crime

Batavia city police were called to the high school this morning shortly before school started for a report of a six-year-old boy who allegedly possessed a gun. The weapon had since been recovered by a bus driver.

Det. Richard Schauf explained in a released statement:

"The bus driver had been approached by another boy on the bus who said that the 6-year-old had a gun. The bus driver confronted the 6-year-old and he stated that he did have a gun. The boy pulled the gun out of his pocket and gave it to the bus driver."

No rounds had yet been loaded into the chamber of the gun, but there were rounds in the clip. The Department of Social Services was contacted. The name of the child has not been released.

This investigation is ongoing. We will have further information if and when it becomes available.

Updated at 12:46pm... City police will hold a news conference this afternoon at 2:00pm at the station on Main Street in Batavia. A person of interest is currently being sought, and an arrest may be forthcoming.

Updated at 1:34pm... The Daily News has since posted their article online—although it really shouldn't be called "breaking" news, since it was reported here first. Joanne Beck spoke with Margaret Puzio, city school superintendent, who told the reporter that the 6-year-old will not be allowed back into school until the "consequences" are "determined."

Tabatha A. Torcello, 42, of Alexander, now faces more than a dozen additional charges following her arrest a couple weeks back for alleged possession of a forged prescription, Genesee County sheriff's deputies said. Torcello has since been charged with four counts of second-degree possession of a forged instrument, five counts of seventh-degree criminal possession of a controlled substance, five counts of fifth-degree criminal possession of stolen property and two counts fifth-degree health care fraud.

Torcello's home was searched by deputies following her previous arrest. Inside, they found a partial prescription pad that was allegedly stolen from a dentist's office in Rochester. An investigation revealed that Torcello had allegedly used the pad to forge prescriptions and obtain drugs from the pharmacies at the Batavia Wal-Mart, Warsaw Wal-Mart and Attica Rite Aid stores between November 15 and December 3. Deputies were assisted in the investigation by the Wyoming County Probation Department and the Buffalo Field Office of the Drug Enforcement Agency.

Torcello was sent to Genesee County Jail without bail. A violation of the terms of her probation is also pending, as Torcello was under probation supervision for charges stemming from 2006 and 2007, when Torcello was accused of similar crimes.

Rita Cintron, 18, of New Jersey, was charged with trespass for an incident that occurred on December 7, deputies said. Cintron had previously been banned from the College Village dormitory apartments at Genesee Community College, yet she was allegedly located on the property by security personnel.

Who would steal a laptop and computer and then send it into the manufacture for servicing?

Whomever swiped Rich Clark's laptop last week, that's who.

Mr. Clark, 27, just dropped by The Batavian office to let his know his computer arrived safely at the service center today.

On Thursday, we highlighted a classified Clark had posted on The Batavian noting that a black box had been stolen from his work truck.

It turns out the box contained a laptop, valued at $1,000, that Clark and labeled and set up to send back for service.  Whoever took it -- whether he saw the post on The Batavian or not -- dropped the box in the mail and it arrived safely at the service center.

Clark, who operates his own satellite installation company and works for IGT, said he couldn't believe the computer had been returned. "It's just amazing. Amazing," he said.

Eric C. Garrett, 29, of 112 Tracy Ave., Batavia, was charged with a feloy count of second-degree burglary, a felony count of second-degree robbery, a felony count of second-degree assault and fourth-degree criminal mischief, a misdemeanor, Saturday, city police said. Garrett is accused of breaking into the home of a female acquaintance on Richmond Avenue. Once inside, Garrett allegedly pushed the woman to the ground and threw a coffee table on top of her. When she tried to call the police, he allegedly took her cell phone from her and broke it. Garrett was sent to Genesee County Jail in lieu of $3,500 bail.

Christopher L. Smith, 25, of Warsaw, was charged with driving while intoxicated and unlawful possession of marijuana Sunday, Genesee County sheriff's deputies said. Smith was stopped for an alleged traffic violation on Route 63 in Alabama. He was also ticketed with moving from the lane unsafely.

