crime

       TeeSean Ayala

A former high school basketball star who got caught with a gun outside the county manager's home on Washington Avenue in November is being released from jail before being sent to prison so he can be at the hospital later this month for the birth of his child.

Judge Charles Zambito granted the unusual request because he promised TeeSean Ayala, 19, the opportunity to be around for the birth of his baby if he cooperated with prosecutors. Today Zambito acknowledge that Ayala kept his promise.

"I'm doing all of this because you did cooperate," Zambito said. "That's part of the bargain."

In May, Ayala entered a guilty plea to a charge of criminal possession 2nd, which carries a mandatory prison sentence with a maximum possible term of 15 years.

The plea also satisfied several charges related to local burglaries.

"If you flee, you will eventually be caught and then you're going to be sentenced to the 15 years," Zambito told Ayala. "If you commit any crimes while you're out, you will be sentenced to 15 years and face enhanced sentencing on those charges."

Ayala said he understood.

When the case was first called a little after 1:30 p.m., there was some discussion between Zambito and the attorneys about whether to adjourn the sentencing of Ayala. Ayala's attorney Richard Shaw started whispering to Ayala and at one point, Ayala became visibly emotional and said loudly, "but it's my first one."  

Shaw continued whispering to Ayala and Zambito asked if he and his client needed to discuss the matter privately. They did so Zambito ordered the case recalled later in the afternoon.

When Ayala came back into court, Zambito said he had been reminded of the promise to allow Ayala to be present for the birth of his child if he kept up his end of the bargain.

Zambito said Ayala isn't to leave his residence for any reason other than going to court or to go to the hospital for the delivery of his child when his fiancée goes into labor.

Ayala is allowed to have visitors but cannot be in contact with Malik Ayala, his brother who is a co-defendant.

Sentencing on the weapon charge is scheduled for 9:30 a.m., Aug. 21.

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

MORE T/K

Press release:

The Le Roy Police Department is requesting assistance in determining the owner of the items depicted in the attached photographs. These items were recovered during the investigation of a rash of larcenies from vehicles, which were entered during the overnight hours in the Village of Le Roy.

If you recognize any of these recovered items, please contact Detective John Condidorio of the Le Roy Police Department at 585-768-2527, ext. 2219.

Proof of ownership may be requested before the property can be released.

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

Kiha S. McNear (inset photo left), 21, of Holland Avenue, Batavia, is charged with: first-degree criminal contempt -- with a prior conviction; criminal contempt -- having physical contact; second-degree burglary; fourth-degree criminal mischief; and second-degree harassment. McNear was arrested at 1:55 a.m. July 25 after a domestic incident on Walnut Street in which he allegedly violated an order of protection and got into a physical fight with a famiy member. He was arraigned in Batavia City Court and jailed in lieu of $10,000 cash or bond. He was due back in court July 26. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Justin P. Avino, 26, of Swan Street, Batavia, is charged with second-degree harassment. He was arrested after an investigation allegedly found he physical contact with another person at 4 a.m. July 21 on Swan Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Aug. 8. The case was handled by Officer Peter Flanagan.

Katherine S. Thomas, 46, of Ross Street, Batavia, is charged with trespass. She was arrested after an investigation into a disturbance on Ross Street at 1:11 a.m. on July 26. Thomas was warned to stay away from the scene by police but she allegedly returned a short time later. She was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Dustin Wayne Bogue, 37, address unknown, Buffalo, was arrested on a warrant in which is alleges that the defendant violated an order of protection at 10:38 a.m. on April 5 on Tracy Avenue in Batavia. He was arraigned in Batavia City Court and jailed with unspecified bail. He was due to return to city court on July 28. The case was handled by Officer Peter Flanagan.

Myriam M. Cruz, 36, of Copeland Street, Rochester, and Christian Saez, no age or address provided, are each charged with two counts of petit larceny after allegedly shoplifting from a local business on separate occasions in July. Cruz was released on her own recognizance. Saez was jailed on July 26 in lieu of $500 cash bail or $2,500 bond. Both are due in Batavia City Court on Aug. 1. The investigation was conducted by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with larceny of beer from a local business at 2:50 a.m. on July 25. He was arrested and processed at the jail, issued an appearance ticket for Aug. 6 in Batavia City Court, and released to his mother. The case was handled by Batavia Police Officer Darryle Streeter.

