crime

    Wesley Thigpen

A 38-year-old Batavia man who is facing a sexual abuse charge along with two criminal-contempt-related burglary charges has a pending plea offer that would cap his prison term at four years, but Judge Charles Zambito would not bring his bail down as much he requested while he considers the plea offer.

Wesley, who was most recently a resident of Ellicott Street, Batavia, is charged with: sexual abuse in the first degree, stemming from an incident reported in May; two counts of burglary, 2nd; a count of criminal contempt, 2nd; and a count of criminal contempt 1st; as well as criminal mischief, 4th.

Under terms of the plea offer outlined by First Assistant District Attorney Melissa Cianfrini, Thigpen would agree to a guilty plea on the sexual abuse charge and a criminal contempt charge. He would also admit to being a second-time felony offender.

Besides a shorter prison term, all of the other charges against him, including pending charges in Batavia and Oakfield, would be dropped.

He was in court today to waive a grand jury presentation on the burglary charges because if he was indicted, the mandatory prison terms would probit the district attorney's office from offering a four-year term cap. Also, the judge would be prohibited from a sentence, upon conviction, of anything less than five to 15 years in prison.

Cianfrini said her office was willing to give Thigpen more time to consider the plea offer but in order to get that time, he needed today to waive a grand jury presentation, which he did.

Under the terms of the deal, Thigpen would be able to make the guilty plea on an Alford basis, which means he pleads guilty without admitting to the facts of the underlying charges. 

When Thigpen came into court, he was being held in jail on $15,000 bail, or $30,000 bond.

His attorney, Mark Lewis, said despite his client's criminal history, he's never failed to show up for a court appearance and turned himself in on these pending charges so bail should be reduced to $2,500, the amount it was on his initial arrest on the sexual abuse charge.

Cianfrini objected to reducing the bail because of the significant prison time associated with the burglary charges, as well as the allegation of new crimes while out on bail previously, and the allegations of criminal contempt indicated, she said, that Thigpen has a problem following court orders.

"He is a considerable flight risk," Cianfrini said.

It's unusual for criminal defendants to speak on their own behalf at bail review hearings, but Thigpen asked to speak and Zambito permitted him to address the court.

"I feel the bail amount is excessive," Thigpen said.

Thigpen said he has maintained his innocence since his arrest and is considering the plea deal only because it was laid out for him in considerable detail what the consequences are if he were convicted by a jury of the all the charges against him. 

"I have no reason to run," Thigpen said. "I've shown up in court over and over again. I've shown I'll show up. I'm not a flight risk."

Zambito expressed concern that when Thigpen was out on bail on the sex abuse charges he allegedly committed other crimes, but that he did deserve some consideration for his court appearance record. He set bail at $10,000 or $20,000 bond.

Rachel M. Grace, 30, of 638 N. Buckeye St., Wooster, Ohio, and Jeremy R. Triesler, 39, of 9318 Lincoln Way East, Orrville, Ohio, were arrested at Darien Lake Theme Park on Alleghany Road in the Town of Darien on Sept. 7. At 7:20 p.m. deputies responded to a criminal mischief complaint. It is alleged that Grace became angry and threw a bucket of water at a food service employee, causing $594.15 in damages. Triesler allegedly became belligerent and used obscene language, which caused a disturbance at the theme park; then he allegedly shoved a security officer when they attempted to intervene. Grace is charged with fourth-degree criminal mischief. Triesler is charged with second-degree harassment and disorderly conduct. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Erik Andre.

James Darrell Hooten Sr., 30, of Sunset Parkway, Oakfield, is charged with obstruction of governmental administration, second-degree harassment and disorderly conduct. At 5:35 p.m. on Sept. 7, while attempting to arrest another subject on a warrant on Sunset Parkway in Oakfield, Hooten Sr. was arrested. He allegedly attempted to prevent the arrest of another person. He is also accused of threatening Genesee County Sheriff's deputies and Probation officers and using obscene language in public. He was released on an appearance ticket and is due in Oakfield Town Court on Oct. 7. The case was handled by Deputy Kyle Krzemien, assisted by Deputy Travis DeMuth.

Nancy M. Storms, 46, of Perry Road, Pavilion, is charged with second-degree harassment -- physical contact. At 7:45 p.m. on Sept. 2, Storms was arrested on North Street in Batavia for allegedly pushing another person during an altercation. She was issued an appearance ticket and is due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Lakeisha A. Gibson, 33, of Lewis Place, Batavia, is charged with fourth-degree criminal mischief. On Sept. 3 at 6:42 p.m. Batavia police responded to Lewis Place for a complaint of criminal mischief. Gibson was arrested for allegedly damaging a vehicle window. She was issued an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Officer Arick Perkins, assisted by Officer Peter Post.

