crime

Chad W. Burgess, 37, of St. Paul Street, Rochester, is charged with criminal possession of a controlled substance 2nd, two counts of criminal possession of a narcotic with intent to sell, three counts of criminal possession of a controlled substance with intent to sell, tampering with physical evidence, criminal use of drug paraphernalia 2nd, and unlawful fleeing a police officer. Burgess is accused of fleeing a traffic stop at 1:51 a.m. on Feb. 25 on Lewiston Road, Batavia. Both deputies and troopers pursued him before being captured on Park Road, Batavia. He was allegedly found in possession of a large quantity of narcotics. Burgess was held pending arraignment. The investigation was led by Deputy Ryan Mullen, assisted by Deputy Jeremiah Gechell.

Oraid J. Blackshear, 19, of Batavia, is charged with criminal possession of a weapon 2nd, tampering with physical evidence, resisting arrest, and obstructing governmental administration 2nd. Blackshear is accused of fleeing police on foot and resisting arrest on Feb. 16 after officers attempted to take him in custody on a warrant. He was allegedly found in possession of a loaded firearm. Blackshear was arraigned and jailed on $1,000 cash bail.

Nikkia M. Farias, 26, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Farias is accused of trying to prevent police officers from arresting another person on Feb. 16 by pulling them away from officers as they attempted to take the suspect into custody. She was issued an appearance ticket.

Alan D. Tidd, 34, of Batavia, is charged with four counts of failure to register or verify as a sex offender, second offense. Tidd is accused of failing to register four internet identifiers related to social media accounts and a phone number. He was arraigned in City Court on Feb. 16 and jailed.

Wendy L. Henry, 39, of Batavia, Brian M. Raphael, 35, of Batavia, and Jessica D. Delcour, 41, of Batavia.  Henry, Raphael, and Delcour are accused of illegally entering an apartment on Feb. 12 on Fisher Park. All three were issued an appearance ticket.

Lisa R. Richmond, 35, of Batavia, was charged on Feb. 14 with petit larceny. Richmond is accused of stealing money allegedly intended for a Batavia City School fundraiser. She was arraigned and released on her own recognizance.

Douglas G. Goodwin, 32, of Batavia, is charged with criminal trespass 3rd. Goodwin is accused of unlawfully entering a building on Harvester Avenue on Dec. 27. He was issued an appearance ticket.

John A. Cabrera, Sr., 56, of Batavia, is charged with criminal contempt 2nd. Cabrera is accused of violating a stay-away order on Feb. 11 on Washington Avenue, Batavia. He was arraigned in City Court and released.

John H. Bush, Jr., 40, of Batavia, and Jennifer K. Freeman, 40,  of Batavia, were both arrested on Feb. 15 on warrants issued by City Court. The warrants stem from a traffic stop on June 30. Bush was charged with driving on a suspended registration, aggravated unlicensed operation, resisting arrest, and criminal possession of a controlled substance 7th. Freeman was charged with criminal possession of a controlled substance 7th. Both are accused of failure to appear in court. They were arraigned and released.

Juan L. Figoura, 21, of Batavia, was arrested on a pair of warrants on Feb. 20. The first warrant charges Figoura with criminal contempt 1st, for allegedly violating an order of protection July 14. The other is related to an incident reported on Aug 17. Figoura is charged in that case with criminal contempt 1st, grand larceny 4th, criminal mischief 4th, petit larceny and harassment 2nd. Figoura was arraigned in City Court and remanded to the Genesee County Jail.

Ihsaan Y. Parker, 22, of Rochester, was arrested on Feb. 22 on a warrant. Parker was initially charged on Aug 2, with operating a motor vehicle with registration suspended, aggravated unlicensed operation 3rd, and operating without a valid inspection.  Parker is accused of failure to appear in court as ordered on the initial charges. He was arraigned in City Court and released.

Elijah G. Schultz, 29, of Mill Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, uninspected motor vehicle, consumption of alcohol in a motor vehicle, and unlicensed operator. Schultz was stopped in the Village of Le Roy at 1:36 a.m. on Feb. 12 by Deputy Ryan Mullen. He was issued an appearance ticket.

Gregory George Goodberlet, 66, of Lyman Road, Byron, is charged with DWI, aggravated unlicensed operation 1st, aggravated unlicensed operation 2nd, unlicensed driver, and moving from lane unsafely. Goodberlet was arrested at 4:39 p.m. on Feb. 19 at a location on Lyman Road following a welfare check. He was issued an appearance ticket and released.

Madeline Anne Morrison, 25, of Wood Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving on a suspended registration, and drinking alcohol or using cannabis in a motor vehicle on a highway. Morrison was stopped at 2:44 a.m. on Feb. 24 on Clinton Street Road, Batavia, by Deputy Jacob Kipler. She was issued an appearance ticket.

Michael Louis Harris, 55, of Marlbank Drive, Rochester, is charged with DWI, failure to keep right, and moving from lane unsafely.  Harris was stopped at 1:19 a.m. on Feb. 25 on Clinton Street Road, Bergen, by Sgt. Mathew Clor. He was held pending arraignment. 

Cody Alan Bush, Sr., 38, of Columbia Avenue, Batavia, is charged with aggravated harassment 2nd. Bush is accused of threatening the life of another person during a telephone call at 8:31 a.m. on Jan. 22. He was issued an appearance ticket.

Ross Conrad Poodry, 35, of Bloomingdale Road, Akron, is charged with felony DWI, aggravated unlicensed operation 1st, reckless driving, speed not reasonable and prudent, and failure to stop at stop sign. Poodry was reportedly involved in a property damage accident at 10:11 p.m. on Feb. 28 on Akron Road, Pembroke He was held pending arraignment. 

Victoria Helen Richards, 48, of Park Road, Batavia, is charged with endangering the welfare of a child. Richards is accused of providing a child with drugs while at the Quality Inn and Suites at 2 p.m. on Feb. 27. Richards was issued an appearance ticket.

Dustin Larry Stump, 53, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving a vehicle without an inspection certificate. Stump was stopped at 4:10 p.m. on March 1 on Byron Holley Road, Byron, by Deputy Zachary Hoy. He was released on an appearance ticket.

Rosemary Renee Waters, 37, of East Main Street Batavia, is charged with criminal possession of a controlled substance 7th and criminal trespass 3rd. Waters was arrested following a traffic stop and roadside investigation by Deputy Jonathan Dimmig and Deputy Zachary Hoy on Feb. 25 at 4:05 p.m. on Beaver Meadow Road, Byron. Waters is accused of trespassing on CSX Railroad property and possessing a controlled substance. She was issued an appearance ticket.

Christy Lynne Thurston, 49, of Fetzner Road, Rochester, is charged with DWI, aggravated DWI, resisting arrest, open container, failure to keep right, speeding not reasonable and prudent,  and moving from lane unsafely. Thurston was arrested following the report of a motor vehicle accident at 2:59 p.m. on March 3 on Lockport Road, Oakfield, investigated by Deputy Mason Schultz and Deputy Morgan Ewert. Thurston was released on an appearance ticket.

Kristen Lynn Fix, 49, of Washington Avenue, Batavia, is charged with DWI, resisting arrest, obstructing governmental administration 2nd, moving from lane unsafely, and unlicensed driver.  Fix was stopped at 10:12 p.m. on March 2, on East Main Street, Batavia, by Deputy Zachary Hoy. She was held pending arraignment.

Matthew J. Callaghan, 33, of Blue Spruce Drive, Rochester, is charged with DWI, aggravated DWI, and side windows not transparent. Callaghan was stopped at 12:24 a.m. on March 2 on Clay Street, Le Roy, by Deputy Carlos Ortiz Speed. He was released on an appearance ticket.

The District Attorney's Office will not appeal the dismissal of a DWI charge against a Bethany resident over a procedural error by prosecutors, Assistant District Attorney William Zickl says.

The case was dismissed on appeal by County Court Judge Melissa Lightcap Cianfrini, upholding an earlier ruling by City Court Judge Durin R. Rogers that a defendant's right to a speedy trial was violated because of the procedural error.

Zickl told The Batavian in a statement that filing an appeal would require the DA's office to convince judges at the appellate level that a question of law -- not facts -- was in dispute.  A state appeals court taking on such a case is rare and far from automatic, Zickl said, so the DA's office would need to make a compelling case that the law was improperly applied in dismissing the charge.

"I believe there is a substantial threshold issue presented in this case regarding whether such a pure question of law exists to allow the Court of Appeals to entertain the matter," Zickl said. "Based upon the foregoing procedural backdrop and the fact that this decision will not have broad application due to its highly unusual fact pattern, we have decided not to attempt to gain leave to appeal the decision of the County Court to the Court of Appeals."