Defense attorney Frederick Rarick told the court on Friday that he intends to call five witnesses on behalf of his client, Richard D. Hanes, the man standing trial for the July 24, 2018, murder of 47-year-old Raymond L. Morgan. 

Rarick said he plans to bring forward Danielle Case, Michael Elmore, Bonnie Cortright and Hanes’s mother and father. Though the trial will most likely last until Tuesday or Wednesday of next week, Hanes is not anticipated to testify in his defense.

Case made the initial 9-1-1 call to emergency responders after the bludgeoning of Morgan occurred around 11:15 p.m. at 111 Liberty St., Batavia. Case reportedly said “That’s Ray” when an unknown male dropped from Morgan’s second-floor window and fled the scene before he could be identified.

Elmore was the resident of the Liberty Street house who allegedly posted photos of the bloody crime scene to social media before the landlord could secure Morgan’s room. At the time, Elmore apparently posted that Morgan was the killer. 

No major developments arose during the cross-examination of Batavia PD Detective Thad Mart Friday afternoon. District Attorney Lawrence Friedman is expected to call the final witness for the People, Detective Sgt. Kevin Czora, to attest to his account of the murder investigation.

Witness testimony will begin at 9 a.m. Monday in Genesee County Court. Once the prosecution and defense rest, jurors will hear summations and legal elements of the second-degree murder charge before entering verdict deliberations. If found guilty, Hanes faces a life sentence.

Terrill James Cunningham (inset photo, left), 23, of Treehaven Road, Buffalo, is charged with first-degree sexual abuse, second-degree sexual abuse, and two counts of forcible touching.

Following an investigation at Six Flags Darien Lake, Cunningham was arrested at 6:40 p.m. on July 25 and arraigned in Darien Town Court. He is accused of touching the intimate parts of two individuals less than 14 years of age.

He was jailed in lieu of $2,500 cash bail and is due back in Darien Town Court at 3 p.m. on July 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien.

Ricardo Sampel, 50, of Dellinger Avenue, Batavia, is charged with five counts of aggravated family offense -- more than one offense within five years. On July 17, the Genesee County Emergency Dispatch Center received the report of a violation of an order of protection by a third party. Following an investigation, Sampel was identified and is alleged to have committed the crime of second-degree criminal contempt. It is alleged that he knowingly violated an order of protection by contacting the protected party via phone on July 13. Due to his previous criminal history, including criminal contempt convictions, the charge against him was elevated to a Class E felony. The defendant is currently being held in GC Jail on a separate criminal contempt charge. He was arraigned in Batavia City Court and jailed without bail. The investigation was assisted by jail correctional officers, including Senior Correctional Officer J.M. Smart. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong.

Jennifer Jean Greene, 46, of Tennyson Terrace, Williamsville, is charged with second-degree criminal contempt. At 4:45 p.m. on July 7, deputies responded to Six Flags Darien Lake for the report of a violation of an order of protection. Following an investigation, Greene was arrested. It is alleged that she made physical contact with a person who had a stay away order of protection against Greene. The defendant was arraigned in Darien Town Court and released on her own recognizance. She is due back in Darien Town Court on July 30. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Batavia Police Department detectives' court testimony on Thursday attempted to connect the bludgeoning death of 47-year-old Raymond L. Morgan to Richard D. Hanes, the man accused of murdering Morgan in his Liberty Street residence last July.  

District Attorney Lawrence Friedman called detectives Eric Hill and Thad Mart to testify about their recollections of the events surrounding the July 24, 2018, murder. 

The investigators said lab tests detected Hanes’s DNA on a baseball cap found below Morgan’s bedroom window. Detectives reportedly also found a green shirt and gray pants — similar to descriptions of the unknown perpetrator’s clothes — in Hanes’s blood-covered closet at his former Thorpe Street, Batavia, home. 

The detectives explained to jurors that Morgan’s DNA began to be collected throughout the city following his death. Batavia PD found Morgan’s blood on both the exterior of his bedroom window and the house siding below the room in the hours after the attack. 

Morgan’s DNA was also swabbed from a handlebar grip of Hanes’s bicycle and a hammer on the roof of an Ellicott Street house. Detectives suspect Hanes may have thrown the alleged murder weapon before pedaling back to Thorpe Street. 

