care of his family and the fact that his wife was in the car at the time of the incident.

"This was all fueled by substance abuse," Zambito said. 

When Zambito reiterated that Klinkbeil didn't seem to show any remorse for the falsifying business records, Klinkbeil did speak up but Catalano told him not to speak.

"There must be a prison sentence but must it be the max?" Zambito said. "I'll give you the benefit of the concurrent sentence and give you three-and-a-half to seven years."

Law and Order: Man accused of first-degree rape on Jackson Street a dozen years ago

By Billie Owens

Editrudis Zavala-Palacio, 52, is accused of first-degree rape with forcible compulsion stemming from an incident which occurred in 2009 at an upper apartment in the first block of Jackson Street in the City of Batavia. He was arrested this month on July 7 at 5:30 p.m. and arraigned in Batavia City Court. He was put in jail on $200,000 cash, $400,000 bond, or $400,000 partially secured bond. No upcoming court date cited. No information provided about the investigator(s).

Shacerie Rivera, 24, was arrested at July 14 on Liberty Street in Batavia and charged with second-degree criminal assault and criminal possession of a weapon in the fourth degree. It is alleged that at 10:23 p.m. July 13 that she cut a person in the arm with a knife; then she is accused of interfering with police as they attempted to take another person into custody. Rivera was arraigned in Batavia City Court and released under the supervision of Genesee Justice. Rivera is due back in court on Aug. 11.

Marquele Tomlin, 30, is charged with second-degree reckless endangerment after a lengthy investigation into a report of an armed robbery at 1 a.m. May 30 on East Avenue in Batavia during which Tomlin was shot. The investigation began about 2:45 the same morning when members of the Batavia Police Department were dispatched to UMMC for a report of a victim with a gunshot wound to the hand. Tomlin stated that he had been shot during a robbery earlier in the night while walking on East Avenue, somewhere between Vine and Elm streets. Police officers, detectives and a canine scoured the area, but were unable to located any evidence of a crime scene. Several other areas of interest through the city were also checked with negative results. Detective Jason Ivison watched hours of security footage and interviewed dozens of people during the course of the investigation. Tomlin is accused of operating a vehicle with a loaded and unholstered firearm on his lap in reckless manner, which caused the firearm to discharge. According to the police report, Tomlin shot himself in the hand and the bullet exited the vehicle in the area of East Avenue and Batavia Middle School, causing a substantial risk of serious physical injury or death to another person. He was released on an appearance ticket and is due in Batavia City Court July 27. There is an ongoing investigation into the vehicle Tomlin was operating that night and a vehicle of interest has been identified. If anyone has information relating to this case, please call Detective Ivison at (585) 345-6312 or through the confidential tip line at www.bataviapolice.org.

Melanie Marrero, 20, is charged with obstruction of governmental administration in the second degree and second-degree harassment. At 10:31 p.m. July 13 on Liberty Street, Marrero was arrested after a complaint that she failed to comply with officer commands, physically resisted arrest and spit on police officers. She was issued an appearance ticket for July 20 in Batavia City Court then released.

Donald Ernest Yott Jr., 32, of Alexander Road, Alexander, is charged with: criminal possession of a weapon in the third degree -- high-capacity ammunition feeding devices; a second count of criminal possession of a weapon in the third degree -- an assault weapon; and criminal possession of a firearm. On July 20 at 4:20 p.m. Yott was arrested on the charges and arraigned in Alexander Town Court. The charges stem from a search warrant executed by the Genesee County Sheriff's Office on Sept. 6. Yott was released on his own recognizance and is due back in court Sept. 14. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Andrew Mullen.

Eric Doleman, 51, and Amanda Bowles (no age provided) were arrested and charged with petit larceny. It is alleged that at 9:37 a.m. on July 14 that they took eight pocket knives from a convenience store on East Main Street in Batavia. They are accused of fleeing on foot and were subsequently taken into custody at a separate location. Both were issued appearance tickets and are due in Batavia City Court for arraignment Aug. 3.

Antonio Goodson, 31, is charged with petit larceny. On July 12 at 12:18 p.m., Goodson was arrested for stealing two 30-packs of Budweiser beer from Save-A-Lot in Batavia. He was released on an appearance ticket and was due in Batavia City Court on July 20.