Rogers dismissed the case, according to a court document, because the DA's office was not ready for trial more than a year after the arrest of the defendant. The Sixth Amendment guarantees those accused of a crime the right to a speedy trial.

Background
On July 3, 2021, Gregory R. Solomonidis was arrested in the city of Batavia following a traffic stop on East Main Street. Solomonidis was accused of driving with a BAC of .08 or greater.

On Aug. 26, 2021, at a City Court hearing on the case, ADA Joseph Robinson filed with the court what is known as a Certificate of Compliance, which is a document that informs the court and the defense that all material in possession of the prosecution that the defendant has a right to review has been turned over to the defense.  The defense has a right to review all material relevant to the charges, including material that might aid the accused.

On Sept. 17, the defense filed a motion seeking dismissal because the prosecution did not provide a copy of the dispatch center recording of police transmissions relevant to the arrest of Solomonidis. The prosecution countered that the discovery material included notice that the recording existed with instructions on acquiring a copy of the recording if the defense wished to listen to it. 

According to court documents, ADA Jenna Bauer, who took over the case at this time, argued in court that as a former dispatcher, she understood the difficulty in retrieving recordings given the limitations of the communication system in the dispatch center and that retrieving recordings took considerable time for a dispatcher.

On Nov. 30, 2021, the court held a hearing to examine the evidence in the case and the arresting officer was called to the stand.  During cross-examination, the officer was asked about his prior employment as a part-time police officer in the village of Perry. The officer testified that he had left the job because he believed he had violated the department's social media policy with a post or posts on Snapchat.  In court documents, this is called "the Snapchat incident." 

The officer said the department did not discipline him due to this incident.  Batavia PD subsequently hired him, and he remains a Batavia police officer.

Even so, the defense argued that this incident, which was apparently not discussed in detail during the hearing, constituted "50-a" material, or material in an officer's personnel file that could conceivably impeach the officer's credibility. 

The court gave the prosecution -- in keeping the existing case law -- more time to comply with the discovery requirements.

At a hearing on March 1, 2022, Bauer informed that no effort had been made to obtain information on the "Snapchat incident."  On March 17, she requested more time to obtain the information. 

"I have started my inquiry with the Perry Police Department," she told the court.

On March 28, the DA's office received a letter from the village of Perry clerk regarding the incident, and that letter was provided to the defense.

A month later, Rogers dismissed the charge against Solomonidis.

Appeal to County Court
In her ruling, Cianfrini overturned Rogers on the issue of the dispatch center recording. She determined the DA's office had complied with discovery rules by informing the defense the recording existed and providing instructions on how to obtain it and that once the defense made a request in court, the DA's office produced the recording within two days.

Cianfrini did find, however, that prosecutors failed to exercise "due diligence" in trying to acquire documents from the Perry Police Department regarding the "Snapchat incident." 

Cianfrini compared prosecutors' actions with a ruling in another case, People vs. Godfred, where a prosecutor provided extensive details on how she tried to obtain discovery material but could not.  The documentation provided to the court in that case demonstrated "due diligence" and "reasonable effort" as required by the law.

"... the Appellant's Brief is absolutely silent as to the steps the various prosecutors assigned to this case took to ensure that it had ascertained the existence of all discoverable information as it relates to impeachment materials, most notably the "Snapchat incident," Cianfrini wrote. "There is no explanation as to why the People were unaware of these potential impeachment materials. It is nearly impossible for this Court to gauge how obvious the missing materials would have been, given the dearth of information provided by the People. Moreover, the People provided a letter from the Perry Village Clerk. No letter was received from the PPD itself."

And she continues, "Unlike the prosecutor in Godfred, no clear record was made by any of the prosecutors assigned to this case as to specifically whom at the PPD was contacted to obtain the information (such as the police chief or supervising officer), method(s) of contact and attempted contact, or if they even spoke with the Officer himself about the violation after learning about it."

Cianfrini is a former first district attorney in Genesee County and noted in a footnote that the lack of due diligence could result from multiple ADAs handling the case, which led to the procedural issue being overlooked. 

"Given the lack of record of the efforts taken to ascertain the existence of the Snapchat incident, this Court is constrained to find that the prosecutors did not exercise due diligence or make reasonable inquiries to discover the existence of the same," Cianfrini ruled. "Thus, the initial COC and any subsequently filed COC were illusory, and the People were not ready for trial."

The COC is the Certificate of Compliance that all discovery has been turned over.  If evidence is missing, the legal term for the defect is "illusory." 

The lack of readiness for trial denied Solomonidis his right to a speedy trial, Cianfrini ruled. Thus, she upheld the dismissal of the DWI charge.

Batavia Police Chief Shawn Heubusch expressed dismay at the case's outcome, saying that the officer in question is a valued law enforcement officer.  He issued the following statement:

A recent ruling by a Genesee County Court dismissed a DWI charge made by a Batavia Police Department officer because of a prosecutorial error. 

The Court determined that the prosecution did not disclose that the arresting officer resigned from his position as a part-time officer with the Village of Perry Police Department over a social media matter. The officer resigned and subsequently joined the Batavia Police Department.

Our officer fully disclosed this matter during his interview with us. The Batavia Police Department fully supports our officer, and he has an exemplary service record.

Felicia R. Sherrell, 43, of Batavia, is charged with DWI, driving while ability impaired by drugs and alcohol, failure to keep right, leaving the scene of a property damage accident, harassment 2nd, and resisting arrest. Sherrell was arrested in connection with a motor vehicle accident reported on Dec. 17. According to police, Sherrell's vehicle struck a sign on West Main Street at Oak Street, Batavia, and then left the scene. Once located, Sherrell allegedly resisted arrest and struck an officer. She was released on an appearance ticket.

Isaiah J. Munroe, 33, of Batavia, is charged with assault 3rd, unlawful imprisonment 2nd, and criminal mischief 4th. Munroe is accused of being in a fight with another person on Walnut Street, Batavia, on Feb 4. He is accused of restraining a person and preventing the person from calling for help. He was arraigned and released.

Michael R. Ostrander, 59, of Batavia, is charged with assault 3rd. Ostrander is accused of hitting another person, causing injury, during an incident on Feb. 9 on Mill Street. Ostrander was arraigned and released.

Leona J. Polk, 44, of Le Roy, is charged with harassment 2nd. Polk is accused of striking a nurse in the emergency room at UMMC on Feb. 12. She was issued an appearance ticket.

Rebecca R. Fugate, 33, of Batavia, is charged with harassment 2nd. Fugate is accused of striking a person on Feb. 12 while on a bus in Batavia. She was issued an appearance ticket.

Kristen R Aquino, 40, no community listed, is charged with DWI. Aquino was stopped on Feb. 3 on Liberty Street by a Batavia patrol officer. She was issued an appearance ticket.

David J. Sokolowski, 54, of Batavia, is charged with criminal possession of a controlled substance 7th. Sokolowski was allegedly found in possession of narcotics on Feb. 6 in the city of Batavia. He was issued an appearance ticket.

Jaylinn M O'Neil, 33, of Le Roy, was arrested on Feb. 7 on a warrant issued by City Court. O'Neil was initially charged with aggravated unlicensed operation of a motor vehicle 3rd on Nov. 8. She is accused of failure to appear in court as ordered. She was arraigned in City Court and released pending her next court appearance.

Peter Hubbard, 43, of Lovering Avenue, Buffalo, is charged with DWI, DWAI (combined influence of drugs and alcohol), driving with a BAC of .18 or greater, moving from lane unsafely, driving left of pavement markings.  Hubbard was charged following an investigation by deputies Zachary Hoy and Nicholas Chamoun at 5:40 p.m. on Dec. 16 on Ellicott Street Road, Pavilion.  He was arrested on Feb. 17. Hubbard was released on an appearance ticket.

A 13-year-old was arrested by State Police on Feb. 15 and charged with burglary 3rd. The alleged burglary was reported on Dec. 29 at 5:17 p.m. in the Town of Elba. No further information released.

Jacqueline M. Kotas, 49, of Alden, is charged with DWI. Kotas was stopped by State Police at 9:30 p.m. on Feb. 13 in the Town of Darien. She was issued an appearance ticket.

Dylan T. Jordan, 22, of Bliss, was arrested on a warrant on Jan. 29.  The arrest stems from an incident reported on Jan. 15. Jordan is accused of engaging in a fight with police officers in the emergency room at UMMC. Jordan allegedly placed an officer in a headlock and attempted to strangle him. Jordan was charged with attempted assault 2nd, attempted strangulation 2nd, criminal obstruction of breathing, obstructing governmental administration 2nd, and harassment 2nd. Jordan was arraigned in City Court and released under supervision.

