crime

Kaleb J. Bobzien, 21, of Dellinger Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested at Batavia City Court at 1:39 p.m. on Sept. 24 when he appeared for sentencing on an unrelated matter. Bobzien is accused of violating a stay away order of protection at 4:43 p.m. on Sept. 15 on Dellinger Avenue. He was processed and arraigned in city court then put in Genesee County Jail on $10,000 cash bail or bond. Bobzien is due to return to court on Oct. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Andrew J. Rock, 33, of North Spruce Street, Batavia, is charged with second-degree criminal contempt. Rock was arrested following an alleged violation of an order of protection. The incident allegedly occurred at 9:59 p.m. on Sept. 4 while the defendant was an inmate at Genesee County Jail. He is currently incarcerated there. He is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Sgt. Matthew Lutey.

Austin M. Hejza, 24, of Argus Drive, Depew, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; and running a red light. On Sept. 24, Hejza turned himself in the Batavia Police Department on an arrest warrant out of City of Batavia Court. He was processed at BPD and arraigned at 1:31 p.m. in city court before being released on his own recognizance. Hejza is due back in court on Oct. 8. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Jason Ivison.

Michael E. Weichman, 24, of West Main Street Road, Batavia, is charged with: petit larceny; obstructing governmental administration in the second degree; and conspiracy in the sixth degree. He was arrested at 11:06 a.m. on Sept. 18 after allegedly shoplifting from Dollar General on East Main Street in Batavia and attempting to flee from police. Weichman is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Mitchell Cowen.

Steven M. Lindner, 46, of West Main Street, Batavia, is charged with petit larceny. He was arrested at 6:48 p.m. on Sept. 23 after allegedly shoplifting from a business on East Main Street in Batavia. He is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Stephen Cronmiller.

The state Commissioner of Mental Health has determined that a 23-year-old Rochester man accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire in June 2018 is mentally competent to stand trial.

The next step in Plush Dozier's case is a Huntley Hearing to determine evidence admissibility. This afternoon in Genesee County Court, Judge Charles Zambito set the hearing for 2 p.m. on Nov. 14.

Dozier (inset photo, right), who is charged with first-degree arson and attempted murder, was put into the custody of the Commissioner of Mental Health for treatment and reevaluation by Zambito in May after three psychiatrists examined the defendant.

Although two of the doctors found Dozier capable of understanding the charges against him and the court proceedings, all three agreed he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

"All three doctors who evaluated him said he could snap at any time," Zambito said in May.

Dozier is also accused of menacing a police officer after an alleged violent incident while in local custody two months after his arrest.

See previous coverage:

• Man accused of arson and attempted murder will receive mental health treatment before case proceeds
• Law and Order: Rochester man accused of menacing officer and damaging door of Sheriff's Office vehicle
• Grand Jury Report: Man accused of arson and attempted murder in Maple Street fire
• Arson and attempted murder charged in Maple Street fire

Niasia S. Jiggetts, 28, of Thomas Avenue, Batavia, is charged with two counts of second-degree assault -- both victims less than 7 years old. The crime is a Class D felony.

Jiggetts was arrested on Tuesday (Sept. 24) and arraigned at 10 a.m. in Town of Batavia Court following an investigation into allegations that she intentionally struck a 5-year-old with an object, causing injury to the child.

The incident allegedly took place on Thomas Avenue at noon on June 30.

The case was investigated by Genesee County Sheriff's Investigator Howard Carlson.

Subsequently, at 10:15 a.m. yesterday she was arraigned in Town of Batavia Court on the other count of second-degree assault.

That case stems from an investigation into an incident on Sept. 21 at the Batavia Meadows apartment complex in which Jiggetts allegedly intentionally struck a 3-year-old with an object, causing injury to the child.

She is due back in Batavia Town Court on Oct. 21.

The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott.

Joseph Charles Barone, 39, of North Pearl Street, Batavia is charged with: obstruction of government justice; second-degree harassment; unlawful possession of marijuana; and trespass. Barone was arrested at 2:04 a.m. on Sept. 21 at a business on East Main Street in Batavia after he allegedly refused to leave and attempted to strike an employee. He also allegedly physically resisted Batavia police. He was issued an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Quider.

