crime

Kevin L. Madden, 24, of Albion, was charged with DWI and issued traffic tickets for unsafe speed and moving from lane unsafely, following a rollover accident on Transit Road, off Route 63 in Bethany  (reported on The Batavian yesterday), Madden was transported to UMMC, treated for minor injuries, and released to State Police. He is scheduled to answer the charges in Bethany Town Court on April 7 at 7 p.m.

Rory Howe, 21, of Attica, is charged with petty larceny. Howe is accused of shoplifting at the Wal-Mart in Batavia. According to a Sheriff's Office report, loss prevention officers at Wal-Mart apprehended Howe Monday with $55.25 worth of merchandise on her person as he exited the store.

Steve Moore, 47, of Oakfield, reportedly led law enforcement officers on a low-speed ATV chase Saturday.

The chase started in Murray and Moore was eventually apprehended in Barre, News 10 reports.

At one point Moore got off his ATV and approached a police sergeant. The sergeant tasered him, but it had no effect and Moore got back on his ATV and drove off.

He also allegedly struck a police vehicle.

Moore was charged with DWI.

Michael J. McCauley, 19, of North Chili, is charged with one count of unlawfully dealing with a child and one count of sexual misconduct. The investigation began in November 2008 when the mother of a Village youth came home to find McCauley allegedly in the house with her underage daughter. The daughter was allegedly served alcohol.  It was later alleged that McCauley and the daughter had been involved in a sexual relationship over the previous year. McCauley was arraigned and released on an order of protection.

Kyle W. Nash, 21, of LeRoy, was arrested early Monday morning for allegedly supplying a minor with alcohol. Nash was reportedly observed with an 18-year-old on Lincoln Avenue. Nash was found to be so intoxicated that police had him transported via ambulance to a hospital. Police believe Nash purchased and supplied his 18-year-old companion with alcohol. He is charged with unlawfully dealing with a child.

Sheldon Wetmore, 19, of Wyoming, was arrested in Alexander on Sunday afternoon for alleged unlawful possession of marijuana. The reported marijuana was found after Wetmore was stopped for an alleged unsafe lane change.

Jerrod J. Cramer, 31, of Alabama, was charged with a DWI Saturday afternoon after being stopped for an alleged traffic violation. Sheriff's Deputies report an open contain was found in Cramer's vehicle. He is charged with a DWI with a BAC of more than .08 percent. He was also cited for hauling an unlicensed, uninspected trailer.

Rodney McKenzie, 44, of Alden, was charged with criminal contempt for allegedly violating an order of protection out of the Town of Alabama court. McKenzie allegedly placed several harassing phone calls to an individual he was ordered not to contact.

Amanda L. King, 27, of LeRoy, was arrested Friday by LeRoy police officers on a charge of harassment in the second degree, and one count of endangering the welfare of a child. King allegedly bit a 12-year-old child during a domestic incident, leaving a bruise. King was arraigned and released on an order of protection.

Jeffery L. Bowker, 44, of Bergen, is charged with DWI out of the Village of LeRoy, after Det. John Condidorio reportedly observed Bowker make a wide right turn at routes 5 and 19, almost striking another vehicle. The subsequent investigation found that Bowker reportedly had a BAC of .18 or higher.

Dale R. Williams, 25, of LeRoy, was arrested in Bergen Saturday morning for an alleged DWI. Wiliams is reported to have had a BAC of .08 or greater. He is also charged with unlicensed operation of a vehicle.

Roland J. Reed, 37, of Batavia, was arrested Thursday for allegedly sending written letters to a person he was ordered not to contact by the Genesee County Family Court. Reed allegedly wrote the letters while in jail on a similar charge. The order was issued in January 2008. Reed is charged with 22 counts of criminal contempt in the second degree. He is being held on $1,500 bail.

Antoinette G. Fears, 18, of Holley, and Emilea G.Waters, 20, of Albion were arrested Thursday for allegedly possessing stolen property from K-Mart, Michael's Crafts and JoAnn Fabrics. The arrests came after the items were found during an investigation of an unrelated larceny dating back to March 5. Both women were charged with three counts of criminal possession of stolen property.