Edmund Sobresky, 54, of North Street, Batavia, is charged with DWI/Drugs. Mathew Parker, 34, of Batavia, is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. Katelyn Jimenez, 30, of Eagle Street, Medina, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and criminal impersonation. Deputies conducted a traffic stop at 1:30 a.m. on Feb. 8 at Route 33 and Route 5, Batavia. Deputies determined that Sobresky appeared to be driving while under the influence of drugs. During the traffic stop, found the occupants of the vehicle were allegedly in possession of a large quantity of narcotics, enough to lead to accusations of dealing drugs.  Jimenez is also accused of providing deputies with a false name. All were held pending arraignment.

Tajhenne T. Walker, 28, of Buffalo, and Ericka K. McBride, 34, of Buffalo, are charged with grand larceny 4th, possession of burglar tools, and conspiracy 6th. Walker and McBride are accused of stealing merchandise from Ulta Beauty on Veterans Memorial Drive, Batavia, at 7:28 p.m. on Feb. 3rd. They were released on appearance tickets.

Danny D. Williams, 35, of Batavia, is charged with criminal contempt 1st.  Williams is accused of violating an order of protection on Jan. 28. He was arraigned in City Court and ordered held. 

Olivia J. Patten, 26, of Oakfield, was arrested on Feb. 1 on a warrant issued by City Court. Patten was initially charged on Nov. 1 with aggravated unlicensed operation of a motor vehicle 3rd. She was accused of driving with a suspended license. A warrant was issued after she failed to appear in court. Patten was arraigned in City Court, where the case was settled.

Scott D. Murray, 38, is charged with criminal contempt. 2nd. Murray is accused of violating an order of protection on Jan. 31 by making contact with a protected party while at the Genesee County Courthouse. He was arraigned in City Court and jailed.

Jeanna M. Hattaway, 37, of Batavia, was arrested on Jan. 30 on a warrant issued by City Court. Hattaway was initially charged on Dec. 13 with criminal possession of a controlled substance 7th in connection to an incident reported in April, 2023. A warrant was issued after Hattaway failed to appear in court. Hattaway was arraigned in City Court and released under supervision.

Adrienne S. Bechtold, 28, of Batavia is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold was allegedly found in possession of narcotics and drug paraphernalia after police responded to a report on Jan. 27 of a suspicious vehicle on East Main Street, Batavia. She was issued an appearance ticket.

John A. Cabrera, Sr., 56, of Batavia, is charged with petit larceny. Cabrera is accused of stealing merchandise from Kwik Fill on Jackson Street, Batavia, on Jan. 26. He was issued an appearance ticket.

James W. Zurek, 20, of Batavia, was arrested on Jan. 29 on two warrants. The first warrant stems from an incident in August 2022 when Zurek was charged with strangulation 2nd, assault 3rd, and petit larceny after a disturbance on Cedar Street. The second warrant charged Zurek with bail jumping 3rd. He was arraigned in City Court and released under supervision.

Andrew William Taylor, 36, of West Main Street, Batavia, is charged with petit larceny. Taylor is accused of stealing $39.97 worth of merchandise from Walmart at 1:07 p.m. on Feb. 2. Taylor was released on an appearance ticket.

Richard Wayne Rumble Jr., 39, of Scribner Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 1st, unlicensed operator, and drinking alcohol in a motor vehicle. At 12:27 a.m. on Jan. 16, a caller reported a vehicle swerving into oncoming traffic on Route 5 in Pembroke. The caller followed the vehicle to Crosby's in East Pembroke and stayed on scene until Deputy Carlos Ortiz Speed and Deputy Ryan Mullen arrived.  The deputies reportedly found a driver asleep behind the wheel of the pickup truck. Rumble was released on appearance tickets.

Philip Stewart Mayberry, 52, of South Geddes Street, Syracuse, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd.  Mayberry was arrested following an investigation into an incident at 8250 Park Road, Batavia, at 11:47 a.m. on Jan. 22. Mayberry was released on an appearance ticket. Also charged, Shandell Marie Lissow, 35, of Allen Road, Albion.

Ashton Lea Mohney, 33, of Ross Street, Batavia, is charged with promoting dangerous contraband in prison 1st. Mohney was arrested in connection with an incident reported a 8:15 a.m. on Feb. 5.  The incident was investigated by Deputy James Stack. Mohney was arraigned in City Court and ordered held. No further details were released.

Jacob William Patterson, 28, of East Main Street, Batavia, is charged with criminal possession of controlled substance 7th and criminal use of drug paraphernalia 2nd. Patterson was arrested during a check-the-welfare call at a hotel on Park Road at 11:30 p.m. on Feb. 6. He was held pending arraignment.

Jacob William Patterson, 28, of East Main Street Road, Batavia, is charged with introducing prison contraband 1st. Patterson was arrested in connection with an incident at the Best Western Hotel in Batavia and transported to the Genesee County Jail. He is accused of bringing dangerous prison contraband into the jail. He was held pending arraignment.

Mary Ann Virgilio, 48, of State Street Road, Batavia, is charged with criminal tampering 3rd. Virgilio is accused of entering a residence on State Street Road, Batavia, at 4 p.m. on Feb. 1, and then denying the resident of the property access to the home by locking an internal screen door. Virgilio was issued an appearance ticket.

Austin Chase Durham, 28, of Dewey Avenue, Batavia, is charged with aggravated harassment 2nd. Durham is accused of repeatedly sending text messages on Feb. 6 to another person with the "intent to harass, annoy, or alarm, with no legitimate communication," after being warned by a police officer to cease communication with the person. Durham was ordered held pending arraignment.

Thomas Matthew Gang, 43, of Alleghany Road, Alabama, is charged with DWI and driving with a BAC of .18 or greater.  Gang was stopped at 5:03 p.m. on Feb. 5 on Roberts Road, Alabama by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Kristan Rae Aquino, 40, of Maple Street, Batavia, is charged with criminal mischief 4th. Aquino is accused of intentionally damaging a bed inside the Genesee County Jail at 4:46 a.m. on Dec. 3. Aquino was arrested on Feb. 6 and issued an appearance ticket.

Jeanna Marie Hathaway, 37, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Hathaway was stopped at 1:20 p.m. on Feb. 9 on South Main Street, Elba, by Deputy Jacob Kipler. She was allegedly found in possession of methamphetamine. Hathaway was processed at the Genesee County Jail and released on an appearance ticket.

Jeanna Marie Hathaway, 37, of Bank Street, Batavia, is charged with petit larceny. Hathaway is accused of stealing merchandise from Ulta Beauty at 3 p.m. on Jan. 30. She was released on an appearance ticket.

Stephanie Marie Hockenberry, 36, of Thomas Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation 3rd, driving on a suspended registration, and no motor vehicle insurance. Hockenberry was stopped at 8:07 p.m. on Feb. 9, on Route 33, Stafford, by Deputy Jacob Kipler. Hockenberry was issued an appearance ticket.

Luis Alexis Harloff, 41, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, and unlicensed driver. Harloff was stopped at 2:30 a.m. on Feb. 10 in the parking lot of a location on South Main Street, Elba, by Deputy Jacob Kipler.

Rob Arthur Shuttleworth, 66, of Scotland Road, Akron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operator 2nd, driving without an interlock device, and driving left of pavement markings. Shuttleworth was stopped at 2:13 am. on Feb. 10 on North Lake Road, Pembroke, by Sgt. Mathew Clor.

Janell Marie Sauer, 48, of Summit Street, Batavia, is charged with criminal possession of a controlled substance 7th. Sauer was charged following a traffic stop at 2:13 a.m. on Feb. 10 on North Lake Road, Pembroke, by Sgt. Mathew Clor. Sauer was a passenger in the vehicle.

Richard James Burdick, 46, of Coward Road, Byron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation of a motor vehicle 3rd, unlicensed operation, and failure to keep light. Burdick was stopped at 6:20 p.m. on Feb. 12 on West Main Street, Batavia, by Deputy Mason Schultz. Burdick was released on an appearance ticket.

Lisa Marie Fox, 52, of Crimson Heights, Albion, is charged with criminal possession of a controlled substance 7th and facilitating aggravated operation 3rd. Fox was allegedly in possession of narcotics while a passenger in a vehicle stopped at 6:20 p.m. on Feb. 12. She is accused of knowing the driver was driving on a suspended license. She was released on an appearance ticket.

Amy Susan Goodenow, 43, of East Road, Batavia, is charged with petit larceny. Goodenow is accused of stealing a person's car keys and refusing to return them in an incident reported at 12:22 a.m. on Jan. 20. She was issued an appearance ticket.

Christine M. Caplis, 43, of West Main Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Caplis was arrested on Feb. 13 in connection with an alleged possession of a controlled substance on April 18 during a traffic stop in Corfu. She was arrested after police investigated a disturbance on Dellinger Avenue, Batavia. She was issued an appearance ticket.