Brian E. Freeman, 46, of Genesee Park, Monroe, is charged with: driving while intoxicated; aggravated DWI -- a BAC of .18 or more; and speeding. Freeman was arrested at 12:37 a.m. on Aug. 31 on Oak Street in Batavia following a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Sept. 11. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Joshua M. Gaudioso, 30, of Albion Road, Oakfield, is charged with petit larceny. At 6:42 on Aug. 15, Gaudioso was arrested following a larceny complaint in the Village of Oakfield. He allegedly stole a NYS license plate that did not belong to him. Following his arrest, he was taken to jail then released on an appearance ticket. He is due in Corfu Village Court on Oct. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Ebony S. Sanders, 41, of Lake Avenue, Rochester, is charged with possession of marijuana in the second degree and speeding. On Sept. 3 at 10:30 a.m., Sanders was stopped on Interstate 490 in the Town of Le Roy following the alleged observation of a vehicle/traffic violation. Upon conducting a roadside interview with Sanders, the odor of burnt marijuana was allegedly detected. She was issued an appearance ticket and is due in Le Roy Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Minuto.

Lorie A. Litolff is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Litolff drove a 2003 Chevrolet on Route 19 (Lake Street) while intoxicated. In count two, she is accused of leaving the scene of an incident without reporting it, a Class E felony. It is alleged in count two that she drove the Chevrolet when an incident occurred that resulted in serious physical injury to a person and she knew this but failed to stop. And when no police officer was in the vicinity when the injury was sustained, she failed to report it as soon as she was able to.

Ronald G. Besemer-McLean is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a CLass E felony. It is alleged that on March 2 in the Town of Le Roy that Besemer-McClean drove a 2006 Acura on I-490 when he knew his driver's license was suspended or revoked and while he was under to influence of alcohol or a drug. In count two, he is accused of driving while intoxicated as a Class E felony. In count three, he is accused of tampering with physical evidence, a Class E felony. It is alleged in count three that he defied police orders and placed a plastic baggie containing an unknown substance in his mouth and swallowed it. In count four, Besemer-McClean is accused of resisting arrest, a Class A misdemeanor. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI, as a misdemeanor, on Nov. 7, 2012 in City of Rochester Court. The conviction forms the basis for the suspension or revocation referred to in count one of the current indictment.

       Edwin Peart Jr.

A suspected drug dealer from Rochester arrested on Pearl Street in Batavia this week will have a chance to make his $10,000 cash bail (or $20,000 bond) with the help of friends and family, the public defender told Judge Charles Zambito at a bail review hearing this afternoon.

Edwin Peart Jr., 36, of Brookridge Drive, Rochester, was initially held on no bail following his initial arraignment in Batavia City Court because of, by law, his prior felony convictions. Only a county court judge can set bail for a defendant facing a felony charge with prior felony convictions.

Public Defender Jerry Ader argued that soon changes in state law would mean his client would automatically be released without bail since he was held on a nonviolent felony, and given that, he suggested Zambito release Peart under the supervision of Genesee Justice. 

Ader said bail should be set at a reasonable amount -- he asked for that to be $10,000 -- because his client is accused of a nonviolent felony, and if for some undisclosed reason Peart is unable to work and earn money, bail should not be untenable.

Assistant District Attorney Kevin Finnell cited Peart's lengthy criminal record and previous failures to appear in court and a parole violation as well as a fleeing police charge as a reason to set a higher bail. He asked for $20,000 cash or $40,000 bond.

Bail is intended to ensure a defendent's future court appearance not as a punishment.

Zambito set bail at Ader's requested amount of $10,000 cash (or $20,000 bond).

Peart's criminal record goes back to 2002 when he was convicted of criminal contempt. In 2004, he was arrested from criminal possession of a weapon. In 2015, ID theft, and he had warrants out for his arrest in 2017 (though Ader said Peart turned himself in and the warrants were revoked). In 2017 he was also accused of fleeing a police officer.

     Jahmiere Smith

A traffic stop by Rochester police led to the arrest Wednesday of a teenager wanted in Genesee County for allegedly dealing drugs in Bergen.

Jahmiere D. Smith, 18, of Rochester, was the subject of an active arrest warrant out of Genesee County stemming from two alleged drug deals between Smith and an agent of the Local Drug Task Force.

Smith is suspected of dealing in heroin in Bergen and accused of selling heroin to an undercover agent on two separate occasions.

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.

Smith was arraigned in Genesee County Court and ordered held on bail of $1,500.

The Task Force was assisted in the investigation by Genesee County Sheriff's deputies and the District Attorney's Office.

Patricia A. Gibson, 29, of East Main Street, Batavia, is charged with disorderly conduct and obstruction of governmental justice. She was arrested on Aug. 30 after an incident at 8:46 p.m. on Watson Street in Batavia. It is alleged she was observed in a physical fight with another individual. Gibson allegedly ignored officers' commands, but was eventually taken into custody without further incident. She was issued an appearance ticket for Sept. 10 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider.