Cynthia M. Gosier, 36, of Maple Street, Batavia, is charged with petit larceny. After an investigation, Gosier was arrested July 17 on suspicion of shoplifting from Walmart. She was issued an appearance ticket returnable to Town of Batavia Court on Aug. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Travis DeMuth.

Nicholas O'Connor, 30, is charged with unauthorized use of a motor vehicle in the third degree. At 11:04 p.m. on July 4, he was arrested for allegedly keeping a vehicle beyond the time frame agreed upon with the owner. He was issued an appearance ticket and is due in Batavia City Court July 27.

Grand Jury: Man accused of seriously injuring deputy, another of intentionally seriously injuring two pet dogs

By Billie Owens

Andre L. Roberts is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Oct. 21 in the Town of Alexander, that Roberts, with intent to prevent a Genesee County Sheriff's deputy from performing a lawful duty, caused serious physical injury to the officer. In count two, Roberts is accused of resisting arrest, a Class A misdemeanor, for intentionally preventing or attempting to prevent a police officer from arresting him or another person.

Robert J. Williams is indicted for the crime of aggravated cruelty of animals, contrary to NYS Agriculture and Markets Law Section 353a(1) -- a felony. On Jan. 14, with no justifiable purpose, Williams is accused of intentionally killing or intentionally causing serious physical injury to a companion animal with aggravated cruelty. In count two, Williams is accused of the same crime involving a second animal. In counts three and four, Williams is accused of fourth-degree criminal mischief, a Class A misdemeanor contrary to Penal Law Section 145.00(1), for intentionally damaging property belonging to another -- to two dogs.

Dejon J. Smith is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 25 in the City of Batavia that Smith knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Smith is indicted for criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing the narcotic cocaine; these had an aggregated weight of one-eighth ounce or more. In count three, Smith indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for knowingly and unlawfully possessing a controlled substance -- alprazolam. In count four, Smith is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that Smith, believing certain evidence was about to be produced or used in an official proceeding, intentionally acted to prevent this. He is accused of hiding some cocaine behind a stack of storage container lids in a storage shed while hiding from a uniformed officer who was searching for him. In count five, Smith is indicted for the crime of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count five, that Smith intentionally obstructed, impaired or perverted the administration of law or other government function by means of intimidation, physical force or an independently unlawful act.

Shane M. VanName is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 1 while in the first block of North Street in the Town of Le Roy VanName violated an order of protection. He is accused of intentionally harassing, annoying, threatening or alarming a protected person, or subjecting the person to physical contact or threatening to do so. In count two, VanName is indicted for second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that he intentionally disobeyed a court order of protection out of Darien Town Court issued Oct. 23. In count three, is indicted again for second-degree criminal contempt. It is alleged in count three that he intentionally disobeyed a court order out of Darien Town Court to stay away from a second person at the same address on North Street in Le Roy.

Alexander L. Baldwin is indicted for third-degree grand larceny, a Class D felony. It is alleged that between November and December that Baldwin stole property from a couple -- U.S. currency valued at more than $3,000. In count two, Baldwin is accused of the same crime for receiving funds in excess of $3,000 from the couple to perform home improvements, thus creating a trust, and then appled the funds for a purpose other than the trust intended.

Christopher L. Taylor is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 16 in the Town of Pembroke that Taylor stole property with a value in excess of $3,000.

Myles D. Macleod is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Nov. 27 on Route 77 in the Town of Darien that Macleod rode a 2005 Harley-Davidson motorcycle while he had a BAC of .18 percent or greater. In count two, the defendant is accused of DWI as a Class E felony for operating the motorcycle that day while he was intoxicated. In count three, Macleod is accused of aggravated unlicensed operation in the first degree for riding his motorcycle that day in Darien while his driver's license was suspended or revoked by the NYS DMV Commissioner and while he was under the influence of alcohol or a drug. In count five, the defendant is indicted for circumventing a required ignition interlock device, since the motorcycle did not have one. In count five, Macleod is accused of refusing to submit to a breath test. In count six, he is accused of the violation of operating an unregistered motorcycle that day on Route 77. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Macleod is accused of having been convicted of DWI as a Class E felony on Nov. 5, 2014 in Genesee County Court. The conviction forms the basis for the suspension or revocation referred to in the current indictment and it was still in effect on the day of the crimes alleged in the current indictment.