Jacob L. Hernandez, 25, of Holland Avenue, Batavia, is charged with criminal trespass in the second degree. He was arrested at 5:54 a.m. on Sept. 22 on Prune Street in Batavia after he allegedly entered a residence without permission and refused to leave. He was processed and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Arick Perkins.

Zachary John Gillard, 24, of West Avenue, Elba, is charged with driving while intoxicated, and aggravated driving while intoxicated -- a BAC of .18 percent or more. Gillard was arrested by Batavia Police Officer Peter Post at 2:44 a.m. Sept. 22 on East Main Street in the City of Batavia. He was arrested after a disturbance at a local business. He was subsequently release to a third party and is scheduled to be in Batavia City Court on Oct. 2. Batavia Police Officer Stephen Quider assisted in the arrest.

Andrew J. Rock, 33, of North Spruce Street, Batavia, is charged with criminal contempt. He was arrested at 8:26 p.m. on Sept. 6 while in Genesee County Jail for allegedly contacting the protected party of a stay away order of protection. He was issued an appearance ticket for Oct. 1 in Batavia City Court, then released back into custody of the jail. The case was handled by Batavia Police Officer Stephen Quider.

Grace Crystal Murray, 20, of Pratt Road, Pavilion, is charged with petit larceny and conspiracy. She was arrested at 11:06 a.m. on Sept. 18 following a shoplifting incident at Dollar General on East Main Street in Batavia. She was released on an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Mitchell Cowen.

From NYS Police, Troop A:

On Sept. 22, the New York State Police conducted a sobriety checkpoint on State Route 20 in the Village of Alexander.

The purpose of the checkpoint is to deter drunk driving.

The following subjects were arrested and released to appear in the Alexander Town Court at a later date:

John E. Manser, 56, of Canandaigua, is charged with driving while intoxicated.

Brian J. Swimline, 50, of Pembroke, is charged with driving while intoxicated.

Approximately 210 vehicles traveled through the checkpoint. In addition to the two DWI arrests, eight traffic tickets were issued for various violations of the New York State Vehicle and Traffic Law.

We would like to thank all the designated drivers and those that chose to use hired transportation for keeping the roadway safe on this date.

A larceny of several coats is reported at Dick's Sporting Goods in Towne Center at Batavia. A black female and male reportedly left the store with the merchandise, got into an unknown make vehicle, and left the parking lot in an unknown direction of travel.

Law enforcement is responding. The store employees are trying to get more information from the customer who allegedly spotted the larceny.

UPDATE 1:28 p.m.: The getaway car is reportedly a black four-door sedan; another person allegedly was driving the vehicle -- so there are three people involved. No clothing descriptions provided.

Natalie Helen Brown, 25, of Weber Avenue, Oakfield, is charged with: Driving while intoxicated, with a BAC of .08 percent or more; DWI; insufficient stop lamp; speeding in a 55-mph zone; and moving from lane unsafely. Brown was arrested at 1:45 a.m. this morning (Sept. 20) on Route 63 in Alabama following a traffic stop. She was released on appearance tickets and is due in Alabama Town Court on Oct. 9. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Geoffrey Paul Jamele, 25, of North Spruce Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree, unlawful possession of marijuana, and having an obstructed driver's view. On Sept. 19 Jamele was arrested at 4:18 p.m. at Genesee Community College after a traffic stop on 1 College Road in the Town of Batavia. He allegedly possessed two THC oil cartridges (THC -- tetrahydrocannabinol -- is the principle psychoactive compound in marijuana.). He was issued an appearance ticket to be in Town of Batavia Court on Oct. 10. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.

A larceny of tomatoes from a stand at the Downtown Batavia Public Market is reported.

A caller to dispatch reports the alleged tomato nabber is driving a silver SUV that is now in the drive-thru at Tonawanda Valley Federal Credit Union, adjacent to the outdoor market on Alva Place. Batavia police responding.