Erich Douglas Hildebrant, 45, of Batavia Bethany Townline Road, Batavia, is charged with endangering the welfare of a child.  Hildebrant was charged after an incident reported at 9:20 a.m. on Feb. 2. He is accused of holding a firearm in his hands while making statements and conducting himself in a manner that was detrimental to three children in his presence at the time.

Batavia PD is seeking the public's assistance in identifying a person of interest in relation to a theft investigation.

The police did not release details on the alleged crime -- its location or what may have been stolen. The police did not say whether the photo above directly corresponds to the incident under investigation.

Anybody with information that could help police identify the person in the photo are asked to contact Sgt. Christopher Lindsey at 585-345-6365.

The police department also accepts tips through an online form.

A raid on a residence at 36 Dellinger Ave., Batavia, on Friday morning led to the arrest of three people on drug-related charges, according to the Sheriff's Office.

The raid was the result of a warrant issued following an investigation by the Local Drug Task Force.

The Emergency Response Team assisted in the apprehension of the suspects, leading to Dellinger being closed to civilian access for about 45 minutes on Friday.

Taken into custody were Pierre Mahon "GameChanger" Humphrey, 33, of Trentall Street, Rochester, Malinda June Falk, 42, of Dellinger Avenue, Batavia, and Matthew J. Reed, 39, of Ellicott Street, Batavia.

All three are charged with two counts of criminal possession of a controlled substance in the third degree (with intent to sell), a Class B felony, Criminal Possession of a controlled substance in the third degree (in excess of one-half ounce), a Class B felony, and criminal use of drug paraphernalia in the second degree, a Class A misdemeanor.

The three suspects were arraigned in City Court. Humphrey was ordered held without bail. Falk and Reed were released under supervision.

Assisting in the investigation and arrest were the Sheriff's Office, Batavia PD, City Fire, and the District Attorney's Office.

A 40-year-old Rochester resident is accused of committing a late-morning burglary at a residence in the Town of Elba on July 7.

Omar Cabrera is charged with burglary in the second degree, a Class C felony, three counts of burglary in the third degree, a Class D felony, criminal mischief in the third degree, a Class E felony, and petit larceny, a Class A misdemeanor.

At 11:47 a.m. on July 7, the Sheriff's Office received a report of a burglary at a residence and a detached building on the property. Deputy Jermey McClellan responded and conducted the initial investigation.  Investigators Ryan DeLong and Howard Carlson then responded, collecting photographs and physical evidence. 

Cabrera was identified as the suspect during the course of the investigation. 

He is accused of entering the residence unlawfully and in the process, causing property damage in excess of $250 in value.  He is accused of stealing copper fittings. He is accused of entering the detached building with the intent of committing a crime once inside.

On Jan. 31, Cabrera was located in Rochester with the assistance of the U.S. Marshal's Task Force, and transported to Genesee County and held pending arraignment.  Once arraigned, he was ordered held on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.

Kaila S. Smith, 27, of Batavia, is charged with filing a false written statement and falsely reporting an incident. Smith is accused of falsely reporting a sexual assault on Jan. 5. She was arrested on Jan. 13 and issued an appearance ticket.

Michael A. Sweet, 37, of Batavia, is charged with grand larceny 4th. Sweet is accused of taking payment to complete renovations on a residence in Batavia and then never completing the work. He was issued an appearance ticket.

Maverick X. Cook, 18, and Patrick J. Peters, 18, both of Batavia, are charged with open burning. Cook and Peters are accused of starting several fires on sidewalks and parking lots in the area of Ellicott Street and Liberty Street, Batavia, in December. Both were issued appearance tickets.

Darrell Laverne McFadden, 53, of Clinton Street Road, Batavia, is charged with assault 2nd. McFadden is accused of causing serious physical injury during a fight at 12:30 p.m. on Jan. 19, at a location on Clinton Street Road. He was jailed pending arraignment.

Jessica B. Eschenlauer, 34, of Batavia, is charged with burglary 2nd, criminal contempt 2nd, and aggravated family offense. Eschenlauer is accused of being inside a residence in violation of an order of protection. She was arraigned and released.

Roger M. Hofmeier, 22, of Batavia, is charged with criminal possession of a weapon 3rd. In July 2022, Hofmeir was allegedly found in illegal possession of a firearm. He was arrested on Jan. 11, arraigned in City Court, and released under supervision.

Nikkia M. Blackshear, 26, of Batavia, is charged with trespassing. Blackshear is accused of refusing to leave 7-Eleven on Jan. 20. She was issued an appearance ticket.

Adrienne S. Bechtold, 28, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold was charged following a traffic stop on Jan. 18 on Ross Street, Batavia. She was allegedly found in possession of narcotics and a scale. She was issued an appearance ticket.

Vincent J. Disalvo, 48, of Webster, is charged with harassment 2nd and trespassing. Disalvo is accused of kicking another person during a fight in the 7-Eleven Parking lot. He then allegedly entered the store after being told he wasn't allowed in the store. He was issued an appearance ticket.

Anthony A. Bomasuto, 29, of Batavia, is charged with criminal obstruction of breathing. Bomasuto is accused of being involved in an incident on Jan. 15 on Ellicott Street, Batavia. He was arraigned and released.

Trace G. Brewer, 23, of Batavia, was arrested on a warrant. Brewer was wanted on charges of petit larceny and conspiracy 6h.  She was allegedly involved in a theft with another person of merchandise from 7-Eleven. She was arraigned and released.

Lorrie Beth Fischer, 45, of Park Road, Batavia, is charged with misapplication of property. Fischer is accused of possessing another person's property on Dec. 29 and, rather than returning it, selling it. She was arrested by Deputy Mason Schultz on Jan. 22. She was issued an appearance ticket.

Nicole K. Dell, 38, of Silver Springs, was arrested on a warrant on Jan. 25. Dell was initially arrested on May 23, 2022, and charged with DWI. The warrant was issued after she allegedly failed to appear in court. Dell was arraigned and released. 

Jacob J. Frayne, 26, of Darien, is charged with aggravated DWI and aggravated unlicensed operation. Frayne was charged following a traffic stop on Jan. 26 on Pearl Street, Batavia. He was issued an appearance ticket.

Takari G. Lang-Smith, 22, of Batavia, is charged with DWI. Lang-Smith was stopped on Jan. 28 at an undisclosed location by Batavia PD. He was issued tickets and released.

Richard M. Fuhry, 42, of Brockport, is charged with DWI. On Jan. 20, Batavia patrol offices were dispatched to North Park and Ross Street for a report of a fight in the street. Fuhry was accused of being involved in the fight and then located driving on Seneca Avenue. He was issued several tickets.

Brian J. Hawkins, 44, of Olean, was arrested on Jan. 22 on two warrants issued by City Court. The first was a bench warrant related to an incident in 2019 where he allegedly provided alcohol to a person under the age of 21. The second warrant was an arrest warrant for Bail Jumping 3rd. Hawkins was arraigned and released.

Tanika N. Avant, 22, of Batavia, was arrested on Jan. 22 on a warrant issued by City Court. The warrant stemmed from an incident in April of 2023 where she was charged with two counts of harassment 2nd and one count of endangering the welfare of a child after a disturbance call on Bank Street. Avant was arraigned in City Court and remanded to the Genesee County Jail. 

Johnny Burton Koonce, Jr., 33, of Federal Drive, Batavia, is charged with criminal contempt 1st, aggravated unlicensed operation 3rd, and failure to stop at a stop sign.  Koonce was stopped at 1:53 a.m. Jan. 20 by Sgt. Mathew Clor.  The passenger in the vehicle was somebody Koonce was allegedly supposed to not contact by court order. He was held pending arraignment.

Shanaya Nichole Brooks, 22, of Route 438, Gowanda, is charged with criminal mischief 3rd. Brooks is accused of striking the side of a house on Jan. 19 on East Road, Batavia, causing damage. She is also accused of trying to force her way into the house, causing damage. She was held pending arraignment.

Samantha Rae Balduf, 31, of Grant Street, Depew, is charged with petit larceny.  Balduf is accused of switching the price tag on a piece of merchandise at a retail store on Veterans Memorial Drive (the name and location of the store was withheld by the Sheriff's Office) at 1:03 p.m. on Jan. 19. She was issued an appearance ticket.

Isaac Floyd, Jr., 59, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Floyd was stopped at 12:07 a.m. on Jan. 24 on West Main Street Road, Batavia, by Deputy Jacob Kipler. Floyd was released on tickets.

Joel David Proudy, 37, of Rochester Street, Bergen, is charged with criminal contempt 1st. Proudy is accused of violating a full stay-away order of protection at 10:50 a.m. on Jan. 17 at a location on West Main Street, Batavia. He also had multiple outstanding warrants. He was held pending arraignment.