Joel Morales Cruz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 25 in the City of Batavia that Cruz drove a 1996 Honda on Oak Street while his driver's license was suspended or revoked by the NYS DMV Commissioner. In count two, Cruz is accused of driving while intoxicated, as a misdemeanor, that day on Oak Street. In count three, Cruz is indicted for DWI, per se, as a misdemeanor. It is alleged in count three, that Cruz drove on Oak Street that day while he had a BAC of .08 percent of more. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Cruz is accused of having been convicted of driving while intoxicated as a misdemeanor on April 22, 2010 in Batavia City Court and the conviction forms the basis for the suspension or revocation referred to in the current indictment and was still in effect.

Police investigating theft from local store

By Howard B. Owens

Batavia PD is investigating a larceny at Mr. Wine and Liquor Store in Tops Plaza. 

The department did not release information on what was stolen.

The photo is of two people the police would like to question in connection with the incident to find out what they may know about it.

Officer Sean Wilson is handling the investigation.

The Batavia Police Department can be reached at (585) 345-6350 or phone the confidential tip line at (585) 345-6370.

Law and Order: Gabbey Road man accused of violating court order by speaking to neighbor, trespassing

By Billie Owens

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree criminal contempt and trespass. He was arrested July 15 for allegedly violating a stay away order of protection and arraigned in Pembroke Town Court. It is alleged that at 7:42 a.m. on July 10 on Gabbey Road that Leroy violated the order of protection by speaking to his neighbor and trespassing on his property. He was released after arraignment under supervision of Genesee Justice and is due back in Pembroke Town Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy James Stack.

Tracy Marie Pocobello, 48, of Akron Road, Pembroke, is charged with third-degree criminal mischief. At 11:45 p.m. on July 15, she was arrested. It is alleged that at 8:05 p.m. on June 29, she intentionally damaged property belonging to another person. Pocobello was released with an appearance ticket for Pembroke Town Court on Aug. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kyle Krzemien.

Amanda Marie Bowles, 35, of West Main Street Road, Batavia, is charged with fourth-degree grand larceny. On July 14 at 4:56 a.m. Bowles was arrested in connection with an incident that occurred at 1 p.m. on July 11 on West Main Street Road in Batavia. She was issued appearance tickets and is due in Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Jonathan Dimmig.

Woman admits to animal abuse charge, surrenders the rest of her dogs and cats

By Howard B. Owens

A Pembroke woman arrested earlier this year after more than 15 animals were found at her home on Akron Road in Pembroke in poor health entered a guilty plea in Pembroke Town Court to one count of animal abuse/failure to sustain under New York's Agriculture and Markets Law.

Lori Ann Adolf, 47, also entered a guilty plea to endangering the welfare of a child.

Both charges are Class A misdemeanors and could carry a maximum jail term of one year each, but under terms of the plea agreement, Adolf will likely be sentenced Oct. 13 to three years probation.

During those three years, Adolf cannot own, purchase, breed, or work with any animal of any kind.

The state does not have the authority to order her to own or keep animals for any period of time she's not on probation.

As part of the plea, Adolf also agreed to sign over six more dogs and two cats to the Genesee County Animal Shelter. Those animals are now available for adoption and as of yesterday had not been spoken for by any potential new owners.

Previously, Adolf had surrendered seven of the dogs to the shelter. 

Adolf will also be under the terms of a no-offensive-conduct order of protection in regard to the minor involved in the case.

She must also continue mental health and substance abuse care.

Previously:

Photo: File photo of one of the dogs that had been in Adolf's care after being housed at the Animal Shelter for a few months.

Law and Order: Buffalo man accused of hiding loaded firearm in Stafford chicken coop last summer

By Billie Owens

Clyde Davonta Hoskins Jr., 29, of Genesee Street, Buffalo, is charged with: criminal possession of a weapon in the second degree -- a loaded firearm; criminal possession of a stolen property in the fourth degree -- a firearm; and tampering with physical evidence. On Tuesday, July 13, Hoskins was arrested after an investigation into a loaded pistol being located in a chicken coop at midnight on Aug. 8, 2020 on Route 237 in the Town of Stafford. He was arraigned in Stafford Town Court at 1:20 p.m. yesterday and released under supervision of Genesee Justice. He is due to return to Stafford Town Court on Aug. 12. The case was investigated by Genesee County Sheriff's Investigator Kevin P. Forsyth.