UPDATE 11:52 a.m.: It is said that the complainant is "not interested in pursuing (charges); they just want him advised that he's not welcome back here."

      Wesley Thigpen

While coming to terms with entering a guilty plea to a sexual abuse charge, Wesley Thigpen told his attorney the statements attributed to a young girl were "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Thigpen was entering his plea on an Alford basis, which means that he pleads guilty without admitting the accusations against him are true.

The defendant himself told Judge Charles Zambito, "it's a strategic decision."

By accepting a plea deal, Thigpen guarantees he will spend no more than four years in prison, instead of more than a decade if he were convicted at trial of sexual abuse in the first degree, two counts of burglary, and criminal contempt in the first degree.

As part of the Alford plea process, First Assistant District Attorney Melissa Cianfrini summarized the case that would be made against Thigpen if he turned down the plea offer and went to trial on the sexual abuse charge.

According to Cianfrini, Thigpen was alone with a girl less than 13 years old in her room when he engaged in a series of sexually related actions, including but not limited to showing her pictures on his phone of body parts.

Cianfrini said in a recorded interview later, Thigpen admitted that he had been alone with the girl and that she may have somehow gotten access to his mobile phone.

Throughout the legal process of this case, Thigpen has denied the sexual abuse allegations while admitting to the criminal contempt charge.

Today, Thigpen did plead guilty to criminal contempt after Zambito recited the specific actions of Thigpen's that led to the charge. Thigpen slapped food out of the hands of a person who was the subject of an order of protection and raised a fist as if threatening to hit that person.

Dressed in jail orange, Thigpen wasn't afraid to speak up for himself during the proceedings. Bright and articulate, Thigpen made it clear why he was pleading guilty and on key points asked Zambito to clarify the law and the terms of the deal.

He conferred more than once with his attorney Mark Lewis about the charges and the plea deal, most of the time speaking in hushed tones. But after Cianfrini recited the evidence against him, he spoke with Lewis in a more agitated manner, raising his voice slightly at one point to call the statements against him a lie.

At that point, Zambito explained very clearly that he understood that Thigpen wasn't admitting to the allegations but pleading guilty because he accepted the fact he was at substantial risk of being found guilty at trial and facing a potentially harsher prison term.

Thigpen also spoke up for himself when it came time to discuss his bail status while awaiting sentencing. He argued for lower bail because he has several financial matters to clear up, including taking care of penalities for use of his 401(K) during these proceedings to support his family, as well as collecting his final paycheck from his former employer.

Lewis said before his arrest, Thigpen, a lifelong Batavia resident, worked for five years at a major corporation in Genesee County.

Despite all this, Zambito kept his bail at $10,000 cash or $20,000 bond while he awaits sentencing.

     David McClary

A Rochester resident has been arrested and accused of dealing crack cocaine in the City of Batavia.

David C. McClary, 29, of Mt. Hope Avenue, Rochester, was arrested in Monroe County after a warrant was issued for his arrest based on evidence developed through an investigation by the Local Drug Task Force.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

McClary allegedly sold crack cocaine to an agent of the task force on two separate occasions. 

He was arraigned in Genesee County Court and jailed on $10,000 bail or $20,000 bond.

The task force was assisted by Batavia PD, uniformed deputies, and the District Attorney's Office.

    Scott Hodgins     Kara Sass   Heywood Wellington

Three people were arrested earlier this week after a drug raid on a Batavia residence West Main Street Road by the Batavia Emergency Response Team and the Local Drug Task Force.

The raid was the result of an investigation into narcotics trafficking in the area.

Arrested were:

• Scott E. Hodgins, 55, of West Main Street Road, Batavia. Hodgins is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a weapon, 4th; criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; and unlawful possession of marijuana. Hodgins was ordered held without bail.
• Kara B. Sass, 25, of West Main Street Road, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, and unlawful possession of marijuana. She was jailed on $10,000 bail.
• Heywood E. Wellington, 23, of Winterroth Street, Rochester, is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; and unlawful possession of marijuana. Wellington was released under supervision of Genesee Justice.