Daryl L. Morse, 43, of Churchville, was charged with second-degree aggravated unlicensed operation and unlawful possession of marijuana Saturday, deputies said. Morse was stopped for an alleged traffic violation on Route 33 in the town of Bergen. He was also ticketed with inadequate lights, expired inspection and unlicensed operator.

Joshua Barber, 18, of Le Roy, was charged with fifth-degree criminal possession of stolen property Saturday for an incident that occurred on December 3, deputies said. Barber was allegedly found in possession of a stolen stop sign from the corner of Harris and Asbury roads in the town of Le Roy. He had allegedly put the stop sign in the trunk of his car. The sign has since been returned to the town of Le Roy Highway Department.

Anthony Dimarzo, 18, of Byron was arrested yesterday in his home at 6404 Millpond Road, for allegedly possessing marijuana.

The arrest by Sheriff's deputies came after a probation office reported his suspicion that Dimarzo had marijuana in his house.

Dimarzo is scheduled to be arraigned on Jan. 5.

Genesee County sheriff's deputies have made an arrest following their investigation into the bomb scare yesterday afternoon at Genesee Community College. Kimberly M. Volk, 20, of 27 Dellinger Avenue, Apt: Upper, Batavia, was charged with a felony count of first-degree falsely reporting an incident. Volk is accused of sending a text message to a college student who was on the campus at the time. The message read: "I planted a bomb in the library last night, make sure your out of the building by one." The student who received the text message then notified security, which resulted in the evacuation of the campus and the subsequent search for an explosive, which was never located.

Volk was released under the supervision of the county court. She is scheduled to reappear in Batavia town court on December 16.

Genesee County sheriff's deputies are seeking a "person of interest" relating to yesterday's bomb scare at Genesee Community College. Deputies first received the call yesterday at 12:34pm that a student at the college had received a text message stating that a bomb had been placed inside the school's library that was set to go off at 1:00pm. Deputies and state police arrived on scene to evacuate everyone from the college while they investigated the threat, which was later determined not credible. We spoke with Chief Deputy Jerome Brewster this morning. He informed us that the sheriff's office knows the identity of the perpetrators, they have been interviewed, and arrests will soon be made.

UPDATE: The Daily has an updated story this morning on the bomb threat.  No arrest yet.

Martin A. Miller, 48, of Le Roy, was charged with a felony count of third-degree grand larceny and a felony count of first-degree scheme to defraud, Genesee County sheriff's deputies said. Earlier this week, Scott DeSmit of the Daily News reported on the several complaints received by the office that Miller's contracting firm had collected payment without rendering services. Miller was arrested on the specific accusation that he had taken $3,800 to repair a roof in Alexander and failed to do so. Miller is also accused of accepting money from other homeowners in Genesee County and some surrounding counties. He allegedly also failed to perform the work stated in those contracts. Miller was sent to Genesee County Jail in lieu of $10,000 cash bail.

Keith O. Patterson, 53, of 17 Clifton Ave., Batavia, was charged with felony driving while intoxicated Tuesday night, sheriff's deputies said. Patterson was seen driving on Route 5 in the town of Batavia and swerving several times over the lane lines. Patterson was also ticketed with failure to keep right and moving from the lane unsafely. He was sent to Genesee County Jail without bail.

Jon H. Bush Jr., 25, of Elba, was charged with third-degree assault and second-degree harassment last Thursday, deputies said. Bush is accused of pushing a woman over a log causing her ankle to break.

Here's one of the more interesting free classifieds placed on The Batavian yet:

I am will to trade charges from the Batavia Police for the return of the brown box that was stolen from my truck on Friday night.

Here's to hoping Richard Clark of Alexandar is able to make the swap.