Jurors listened as Hill reassembled a text conversation between Morgan and Hanes from the fatal night last July. Although Morgan’s contact information and the text messages did not appear on Hanes’s phone, they were later found in a phone records search by police. 

Hanes apparently texted Morgan “I owe you $395. Imma pay you” around 10:50 p.m. and “Here” at 11:09 p.m, minutes before Batavia PD was called to 111 Liberty St.

Mart told the jury that he had heard loud sirens from emergency responders as he was driving on Main Street before being dispatched to the scene of Morgan's death.

Mart questioned why Hanes said in a July 26, 2018, interview that he did not hear or see responders while traveling on his bicycle in the vicinity of the crime scene. 

“For him to be in the area where he said he was, I find it hard to believe that he would not at least hear the sirens,” Mart said.

Hanes faces life in prison if convicted of second-degree murder. Defense attorney Frederick Rarick will have the opportunity to cross-examine Mart when the trial continues at 2 p.m. today in Genesee County Court.

Marquerite A. Magee, 80, of North Street, Albion, is charged with second-degree harassment. She was arrested at 12:05 a.m. on July 20 on Bank Street in Batavia after allegedly punching her roommate in the face at the assisted living facility where she resides. Magee was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Peter Flanagan.

Michael L. Valle, 38, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested after allegedly punching a person in the face at 10:08 p.m. July 19 on Bank Street. He was issued an appearance ticket for July 23 in Batavia City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Post.

Brandon C. Dodd, of Highland Park, Batavia, is charged with second-degree harassment. Dodd was arrested after an incident at 12:51 a.m. on Pearl Street in Batavia in which he allegedly struck an individual in the face. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Flanagan.

Bradley R. Jordan, 26, of East Main Street, Batavia, is charged with first-degree criminal contempt, second-degree harassment, and endangering the welfare of a child. At 3 p.m. on July 19 on East Main Street in Batavia it is alleged that Jordan struck a person who has an order of protection against him. He was arraigned in Batavia City Court and jailed without bail. He was due back in court today (July 24). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Bobby Lee Mobley, 34, of Watson Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested on the charges July 20 and jailed without bail following an investigation of an incident that occurred at 6:35 p.m. on July 19 on Maple Street in Batavia. He is accused of entering a residence of a person who had a stay away order of protection against him. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Tatiana Celeste Lugo, 24, no permanent address, Batavia, is charged with first-degree criminal contempt. Lugo was arrest at 12:46 a.m. on July 19 on North Spruce Street, Batavia, following the investigation into a violation of a court order. She was arraigned in Batavia City Court and jailed in lieu of $5,000 cash or bond. She was due back in city court today (July 24). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Christopher Lindsay.

Kiha S. McNear, 21, of Walnut Street, Batavia, is charged with petit larceny. McNear was arrested July 14 on an arrest warrant out of Batavia City Court. It is alleged that McNear stole a bicycle at 11 p.m. on June 28 on Ellicott Street. He was arraigned in city court and put in jail in lieu of $1,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with illegally inhaling toxic vapors in public places. He was arrested at 2:42 p.m. on July 22 in the 200 block of West Main Street in Batavia after he was allegedly located huffing an aerosol container in the parking of a local business. He was issued an appearance ticket for Batavia City Court and released. He is due in Batavia City Court on July 30 to answer the charge. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Ivison.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with illegal use of toxic vapors. He was arrested at 5:26 p.m. July 23 in the 4100 block of West Main Street Road in Batavia for allegedly huffing cans of air duster in the parking lot of a local business. He is due in Batavia City Court on July 30 to answer the charge. The case was handled by Batavia Police Officer Peter Post.

Ronald D. Williams, 42, of Ellicott Street, Batavia, is charged with unlawfully growing cannabis and unlawful possession of marijuana. He was arrested at 8:45 p.m. on July 18 on Ellicott Street. It is alleged that Williams was growing marijuana plants on the roof of his residence. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Jurors listened closely to opening statements and testimony about the bludgeoning death of 47-year-old Raymond L. Morgan, of 111 Liberty St., Batavia, in the third day of the Richard D. Hanes trial.