Brian Michael Raphael, 33, of East Main Road, Batavia, is charged with petit larceny. At 3:45 p.m. on July 12, Raphael was arrested after being located by Genesee County Sheriff's deputies after fleeing Walmart. He allegedly stole merchandise from the store. He was processed at the jail and released on an appearance ticket. He is due in Town of Batavia Court on July 20. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Law and Order: Man accused of holding Oakfield woman against her will and strangling her

By Billie Owens

Wade Jared Murphy, 48, of Francher Road, Clarendon, is charged with: second-degree strangulation; first-degree unlawful imprisonment; and third-degree assault. At 5:35 p.m. on July 12, Genesee County Sheriff's Deputies responded to Sunset Parkway in the Town of Oakfield for a reported physical altercation. After an investigation, Murphy was arrested. The parolee allegedly held a female against her will and strangled her. He was arraigned in Oakfield Town Court and put in GC Jail without bail. Murphy is due in GC Court at a later date, unspecified. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Nicholas Chamoun.

Mathew W. Ianiro, 26, of Le Roy, is charged with: driving while intoxicated; felony aggravated unlicensed operation of a motor vehicle; reckless driving; speeding over 55 mph; operation in violation of conditional license; consumption of alcohol in a motor vehicle; and consumption of cannabis in a motor vehicle. A traffic complaint led to Ianiro's arrest on July 9 in the Town of Warsaw. It is alleged he had been forcing other vehicles off the roadway. Wyoming County Sheriff's deputies responded to a report of an erratically driven vehicle that had just entered Route 19 in the Town of Covington. Deputies intercepted the vehicle on Saltvale Road at Burke Hill Road in Warsaw. Following a traffic stop, Ianiro  was found to be the operator and sole occupant. He was also allegedly found to have open bottles of liquor and concentrated cannabis inside his vehicle and it is alleged he exhibited signs of alcohol impairment. The driver was also found to have a NYS Conditional Driver's License from 2020 that was suspended for driving while ability impaired by alcohol. It is alleged he performed poorly on field sobriety tests and he was taken into custody when his vehicle was towed from the scene. He was transported to the Wyoming County Sheriff's Office for a chemical breath analysis. He was arraigned in Warsaw Town Court and his driver's license was suspended. Ianiro was released on his own recognizance in compliance with NYS Bail Reform. The defendant is due back in Warsaw court July 26.

Parker E. Payton, 22, of Pavilion, was arrested July 8 after a traffic stop on Wallace Road in the Town of Covington for having a revoked driver's license. Deputies familiar with Payton stopped him after observing him driving. He has two active revocations and two active suspensions, one of them a revocation due to a conviction for driving while ability impaired by drugs. Payton was arrested roadside and issued an appearance ticket for the charges of: aggravated unlicensed operation in the second degree; aggravated unlicensed operation in the third degree; and unlicensed operation. Payton is due in Town of Covington Court July 26.

Law and Order: Wilkinson Road man accused of being a child sex predator, first-degree rapist and sex abuser

By Billie Owens
        Melvin Huntley

Melvin A. Huntley, 40, of Wilkinson Road, Batavia, is charged with: predatory sexual assault against a child; course of conduct against a child in the first degree; first-degree rape; first-degree sex abuse. Huntley was arrested after an investigation into him sexually assaulting a child/children over an extended period of time. He was arraigned July 8 in Town of Batavia Court and put in Genesee County Jail without bail. The investigation is ongoing and further charges are expected. No additional information will be released at this time. The case was investigated by Sheriff's Investigator Howard Carlson, assisted by Deputy Kevin Forsyth.

Donald Ray Read Jr., 49, of Mill Pond Road, Byron, is charged with two counts of criminal possession of a weapon in the third degree -- with a previous conviction; and criminal possession of a weapon in the third degree -- an explosive. At 10:09 a.m. on July 6, following the investigation into the alleged possession of a pipe bomb, Read was arrested on the charges. It is alleged that he possessed a knife with metal knuckles on the handle and a separate set of metal knuckles. He was arraigned in Stafford Town Court for Byron Town Court and put in Genesee County Jail. Read is due in Byron Town Court this afternoon at 4 o'clock. Assisting with the investigation was the GC Sheriff's Office Criminal Investigation Division, the GC Drug Enforcement Task Force, the ATF, FBI, Erie County Sheriff's Office Bomb Squad, and the GC Probation Department.