Joanne Beck covered last night's meeting of the Batavia City Council in a pair of articles in today's Daily News. Both stories—a parking ban on Oak Street and a discussion on changing the city's system for payment of trash collection—were featured on WBTA this morning. The Batavian referenced both articles in our morning news roundup.

Genesee County sheriff's deputies are looking into a string of complaints about a contractor not providing services that were paid for in advance. Lakeside Home Beautification, operated by Martin A. Miller, is based in Stafford. One homeowner, Jennifer Taberski, told Scott DeSmit that she paid Miller $3,800 to fix their roof in June. Nothing has yet been done, and her money was never returned, she claims. "He basically kidnapped my money," she said. Another homeowner was recently refunded their $1,750 after Miller allegedly failed to repair a roof.

DeSmit reports:

Miller, 48, served two one-year jail terms from a criminal case in Wyoming County.

He pleaded guilty in 2002 to four counts of petit larceny for scheming people out of more than $12,000.

Sheriff's deputies are encouraging anyone with information about Miller, or anyone looking to make a complaint, to contact them at (585) 343-5000.

In other news, Virginia Kropf put together a folksy piece on five Albion families who got together Monday for a reunion of their golden retrivers, all of which—unbeknownst to the owners—came from the same Valentine's Day litter. Interesting.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Mitchell S. Schultz, 32, of Medina, was charged with driving while intoxicated Saturday, Genesee County sheriff's deputies said. Schultz was seen swerving over the lines on Lewiston Road in Oakfield shortly before he was stopped by deputies. He was also ticketed with moving from the lane unsafely, driving across hazard markings, consumption of alcohol in a motor vehicle and unlawful possession of marijuana.

Jon H. Bush, 25, and Rachael A. Baehr, 21, both of Elba, were charged with second-degree harassment Thursday, deputies said. Bush and Baehr are accused of getting in a fight with Kenneth Holley and Tanya Baehr.

Michael T. Ellis, 20, of 120 State St., Apt: Upper, Batavia, was charged with driving while intoxicated Sunday, city police said. Ellis was stopped for traffic violations on Tracy Avenue in Batavia. He was also ticketed with unsafe tires and failure to keep right.

A spending spree on five stolen credit cards that spanned Genesee, Niagara, Erie and Orleans counties and totalled more than $2,300 has led to the arrest of three men from Lockport, state police said. Investigation into the crimes began to unravel on November 25, when state police stopped Scott C. Strickland, 21, of Lockport, for a traffic violation on Beattie Road in Lockport. Strickland was then charged with seventh-degree criminal possession of a controlled substance and unlawful posession of marijuana. "Trooper John Spero recognized that Strickland resembled an individual shown in a gas station surveillance video from an ongoing credit card theft investigation," police report.

From the press release:

That investigation began after a Lockport man reported his wallet containing five credit cards was stolen... The fraudulent use of the credit cards and the use of the gift cards purchased resulted in the discovery of several different individuals being captured on various store surveillance videos. After completing the arrest process with Mr. Strickland he was picked up at ... Lockport by a relative who was accompanied by what turned out to be one of the persons shown on the store surveillance videos.

That individual was Jason M. Rutty, 24, of Lockport. Rutty was charged with first-degree identity theft and second-degree forgery. He was sent to Niagara County Jail in lieu of $5,000 bail. Later that night, Jason M. Dorsaneo, 25, of Lockport, was charged with first-degree identity theft and second-degree forgery. He was sent to Niagara County Jail in lieu of $1,000 bail.

Rutty is accused of using four of the victim's credit cards at seven businesses. Dorsaneo is accused of using the fifth card at one business.

Mug shots: Strickland (top), Rutty (middle), Dorsaneo (bottom)

Jennifer L. Ferguson,30,  of 679 E. Main St., Batavia, was charged with a felony count of first-degree sexual abuse Tuesday, city police said. Ferguson is accused of sexually abusing a 2-year-old boy whom she was babysitting. The initial complaint was made on November 23. Ferguson was released under the court's supervision pending a later appearance.