District Attorney Lawrence Friedman drew the attention of jurors as he described the brutality of Morgan’s death in his opening statement. Friedman told the jury that at least 24 blunt force trauma injuries, most likely caused by blows from a hammer, were sustained by Morgan’s body.

As he explained the timeline of events on the night of July 24, 2018, Friedman revealed the perpetrator dropped 12–15 feet from a second-floor window of Morgan’s apartment and fled the scene in the direction of Ellicott Street after the incident occurred. 

During the course of the investigation, Batavia PD investigators collected blood samples matching the DNA profiles of both Morgan and Hanes from a bathroom at 5 Thorpe St., Batavia, which is the rooming house where Hanes resided at the time. Friedman said detectives will testify to the significance of this finding later in the trial. 

In defense attorney Frederick Rarick’s opening statement, he described Morgan's murder as "bloody, vicious, in your face."

Rarick explained to jurors that Hanes was in the vicinity of the Liberty Street home on July 24 to purchase drugs from Morgan. Rarick emphasized that neither forensic evidence at the scene nor witness testimonies will prove Hanes as the perpetrator.

Rarick told jurors that police did not ask for blood or fingerprint samples from other witnesses once Hanes was questioned and his DNA sample was taken. Rarick’s last words in his opening statement — that Hanes had no motive to allegedly commit the murder — rang loudly in the silent courtroom. 

Damien Boyd was called by Friedman to testify because he lived at 111 Liberty St. and witnessed Morgan’s badly beaten body moments after the attack. Boyd said he briefly spoke to Hanes outside the house on July 24 about 10 minutes before he heard banging noises coming from Morgan’s room. 

Boyd said he saw an air conditioning unit thrown from the window of Morgan’s room and a white male drop to the ground shortly after. Boyd observed blood on the man’s hands, but he could not identify the individual due to the poorly lit surroundings. 

Boyd said that the man who had fallen picked up an object Boyd described as "1 ½ to 2 feet long with an L shape on the end." Yet, Rarick pointed out during cross-examination that Boyd previously failed to choose the correct hammer from a lineup of eight hammers, one of which was the weapon used in the beating.

Hanes faces a life sentence if the jury returns a guilty verdict for his second-degree murder charge. Jurors will draw nearer to a verdict today in Genesee County Court.

Jurors have been selected in the case of Richard D. Hanes, who is charged in the bludgeoning death of Raymond L. Morgan, 47, of Batavia.

After two days of questioning prospective jurors, defense attorney Frederick Rarick and District Attorney Lawrence Friedman selected a jury composed of eight women, four men and six alternates who swore to serve as unbiased fact-finders in the case. 

Hanes, a 37-year-old former Holley resident, is facing a second-degree murder charge after allegedly beating Morgan beyond recognition in his 111 Liberty St., Batavia, apartment last July. 

Morgan was pronounced dead when police arrived at the scene. Morgan's cause of death was blunt force trauma to the head. Batavia PD officers and detectives are expected to testify to their investigation in the coming days of testimony.  

Friedman repeatedly asked juror candidates yesterday whether the use and sale of illegal drugs would affect their fairness since Morgan had a previous conviction for criminal possession of a controlled substance.

Rarick urged potential jurors to admit whether graphic testimony and images of the blood-covered crime scene would cause them to be impartial. Judge Charles Zambito excused a few juror candidates when they said that the forensic evidence may be too overwhelming.

The jury will now have the opportunity to listen as attorneys deliver their opening statements and question witnesses at 9:30 a.m. today in Genesee County Court. The first day of testimony coincides with the anniversary of Morgan’s death.