Joseph Peter Mancuso, 35, of Deerfield Drive, North Tonawanda, is charged with criminal contempt 1st. Mancuso is charged with violating a stay-away order of protection at 5:30 p.m. on Jan. 20 at a location on Roberts Road, Alabama. He was arraigned and released under supervision.

Steven James Dunham, 35, of Main Street, Corfu, is charged with failure to verify address within 90 days as a Level 3 sex offender. Dunham was arrested in January and held for arraignment.

Steven Kenneth Maskell, 31, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving while using a portable electronic device. Maskell was stopped at 11:30 p.m. on Jan. 21 on Lockport Road, Oakfield, by Deputy Morgan Ewert. He was issued an appearance ticket.

Robert Paul Gerspach, 67, no specified address, Buffalo, is charged with driving while impaired by drugs, aggravated unlicensed operation, driver's view obstructed, failure to keep right, and moving from lane unsafely.  Gerspach was observed by an off-duty deputy driving in an alleged unsafe manner at 11:22 a.m. on Jan. 24.  He was stopped and arrested by Deputy Austin Heberlein. He was released on an appearance ticket.

Guillermo Guadalupe-Vasques, 44, of Crimson Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and moving from lane unsafely. Guadalupe-Vasques was stopped at 8:44 p.m. on Jan. 24 on West Main Street Road, Batavia, by Stephen Smith. He was processed at the Genesee County Jail and released.

Mckenzie Leigh Stogsdill, 32, of East Main Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, no headlights, and no tail lamps. Stogsdill was stopped at 1:44 a.m. on Jan. 27 on Park Road, Batavia, by Sgt. Mathew Clor. Stogsdill was released on appearance tickets.

Jessica R. Parker-Sharkey, 30, of South Butler Road, Savanah, is charged with criminal possession of stolen property 4th and criminal possession of a controlled substance 7th. Parker-Sharkey was arrested in Virginia Beach, Va., and extricated back to Genesee County. She was arraigned in Town of Batavia Court and released. The charges stem from allegations in April 2023 that she was in possession of a stolen car and a controlled substance. Following her release, she was turned over to Rochester PD on warrants.

Michael Curtis Smith Jr., 31, of Batavia, is charged with petit larceny. Smith is accused of stealing an electric scooter from Walmart at 5:30 p.m. on Jan. 24. He was processed at the Genesee County Jail and released on an appearance ticket.

Joseph Michael Petix, 66, of Shorecliff Drive, Rochester, is charged with DWI, criminal possession of a controlled substance 7th, stop sign violation, breath test refusal, and consumption of alcohol while driving. Petix was stopped at 9:53 p.m. on Jan. 28 on Clinton Street, Batavia, by Deputy Travis DeMuth.  He was allegedly found in possession of cocaine. His release status was not reported.

The Emergency Response Team was deployed on Dellinger Avenue early this morning to assist Batavia PD with the execution of a warrant, Police Chief Shawn Heubusch said.

The police department announced at 7:15 that Dellinger was closed to public access.  The street was reopened at about 7:50 a.m.

Heubusch said there were no difficulties during the operation, and there were no injuries.  He said more information will be released later today.

A larceny was reported at Ulta Beauty with three subjects running from the store on foot toward the ESL Credit Union, where they apparently got into a silver SUV and fled the scene.

The stores are in Batavia Towne Center on Veterans Memorial Drive.

Law enforcement units are converging on the area.

Responding units have gone to secure communications, so there aren't likely to be further updates on the search or pursuit.

In the early morning on Friday, a caller, using security cameras, observed individuals in hoodies in a gun shop on Lockport Road, Oakfield and called law enforcement while continuing to monitor their activities.

Chief Deputy Joseph Graff confirmed that emergency dispatchers received a call at 5:17 a.m.

The caller observed the suspects leave before deputies arrived on scene.  

The perpetrators are still at large.

It's unclear if they stole any items from the shop.

Graff said, "It's very early in the investigation. We don't have anything further to share at this point."

A Batavia mother charged with harassment in the second degree for sending a series of angry emails, including one with profanity, to City School officials will not need to admit to any wrongdoing under terms of a plea agreement reached in City Court on Wednesday.

Kate Long, 39, accepted an offer from the District Attorney's Office to get the charge against her dismissed if she can avoid any additional criminal charges over the next six months.

That would wipe the slate clean, as if she was never charged in the first place. It would also mean no legal challenge to her arrest, which could have very well violated her First Amendment rights to free speech and petitioning the government for a redress of grievances.

It makes perfect sense that Long would accept the plea offer, said Constitutional scholar Jared Carter, but the plea could also potentially mean government agencies remain free to use the harassment 2nd statute to silence critics.

"My initial reaction, from a pure First Amendment perspective, is this was always a troubling case based on the facts as I understand them," Carter told The Batavian on Wednesday evening. "On one hand, there is some vindication of the First Amendment on the basis of the dismissal.  Of course, you don't have a ruling from a court saying this arrest was unconstitutional, so does the school district or law enforcement or whatever (agency) have any check on power? Can they again do what they want to do, and the short answer is, 'Yes.'  That's the unfortunate aspect of all of this."

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Long, a mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

The charge was based on a criminal complaint filed with Batavia PD by John Marucci, president of the Board of Education for the Batavia City School District.

The complaint cited a Nov. 8 email that contained profanity and noted that Long had sent a series of emails over a short period of time complaining about how her son's Spanish class at Batavia Middle School was being handled.

In order to comment on the charge for an article The Batavian published on Dec. 18, Carter reviewed the emails and the charging documents and offered the opinion that Long's conduct would likely be viewed as protected speech by any court asked to rule on the constitutionality of her arrest. 

"They're (prosecutors) skating on very thin constitutional ice if any ice at all," Carter told The Batavian in December when discussing the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself."

In 2014, the state's aggravated harassment statute, which contained similar language but specifically targeted speech, was ruled unconstitutional.  The state Legislature changed that law the following year but left open the ability of police to arrest individuals engaged in speech that is deemed offensive conduct under the harassment 2nd statute. 

Buffalo attorney Tom Trbovich, retained by Long to represent her in City Court, told The Batavian after her initial court appearance that he wasn't likely to mount a constitutional challenge to her arrest, suggesting an easier resolution could be negotiated with the District Attorney's Office.

"I think this was a good resolution," Trbovich said after court on Wednesday. "Right now, we were circling the wagons and making sure that nothing goes wrong. And hopefully, this will be taken care of in six months as if it never happened."

Asked if he thought his client committed a crime, Trbovich offered a slight smile and said, "I don't want to antagonize the office. I got a good disposition."

There are no conditions on Long over the next six months other than she avoid a criminal conviction, though Trbovich offered in court that Long would agree to have no further contact with school employees at Batavia Middle School.

Her son has transferred to Notre Dame, and her husband would have remained free to talk with school officials.

Judge Durin Rogers rejected the condition because there are typically no additional conditions on an adjournment in contemplation of dismissal.

Carter said Trbovich getting a potential dismissal of the charge for his client was understandable.

"Criminal defense attorneys try to get the best outcome for their clients by keeping them out of harm's way," Carter said. "It totally makes sense to tread carefully, to get the best outcome for his client as he can. I totally get that. I'm not second-guessing that at all."

But, he said, the First Amendment is still in play for Long if she wishes to pursue it as a civil matter, meaning, filing a lawsuit against the school district or the police department, if she feels her arrest did her harm or that it has a chilling effect on her future speech.  The fact she offered to have no future contact with the school, Carter indicated, suggests her arrest does indicate she is willing to self-censor out of fear of repercussion.

"You have to have some sort of injury to get in the courthouse door," Carter said. "Would a chilling effect be enough if she wanted to bring a First Amendment case? It could be injury enough to get in the courthouse door."

Batavia PD has issued another call for public assistance in locating Nathan L. Royse, who has been on the police department's wanted list since late August.

Crime Stoppers WNY is offering a reward of up to $2,500 for information leading to the arrest of Royse.

Royce is wanted on a charge of criminal possession of a weapon in the third degree.  Police warn he should be considered armed and dangerous.

He is also wanted on a parole warrant.

Anyone with information is asked to call Crime Stoppers at 716-867-6161 

Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, assault 3rd, and menacing 3rd. March was arrested on Dec. 28 following an investigation into an incident on South Lyon Street. March is accused of kicking a person while threatening to kill that person. March was arraigned in City Court and released under supervision.

Donald G. Vanelli, 60, of Oakfield, is charged with burglary 3rd, criminal mischief 4th, conspiracy 5th, and petit larceny. Vanelli was arrested on Jan. 4 on a warrant stemming from an investigation into a break-in at a business on Mill Street. At least two suspects stole property from the business, according to police. Vanelli was arraigned and released under supervision.