The District Attorney's Office assisted in the investigation.

         Eric Olverd

Eric James Olverd, 47, of Wallace Street, Batavia, (inset photo, right) is charged with: obstruction of governmental administration; resisting arrest; two counts of reckless endangerment; second-degree assault with injury to a victim over age 65; second-degree harassment; criminal mischief, and endangering the welfare of a child. Olverd was arrested at 7 p.m. on Sept. 15 on Wallace Street following a domestic incident. He was jailed in lieu of $5,000 cash bail or $10,000 bond. He was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Sean Wilson.

Darrell Smith, 52, of Highland Park, Batavia, is charged with third-degree assault. Smith was arrested at 9:33 p.m. on Sept. 16 on Highland Park. He allegedly punched a person in the face, causing injury. Smith was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on Oct. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

John Joseph Saddler Jr., 32, of Orange Grove Drive, Batavia, is charged with criminal contempt in the second degree and disorderly conduct. At 1:44 p.m. on Sept. 17, Saddler was arrested while standing in front of Judge Robert Balbick in Batavia City Court after being warned not to use obscene language in the courtroom. He allegedly continued to use obscene language, causing a disruption in the courtroom. Saddler was arraigned in city court by Judge Durin Rogers then put in Genesee County Jail in lieu of $2,000 cash bail. He is due back in city court at 1 p.m. this afternoon (Sept. 18). The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Michael S. Carter, 33, of Eagle Harbor Road, Albion, is charged with operating a motor vehicle with a BAC of .08 percent or more, driving while intoxicated and failure to keep right. Batavia Police Officer Peter Post arrested Carter at 2:37 a.m. on Sept. 7 on East Main Street in the City of Batavia. He was released on an appearance ticket for this morning (Sept. 18) in Batavia City Court but held at the Genesee County Jail on a violation of parole warrant. Officer Arick Perkins assisted in the case.

Jacqueline R. Garrett, 40, of Church Street, Le Roy, is charged with illegal use of toxic vapors. Garrett was arrested after she was allegedly observed inhaling a toxic substance while in public at 11:53 a.m. on Sept. 16. The incident location is Eastown Plaza on East Main Street in the City of Batavia. She was processed at Batavia Police Department and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

A 17-year-old male who lives in Batavia was arrested on Sept. 14 by Batavia Police Officer Peter Post and charged with second-degree harassment. At 6:46 p.m. on Sept. 9 on Ellicott Street in Batavia, the male allegedly had unwanted contact with a person. He was released on an appearance ticket and is due in Batavia City Court on Sept. 24. Batavia Police Officer Marc Lawrence assisted with the case.

Randy S. Turner, 63, of Burke Drive, Batavia, is charged with having a dog that was running at large. He was arrested following an investigation of a complaint that he allegedly allowed his family's dogs to run at large at 6:15 p.m. on Aug. 29 onto a neighbor's property on Burke Drive. He was issued an appearance ticket and is due in Batavia City Court on Sept. 24. The case was investigated by Batavia Police Officer Sean Wilson.

Kakeen K. Ithna-Asheri, 59, of East Main Street, Batavia, is charged with petit larceny. The defendant was arrested at 12:34 p.m. on Sept. 15 after he allegedly stole a package of batteries from a store on East Main Street in Batavia. He was released on an appearance ticket and was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Steve B. Nesbitt, 34, of Holland Avenue, Batavia, is charged with owning an unlicensed dog. He was arrested at 1:44 p.m. on Sept. 16 on Holland Avenue, then released on an appearance ticket. He is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jesse Daniel Bowman, 27, of Vine Street, Batavia, turned himself at Batavia Police Department Sept. 15 on a warrant out of Batavia City Court. He was arraigned at 10:39 a.m. in city court, then released on his own recognizance. He is due to return to court on Oct. 3. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

The following people were arrested by the Genesee County Sheriff’s Department during the Meek Mill/Future concert at Darien Lake Performing Arts Center on Sunday:

Kaylauni C. Factor-Hamilton, 18, Kalar Road, Niagara Falls, Canada, is charged with harassment, 2nd, resisting arrest, and criminal possession of a forged instrument, 2nd, after allegedly slamming a gate into a Sheriff’s deputy, resisting that arrest and then being found in possession of a fictitious Quebec Identification Card. Factor-Hamilton was arraigned in Alexander Town Court and jailed in lieu of $1000 bail.