Cheryl J. Weber, 54, of Bergen, has been charged with identity theft, forgery and falsifying business records, all felonies. Weber is accused of using personal information of another person to secure credit cards and store credit over a five-year period. She allegedly forged the other person's signature on credit applications. Assisting in the investigation were the Experian credit reporting fraud/theft department and the Visa/Bank of America fraud department in Arizona. Weber was arraigned and released under supervision of Genesee Justice.

Three students living at College Village on Batavia Stafford Townline Road in Batavia have been charged with unlawful possession of marijuana. According to a Sheriff's off ice report, deputies were at the housing complex on an unrelated matter when the investigation led to a dorm room. When security officers knocked on the door, "several subject fled the room by exiting our a rear window."  The three young men are suspected of smoking marijuana in the dorm room.  Charged where Patrick K. Wolff, 18; Anthony C. Timberlake, 20; and, Cody P. Mayer, 18.

Joy J. Bartel, 23, of Corfu, was arrested Tuesday for alleged shoplifting. She is accused of stealing $74.80 in items from K-mart. She is charged with petty larceny.

Wooden cargo pallets were stolen Tuesday from the rear of Country Max garden and pet supply store on Main Street in Batavia.

And it's not the first time, either. But this time the folks at Country Max say they caught the pilferers on film.

“We think we know who it is,” said the store worker. “Now we're waiting to catch them if they try it again.”

The pallets pile up as retail shipments are off loaded. They come free with the merchandise, but they're still the retailer's property and not up for grabs.

Unlike previous stockpiles, the one stolen this week was to be sold. In this economy, every little bit of legal tender helps.

The Genesee County Sheriff's Office is investigating the theft of three Holstein calves from the Noble-Hurst Farm in Pavilion, according to a statement issued this morning. The theft occurred between 8 a.m. Sunday morning and 9 p.m. Monday night. The investigation is being led by Deputy J.L. Baiocco.

Randall W. McKeown, 46, of Batavia, is charged with criminal contempt in the first degree and harassment in the second degree. McKeown allegedly sent repeated text messages to a person he was ordered by the court not to contact. He is being held without bail.

Joshua Gebhard, 21, of Churchville, is charged with unlawful possession of marijuana. Gebhard was found to allegedly possess the marijuana after Sheriff's deputies responded to a loud noise complaint in Stafford.

Michael Smoke, 20, of Basom, is alleged to have had inappropriate contact with a 12-year-old child in Alabama. Basom is charged with acting in a manner injurious to a child under 17-years-old.

Joseph C. Hufford, 42, of Middleport, was arrested in Byron Monday for alleged DWI. Hufford was allegedly involved in a single-car accident. Upon investigation, Sheriff's deputies concluded he appeared to be operating a motor vehicle while intoxicated. He was charged with DWI and driving with a BAT of .08 or more. He was released on an appearance ticket.

Gina M. Kalish, 41, or Rochester, was stopped by a Border Patrol agent while driving on I-490 through Bergen Monday night after the agent reportedly observed her vehicle moving erratically on the freeway.  Upon further investigation by a Sheriff's deputy, the deputy arrested Kalish for allegedly operating a motor vehicle while under the influence of drugs.

Laurie J. Lerkins, 32, of LeRoy, was arrested Monday for allegedly biting a child on the arm and throwing items at him. Lerkins is charged with harassment in the second degree and endangering the welfare of a child. Det. John Gondidorio said the charges stemmed from a January investigation after the 10-year-old child, a relation of Lerkins, developed bruises above his arm and on his head. Det. Gondidorio said, "During the investigation it was alleged that Lerkins, during the course of a disturbance with the child, bit the child on the arm causing a bruised bite mark and also threw items at him striking him in the head, bruising his head."  Lerkins was arraigned in LeRoy Town Court and released on her own recognizance.

Andrew J. Ashley, 22, of Le Roy, was arrested in connection with an alleged altercation on March 15 in which Ashley reported punched another person in the face. The victim suffered a broken nose and a cut cornea. Ashley is charged with assault in the third degree.

Neil H. Farley III, 18, of Elba and his 17-year-old brother were arrested at their Ridge Road home Friday evening for allegedly throwing an under-age drinking party. The 17-year-old was allegedly found in possession of marijuana and several marijuana pipes were reportedly found in his room. Both are charged with unlawfully dealing with children in the first degree.