Ryan M. Sharlow, 49, of West Bergen Road, Le Roy, is charged with criminal mischief and resisting arrest. At 12:15 p.m. on July 16 on West Main Street Road in Le Roy, deputies were conducting an investigation into an incident in which Sharlow allegedly damaged the property of another person. While attempting to take Sharlow into custody, he allegedly tried to resist arrest by grabbing and attempting to punch a deputy. He was issued appearance tickets for Le Roy Town Court on Aug. 8. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Jessica Leigh Culver, 29, of Walker Road, Le Roy, is charged with: criminal possession of a controlled substance in the seventh degree; operating a motor vehicle without an inspection certificate; and aggravated unlicensed operation of a motor vehicle in the second degree. At 8:43 p.m. on July 21, Culver was stopped on Batavia Stafford Townline Road for alleged vehicle and traffic violations. It was determined upon investigation that she was driving on a suspended license. A subsequent search of the vehicle allegedly led to the discovery of controlled substances in her possession. She was issued appearance ticklets for Aug. 15 in Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Alexandra R. Lasky, 29, and Alexander Scheg, 24, both of Seven Springs Road, Stafford, are charged with unlawful growing of cannabis by an unlicensed person. At 12:55 p.m. on June 26, Genesee County Sheriff's deputies responded to an address on Seven Springs Road following the report of a domestic incident and an unlawful marijuana-growing operation. After an investigation, they were issued an appearance ticket for unlawful growing on cannabis. Lasky was also issued an appearance ticket for criminal possession of a controlled substance in the seventh degree following the alleged discovery of a controlled substance on location. Both are due in Batavia Town Court on Aug. 13. The case was handled by Deputy Ryan DeLong, assisted by Deputy Ronald Welker. The investigation was also assisted by Deputy Lonnie Nati and members of the GC Drug Task Force.

The following people were arrested by the Genesee County Sheriff’s Office during the Whiz Khalifa Concert at Darien Lake Performing Arts Center on Sunday:

Arthur J. Meaney IV, 19, of West River Road, Grand Island, is charged with criminal possession of a forged instrument, 2nd, resisting arrest and obstructing governmental administration, 2nd, after allegedly being found in possession of a fictitious license and then refusing to be placed under arrest by struggling with deputies. Meaney was arraigned in Darien Court and jailed in lieu of $2500 bail.

Elijah R. Giles, 24, of East State Street, Albion, is charged with obstructing governmental administration, 2nd, and disorderly conduct after allegedly causing a disturbance in the medical treatment area at Darien Lake and then interfering with the process of his arrest. 

Ryan A. Diana, 21, of Britany Lane, Pittsford, is charged with obstructing governmental administration, 2nd, and disorderly conduct after allegedly causing a disturbance in the medical treatment area at Darien Lake and then interfering with the process of his arrest. 

Matthew D. Pantera, 25, of Homecrest Drive, Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Michelle M. Seneca, 42, of Cosad Road, Seneca Falls, is charged with disorderly conduct after allegedly causing a disturbance in the Darien Lake Hotel.

Emily C. Kornack, 18, of Landmark Lane, Pittsford, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Jaycee V. Jones Jr., 18, of Clarence Avenue, Buffalo, is charged with harassment, 2nd, after allegedly punching another person in the eye.

Joseph M. Folvarick, 42, of Wheeler Street, Tonawanda, is charged with harassment, 2nd, after allegedly having physical contact with another person. 

Darius A. Hamilton, 30, of Kehr Street, Buffalo, is charged with obstructing governmental administration, 2nd, and trespass after allegedly refusing to leave the concert venue after being told to leave several times and then interfering with the process of his arrest.

Dominic G. Santamaria, 22, of Overbrook Avenue, Tonawanda, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer. 

Brennan K. Callen, 18, of Flynn Road, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana. 

Nicholas G. Curre, 21, of Corral Drive, Penfield, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Connor T. O’Keefe, 20, of Autumn Lane, Lewiston, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

A 17-year-old of Rumsey Road, Buffalo, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Timothy J. Lloyd, 19, of South Grosvenor Avenue, Brighton, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Matthew E. Dickerson, 21, of Timberwood Drive, Hilton, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Brianna L. Stiegler, 19, of Graystone Lane, Orchard Park, is charged with criminal trespass, 3rd, and criminal Impersonation, 2nd, after allegedly reentering the concert venue after having been ejected and told not to return and then identifying herself as her sister. 

(name redacted upon request), 20, of Misty Meadow Way, Fairport, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Devin M. O’Dell, 19, of Smith Road, Canandaigua, is charged with disorderly conduct after allegedly causing a disturbance at the concert venue exit. 

Gray H. Benhal, 20, of Middle Cheshire Road, Canandaigua, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

Austin J. Allen, 19 of Clovermeadow Lane, Farmington, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Christopher A. Rasbin, 21, of West Avenue, Newark, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return.