Joseph M. Dilaura III, 26, McKoon Avenue, Niagara Falls, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kyle W. Ruge, 23, Polaski Street, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Jacob M. Bell III, 21, Post 5, Niagara Falls, Canada, is charged with harassment, 2nd, after allegedly striking a Live Nation Employee in the face. 

Donald P. Mullen Jr., 21, Locust Street, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Tyler L. McKeown, 21, Robinson Road, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kennedy R. Kuzma-Ball, 21, Locust Street, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Brittany C. Cotton, 25, Trent Square, Cheektowaga, is charged with harassment, 2nd, after allegedly shoving a Live Nation employee.

Kesi F. Muhammad, 25, West Avenue, Buffalo, is charged with harassment, 2nd, after allegedly shoving a Live Nation employee.

Takiesha M. Jackson, 23, Jefferson Avenue, Buffalo, is charged with false personation and trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return, and then providing false information about her identity.

The following people were arrested by the Genesee County Sheriff’s Office during the Rascal Flatts Concert at Darien Lake Performing Arts Center on Friday.

Jason E. Cook, 39 of Ritt Avenue, Buffalo, is charged with obstructing governmental administration, 2nd, harassment, 2nd, and disorderly conduct after allegedly fighting with Live Nation security while being ejected from the concert and refusing to be taken into custody. 

Patricia Cook, 46, of Ritt Avenue, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security guards.

Joseph D. Gerace, 31, of Beatrice Avenue, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security guards.

Matilda M. Martin, 44, of 15th Street, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security.

     Chad Bzduch       Sergio Santana

The Local Drug Task Force has nabbed two suspected drug dealers they believe were operating in the Batavia area, one selling Adderall and suboxone and the other dealing in cocaine.

Chad S. Bzduch, 33, of Ellsworth Avenue, Batavia, is charged with: criminal sale of a controlled substance, 3rd; criminal possession of a controlled substance, 3rd; criminal sale of a controlled substance, 5th; criminal possession of a controlled substance 5th; and criminal possession of a controlled substance, 7th.

Bzduch was arrested on a warrant after being spotted walking on Bank Street on Thursday by Batavia PD. He is accused of selling Adderall and suboxone to an agent of the task force on two occasions. He was allegedly found in possession of fentanyl at the time of his arrest. He was arraigned in Genesee County Court and released on his own recognizance.

Sergio I. Santana, 38, of State Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Santana was picked up on Ellicott Street on Thursday by Batavia PD. Santana is accused of selling cocaine to an agent of the task force on two occasions. He was arraigned in Genesee County Court and released on his own recognizance.

Dustin Wayne Bogue, 37, "address unknown," (inset photo, right) is charged with: first-degree robbery; second-degree menacing; criminal possession of a weapon in the third degree; and criminal possession of stolen property in the fifth degree. At 1:51 a.m. on Sept. 14, Batavia police responded to Speedway at 204 W. Main St. in Batavia for the report of a robbery. Bogue was later arrested on the charges following an investigation. He was arraigned in Batavia City Court and jailed without bail. He is due in Batavia City Court at 11 a.m. on Sept. 19. The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Taylor S. Wyder, 25, of Alleghany Road, Alabama, is charged with unlawfully dealing with a child in the first degree, a Class A misdemeanor. Following the investigation into a complaint of an adult serving alcohol to a minor at 1 a.m. on Sept. 16 on Alleghnay Road in Alabama, Wyder was arrested, then released on his own recognizance. An order of protection was issued against Wyder favor of the victim. Wyder is due in Alabama Town Court on Oct. 3. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Colby L. Ellis, 30, of West Academy Street, Albion, is charged with second-degree criminal contempt. Ellis was arrested at 4:35 p.m. on Sept. 13 on Apollo Drive in Batavia. He allegedly violated a stay-away order of protection during a traffic stop in the parking lot. He was arraigned in Batavia City Court at held on unspecified bail. He was due in Batavia City Court this afternoon (Sept. 16). The case was handled by Batavia Police Officer Mitchell Cowen.