Wesley Thigpen, 38, no address provided, is charged with: second-degree burglary; criminal contempt of court in the second degree; and fourth-degree criminal mischief. On Sept. 3, Thigpen turned himself in to the Batavia Police Department on these charges. He is accused of violating an order of protection by entering the protected party's residence and preventing them from calling 9-1-1. He was due is Batavia City Court on Sept. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jacob L. Hernandez, 25, of McKinley Avenue, Batavia, is charged with criminal mischief. Batavia Police Officer Peter Post arrested Hernandez on Sept. 3 on an active warrant out of Batavia City Court. The warrant stemmed from an incident at 5:15 a.m. on July 4 on McKinley Avenue. He was arraigned in city court then released under supervision of Genesee Justice. He is due to return to city court on Sept. 19. Officer Post was assisted by Officer Arick Perkins.

Andrew J. Rock, 33, of Judge Road, Batavia, is charged with: second-degree harassment; second-degree strangulation; petit larceny; and second-degree criminal trespass. Rock was arrested following an alleged domestic incident at 3 a.m. on Sept. 2 at an apartment on North Spruce Street in the City of Batavia. He was arraigned in Batavia City Court and jailed without bail. He is due in city court at 1:30 p.m today (Sept. 3). The case was handled by Batavia Police Officer Cowen Mitchell.

Justin R. Swift, 40, of Le Roy, was arrested Aug. 29 following a traffic stop by Wyoming County Sheriff's deputies on Route 20A in the Town of Orangeville. Swift was pulled over at 11:38 p.m. for allegedly speeding and failing to signal for lane changes. Swift also allegedly continued driving for a distance when police were attempting to pull him over. Swift was found to have an open container of alcohol in his vehicle along with a 7-year-old child. Swift allegedly failed roadside standardized field sobriety testing and was taken into custody. The child was transported to the Wyoming County Sheriff’s Office where she was later released to a family member. Swift was also taken to the Wyoming County Sheriff’s Office where he refused to submit to a breath chemical test. Swift was charged with: aggravated driving while intoxicated – child in vehicle; DWI; refusal of pre-screen breath test; consumption of alcohol in motor vehicle; failure to yield right of way to emergency vehicle; no signal; and speed over 55 mph. He was arraigned in the Town of Warsaw Court where his license was suspended pending a DMV Refusal Hearing. He was put in Wyoming County Jail in lieu of $5,000 cash bail or $10,000 bond, and he is scheduled to return to the Town of Orangeville Court on Oct. 2 for further proceedings. The case was handled by Wyoming County Sheriff's Deputy Justin Bliss, assisted by Sgt. Colin Reagan.

Minnie M. Henry, 31, of Central Avenue, Batavia, is charged with third-degree criminal mischief. She was located and arrested after an investigation into an alleged domestic incident at 6:15 a.m. on Aug. 22 at an apartment on Hutchins Street in Batavia. She is due in Batavia City Court this afternoon (Sept. 3). The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Camp.

Jenna L. Josephite, 30, of West Main Street, Batavia, is charged with petit larceny. She was arrested after a larceny investigation at a local business. She was transported to Genesee County Jail for processing and given an appearance ticket for Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Kevin DeFelice.

Tonya M. Weber-Jackson, 35, of Highland Park, Batavia, was arrested on two warrants out of Batavia City Court. On Sept. 1 she was delivered by Genesee County Sheriff's deputies to the Batavia Police Department headquarters on the warrants. She was arraigned at 9:30 a.m. on Sept. 2 and jailed on $1,000 bail. She is due back in court on Sept. 5. The case was handled by Batavia Police Officer Arick Perkins.

Patrick B. Shores, 32, of Main Road, Stafford, is charged with failure to appear. Shores turned himself in at Batavia Police Department headquarters at 9:15 a.m. on Aug. 25 on an arrest warrant out of Batavia City Court. He was released on his own recognizance and is due back in city court on Sept. 11. The case was handled by Batavia Police Officer Arick Perkins.

       Edwin Peart Jr.

Four people were arrested on drug-related charges, including one suspected drug dealer, following a raid at a residence on Pearl Street in Batavia on Thursday night.

Members of the Local Drug Task Force, assisted by the Batavia Emergency Response Team, executed a search warrant following an investigation into possible narcotic trafficking at 9:30 p.m.

Taken into custody were: Edwin Peart Jr., 36, of Brookridge Drive, Rochester; Marc C. Cook Sr., 29, of Pearl Street, Batavia; Aamaje Z. Bell, 18, of Brooklyn Street, Batavia; and Matthew C. Olcot, 40, of Woodstock Gardens, Batavia.