A Batavia man was one of two arrested yesterday following an investigation into the home invasion in Newstead Tuesday evening, state police said. The Batavian reported the news yesterday, prior to any arrests. A homeowner in the town of Newstead reported to police that a man wearing a hooded sweatshirt knocked on his front door Tuesday evening around 9 o'clock. Police report: "As the victim was about to let the suspect in, he observed the suspect reach into his pocket." When the homeowner tried to close the door to prevent the man from entering, several shots were fired. The man then fled the scene. All of the shots hit the door and the wall of the home. No one at the scene was injured.

Both Norman P. Michael, 23, of 303 Bank St., Batavia (right), and Albert J. Bauer, 39, of Akron (left), was charged with a felony count of second-degree attempted murder and a felony count of criminal possession of a weapon.

Both men were sent to the Erie County Jail without bail. They will reappear in court on December 10. State police have said that the investigation is ongoing and additional charges are pending.

Wesley Thigpen, 27, of 18 Maple St., Batavia, was charged with felony driving while intoxicated and third-degree aggravated unlicensed operation Sunday, Genesee County sheriff's deputies said. Thigpen was stopped on Route 33 in the town of Stafford. He was also ticketed with three traffic violations. Thigpen was sent to Genesee County Jail in lieu of $1,000 bail.

State police in Clarence are currently investigating a home invasion in the town of Newstead. From the press release:

On December 2, 2008 at approximately 9:05 p.m., the State Police in Clarence received a report of an attempted home invasion and shooting that occurred on Crittenden Road in the Town of Newstead.  The victim contacted the State Police and advised that a white male, approximately 28-33 years old, wearing a dark hooded sweatshirt knocked on the door of his residence and asked to use the phone.  As the victim was about to let the suspect in, he observed the suspect reach into his pocket.  The victim feared for his safety and shut the door to prevent the suspect from entering.  At that time at least six gun shots were fired striking the door and wall of the residence.  The subject then fled the scene.  No one at the scene was injured.   At this time, the State Police in Clarence in conjunction with the Erie County District Attorney’s Office are investigating the incident and have a person of interest in custody.  Anyone with information regarding this investigation is asked to contact SP Clarence at (716) 759-6831.

Daryl M. Oar, 38, of 3865 Pike Road, Batavia, was charged with second-degree harassment and resisting arrest Sunday, Genesee County sheriff's deputies said. Oar was picked up by deputies following an investigation into a fight at his address. He was sent to Genesee County Jail in lieu of $500 bail.

Cory R. Markidis, 19, of Rochester, was charged with a felony count of first-degree gang assault Saturday, city police said. Markidis was picked up on a warrant that dates back to April, 2007, for an incident in which he allegedly beat someone on East Main Street in Batavia, breaking the victim's nose and causing vision damage. Markidis was sent to Genesee County Jail in lieu of $5,000 bail.

Christopher E. Krauss, 45, of no permanent address, was charged with second-degree obstruction of government administration Saturday, city police said. Krauss is accused of failing to abide by the rules of the Batavia Drug Court. He was sent to Genesee County Jail in lieu of $50,000 bail.

Joshua A. Harris, 19, of 24 Columbia Ave., Batavia, was charged with fourth-degree criminal mischief and endangering the welfare of a child Sunday, city police said. Harris allegedly punched a hole in a bedroom door and smashed a glass picture frame during a domestic dispute in the presence of three young children. He was sent to Genesee County Jail in lieu of $3,500.

Marilyn J. Drilling, 47, of 4136 Colonial Blvd., Batavia, was charged with driving while intoxicated Friday, Genesee County sheriff's deputies said. Drilling was stopped on Route 5 in the town of Batavia. She was also ticketed with speeding.

Derrick D. Pearce, 27, of 3440 Pearl Street Road, Apt. B, Batavia, was charged with driving while intoxicated and aggravated DWI Saturday, deputies said. Pearce was allegedly found by deputies asleep at the wheel, pulled off to the side of the road on East Main Street in Corfu, with the vehicle still running.