Schnell Alexandria Ogletree, 30, of Eagle Lane, Canillus, is charged with: aggravated unlicensed operation in the first degree; driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the second degree; speeding; and unlawful possession of marijuana in the second degree. At 9:14 a.m. on Sept. 14 on Clinton Street Road in Stafford following the alleged observation of a vehicle and traffic observation. She was subsequently arrested on the charges. She was taken to Genesee County Jail and evaluated by Genesee County Sheriff's Deputy Richard Schildwaster, a certified drug recognition expert. She was issued appearance tickets and is due in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan DeLong, and also aided by Deputy Ryan DeLong and Deputy Chris Erion.

Jesse James Smoody, 43, of 8th Court, Westfield, Wis., is charged with aggravated driving while intoxicated -- with a BAC of .18 percent or more, and DWI. At 1:13 a.m. on Sept. 15, Smoody was arrested on Byron Holley Road in Byron following the welfare check on a male who had fallen off his morocycle in the parking lot of a convenience store. He was arrested and released on appearance tickets for Oct. 21 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Matthew C. Olcott, 40, of North Spruce Street, Batavia, is charged with seventh-degree criminal possession of drugs and criminal use of drug paraphernalia in the second degree. Olcott was arrested at 1:16 p.m. on Sept. 12 on Osterhout Avenue in Batavia after a search allegedly led to the discovery of narcotics paraphernalia. Olcott was taken to Batavia Police Department and processed, then released on an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Adam Tucker. 

Michael S. Colombo, 39, of Batavia, is charged with second-degree assault on an officer/firefighter/EMT. On Sept. 1, Mercy medics were transporting Colombo to Wyoming County Community Hospital when he allegedly became combative in the ambulance. He is accused of punching both EMTs in the face with a closed fist, causing injuries. He was later taken into custody and allegedly found to have an active arrest warrant for two counts of second-degree assault by the Batavia Police Department and the Wyoming County Sheriff's Office. Colombo is accused of head butting a Batavia Police officer during the exchange of custody, but he did not injure the officer. Colombo was arraigned in Warsaw Town Court and put in Wyoming County Jail on $25,000 cash bail or $50,000 bond. He is due to return to Warsaw Town Court on Sept. 16. The case was handled by WC Deputy Nowack and Deputy Houghton.

Kishonti D. Williams, 27, of Batavia, was arrested at 8:58 a.m. on Sept. 9 following a traffic stop by Wyoming County Sheriff's deputies on Route 246 in the Town of Perry. Deputies stopped him after allegedly observing him attempting to pass another vehicle on the right side as it was heading northbound. He is charged with aggravated unlicensed operation in the second degree. It is also alleged that he has 10 active suspensions on his driver's license. He is due in Town of Perry Court on Oct. 16. The case was handled by Wyoming County Sheriff's Deputy Daniel J. Kemp.

Sophie McGowan Cegielski, 18, of Pine Street, Oakfield, is charged with petit larceny. At 3:20 p.m. on Sept. 12, Cegielski was arrested at Oakfield-Alabama Central School on Lewiston Road in Oakfield. She is accused of stealing property out of another student's bag during after-school hours on Sept. 11. She was issued an appearance ticket and is due in Oakfield Town Court on Sept. 23. The case was handled by Genesee County Sheriff's Deputy David Moore.

From Alecia Kaus/Video News Service:

Malik I. Ayala, 27, of Walnut Street, Batavia, was to be sentenced on this afternoon (Sept. 12) in Genesee County Court, but he did not show up.