Peart is charged with criminal possession of a controlled substance, 3rd, tampering with physical evidence, promoting prison contraband, 1st, and obstructing governmental administration. He was ordered held without bail.

Cook is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and unlawful possession of marijuana. He was issued an appearance ticket.

Bell was charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument. Bell was issued an appearance ticket.

Olcott was charged criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. He was issued an appearance ticket.

Ryan Matthew Sharlow, 49, of Ross Street, Batavia, is charged with second-degree assault, second-degree menacing with a weapon, and fourth-degree criminal mischief. At 10:42 p.m. on Aug. 28, deputies were dispatched to a residence on School Road in the Town of Stafford for a reported disturbance. Sharlow allegedly struck a victim with a blunt object, which caused physical injury, and he allegedly threatened another victim. He was arraigned in Stafford Town Court and jailed in lieu of $10,000 cash or $20,000 bond. He is due in Stafford Town Court at 1 p.m. on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Shannon Gene Draper, 45, of Transit Road, Pavilion, was arrested after allegedly damaging another person's property following a domestic incident at 10 p.m. on Aug. 29 on Transit Road, Pavilion. He was arraigned in Stafford Town Court and released on his own recognizance after temporary orders of protection were issued for the victims. He is due in Pavilion Town Court at 3 p.m. on Tuesday (Sept. 3). The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy James Stack.

Michael E. George, 56, of Lewiston Road, Oakfield, is charged with: aggravated driving while intoxicated with a child under age 16 as passenger -- with a prior conviction within 10 years; DWI with previous convictions; and moving from lane unsafely. At 12:03 a.m. on Sept. 1, Genesee County Sheriff's Deputy David Moore conducted a traffic stop on Route 63 in the Town of Batavia. George was subsequently arrested, arraigned in Town of Batavia Court, and jailed in lieu of $1,000 cash or $2,500 bond. He is due in Town of Batavia Court at 2 p.m. on Sept. 23.

Jordan Lee Hull, 25, of Alpine Lane, Caledonia, is charged with: aggravated driving while intoxicated with a BAC of .18 percent or more; DWI; moving from lane unsafely; leaving the scene of a property damage accident; having an open container of alcohol in the vehicle; and unsafe tire. He was arrested following the investigation of a motor-vehicle accident at 10:03 p.m. Aug. 31 on Circular Hill Road in Le Roy. He is due in Town of Le Roy Court on Sept. 16. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy James Stack.

Jenna Lynn Josephite, 30, of West Main Street Road, Batavia, is charged with criminally using drug paraphernalia in the second degree and promoting prison contraband in the second degree. At 8:35 a.m. on Aug. 29, Genesee County correctional officers were processing Josephite after her arrest in the City of Batavia for petit larceny. It is alleged that she knowingly and unlawfully entered the Genesee County Jail while in possession of contraband -- drug paraphernalia. This was a metal smoking pipe commonly used for narcotics. She is currently under supervision of NYS Parole for criminal possession of a controlled substance in the fifth degree. Parole was notified and a parole detainer was issued. Josephite was transported to Batavia City Court and arraigned, then jailed in lieu of $500 cash bail or $1,000 bond. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Correctional Officer D. Stone and Correctional Officer Philip Mangefrida.

Jeremiah D. Welchruth, 18, of Lockport, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; and speeding. At 11:08 p.m. on Aug. 29, Welchruth was arrested on Main Road in Pembroke following a traffic stop. He was issued an appearance ticket for Sept. 19 in Pembroke Town Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Christine Marie Hulme, 53, of Kensington Avenue, Buffalo, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; driving left of pavement markings; and operating a motor vehicle while using a mobile phone. Hulme was arrested at 10:18 p.m. on Aug. 30 on Sumner Road in Darien. She was issued an appearance ticket for Sept. 17 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Bobby James Mulder, 40, of Lake Street, Le Roy, is charged with operating a motor vehicle while having a BAC of .08 percent or more, and driving while intoxicated. He was arrested at 3:48 a.m. on Aug. 31 on Lake Street in Le Roy after an investigation into a complaint of an unauthorized use of a motor vehicle. Mulder was released on an appearance ticket and is due in Le Roy Town Court on Sept. 12. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

The following people were arrested by the Genesee County Sheriff’s Department during the Brantley Gilbert concert at Darien Lake Performing Arts Center on Friday:

Jacob D. Dobrick, 22, of Treehaven Road, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Jestus P. Hoffman, 21, of Boston State Road, Hamburg,  is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Charles P. Mitchell, 39, of Sanders Road, Stafford, is charged with trespass after allegedly refusing to leave Darien Lake property after being told to leave numerous times.

Amber L. Haynes, 28, of Pioneer Lane, Delevan, is charged with second-degree harassment after allegedly striking a Live Nation security guard in the face.