John Boyce, 20, of Oakfield, was charged with unlawful possession of marijuana Thursday, deputies said. Boyce was stopped in Alabama. He was also ticketed with operating a motor vehicle with obstructed vision and drinking alcohol in a motor vehicle on the highway.

Jon H. Bush Jr., 25, of Elba, was charged with second-degree criminal contempt Wednesday, deputies said. Bush Jr. was allegedly spotted by probation officers drinking alcohol at the Oakfield Hotel, thus violating his probation. He was sent to Genesee County Jail in lieu of $500 bail.

Thomas L. Gray, 25, of Le Roy was charged with driving while intoxicated Wednesday, deputies said. Gray allegedly struck a telephone pole with his vehicle on South Street Road in Le Roy, then fled the scene and later took off on foot. He was also ticketed with leaving the scene of a property damage accident and moving from the lane unsafely.

Renee M. Bermel, 20, of Attica, was charged with petit larceny and unauthorized use of a computer Tuesday, deputies said. Bermel allegedly used a computer at the Target store in Batavia sometime several months ago to create a false gift card which she then used to purchase merchandise.

Robert L. Drozdowski, 27, of 232 N. Spruce St., Apt. E, Batavia, was charged with three felony counts of third-degree criminal possession of a controlled substance and three felony counts of third-degree criminal sale of a controlled substance, deputies said.  Drozdowski allegedly sold a quantity of cocaine and Oxycodone to an agent of the Genesee County Local Drug Task Force. He was sent to Genesee County Jail without bail.

Nick A. Hawkins, 24, currently an inmate at the Genesee County Jail, was charged with a felony count of third-degree burglary Tuesday, deputies said. That charge is related to a robbery that took place back in 2001 at the Frost Ridge Campground in Le Roy, where change was forcibly removed from vending and video game machines. Christopher D. Nolan was initially charged with the crime of burglary in 2002, because a fingerprint found at the scene matched his own. He was 21 years old at the time. After Nolan pled guilty to the charge, he was sentenced to five years of probation and restitution. Since then, a DNA profile of blood found at the scene of the crime has been found to be a match with Hawkins.

State police conducted another DWI saturation patrol following the Buffalo Bills home game this past Sunday. Four arrests were made for driving while intoxicated, among other charges. Jason A. Zymowski, 34, of Darien, was chargedw ith a felony count of driving while intoxicated, as well as a felony count of aggravated unlicensed operation.

Robert J. Jackson, 32, of 41 Maple St., Batavia, was charged with three felony counts of criminal sale of a controlled substance and three felony counts of criminal possession of a controlled substance, Genesee County sheriff's deputies said. Jackson allegedly sold a quantity of cocaine to an undercover agent of the county's Local Drug Task Force Monday. He was sent to Genesee County Jail. No bail was listed.

Roberta Green, 45, of Rochester, was charged with second-degree harassment, disorderly conduct and resisting arrest Monday, deputies said. Green is accused of getting into a fight on a bus on Park Road in Batavia and striking another passenger. She allegedly then refused to comply with the bus driver who asked her to stop and had to be focribly taken into custody by deputies upon their arrival.

Kevin Williams, 43, of Buffalo, was charged with public lewdness Monday, deputies said. Williams allegedly exposed himself in front of deputies and urinated in the 48 Deli Express parking lot on Park Road in Batavia. Williams was sent to jail in lieu of $1,000 bail.

Batavia's city police force teamed up with the Genesee County sheriff's department Friday to keep an eye out for people of legal drinking age purchasing alcohol for those who are underage.

Undercover officers took up posts outside stores that sell alcohol to keep watch. As a result of the compliance operation, police have opened an investigation of endangering the welfare of a child regarding the purchase of alcohol by a 21-year-old male, who allegedly entered a car occupied by several people under 21, two of whom were already under the influence of alcohol. Police also investigated reports of an underage drinking party. No other information was available about either investigation in the release. We are enquiring if any charges were made.