Public defender Jerry Ader told the court he could not appear today because he was admitted to an inpatient treatment program called Reflections at the Eastern Niagara Health System in Lockport.

The program is a chemical dependency treatment program available to adults ages 18 and over to help them recover from dependence on alcohol or other drugs. The program provides short-term treatment services.

Ader asked Judge Charles Zambito for an adjournment.

Ayala will remain at the inpatient facility until Oct. 2^nd.

Ayala has already accepted a plea deal and pled guilty to a charge of third-degree burglary, a class D felony.

He was picked up on Nov. 15 in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision last month. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Due to Malik I. Ayala’s criminal history, First Assistant District Attorney Melissa Cianfrini opposed the adjournment today.

“We feel he is a second felony offender, prison is mandatory, we are opposed to this adjournment,” Cianfrini said.

Judge Zambito explained that there was no commitment on sentencing and that Ayala was not recommended for the inpatient treatment.

“The fact (is) that he is in treatment; we will adjourn until afterwards,” Zambito said.

The new sentencing schedule is 9:15 a.m. Oct. 3.

Darel D. Tingue, 29, of Main Street, Arcade, is charged with: trespass; criminal possession of a controlled substance in the seventh degree; and criminal possession of a controlled substance in the third degree. Tingue was arrested on Sept. 10 after allegedly causing a disturbance at UMMC. He was asked to leave and not return, but he allegedly did return and was arrested at 10:01 a.m. for trespass. He was found at the time to allegedly possess a controlled substance and cocaine. He was arraigned in Batavia City Court and jailed on $10,000 cash bail or $20,000 bond. The case was handled by Batavia Police Officer Darryle Streeter.

David Allen Bogue, 52, of Maple Street Road, Basom, is charged with driving while intoxicated and failure to keep right. Bogue was arrested at 2:58 p.m. Sept. 10 on Lewiston Road in Batavia after the investigation of a one-car accident. He was issued an appearance ticket for Oct. 24 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Jason R. Anderson, 38, of South Main Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction. Anderson was arrested following a Probation residence check at 12:09 p.m. Sept. 7 at his apartment on South Main Street. He was issued an appearance ticket and was due in Batavia City Court Sept. 10. The case was handled by Batavia Police Officer Miah Stevens.

Nicole Lee Woodruff, 39, of South Academy Street, Medina, is charged with petit larceny. At 5:54 p.m. on Sept. 11, Woodruff was arrested for allegedly stealing property from Sally Beauty Supply in the Towne Center at Batavia on Veterans Memorial Drive. She was released on an appearance ticket for Sept. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Eric Meyer.

Keriann Barbaritz, 40, of Pratt Road, Batavia, is charged with petit larceny. At 2:45 p.m. on Sept. 10, Batavia police were requested for a shoplifting incident at a business on West Main Street in the city. Barbaritz was arrested, processed at the scene and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.

Rae Charlene Cook, 30, of East Main Street, Batavia, is charged with petit larceny. She was arrested as a result of an arrest warrant issued by Batavia City Court for this alleged incident which occurred at 3:57 p.m. Aug. 26 on East Main Street in Batavia. She was arraigned in city court on Sept. 11 and jailed in lieu of $250. She was due back in court this morning (Sept. 12). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Peter Post.

A 29-year-old resident of Holley and an alleged accomplice are accused of stealing $75 worth of Reese's Peanut Butter Cups from the Top's Market in Batavia this morning.

Kay E. Dilker is charged with petit larceny. Also arrested was 37-year-old Joseph Turner (charges not specified in the press release and no address provided).

Batavia PD was dispatched at 11:05 a.m. for a report of a shoplifting in progress at Tops.

When patrols arrived, Dilker and Turner reportedly tried to evade police by jumping over a fence and into the yard of a residence on Redfield Parkway.

Once apprehended, the duo was allegedly found in possession of a large bag of peanut butter cups.

Dilker was jailed on $2,500 bail or $5,000 bond. Turner was released under supervision of Genesee Justice.

The case was investigated by officers Adam Tucker and Jason Davis.