Richard D. Hanes, the 37-year-old parolee who beat Raymond Lee Morgan to death with a hammer on July 24, 2018, at 111 Liberty St., in the City of Batavia, had nothing to say for himself before Judge Charles Zambito sent him to prison for 25 years to life this morning.

It was the most severe sentence available to Zambito for the savage murder under state law.

Zambito described the murder of Morgan as brutal; any man who could deliver 20 to 25 blows to another human being with a hammer and then try to evade capture and show no remorse is a danger to society.

State law will permit Hanes to become eligible for parole someday and a parole board will ask Zambito for his opinion and Zambito said he will oppose Hanes ever being released from prison.

Zambito noted that Hanes, whose career as a criminal began in 1996, has been released on parole four times and probation twice, and each and every time Hanes violated the terms of release.

"A person with that personality doesn't belong in civil society," Zambito said.

Hanes sat motionless, staring straight ahead, throughout today's proceedings, and he declined an invitation by Zambito to make a statement before sentencing. But members of Morgan's family had plenty to tell Zambito and they took the demeanor of Hanes as a sign that he didn't regret taking the life of the father of two living daughters and seven grandchildren.

"You get to live and breathe while my father is in an urn," one of Morgan's daughters said (Raelee and Faith Morgan stood at the podium together while making their statements).  

"Life in prison isn't good enough for the pain and suffering you've caused our family," she added.

Morgan's sister Nancy Raymond said, "You made the decision to take Ray's life, making it necessary for us to serve a life sentence without his smile, his laugh and his love."

Sister Natalie Urbansky said she got to spend 41 years with her brother. Because of Hanes, that opportunity is denied to Morgan's grandchildren.

"I don't want Richard to feel bad for me," she said. "I want him to feel bad for (Morgan's) kids and his grandkids, who won't have the years with him that we had."

District Attorney Lawrence Friedman said Batavia PD detectives who investigated the case described a grisly crime scene. They gathered the DNA evidence on the hammer and a hat, and processed the bloody mess resulting from the mayhem inside of Morgan's apartment. Given the lurid details and the eloquent statements of Morgan's family, there wasn't much more Friedman could add in arguing for the maximum available sentence.

"The detectives, experienced detectives, said this was the most brutal crime scene they had ever seen," Friedman said. "They talked about the evil of what this defendant did, and they believe he deserves the maximum sentence available in this case."

Friedman said he agreed with the family's assessment that Hanes showed no remorse for his murder of Morgan.

Defense attorney Fred Rarick argued for the 20-year prison term Hanes was initially offered in a plea bargain that Hanes (inset photo, right) turned down, noting that both the judge and the DA were aware of the brutality of the crime at the time of the offer. He also said his client disagreed with the jury's verdict.

When Zambito pronounced his verdict, the more than 20 family members and friends in the court, and at least one juror who voted to convict Hanes, applauded. 

After the sentence was handed down, and as Hanes was led out of the courtroom by deputies, a member of Morgan's family yelled "You monster! I hope you never walk the streets again."

Top photo: Family photo of Ray Morgan.

Brittany Smith, 27, of Pringle Avenue, Batavia (inset photo, left) is charged with second-degree assault and second-degree menacing. She was arrested after an altercation at 4:30 p.m. on Hutchins Street Aug. 23. Smith is alleged to have cut a victim with a knife. Smith was jailed without bail and was due in Batavia City Court on Aug. 26. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Miah Davis.

Lizbet D. Cramer, 42, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation found she was allegedly not providing adequate supervision for a child in her care who was on declared by Family Court as a "Person In Need of Supervision" -- PINS (a child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities). Cramer was arrested and issued an appearance ticket for Sept. 10 in Batavia City Court. The case was investigated by Det. Eric Hill.

Jennifer Reed, 45, of Wood Street, Batavia, is charged with petit larceny. It is alleged that at 11:43 a.m. on Aug. 24 that she stole a bottle of Vitamin C from the Dollar General Store on East Main Street in Batavia. She is accused of concealing the item then exiting the store without paying for it. She was arrested and issued an appearance ticket for Aug. 27 in Batavia City Court. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Miah Davis.