"Both agencies will continue the compliance checks and variations of it in the future to help eradicate the dangers of underage consumption of alcohol," city police said.

Tabatha A. Torcello, 42, of Alexander, was charged with second-degree criminal possession of a forged instrument Friday, Genesee County sheriff's deputies said. Torcello is accused of possessing a forged prescription at the Target store in Batavia. She was sent to Genesee County Jail in lieu of $5,000 bail.

Lacey L. Benben, 29, of Alabama, was charged with driving while intoxicated Saturday, city police said. Benben was stopped for a traffic violation on Ellicott Street in Batavia when she was allegedly found to be intoxicated. She was also ticketed with speeding and uninspected motor vehicle.

Patrick C. Schultz, 38, of Lockport, was charged with driving while intoxicated Friday, Genesee County sheriff's deputies said. Schultz was stopped for a traffic violation on Route 5 in Pembroke. He was also ticketed with speeding.

Gregory E. Durfee, 22, of Attica, was charged with driving while intoxicated Sunday, deputies said. Durfee was stopped for a traffic violation on Tinkhan Road in Darien. He was also ticketed with moving from the lane unsafely and improper left turn.

Adam J. Zack, 21, of Lancaster, was charged with driving while intoxicated Saturday, deputies said. Zack collided with another vehicle on Route 20 in Darien. He was also ticketed with driving left of pavement markings in a no pass zone.

Adam B. Thomas, 19, of 191 S. Main St., Batavia, was charged with driving while intoxicated Sunday, deputies said. Thomas was allegedly driving on Route 98 in the town of Batavia when he lost control of his vehicle while texting on his cell phone. He then veered off the road, spun around and off the other side of the road. He eventually drove into a ditch and into a tree. Thomas was uninjured. He was also ticketed with speeding and failure to keep right.

Bharat Ramsamujh, 48, of Jamaica, was charged with driving while intoxicated and aggravated DWI Sunday, deputies said. Ramsamujh was found by deputies in the parking lot of Flying J's in Pemborke, following reports of a sick and possibly intoxicated person at the gas pumps. Deputies allegedly discovered several alcoholic beverages in the vehicle. Ramsamujh was also ticketed with possession/consumption of alcohol in a motor vehicle and dark tint/unattended motor vehicle.

A few weeks ago, The Batavian reported on the search for Corrie Anderson, who was last seen in Jamestown on October 28. Earlier today, we picked up an article from the Jamestown Post-Journal that said police would be postponing the search for Anderson due to hazardous conditions.

We then received the following press release from the state police:

The Warren County Crime Stoppers in Pennsylvania and the Greater Buffalo Metropolitan Crime Stoppers are offering a cash reward for any information leading to the location of Corrie Anderson from Busti, New York.  Ms. Anderson was last since on October 28, 2008 leaving the Lake County Dodge in the City of Jamestown.  Ms. Anderson is described as a white female, 5’11’’ tall, 170 pounds, blonde shoulder length hair and green eyes.  She was last seen wearing black corduroy pants, a black leather jacket and glasses.  Ms. Anderson lives outside of Jamestown and is known to frequent Pennsylvania.  Her disappearance is considered suspicious and the New York State Police have had an ongoing investigation since she was reported missing.  A photo of Ms. Anderson is available on our website at www.troopers.state.ny.us.

Anyone in Pennsylvania with information may contact the Warren County Crime Stoppers at 1-800-83-CRIME; outside of Pennsylvania they may call (814) 728-3600.  The Greater Buffalo Crime Stoppers may be reached at (716) 856-5600.  Callers may remain anonymous.

New York State Police Senior Investigator Greg Holt will be available today at 2:00 P.M. at SP Jamestown for a press conference regarding the reward.  Please contact Trooper Gibbons at (716) 225-8712 if you plan to attend.