Kevin E. Moscicki, 21, of Oakfield, was arrested Saturday morning in Batavia and charged with DWI. The Sheriff's office reports that Moscicki's vehicle was observed making an unsafe lane change and an improper right turn, which led to a traffic stop.  Further investigation revealed Moscicki was allegedly operating the vehicle while intoxicated. He was charged with driving with at BAT .08 or more.

Gregory L. Brennan, 40, of Batavia was charged with DWI following a traffic stop on Slusser Road in Pembroke. He is accused of driving with a BAT .08 or greater and operating a motor vehicle without a license. Brennan was arrested early Sunday morning.

Robbie J. Stanton, 31, of Batavia, is charged with a felony DWI and operating a vehicle with a revoked license following a traffic stop in Pembroke Saturday morning.

Joseph M. Menas, 30, of Elba, was arrested and charged with DWI Thursday night after the Sheriff's office received a report of a car of the road on Route 98. When deputies arrived, the driver was not with the vehicle. Menas was subsequently found at a nearby residence. He is charged with DWI and aggravated DWI.

Batavia Police are looking for a hero who broke up an attempted robbery by two young thugs on Ellicott Street near Jackson on March 5 at about 1:30 p.m.

The victim was a 90-year-old woman.

She was accosted by two young men in their late teens, but an unknown passerby chased the suspects away.

Police want to talk to the hero as well as any other witnesses.

The BPD's press release does not indicate whether investigators have yet identified the suspects.

The hero or other witnesses are asked to call Det. Kevin Czora at 585-345-6311 or the BPD at 585-345-6350.

State officials announced in Albany yesterday the arrest of 23 people -- including an unidentified Genesee County man -- for allegedly dealing illegally in New York native species.

The group of people were allegedly capturing and selling native rattlesnakes, salamanders and turtles.

"We were addressing what was becoming a mammoth industry in New York, and that was the illegal trade in New York reptiles," said Thomas, a law enforcement lieutenant at DEC's regional headquarters in Avon, Livingston County.

Thomas said that reptiles and amphibians should be valued and protected as bedrock species in their ecosystems that consume insects and small mammals perceived as pests, and in turn being consumed by larger animals.

UPDATE: The D&C's version of the story includes this information:

Among those charged with misdemeanor counts were Kenneth R. Howard Jr., 53, of Oakfield, Genesee County, and Michael J. Loveless, 58, of Machias, Cattaraugus County. Both men are accused of illegally trapping snapping turtles and selling them in Maryland for meat.

Emmanuel Williams, 33, of Batavia was arrested Thursday night for allegedly having "physical contact with a child less than 17 years old," according to the police report. He is charged with endangering the welfare of a child. Williams is being held on $7,500 bail.

In all likelihood, Scott Doll will be released on supervised bail today (if he isn't already out of jail).  From all appearances, it looks like he and his attorney are planning a vigorous defense, as is his right.

One of the advantages of the United States is that we have a judicial system that presumes innocence and requires the government to prove its case before incarcerating an accused criminal for any length of time.

Suspects are afforded due process, the rule of law and all of the burden for proving guilt rests with the government.  It isn't up to the accused to prove his lack of complicity.  It is up to the government to win a conviction.

This is good for all of us.  It protects us from arbitrary arrest -- as often happens in less enlightened countries -- and assures us a fair chance to avoid an unjust conviction.

Our legal system isn't perfect, as no human-run institution can be perfect, but it works pretty well.

Based on some comments we've seen on The Batavian, some people are assuming Scott Doll is guilty.  The case against him doesn't look good. He was found covered in blood not far from the scene where Joseph A. Benaquist was found beaten to death. Doll and Benaquist had a prior business relationship. They once worked in the same detention facility.  The circumstantial evidence against Doll is reasonably strong.

But none of us were there. And none of us have yet seen the direct evidence that might convict Doll. 

In our legal system, it's dangerous to jump to conclusions, no matter how compelling the initial case may seem.

Unless the judge grants a change of venue, 12 honorable people from Genesee County will be called upon to judge Mr. Doll's guilt or innocence. Some of those people may be regular readers of The Batavian or aware of the case through other media. It's important that those jurors maintain an open mind, giving Mr. Doll every benefit of the doubt and requiring the government, as is its obligation, to prove its case beyond a reasonable doubt.

The legal system protects all of us. We should be sure to protect and preserve the system.  We're long past the days of vigilante justice and kangaroo courts. Let's keep it that way.