Junior D. Benedict, 40, of West Bay Street, Englewood, Fla., is a registered sex offender charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. At 7:40 p.m. on Aug. 25, Benedict was arrested following an investigation. He allegedly failed to register his change of address within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. It is also alleged that he falsified a sex offender address change form at the Genesee County Jail, which is in the City of Batavia. He was arraigned in Batavia Town Court and put in jail without bail. He was due to return to Batavia Town Court on Aug. 25. He is scheduled to appear in the City of Batavia Court to answer the falsifying business records charge on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Carlos Daniel Dejesus, 20, of Clifford Avenue, Rochester, is charged with: two counts of criminal possession of a controlled substance; unlawful possession of marijuana; plate display violation; and operating a motor vehicle without a driver's license. At 10:22 p.m. on Aug. 23, Dejesus was stopped on Route 490, mile marker 0.1 in Le Roy for allegedly not having a distinctive rear license plates displayed on his vehicle. It is alleged that he was subsequently found to be operating without a license. "Criminal indicators" were observed and the vehicle was searched. Dejesus's passenger, and Angelle L. Dreier, no age or address provided, was also charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Both were allegedly found to possess cocaine and marijuana. They were issued appearance tickets for Town of Le Roy Court on Sept. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

The following people were arrested by the Genesee County Sheriff’s Department during the Slipknot concert at Darien Lake Performing Arts Center on Sunday, Aug. 25.

Kristopher P. Ware, age 39, of Phinney Road, Hannibal, was arrested for second-degree harassment, disorderly conduct and obstructing governmental administration in the second degree after allegedly kicking a Live Nation security guard, then fighting with the Live Nation security while being ejected from the concert. Ware then allegedly obstructed deputies from completing his arrest. He was arraigned in Darien Town Court and jailed in lieu of $1,000 bail. 

Darius M. Duggan, age 37, of Taylor Road, Hamburg, arrested for second-degree criminal contempt after allegedly being found with another person who possessed a stay away order of protection against him. Duggan was arraigned in Darien Town Court and released on his own recognizance. 

Daniel L. Wilson, age 52, of Putnam Street, Union City, Pa., arrested for two counts of second-degree harassment, and obstructing government administration in the second degree after allegedly kicking a deputy and a Live Nation security guard and then obstructing the completion of his arrest. Wilson was arraigned in Darien Town Court and jailed in lieu of $1000 bail. 

The following were arrested and issued appearance tickets to be in Darien Town Court at 3 p.m. on Sept. 10:

Joshua M. Marshal, age 26, of Byron Avenue, Bronx, arrested for third-degree criminal trespass after allegedly reentering Darien Lake property after being ejected and told not to return. 

Walter T. Rogers, age 61, of East 94^th Street, Brooklyn, arrested for third-degree criminal trespass after allegedly reentering Darien Lake property after being ejected and told not to return. 

Christopher R. Kocur, age 33, of Reyer Road, Auburn, arrested for third-degree criminal trespass, after allegedly entering the concert venue after being ejected and told not to return. 

Jeffrey A. Wakeman II, age 32, of Grannis Road, West Monroe, arrested for third-degree criminal trespass after allegedly entering the concert venue after being ejected and told not to return. 

Sean P. Derisio, age 27, of Eaton Road, Rochester, arrested for second-degree harassment and fourth-degree criminal mischief after allegedly punching another person in the face breaking their eyeglasses. 

Justin L. Costello, age 31, of Eaton Road, Rochester, arrested for second-degree harassment after allegedly punching a Live Nation employee in the face.  

Holden S. Child, age 20, of Henderson Road, Wellandport, Ontario, Canada arrested for trespass after allegedly jumping a fence to gain entry into the concert venue. 

Joseph E. Harrison, age 20, of Woodbridge Drive, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Carey Culverhouse, 60, of Grandview Avenue, Tonawanda, (inset photo left) is charged with first-degree assault. He was arrested on a warrant out of Batavia City Court that was issued following an investigation into a stabbing on East Main Street in Batavia that occurred in September of 2017. He was located by the Tonawanda police and turned over the Batavia police. He was arraigned in Batavia City Court on Aug. 22 and jailed without bail. He was due to return to city court on Aug. 23. The case was handled by Batavia Police Officer Christopher Lindsay.

Malik I. Ayala, 27, of Walnut Street, Batavia, (inset photo right) is charged with second-degree burglary. He was arrested on Aug. 13 by Batavia Police officers Adam Tucker and Jason Ivison. He is accused of entering another person's residence on Naramore Drive in Batavia at about midnight on Oct. 14 and stealing property. He was arraigned in Batavia City Court and turned over to the GC Sheriff's Office, where he is being held on unrelated charges.

Alan R. Price, 24, of Chili Avenue, Rochester, is charged with: endangering the welfare of a child; criminal contempt in the first degree; and second-degree strangulation. Price was arrested on Aug. 12 for an incident reported at 8 a.m. on April 11 on North Spruce Street in the City of Batavia. He was arraigned in Batavia City Court and jailed on $5,000 cash or bond. The case was investigation by Batavia Police Officer Matthew Wojtaszczyk.

Kaleb J. Bobzien, 21, of Dellinger Avenue, Batavia, is charged with criminal contempt in the first degree. He was arrested after a domestic incident investigation in which it is alleged that he had contact with a protected person at 9:50 a.m. on Aug. 22 on Dellinger Avenue. Bobzien was jailed without bail and was due in Batavia City Court today (Aug. 26). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Sean Wilson.