Tanisha N. Gibson, 38, of Batavia, is charged with assault 2nd, criminal possession of a weapon 3rd, and two counts of endangering the welfare of a child. Gibson was arrested on Jan. 8 following an investigation into an incident on Dec. 2 on Bank Street. Gibson is accused of spraying pepper spray in the face of another person. Gibson was arraigned and released.

Johnathan M. Falk, 25, of Batavia, is charged with petit larceny and conspiracy 6th. Falk is accused of cooperating with another person to steal property on Jan. 5 from 7-Eleven on East Main Street. He was issued an appearance ticket.

Samuel J. Hernandez, 21, of Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from West Main Wine and Spirits on Jan. 5. He was issued an appearance ticket.

Jaliyla S. Shelton, 18, of Rochester, is charged with two counts of grand larceny 4th. She is accused of stealing two cars in Batavia. She was arrested on Nov. 2 and issued an appearance ticket.  She is accused of failure to appear on those charges and was arrested on a warrant on Jan. 10. She was arraigned and released.

Crystal L. Dacey, 29, of Attica, is charged with criminal possession of a controlled substance 7th and petit larceny. Dacey is accused of stealing property and prescription pills from another person on Jan. 10. She was issued an appearance ticket.

Timothy D. Cobb, 19, of Buffalo, is charged with unlawful fleeing a police officer 3rd. Cobb is accused of fleeing from a police officer following an incident at Speedway at Oak and Main on Jan. 3. The pursuit was terminated, but Cobb was apprehended a short time later. He was issued an appearance ticket and multiple traffic tickets.

James R. Briggs, 48, of Batavia, is charged with petit larceny. Briggs is accused of stealing merchandise from Family Dollar on East Main Street on Jan. 4. He was issued an appearance ticket.

Joshua W. Bombard, 18, of Pavilion, is charged with assault 3rd and criminal mischief 4th. Bombard was arrested after police officers responded to a report of a fight at a location on Ellicott Street on Dec. 27. Bombard is accused of injuring another person and damaging that person's property. He was arraigned and released.

Jennifer M. Beswick, 41, of Batavia, is charged with DWAI/Drugs and criminal possession of a controlled substance 7th. Beswick was arrested on Dec. 27 by Batavia PD following an investigation into a traffic accident that occurred on July 29. Beswick was issued an appearance ticket.

Jason C. Mann, 47, of Batavia, is charged with criminal mischief 4th. Mann is accused of damaging another person's property during a fight in the parking lot at 587 East Main St., Batavia, on Dec. 24. He was issued an appearance ticket.

Martin J. Rodgers, 39, of Batavia, is charged with criminal mischief 4th. Rogers is accused of damaging a window at a residence on Oak Street on Dec. 19 during an argument. He was issued an appearance ticket.

Naquan J. Shepherd, 24, of Batavia, is charged with harassment 2nd. Shepherd allegedly hit another person during an argument on Hutchins Street, Batavia, on Dec. 20. Shepherd was issued an appearance ticket.

Ronald J. Murray, 29, of Batavia, was arrested on a warrant on Dec. 26. The warrant stems from an incident on Aug. 11. Murray is accused of possessing narcotics. He was arraigned and released. 

Henry C. Roberts, 19, of Batavia, is charged with petit larceny. Roberts is accused of shoplifting from Tops on Dec. 29. He was issued an appearance ticket.

Levy Spikes, Jr., 50, of Batavia, is charged with DWI. Spikes was charged following a traffic stop by a Batavia PD patrol on Dec. 24 on Lewiston Road. He was issued traffic tickets.

Malik Isiah Ayala, 32, no permanent address, is charged with petit larceny and criminal possession of a controlled substance 7th. Ayala is accused of stealing a pair of Nike sneakers from Dick's Sporting Goods at 4:22 p.m. Jan. 13. When taken into custody, he was allegedly found in possession of crack cocaine and drug paraphernalia. He was released on an appearance ticket.

Mark E. Green, 42, of Hermitage Road, Warsaw, is charged with harassment 2nd. Green is accused of hitting another person at a residence on Briarwood Terrace, Batavia, at 5:50 p.m. on Jan. 14. He was issued an appearance ticket.

Scott David Murray, 38, no residence provided, is charged with assault 3rd and criminal obstruction of breathing.  Murray was arrested on Jan. 2 in connection with an incident reported on Dec. 30 at a location in Darien. Murray is accused of striking another person in the face multiple times and applying pressure to the neck of that person multiple times.  He was held for arraignment.

Joseph M. Andrews, 47, of East Crestwood Court, Lockport, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, open container, and speed not reasonable and prudent. Andrews is accused of driving off the roadway at 9:03 p.m. on Jan. 13 on Lewiston Road, Oakfield, while intoxicated. The incident was investigated by deputies Mason Schultz and Zachary Hoy.

Maxim James Reynolds, no age provided, of Lakes Road, Hamlin, is charged with DWI and false personation. Reynolds was stopped at 2:33 p.m. on Jan. 14 on Reed Road, Bergen, by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Tanisha Nicole Gibson, 38, of Bank Street, Batavia, is charged with criminal mischief 2nd. Gibson is accused of intentionally causing $2,695.95 in damage to a 2008 Pontiac G6 on Jan. 8 at 1:15 a.m. at a location on West Main Street Road, Batavia. Gibson was processed at the Genesee County Jail and held pending arraignment.

Ronald James Murray, Jr., 29 of Wood Street, Batavia, is charged with grand larceny 3rd and unlawful use of a credit card. Murray is accused of stealing the keys and a vehicle from a person at the Quality Inn on Park Road at 3 p.m. on Dec. 2. The vehicle was later recovered in Gates. He is accused of using a credit card, which he had been given permission to use for a specific purpose, for a purpose other than intended. Murray was arraigned and released.

Sharon M. Black, 55, of Whispering Pines Circle, Greece, is charged with grand larceny 4th. Black is accused of stealing a credit card at 6 p.m. on Dec. 30 from a location on Edgewood Drive, Batavia, and using it for several unauthorized purchases. Black was issued an appearance ticket.

Allison Margaret Smith, 31, of Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, failure to keep right, and moving from lane unsafely.  Smith is accused of being involved in an accident on Byron Holley Road, Byron, at 5:11 p.m. on Jan. 11. The accident was investigated by Deputy Zachary Hoy and Deputy Morgan Ewert. Smith was released on an appearance ticket.

Crystal Marie Bouter, 34, of Columbia Avenue, Batavia, is charged with petit larceny. Bouter is accused of shoplifting at Walmart at 2:51 p.m. on Dec. 15. She was arrested on Jan. 10. She was issued an appearance ticket.

Jacob W. Patterson, 28, of Corfu, is charged with obstruction of governmental administration and resisting arrest. Crystal M. Bouter, 34, of Batavia, is charged with criminal possession of a controlled substance 7th and driving while impaired by drugs.  Patterson and Bouter were arrested by State Police in the city of Batavia in connection with an incident reported at 10:25 p.m on Jan. 10. Both were issued appearance tickets.  No further information was released.

Leigha-Sabrina Marie Doreen, 2, of Oak Orchard Extension, Albion, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlight, and an uninspected motor vehicle. Dorreen was stopped at 2:25 a.m. on Jan. 13 on Oak Orchard Road, Elba, by Sgt. Mathew Clor. She was released on an appearance ticket.

Jalen I. Brown and Devante M. Wells are indicted on counts of grand larceny in the third degree, a Class D felony, criminal possession of stolen property in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, unauthorized use of a motor vehicle in the first degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, unauthorized use of a motor vehicle in the first degree, driving while ability impaired by drugs, a misdemeanor, reckless endangerment in the first degree, a Class D felony, two counts of criminal mischief in the second degree, a Class D felony, reckless driving, a misdemeanor. Brown and Wells are accused of stealing property from Dick's Sporting Goods on June 24 with a value in excess of $3,000. They were allegedly in possession of a stolen 2005 Buick. They are accused of coordinating their alleged theft together. They are accused of stealing a 2023 Volkswagen valued at more than $100. Brown is accused of driving the Volkswagen on Route 63 in the town of Alabama while impaired by drugs. He is accused of driving recklessly. He is accused of damaging a Sheriff's patrol vehicle and the Volkswagen, causing more than $1,500 in damage to each vehicle. 

Devante M. Wells is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree. Wells is accused of entering Kohl's Department Store on Feb. 13 with the intent to commit a crime, of stealing property more than $1,000, and of agreeing to participate in the alleged crime with another person.

Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on Aug. 8.

Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on July 18 in connection with a felony charge.

Terrance Falk is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Falk is accused of possessing a folding saw on Oct. 24 in the City of Batavia.

Ivette A. Dejesus is indicted on a count of bail jumping in the second degree, a Class E felony. Dejesus is accused of failing to appear in court on June 20 as ordered in connection with a felony charge.