Michael Maloy, 30, of Batavia, was pulled over by Sheriff's deputies on a routine traffic stop Wednesday when a K-9 dog alerted on the vehicle, according to a Sheriff's Office report.

Further investigation revealed Maloy allegedly had heroin and hypodermic needles in his car.

He was charged with criminal possession of a controlled substance. Bail is set at $1,200.

STAFFORD, N.Y. -- A Stafford man is facing a felony assault charge after allegedly brandishing a loaded rifle during an argument early this morning.

Michael A. Nicometo, 24, was taken into custody without incident by Sheriff's deputies at 4:40 a.m.

Nicometo is being held in Genesee County Jail on $10,000 bail.

BATAVIA, N.Y. -- Scott Doll, accused of murdering Joseph A. Benaquist, could be released on bail as early as today, according to District Attorney Lawrence Friedman, pending implementation of additional release conditions of the judge and fitting Doll with a GPS tracking device.

Doll must also surrender his passport and his pistol permit. He will also be prohibited from carrying guns.

"This is a unique situation," Friedman said. "It's what I call a hybrid. (In addition to bail) the judge is imposing numerous conditions on his release."

Depending on when all of the conditions of his release are met, Friedman said, Doll could be free either today or tomorrow.

Bail was set at $100,000 cash or $200,000 bond, Friedman said, and the defendent secured a bond.

His next scheduled court appearance is May 20 for pre-trial motions.

Friedman said the investigation is ongoing and there are no new developments that he can discuss.

Asked if a motive has been uncovered, Friedman said, "The nature of our obligation is to prove elements of the case beyond a reasonable doubt. Motive is not an element of the crime, and as you know, both sides have an obligation to ensure a fair trial so motive is not something I would even discuss."

Doll is the Republican candidate for mayor in Corfu and that election is being held today.

UPDATE: The Daily News has additional information from this morning's bail hearing.

UPDATE II: WBTA has audio of an interview with Friedman posted.

UPDATE III: The national media continues to pick up on the "accused killer running for mayor" angle. Here's MSNBC's short story.

Brian Coffta, 36, of Sanford, Maine, was arrested in Batavia last night, on a charge of aggravated DWI. Coffta was allegedly observed driving in an erratic manner. Police say his BAT was .18 or higher.

Beth A. Brugger, 26, of LeRoy, is charged with aggravated DWI and leaving the scene of an accident. Brugger was allegedly spotted by another motorist driving erratically on Main Street in Batavia. A police officer subsequently observed her swerving on the road and then side-swipe a parked vehicle. Police say her BAT was .18 or higher. She was taken into custody this morning at about 1:20 a.m.

Candy R. Coleman, 53, of LeRoy, who is already serving time in the state corrections facility in Albion, pleaded guilty yesterday to one count of possession of a controlled substance and was sentenced to 90 days incarceration.

Coleman was facing other charges stemming from a December 2007 investigation.

The sentence for the guilty plea to the single charge will run concurrent to her current sentence, which stems from a conviction in Monroe County.

Detective John Condidorio, who arrested Coleman yesterday at the prison, said the other charge included alleged possession of stolen property.

In 2007, a search warrant of Coleman's Genesee Street apartment led to the discovery of alleged cocaine and paraphernalia along with items reportedly stolen from a neighbor, Condidorio said.

The investigation was delayed while Coleman went through the legal system in Monroe County on unrelated charges.

UPDATE, March 18, 10:30 a.m.:  We received this note from the State Police:

Reference the attached press release sent on 03/17/09, NYSP Clarence BCI received an anon. tip that WEBSTER WIGGINS was staying at a location in the City of Buffalo.  WIGGINS was located and arrested without incident.

BUFFALO, N.Y. -- State Police are looking for a sex offender from Buffalo who could be anywhere in the state, according to Investigator Daniel Strozyk.

Webster E. Wiggins, Jr. 33, has refused to register as a sex offender since March 2004, according the Strozyk.

"He knows he's wanted," Strozyk said. "He could be anywhere. We know he was in Buffalo last week, but we received information that he moved and we don't know where."

Wiggins last resided at 2763 Main St., Buffalo. He's been known to travel elsewhere in the state.

Wiggins is 5-8, 155 lbs and has tattoos on both arms.

State Police are requesting anyone with information on Webster E. Wiggins Jr.  contact State Police at 716-759-6831.