Brandon C. Dodd, 32, of Clinton Street, Batavia, is charged with: petit larceny; second-degree burglary; and second-degree criminal contempt. He was arrested on Aug. 24 after a domestic incident on Highland Park, Batavia. It is alleged that he broke into the home of a protected person and stole money. He was arraigned in Batavia City Court Aug. 24 and jailed without bail pending his return to city court today (Aug. 26). The case was handled by Batavia Police Officer Marc Lawrence.

Kevin Hal Deet, 69, of Rogers Road, Hamburg, is charged with trespass. He was arrested at 8:22 p.m. on Aug. 25 at Batavia Downs Gaming and Hotel on Park Road in Batavia after allegedly refusing to leave after being told to do so by security officers and deputies. He is due in Batavia Town Court on Sept. 12 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Danielle E. Cummings, 41, of Batavia Oakfield Townline Road, Batavia, is charged with aggravated unlicensed operation of a motor vehicle in the first degree. Cummings was allegedly observed driving on Verona Avenue in the City of Batavia at 2:41 p.m. on Aug. 23 while having 17 active suspensions -- fifteen of them on 12 dates. She was arraigned in Batavia City Court and jail in lieu of $500 bail. She is due in city court at a later date. Sgt. Dan Coffey handled the case.

Taylor L. Finnin, 26, of Highland Park, Batavia, is charged with possession of a hypodermic instrument and loitering while unlawfully using a controlled substance in a public place on Jefferson Avenue in Batavia at 1:55 p.m. on July 9. He was arraigned Aug. 22 in Batavia City Court and jailed in lieu of $1,500 cash or $3,000 bond. The  case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Ashley Marie Silliman, 23, of West Genesee Street, Corfu, is charged with petit larceny. She was arrested following a shoplifting complaint at the Dollar General on East Main Street in Batavia at 1:42 p.m. on Aug. 21. She issued an appearance ticket and is due in Batavia City Court on Aug. 27. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Photo and story by Alecia Kaus/Video News Service.

Brandon R. Fogg, 32, who pulled a fake BB gun out during a tussle with Batavia Police Officer Darryle Streeter in June, showed up late to Genesee County Court this morning, shortly after a warrant was issued for his arrest.

The Batavia resident pled guilty to first-degree menacing, a Class E felony, in Genesee County Court on June 21.

Fogg admitted then he intentionally put a person, Batavia Police Officer Darryle Streeter, in danger by displaying a black imitation BB pistol during an altercation with Officer Streeter on Ellicott Street near Cedar Street about 12:30 a.m. on June 5.

Officer Streeter had observed Fogg in the passenger seat of the vehicle being operated with an illegal tire and conducted a traffic stop as Fogg was wanted in a trespassing incident.

During the stop, Fogg attempted to flee from Officer Streeter.

Officer Streeter was able to take Fogg to the ground, where he began to fight with Officer Streeter.

Fogg pulled a BB pistol from his pocket and tried to turn it toward Officer Streeter. An employee of a local business observed the struggle and was able to step on Fogg's wrist, which made him lose his grip on the imitation gun. Officer Streeter was subsequently able to take Fogg into custody.

For the second time this month, Fogg’s sentencing was delayed so he could participate in a substance abuse program at the GCASA -- Atwater House.

GCASA – Atwater Home provides a structured, chemical-free environment for men and women in recovery from drug and/or alcohol addiction and is located on East Main Street in the city.

On Aug. 1st, Judge Charles Zambito delayed sentencing and allowed Fogg to participate in a 21-day drug treatment program in Bradford, Pa.

Fogg was being held at the Genesee County Jail without bail, he was released under supervision to his mother on Aug. 1st.

According to Fogg’s public defender, Jamie Welch, Fogg completed the program in Bradford on Aug. 22 and was discharged. He has since been staying at a halfway house at the Atwater House.

Fogg was scheduled to appear in Genesee County Court for sentencing this morning (Aug. 26), but Fogg was not in court at the appointed time and Welch did not know his whereabouts. Judge Zambito then issued a warrant for his arrest.

After showing up at 10 a.m., Judge Zambito recalled the warrant and the case proceeded.

After the case was recalled, Welch requested a two-month adjournment on sentencing to see how Fogg does in the program. He told Judge Zambito he was hoping for a sentence of five years probation.

Judge Zambito agreed to the two-month adjournment and requested reports from the program at Atwater House.

“I would like to know as soon as he is finished or if he was terminated from the program,” said Judge Zambito.

Zambito then warned Fogg if he was terminated from the program a warrant for his arrest would be issued.

“Considering the seriousness of the offense, there are no promises from me, you are working towards avoiding a state prison sentence.”

Fogg is scheduled to appear for sentencing at 1:30 p.m. on Oct. 30.