Fernando Santiago-Vega and Robert L. Ball, III, are indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Santiago-Vega and Ball are accused of stealing property from Target valued at more than $1,000 on Jan. 20.

Jamie A. Dutton is indicted on counts of tampering with physical evidence, a Class E felony and obstructing governmental administration in the second degree, a Class A misdemeanor. Dutton is accused of hiding a glass crack pipe under a porch on Dellinger Avenue on Aug. 25. He is accused of attempting to prevent a government official from performing his duties.

Isrrael Obregon, Jr., is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony and DWI, a misdemeanor. Obregon is accused of driving on a revoked license on May 29 in the Town of Batavia while intoxicated.

Alan James Warren, 31, of Fillmore, is charged with reckless endangerment 1st, aggravated unlicensed operation, felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation 2nd. Warren is accused of nearly striking a deputy's vehicle while driving in excess of 100 mph at 1:11 a.m. on Dec. 30 on I-490 in Le Roy. Warren was stopped by Deputy Zachary Hoy. He was held pending arraignment.

Rhonda J. Schirmer, 57, of Walnut Street, Batavia, Alyssa M. Rondon, 33, of East Main Street, Clifton Springs, and David R. Fallon, 41, of East Main Street, Clifton Springs, are charged with petit larceny, conspiracy 6th, and endangering the welfare of a child. Schirmer and Rondon are also charged with criminal possession of a controlled substance 7th. Schirmer, Rondon, and Fallon are accused of stealing merchandise from Walmart in the presence of a child. Schimer and Rondon were also allegedly found in possession of a controlled substance. All three suspects were processed at the Genesee County Jail and released on appearance tickets.

Timothy Delshawn Cobb, no age provided, of Butler Avenue, Buffalo, is charged with reckless endangerment 1st, unlawful fleeing from a police officer in a motor vehicle 3rd, reckless driving, aggravated unlicensed operation 2nd, and suspended registration. Cobb is accused of leading sheriff's deputies and Batavia police officers on a high-speed chase on the Thruway at 4:31 p.m. on Jan. 3. He was stopped by a successful deployment of spike strips by Corfu police. Cobb was held pending arraignment.

Maranda Lena Button, undisclosed age, of Park Road, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Button was stopped at 10:38 p.m. on Dec. 31 on Park Road, Batavia, by Deputy Nicholas Chamoun for an alleged inoperable headlamp. She was allegedly found in possession of cocaine and driving on a suspended license.

Ronda Marie Kern, 42, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable, and moving from lane unsafely. Kern was reportedly involved in a crash on South Lake Road, Pembroke, at 7:15 p.m. on Dec. 29 and found hiding in the woods near the crash scene. She was processed at the Genesee County Jail and released.

John David Bissell, 60, of North Academy Street, Wyoming, is charged with driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, ATV violation of driving while intoxicated, moving from lane unsafely, and an ATV violation of uninsured operation.  Bissell was reportedly involved in an ATV accident at 1:05 a.m. on Dec. 31 on Telephone Road, Pavilion. Biseell was transported to the Genesee County Jail for processing and released on tickets.

Garrett A. Breister, 51, of Capen Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs and alcohol, moving from lane unsafely, and speed not reasonable. Breister was reported involved in a motor vehicle accident at 10:39 p.m. on Oct. 31 on North Lake Road, Bergen. Breister was arrested on Dec. 29 following an investigation by Deputy Jonathan Dimming. He was issued tickets and released.

Angel Manuel Canales, 34, of Long Pond Road, Greece, is charged with assault 3rd and harassment 2nd. Canales allegedly punched another patron in the head, knocking him out, while at Batavia Downs, on Dec. 17 at 12:20 a.m.  No release status listed.

Ebony Lauren Jenkins, 24, of Child Street, Rochester, is charged with criminal contempt 2nd.  Jenkins is accused of violating a court order at 8:19 p.m. on Dec. 27 at a location in Bergen. Jenkins was held pending arraignment.

Skarlette P. Tellier-Wilcox, 19, of Wood Street, Batavia, is charged with petit larceny. Tellier is accused of stealing merchandise from Walmart at 4:43 p.m. on Dec. 29. She was issued an appearance ticket.

Theodle Hill, Jr., 54, of Church Street, Batavia, is charged with disobeying a court mandate. Hill is accused of violating an order of protection by speaking to the protected person while at a local store at 5:28 p.m. on Dec. 27. Hill was held pending arraignment.

Zackary Charles Putney, 27, of Route 98, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, stopping on a highway, failure to use four way flashers. Putney was charged after deputies Jacob Kipler and Austin Heberlein located a vehicle parked on Route 33 in the Town of Pembroke at 1:29 p.m. on Jan. 1. He was transported to the Genesee County Jail for processing and released.

Jonathan Will Dodson, Jr., of Chugg Road, Clarendon, is charged with criminal mischief 3rd. Dodson is accused of cutting the wires of an electrical harness of another person's vehicle at 8:30 p.m. on Dec. 29 at a location on Byron Road, Byron. He was arraigned and ordered held on $5,000 bail or $10,000 bond. 

Mary Jenieve Almanzar, 32, of Ada Place, Buffalo, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, uninspected motor vehicle, and inoperable brake lamp. Almanzar was stopped at 12:01 p.m. on Route 77 in Alabama, on Jan. 6 by Deputy James Stack. During the traffic stop, she was allegedly found in possession of buprenorphine-naloxone that was not prescribed to her. She was released on an appearance ticket.

Joseph Stewart, 69, of Route 19, Le Roy, is charged with harassment 2nd. Stewart is accused of striking another person across the face with a belt at a location on East Main Street, Batavia, at 8:55 a.m. on Jan. 3. He was released on an appearance ticket.

Ricky J. Smith, 33, of Lockport, is charged with two counts of sexual abuse 1st and two counts of endangering the welfare of a child. Smith was arrested by State Police in relation to an incident reported at noon on Oct. 26 in the Town of Darien. He was released on an appearance ticket. Troopers did not release more information.

Michael J. McCarthy, 35, of Corfu, is charged with menacing 3rd and acting in a manner injurious to a child. He was arrested by State Police in relation to an incident reported at 12:43 p.m. on Jan. 4 in the Town of Pembroke. McCarthy's bail status was not available. Troopers did not release more information.

Harold Jemison-Pointer, 30, of Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Jemison-Pointer was stopped at 10:20 a.m. ON Jan. 1 in the Town of Le Roy by State Police. He was released on an appearance ticket.

Tanner Bernard Wiley, 35, of Bennington Hills, Conn., is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 7th, criminal possession of a weapon 3rd, unlawful fleeing a police officer in a motor vehicle 3rd, obstructing governmental administration. Kimberly Ann Brodsky, 32, of Elm Street, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 7th, and criminal possession of a weapon 3rd. When officers attempted to stop a vehicle reportedly driven by Wiley at 1:09 a.m. on Dec. 7, Wiley allegedly fled from the traffic stop, leading to a pursuit of the vehicle from the City of Batavia into the Town of Pembroke, where Wiley allegedly attempted to flee on foot. Wiley and Brodsky were held pending arraignment.

Robert Alva Wright, 64, of Brooklyn Street, Warsaw, Rick William Reed, 42, of Maiden Lane, North Java, and Jesse James Schmidt, are each charged with assault 2nd. The three men are accused of participating in an assault at 11:11 p.m. on Sept. 8 at 2630 Attica Road, Alexander, the location of the Hillside Tavern.  All three men were arraigned on Dec. 4 and released on their own recognizance. The incident was investigated by deputies Erik Andre and Kevin McCarthy.

Talia F. Joubert, 21, of Le Roy, is charged with DWAI Drugs, speeding, and two counts of harassment 2nd.  Joubert was arrested on Dec. 5 in connection with a traffic stop conducted by a Batavia patrol officer on Dec. 5 at an undisclosed time and location. Joubert is accused of striking two police officers while at the police station. She was issued an appearance ticket.

Brian C. Johnson, 26, of Cheektowaga, is charged with harassment 2nd, criminal mischief 4th, and obstruction of governmental administration 2nd. Johnson allegedly engaged in a physical altercation with staff at UMMC while being treated in ER. He allegedly tried to flee police when officers attempted to take him into custody. He was issued an appearance ticket.

Wayne D. Potter, 40, of Batavia, is charged with criminal obstruction of breathing and harassment 2nd. He was arrested on Dec. 2 after an investigation by Batavia PD into an incident reported on Nov. 4 at an undisclosed time and undisclosed location where Potter allegedly fought with another person. He was issued an appearance ticket.

Cornelius Welch, 44, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Welch was allegedly found in possession of narcotics during a traffic stop by Batavia PD while Welch was riding his bicycle at an undisclosed location and at an undisclosed time. He was issued an appearance ticket.