A 17-year-old of Proximity Lane, Victor, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Jacob G. Damelio, 19, of Angels Path, Webster, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

A 17-year-old of Edendery Circle, Fairport, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Abbey L. Heist, 20, of Chesapeake Lane, West Henrietta, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Kaylee A. Horn, 20, of Elaine Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

A 17-year-old of Wheat Road, Clifton Springs, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana. 

Derrick C. Jones, 18, of South Street, Clifton Springs, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Thomas J. Miller Jr., 18, of Edgemere Drive, Rochester, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Sonia D. Vasquez, 20, of Underwood Avenue, Hilton, arrested for criminal possession of a weapon, 4th, after allegedly being found in possession of a stun gun while entering the Darien Lake parking lot. 

Jacob L. Masterson, 18, of County Road 15, Filmore, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana. 

Thomas C. Emerson, 18, of Skyline Drive, Corning, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

The following people were arrested by the Genesee County Sheriff’s Department during the Blink 182/Lil’ Wayne concert at Darien Lake Performing Arts Center on Wednesday:

Johnnie L Green III, 26, of NW 22nd Avenue, Opa-locka, Fla., is charged with harassment, 2nd, after allegedly harassing a Darien lake Employee after the concert.

William D. Hoover, 18, of Forest Creek Lane, Grand Island, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana.

Skye D. Weaver, 18, of Crouse Road, Bath, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Kyle N. House, 20, of Lawrence Woods, Orchard Park, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana.

Benjamin C. Milligan, 50, of East Jensen Street, Fresno, Calif., is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Timothy J. Murphy, 19, of Aspinwood Place, Buffalo, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

Jake R. Duffy, 18, of Caldwell Drive, West Seneca, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Nicholas S. Witczak, 30, of McKinley Parkway, Buffalo, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

Andrew T. Ryan, 24, of Freshour Road, Canandaigua, is charged with trespass and disorderly conduct after allegedly refusing to leave the venue after being told numerous times to leave and also creating a disturbance at the venue. 

Leah C. Lincoln, 18, of Cider Circle, Rochester, is charged with criminal trespass, 3rd, after allegedly returning to Darien Lake property after being told not to return due to a prior incident. 

A teenage resident of Alabama who just 18 months ago was sentenced to prison for making a terroristic threat against a police officer was arrested again Tuesday night for allegedly threatening another person with a baseball bat.

Isaac Abrams, 19, of Sky Road, is charged with menacing, 2nd.

At 11:26 p.m., Tuesday, Abrams allegedly threatened to injure another person using a metal baseball bat.

He was arrested by deputies Austin Heberlein and Travis DeMuth.

In February 2018, Judge Charles Zambito sentenced Abrams to one-and-one-third to four years in prison following his earlier guilty plea to the Class D felony of making a terroristic threat.

Zambito also granted Abrams youthful offender status (his juvenile record would be sealed) if he could stay out of trouble. 

In September 2017, Abrams threatened to shoot deputies during an incident on the Tonawanda Indian Reservation. Two days before that, Abrams was accused of trying to seriously hurt or kill a person with a motor vehicle at a fast-food restaurant in Batavia.

      Louis Restivo

A 25-year-old Bergen resident is accused of injuring another bar patron in a fight early Saturday morning, leading to a felony charge.

Louis Christopher Restivo is charged with assault in the second degree for allegedly using a weapon or dangerous instrument.

Restivo is accused of hitting another man in the head with a beer bottle, causing an injury.

The incident was reported at 1:58 a.m. at a location on North Lake Avenue in Bergen.

He was arraigned in Town of Bergen Court and released. An order of protection was issued.

The incident was investigated by Deputy David Moore and Sgt. John Baiocco.

       Daryl Leach

A parolee who robbed the Speedway in Batavia in February got the prison term he bargained for when he entered a guilty plea to third-degree robbery last month.

Daryl Leach will serve two to four years in prison after being sentenced this morning in Genesee County Court by Judge Charles Zambito.

The 38-year-old Leach's prior convictions include grand larceny, attempted robbery, 1st, attempted assault, 1st, and robbery, 3rd, in Genesee County in 2003 that led to more than a dozen years in prison following a 1999 conviction in Genesee County for attempted robbery.

After Leach robbed the Speedway, he fled to a location on Swamp Road where he was located by law enforcement.