        Brandon Dodd

Brandon Dodd, 34, is charged with second-degree burglary and petit larceny stemming from an investigation into a residential burglary at 8:22 a.m. June 28 on Swan Street, City of Batavia. Dodd is accused of entering another person's apartment and stealing property including an air conditioner and television. This burglary occurred about four hours after Dodd's arrest for stealing an air conditioner from another property on Jackson Street. Dodd was put in Genesee County Jail on $5,000 cash bail, $5,000 bond, or $10,000 partially secured bond.

Brandon Dodd, 34, is charged with petit larceny. It is alleged that at 6:39 p.m. June 29 that Dodd entered a business on East Main Street in Batavia and stole about $300 worth of cigarettes. He was issued an appearance ticket while incarcerated in GC Jail on unrelated charges. He is due in Batavia City Court on July 27 to answer this charge. The case was handled by Batavia Police Officer Kevin DeFelice.

Brandon Dodd, 34, is charged with criminal possession of a controlled substance in the seventh degree. At 4:42 a.m. June 28, Dodd was arrested on Ganson Avenue after an investigation into an allegation that he took an air conditioning unit out of a window on Jackson Street in the City of Batavia. While being searched by a Batavia Police officer, a crack pipe was allegedly found on Dodd's person.

Ernest J. Parry, 40, is charged with trespass. He is alleged to remained on the premises of a business of Park Road in Batavia at 10:20 a.m. July 2 after being told to leave by security staff several times during out outdoor concert. He was issued a ticket to be in Batavia City Court July 13, no time provided, then released.

Andrew Martin, 43, is charged with second-degree criminal contempt. He responded to BPD headquarters at 5:04 p.m. July 3 and was issued an appearance ticket after an alleged violation of an order of protection. He is due in city court on July 21.

Tierance Davis Sr., 34, is charged with second-degree criminal contempt. He was arrested on a warrant out of Batavia City Court stemming from an incident June 9 in which he was allegedly located at a residence of a person who had an order of protection against him. He was released under supervision of Genesee Justice and was due in court today (July 12); time not provided.

Michael Jackson Jr., 40, is charged with: second-degree assault; third-degree assault; second-degree strangulation; criminal obstruction of breathing; and unlawful imprisonment in the first degree. He was arrested July 2 in connection to an incident at 1:30 a.m. on June 10 on Hutchins Place. He was located by Greece PD with two warrants for his arrest out of Batavia City Court. He was arraigned in city court, held at GC Jail and is due to return to city court on July 29.

Robert Gerety, 48, is charged with aggravated family offense. He was arrested at 9:48 p.m. Feb. 28 on West Main Street, Batavia. He responded to Batavia PD headquarters on his own accord after allegedly violating a stay away order of protection while involved in a traffic stop. He was arraigned in Batavia City Court July 2 then released on his own recognizance.

Samantha Lawrence, 31, is charged with second-degree criminal contempt. She was arrested June 29 after an investigation into an incident at 10 a.m. June 27 in which she is accused of violating an order of protection. It is alleged that she showed up to a protected party's workplace and that she had contact with the protected person. She was issued an appearance ticket to be in Batavia City Court on an unspecified date.

Christopher J. Wiegman, 32, is charged with criminal possession of a controlled substance in the seventh degree -- criminal possession of a hypodermic needled. Wiegman was arrested July 3 at 10:12 a.m. in Bergen stemming from an incident May 10 on Raymond Avenue following the results of a drug report from the Monroe County Crime Laboratory. It is alleged that he possessed nine hypodermic needles and cocaine residue after a Genesee County Probation home search. Wiegman is due back in Batavia City Court on July 20.

Rae Cook, 32, is charged with second-degree harassment. She was arrested at 1:55 p.m. July 6 on North Lyons Street in the City of Batavia following an unspecified incident. Cook is due on July 27 in city court.

Crystal Marsceill, 40, is charged with petit larceny. Marsceill was arrested at 4:22 a.m. June 28 following an incident outside a Batavia residence on Jackson Street. The defendant was issued an appearance ticket and is due in Batavia City Court on July 13.