Lisa Ann Centi, undisclosed age, undisclosed residential street, of Chili, is charged with criminal possession of a controlled substance 7th, criminal possession of a weapon 4th, false personation, insufficient signal, aggravated unlicensed operation 3rd.  Centi was arrested following a traffic stop by Deputy Jeremiah Gechell at 9:58 p.m. on Dec. 1 on Forest Edge Drive, Batavia. She was released on an appearance ticket.

Kenniva Sharee Imoni Couser, 23, of Finch Street, Rochester, and Rickia Leshay Bryant, 25, of Clifford Avenue, Rochester, are charged with two counts of endangering the welfare of a child and Bryant is charged with petit larceny. Couser and Bryant are accused of parking in a fire lane on Veterans Memorial Drive, Batavia, at 2:51 p.m. on Dec. 6. There were reportedly children in the vehicle when the exterior temperature was 30 degrees.  The information related to the petit larceny charge was not released. Both were issued an appearance ticket. "Rickia Leshay Bryant" seems to be a name or a phrase.

Stacy Ramon Moss, 34, of Bates Road, Medina, is charged with two counts of criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, aggravated unlicensed operation 2nd, seeding, and driving without a license. Moss was charged following a traffic stop by Deputy Stephen Smith at 2:03 a.m. on Dec. 4 on Lewiston Road, Batavia. Moss was processed at the Genesee County Jail, issued tickets, and released.

Taylor Marie Goodenow, 21, of Route 5, Le Roy, is charged with burglary 2nd, menacing 3rd, and conspiracy 4th. Riley Lucas Semaj Robinson, 19, of Route 5, Le Roy, is charged with burglary 2nd, criminal mischief 4th, criminal mischief 3rd, and criminal possession of a weapon 4th. Goodenow and Robinson are accused of entering an apartment in Pavilion by force at 3:43 a.m. on Dec. 3, menacing the occupants and causing property damage.

Matthew Ryan Bankes, 36, of Mayflower Street, Rochester, is charged with DWI and speeding. Bankes was stopped at 2:52 a.m. on Dec. 10 on Clinton Street Road, Bergen, by Deputy Ryan Mullen.  Bankes was issued an appearance ticket.

Sasha O. Wilson, 37, of Batavia, is charged with petit larceny. Wilson was arrested by State Police in connection with an incident reported at 4:15 p.m. on Dec. 11 in the Town of Batavia. Wilson was issued an appearance ticket. Troopers did not release further information.

Jeanie L. Graham, 38, of Rochester, is charged with bail jumping 3rd. Graham was arrested by State Police on Dec. 11 and ordered held on cash bail. Troopers did not release further information.

The two views of Isaac D. Abrams, 23, expressed by attorneys in Genesee County Court on Thursday, couldn't be more different.

For Assistant District Attorney Robert Zickl, Abrams is a young man given many breaks in his run of criminal activity since he was a teen who has gone from making threats to actual violence. He belongs in prison.

To Michael Dwan, a Buffalo-based attorney hired by the Abrams family, the young Tonawanda Indian Reservation resident is an entrepreneur, a leader with a promise of potential to make a positive impact on his community who has made unfortunate decisions in his desire to help the people he cares about. Another prison could destroy any hope of a productive future for Abrams.

On Thursday, Judge Thomas Williams (filling for Judge Melissa Lightcap Cianfrini, who recused herself because of a possible conflict of interest, though that conflict was not disclosed) gave no verbal explanation for his sentence other than to say it was a "very difficult" decision. 

He sent Abrams to prison.  On a conviction, via guilty plea for burglary, he sent Abrams to prison for two years. On his robbery conviction, also via a guilty plea, he sent Abrams to prison for one to three years. The sentences are to be served concurrently.

Criminal Past
The chain of events, at least as documented in arrest reports that led to the new prison terms, began in August 2017 when Abrams threatened to shoot State troopers and county deputies on the reservation and then, the next month threatened to seriously injure or kill another person while driving a vehicle in the area of Tim Hortons in Batavia.

Abrams entered guilty pleas to making a terrorist threat and reckless endangerment in the first degree.

Judge Charles Zambito sent him to prison.

"I went through horrible experiences," Abrams told The Batavian in September 2022 about his time in prison. "I have scars on my eyebrows now that are permanent. I have stab wounds on my back and my shoulders. I went from prison to prison. It was a horrible, horrible experience."

In July 2019, Abrams was arrested again, accused of threatening a person with a baseball bat. The Batavian doesn't have a record of the disposition of that case.

In Sept. 2022, Abrams was in front of Cianfrini to be sentenced on a burglary charge. After much consideration, Cianfrini spared Abrams a prison term and gave him a chance to get help through the Mental Health Court.

That break allowed Abrams to return to his entrepreneurial dreams and his new smoke shop.

Abrams was grateful for the break.

"She honestly changed my life around," Abrams told The Batavian at the time. "I thank her for helping me. She did a lot.  Honestly, I wouldn't be here in these shoes.  I wouldn't be free today," he said. "I wouldn't be thinking clearly. I would have done none of that. I would have nothing.  I'd probably still be that broken little shit."

Second Chances, New Challenges
In that interview, Abrams talked about how there were people around him who wanted him to fail and who didn't want to see him lead a straight life.  

"This would  be the bad crowd," he said, "like the alcoholics, the drunks, the ones who like to stay out all night."

The night after the interview, two people tried to set his small shop on fire. About two weeks later, Brandi L. Reuben and Garrett S. Porter were arrested and charged with arson. Reuben's case is pending in County Court. Porter's case status is not available.

But that arson, Abrams said, was an example of a lesson learned. Rather than try to take matters into his own hands, he called the police and let them handle the investigation and eventual arrest.

According to Dwan's description of the two latest arrests, Abrams didn't call authorities. He did try to take matters into his own hands. 

Dwan describes the burglary charge as Abrams trying to protect his mother, entering the residence of her boyfriend, catching him in the act of hitting his brother, and then attacking the boyfriend. That description is very similar to the case Abrams was sentenced on by Cianfrini in 2022.

In the robbery case, Abrams was asked to go along with some friends to visit a smokeshop where a person there owed one of them some money.  Abrams said he thought he could help smooth things out by being the voice of reason.  Another, who has never been identified by police and never arrested, is the one who actually carried out all of the acts that led to robbery charges, according to Dwan.

"We're uncertain who was involved, and everyone involved is unwilling to name him," Dwan said. "My client is the only one facing any consequences over what happened in that store, and I believe he was minimally involved."

But Abrams was there as a participant, and although Abrams denies doing exactly what the arresting officer says he did, his mere participation, Dwan indicated, would lead to a jury convicting Abrams of a robbery, hence the guilty plea.

Dwan said Abrams could be a young man with a promising future. He has a stable relationship with a girlfriend, and they have a newborn child together. His mother was in court to support him. 

"There's a very good chance he's going to do very well in this world," Dwan said. "There is a good chance that by the time he's 40, we'll all look at him with respect.  If he's sent to prison, his future may be damaged in ways that will make it harder for him to succeed.  He's going to state prison as a Native American. As we all know, prison is segmented by race, and as a Native American, he will be alone.  He's a big guy, so he may be alright, but nobody will hang with him.  He was stabbed the last time he was there."

Remorse
Abrams sobbed while addressing Williams, expressing remorse for his poor decisions. 

He said it was not his intent to commit crimes.

"I tried to help people and I should really have just said, 'no," Abrams said. "I feel bad. I feel really bad about the robbery. If I could take it all back I would."

He said he would take his punishment, whatever was coming, that he should never have been at the dispensary, that he should have called the cops, and he was scared about going back to prison.

"I apologize to everyone for being here and making myself look like a fool," Abrams said. 

Zickl argued for prison because, to him, it seemed like the young man's criminal activity was escalating, and that Abrams has a history of minimizing his own culpability.  He argued that Abrams took an active role in the dispensary robbery.

"Mr. Abrams has demonstrated he neither appreciates nor can he take advantage of the positive considerations and benefits he's been given along the way," Zickl said. "His behavior becomes more aggressive and worrying and violent."

For The Batavian's previous coverage of Abrams, click here.

State Police are looking for a person involved in the theft of a Brimar Dump Trailer in the Town of Pembroke earlier this week.

Trooper Brian Pritchett provided these photos, which show both the suspect and suspect vehicle, and asked anybody with information that may assist in the investigation to call State Police Batavia at 585-344-6200.  If needed, the case number is #11744594.

Pritchett said there has been a series of trailer thefts in the area recently.  This one occurred on Nov. 22 at 1:39 a.m.  

The suspect appears to be a white male wearing a white hoodie. The truck appears to be a possible older black diesel Dodge pickup with a white Blizzard Plow on the front.

"The truck is unique, and hopefully someone will recognize it," Pritchett said.