For previous coverage of Brandon Fogg and the incident involving Officer Darryle Streeter:

Citizen assists officer in struggle with suspect who allegedly pulled weapon from his pocket​

Batavia man accused of using BB gun to menace city cop pleads guilty​

Man who menaced cop with BB gun given chance for drug treatment​

The following people were arrested by the Genesee County Sheriff’s Department during the Florida Georgia Line concert at Darien Lake Performing Arts Center on Saturday, Aug. 24. They were issued appearance tickets for Sept. 10 in Darien Town Court.

Creighton W. Schreyer, age 18, of Albany Street, Fort Erie, Ontario, Canada arrested for false personation and petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue and then providing false information of his identity. 

Candice C. Gray, age 29, of East 37^th Street, Hamilton, Ontario, Canada arrested for petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue.  

Laurel G. Natale, age 21, of Forest Hill Road, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Claire E. Stavina, age 21, of Valencia Drive, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Austin M. Cappa, age 25, of Sherri-Lee Crescent, Fonthill, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Brayden L.J. Stortz, age 23, of 1^st Avenue, Welland, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Paul R. Walker, age 60, of Wheatland Center Road, Scottsville, arrested for second-degree harassment after allegedly attempting to strike a deputy.  

London A. Dickson, age 21, of Route 238, Warsaw, arrested for third-degree criminal trespass after allegedly entering the concert venue after being ejected and told not to return. 

Brandon M. Rogers, age 24, of Indian Trail, Williamsville, arrested for obstructing governmental administration in the second degree and second-degree harassment after allegedly elbowing a deputy in the chest and then attempting to flee to avoid arrest.  

Scott H. Child, age 20, of Henderson Road, Wellandport, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

A 16-year-old female, of Phelps Road, Corfu, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Samantha A. Goucher, age 22, of Cooper Street, Cato, arrested for fourth-degree criminal mischief after allegedly damaging a tarp belonging to Live Nation. 

Abigail L. Leonti, age 21, of Barnes Road, Port Byron, arrested for fourth-degree criminal mischief after allegedly damaging a tarp belonging to Live Nation. 

Phil J. Lafreniere, age 25, of North Main Street, Warsaw, arrested for petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue.  

Braeden R. Doust, age 22, of Apulla Road, Jamesville, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Miranda M. Jachimiak, age 40, of Liberty Street, Bliss, arrested for second-degree harassment after allegedly shoving a Darien Lake employee. 

Justin P. Crandall, age 36, of Liberty Street, Bliss, arrested for two counts for second-degree harassment after allegedly shoving two Darien Lake employees. 

Samantha A. Mikos, age 24, of 7^th Street, Niagara Falls, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Adrian J. Puchalski, age 49, of South Edwards Avenue, Syracuse, arrested for respass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

From the Genesee County Sheriff's Office:

One person was arrested by the Genesee County Sheriff’s Department during the Kiss concert at Darien Lake Performing Arts Center on Friday, Aug. 23.

Richard Quesnelle, age 51, of Carl Road, Port Colborne, Ontario, Canada, arrested for second-degree harassment after allegedly pushing another patron to the ground. 

He is due in Darien Town Court on Sept. 3 to answer the charge.

From the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office investigated a report of a motor vehicle struck by a train at 12:29 a.m. on Sunday, Aug. 25.

The incident occurred on the railroad tracks between Depot Street and Water Street in the Village of Corfu and was reported to the Genesee County Emergency Dispatch Center.

Upon arrival, patrols observed a CSX freight train stopped on the railroad tracks that appeared to be traveling west. A black 2015 GMC Sierra pickup truck was also observed on the railroad tracks with damage to the rear of the truck.

It appeared that the GMC attempted to cross over the tracks and bottomed out, coming to a rest on the north railroad track. That is when the CSX freight train struck the rear of the truck, pushing it off the tracks.

The GMC did not appear to be occupied; however the occupants were reported to have fled the scene by witnesses. No injuries were sustained or reported as a result of the incident.

After further investigation, Brendan M. Kotarski, 27, of Oak Street in Oakfield, and a female passenger were located and found to be the sole occupants of the 2015 GMC Sierra.

Kotarski was later identified as the operator and was administered standard field sobriety tests. Kotarski was allegedly found to be intoxicated and was charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; reckless driving; leaving the scene of a property damage accident; and reckless endangerment in the second degree.

He was released and scheduled to appear in Corfu Village Court on Sept. 9.

The incident was investigated by Corfu Police Officer Kevin Koscielniak, Officer Peter Scanio and members of the CSX Railroad Police Department. Assistance at the scene was given by Genesee County Sheriff's Sgt. Andrew Hale, Deputy Erik Andre, Deputy Kenneth Quackenbush, and Deputy David Moore, along with members of the Corfu Fire Department.