Jose Castro, 36, is charged with unlawful possession of fireworks.He was arrested at 8:30 p.m. on June 29 on Willow Street in the City of Batavia after allegedly setting off fireworks. Castro was issued an appearance ticket  for a later date, unspecified, in city court.

Matthew Zakrewski, no age provided, is charged with obstruction of governmental administration. Zakrewski was arrested on a warrant stemming from an incident at 9:26 p.m. June 28, 2019, on Osterhout Avenue in the City of Batavia. The original charge is based on an incident where the defendant allegedly fled from officers in an attempt to avoid arrest. He was scheduled to appear in Batavia City Court on July 6.

Jon Charles Brooks, 51, of Vroom Road, Spencerport, is charged with: aggravated DWI: per se -- with a BAC of .18 percent or more -- no priors; driving while intoxicated -- first offense; and failure to keep right on a two-lane road. At 3:18 p.m. on July 10 on Clinton Street Road in Bergen, Brooks was arrested after a traffic stop for a vehicle and traffic law violation. He is due in Town of Bergen Court on Aug. 4. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Sgt. Andrew Hale.

Gregory Solomonidis, no age provided, is charged with driving while intoxicated. He is accused of driving while having a BAC of .08 percent or more at 5:02 a.m. July 3 on East Main Street in Batavia. During the investigation, it was allegedly revealed that he was involved in an altercation and that he was intoxicated. Solomonidis was arrested, then issued traffic tickets and released.

John Wesley Harding, 64, of West Bank Street, Albion, is charged with petit larceny. Harding was arrested at 3:40 p.m. July 9 at Walmart in Batavia after deputies responded there for a reported larceny complaint of $27.72 in merchandise. He was issued an appearance ticket and is due in Town of Batavia Court on July 26. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Law and Order: Batavia woman accused of damaging person's property, threatening them with a hammer

By Billie Owens

Liza Monica Besczyznski, 26, of Pearl Street Road, Batavia, is charged with fourth-degree criminal michief and second-degree menacing. On July 5 the Genesee County Emergency Dispatch Center received a 9-1-1 call from a resident on Pearl Street Road in the Town of Batavia. An investigation allegedly revealed the defendant damaged another person's property and threatened them with a hammer. She was arrested and arraigned in Town of Batavia Court, then released on her own recognizance. The case was handled by Deputy Kevin McCarthy, assisted by NYS Police.

Terrell Lee Thomas, 30, of West Main Street Road, Batavia, is charged with second-degree harassment -- physical contact. On July 2 at 2:40 p.m., Genesee County Sheriff's deputies responded to an address on West Main Street Road in Batavia for a harassment complaint. It is alleged that he engaged in a course of conduct which alarmed and seriously annoyed an individual on the property. Terrell was arraigned in Town of Oakfield Court and is due in Batavia Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy.

Wyatt Jeremiah Becker, of Tinkham Road, Darien, is charged with second-degree harassment. Becker was arrested at 3:12 p.m. July 6 after police investigated an incident that occurred at 5:20 a.m. that day. He was released with an appearance ticket and is due to appear in Darien Town Court on Aug. 3. The case wase handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien. 

Larry Robert Walters, 23, of Alden, is charged with: driving while intoxicated with a BAC of .08 or more; DWI -- first offense; moving from lane unsafely; and failure to keep right. Walters was arrested after a traffic stop at 10:15 p.m. on Pearl Street Road, Batavia, on July 6. Walters is due in the Town of Batavia Court on July 22. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Nicholas Chamoun.

Law and Order: Man accused of forcible rape of a person on Hutchins Place in front of four children

By Billie Owens

Jason Armstrong, 48, is charged with: two counts of first-degree rape; two counts of endangering the welfare of a child; and one count of second-degree strangulation. He was arrested at 12:34 a.m. June 28 after an investigation of an incident at 12:18 a.m. that morning on Hutchins Place. He is accused of forcibly raping a person in front of their children. He was arraigned later that morning in Batavia City Court and put in Genesee County Jail without bail.

Melton Chisom, 46, was arrested at 3 a.m. June 24 on Maple Street in the City of Batavia. Chisom is charged with: second-degreed assault; criminal possession of a weapon in the third degree; and second-degree menacing. The charges stem from an incident June 24 in which it is alleged that Chisom engaged in a physical altercation with another person and held a knife to the victim's face, causing injury which required stitches. Chisom was processed at BPD, arraigned in city court and put in jail with no bail. The defendant is due back in court on July 21.

Dawn Orlando, 51, was arrested on June 25 on Wood Street in Batavia. She is charged with endangering the welfare of a child and criminal obstruction of the breathing of a person less than 17 years old by putting pressure on the person's neck. After arraignment in Batavia City Court, she was released on her own recognizance. She is due back in court on Aug. 5.

Brandon Dodd, 34, was arrested June 15 after an investigation alleging he violated a stay away order of protection by being on the protected party's property at 3:44 a.m. June 14 and entering a secured garage. Following his arraignment in Batavia City Court on third-degree criminal trespass and second-degree criminal contempt, he was put in Genesee County Jail in lieu of $2,500 cash bail; $5,000 bond or $7,500 partially secured bond.

Brandon Dodd, 34, was arrested on June 26 and charged with petit larceny. It's alleged that he stole a bicycle from a residence on Highland Park at 1:08 a.m. Tuesday, June 22. Dodd was issued an appearance ticket and is due in Batavia City Court July 6.

Brandon Dodd, 34, was arrested June 26 by Batavia Police Officer Peter Post for petit larceny. It is alleged that Dodd stole alcoholic beverages from a local business at 8:23 p.m. June 23 on Lewiston Road. He was issued an appearance ticket for Batavia City Court and is due there July 6.

Brandon Dodd, 34, was arrested at 10:24 p.m. on June 29 following an investigation into an incident that alleges he violated a stay away order of protection. He is accused of being in the home of the protected parties while they were inside the residence. Dodd was arraigned in Batavia City Court and bail was set at $10,000 cash, or $20,000 bond, or $40,000 partially secured bond.

Sabrena Randall, 45, was arrested on a City of Batavia Court bench warrant on June 25. It stems from an unspecified incident on Sept. 22 on West Main Street. Randall was arraigned in Batavia City Court and held on $1,000 cash, $2,000 bond, $5,000 partially secured. She is scheduled to return to court on July 26. She was also arrested June 25 on a second warrant, given the same bail options and return date for a second unspecified incident.

Phillip Heale, 42, was arrested at 5:11 p.m. June 23 on Linwood Avenue in Batavia. He is charged with second-degree criminal trespass. It is alleged that he illegally entered a vacant residence on Linwood Avenue. Heale was issued an appearance ticket and is due in Batavia City Court July 26.

Thomas Tacito, 61, was arrested for second-degree criminal comtempt after a verbal dispute. The victim has a full stay away order of protection against him and the victim alleges Tacito engaged in a verbal argument with him at 4 p.m. June 27 on North Spruce Street in the city.

Donovan Johnson is charged with: third-degree criminal mischief; criminal mischief in the fourth degree; endangering the welfare of a child; third-degree mischief; and second-degree harassment. On June 24, Batavia police arrested Johnson after responding at 11:41 p.m. to a Hutchins Street address for the report of an incident in which Johnson allegedly caused damage to the walls and some property belonging to the victim while in the presence of four individuals under the age of 18. Johnson was held at the Genesee County Jail until his arraignment in Batavia City Court at 11:01 a.m. Johnson was released on his own recognizance with a return date of Aug. 19.

Christopher Wiegman, 32, is charged with: four counts of criminal possession of a controlled substance in the seventh degree; and one count of criminal possession of a controlled substance in the fifth degree -- all stemming from a traffic stop at 10:30 a.m. April 4 on East Avenue in Batavia. He subsequently had two arrest warrants and turned himself in on those on an unspecified date. He was arraigned in Batavia City Court and jailed without bail pending his next court appearance Aug. 5.

Stephanie Peterson, 43, was arrested at 9:58 p.m. Nov. 22 on Clinton Street and charged with aggravated unlicensed operation in the third degree. She was also given an appearance ticket for the charge and is due in Batavia City Court on July 21.

Reanne Reed, 26, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; speeding; open container of alcohol in vehicle. Reed was arrested after a traffic stop for speeding on Bogue Avenue at 8:57 p.m. on June 28. She was released with tickets and is due in Batavia City Court July 13.

Wendy Henry, 36, was arrested June 29 on a bench warrant for alleged failure to appear in Batavia City Court court regarding an incident that occurred at 5:37 a.m. Jan. 26. Henry was released with an appearance ticket to be in court on July 14th.

Michael Jackson Jr., 40, was arrested July 1 on a warrant out of Batavia City Court. He had previously been issued an appearance ticket for petit larceny and a warrant was issued for failing to appear in court as required. He was arraigned in Batavia City Court, held on $100 bail and is due in city court July 29.

Law and Order: Alexander Road man accused of strangling two victims, jailed without bail

By Billie Owens

Kaleb James Bobzien, 23, of Alexander Road, Batavia, is charged with: second-degree strangulation; two counts of criminal obstruction of breathing; and endangering the welfare of a child under age 17. Bobzien was arrested at 8 p.m. June 24 on Alexander Road in Batavia after an incident in which he allegedly obstructed the breathing of two victims, including one juvenile. During an altercation with the two victms, Bobzien is alleged to have placed a blanket over the face of one victim while choking the second victim with his arm. One victim reported an injury to her neck as a result of the choking. Following an investigation, Bobzien was arrested and put in Genesee County Jail with no bail. The case was handled by Genesee County Sheriff's Deputy Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

David Thomas Gay, 40, of Ellicott Street, Batavia is charged with: driving while intoxicated -- first offense; unlawfully fleeing a police officer in a motor vehicle in the third degree; second-degree obstruction of governmental administration; resisting arrest; and speeding -- exceeding 55 mph; and refusal to take a breath test. On June 30 at 8:36 p.m., Gay was arrested on Byron Road in Stafford after Genesee County Sheriff's Deputy Kenneth Quackenbush tried to stop Gay's vehicle on Route 33 for allegedly violating NYS vehicle and traffic law. Gay eventually stopped a few miles away on Byron Road. It is alleged that Gay was intoxicated and that he resisted arrest. Gay was transported to GC Jail, where he allegedly fought with officers. He was released with appearance tickets and is due in Stafford Town Court on July 9. Quackenbush was assisted by Deputy Jacob Gauthier in this case.

No bail hearing and no plea yet for Batavia man facing multiple charges

By Howard B. Owens
         Devon Wright

A Batavia man who has been arrested multiple times since 2019 but has remained out of jail apparently because of the state's bail reform law was admonished by Judge Charle Zambito today that he is "walking a fine" line while his cases are pending.

Zambito was shown a photograph provided by Genesee Justice that apparently showed Devon Wright, 19, received a traffic ticket for alleged aggravated unauthorized operation. The ticket, Zambito said, indicated that Wright was outside of his residence at night in violation of his terms of release.

It was expected that Wright would enter a guilty plea today in relation to his multiple charges but his attorney, Nathan Pace, said he needed more time to explain the charges and plea to his client. After much haggling over a date -- finding a time that fits into both Pace's calendar and the court calendar -- the parties agree to be back in court at 11:45 a.m., July 19.

After the appearance date was set, District Attorney Lawrence Friedman raised the issue of the email from Genesee Justice with the attached photo.

Friedman noted that at Wright's last court appearance -- after Wright was arrested on a weapon's charge -- he asked that Wright's bail be revoked. He renewed that request today.

Zambito read to Friedman the language of the current bail statute. The law would require Zambito to conduct a bail hearing, at which time Wright could challenge the evidence against him and present his own evidence, and even after the hearing, if Zambito determined new bail requirements were required, Zambito could only set the minimum bail necessary to assure Wright's appearance at future hearings.

"The one thing Mr. Wright has done," Zambito said, "is appear in court when he's told to appear. He may be out committing crimes but he's been here when he needs to be here. I can't change the law. I don't like it myself."

At Wright's May 24 hearing, Zambito also expressed frustration with bail reform law.

"It's impossible under the current bail reform laws," Zambito said then. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested." 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

In the past 21 months, Batavia PD has reported the following arrests:

After reminding Friedman of the constraints of the law, Zambito asked if Friedman wanted a hearing on this latest apparent violation of the terms of Wright's release and Friedman said no. 

In speaking to Wright, Zambito noted that the picture couldn't be authenticated and that may be a factor in why Friedman wasn't requesting a hearing because "if he could confirm when the picture was taken he would not only be asking that your bail be pulled but he would be asking for new charges."

He then told Wright, "You're on curfew. You need to be home at 9 p.m., not 10 after nine and you can't be out driving. Your privilege has been revoked."

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