crime

Craig L. Fien Jr. and Carla L. Catalano are indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that in late October through early November in the Town of Le Roy that the defendants knowingly possessed stolen property consisting of one or more firearms, rifles or shotguns, in this case a Savage Arms Stevens model 320 pump shotgun. In count two, the duo is accused by the district attorney of fifth-degree conspiracy, a Class A misdemeanor, for intentionally engaging in conduct that constituted a felony.

James M. Mucci is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on April 21 in the Town of Batavia that Mucci drove a 2006 Chevrolet on the Thruway while he was intoxicated and while a child age 15 or less was a passenger. In count two, He is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .08 percent of more at the the time and while a child age 15 or less was a passenger. In count three, Mucci is accused of aggravated DWI, per se, as a misdemeanor, of have a BAC of .18 or more at the time. In count four, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day likely to be injurious to the physical, mental or moral welfare of a child less than 17.

Sharnice S. Gibson, is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on March 14 in the Town of Alabama that Gibson drove a 2002 Saturn on Route 63 while intoxicated and while a child age 15 or less was a passenger. In count two, she is accused of aggravated DWI, as a Class E felony, for driving while intoxicated while a second child age 15 or less was a passenger.

Kyle Allan Hawley, 29, of South Lake Street, Bergen, and Marissa A. Brennan, 26, of Townline Road, Byron, are both charged with: second-degree grand larceny, a felony; and four misdemeanors -- criminal possession of a controlled substance in the seventh degree, criminal possession of a hypodermic instrument, criminally using drug paraphernalia, and fourth-degree criminal mischief. In addition, Hawley alone is charged with aggravated unlicensed operation of a motor vehicle in the third degree. They were arrested in the early morning hours of July 11. They allegedly stole a vehicle on West Main Street Road in Batavia and were later observed in the Village of Bergen but left prior to the arrival of a Genesee County Sheriff's patrol. They were allegedly found in the Village of Churchville still inside the vehicle and in possession of drugs, paraphernalia and possibly other stolen items. They also reportedly did damage to the inside of the vehicle prior to it being recovered. The investigation is ongoing. Both defendants were arraigned in Town of Batavia Court on July 12 and then put in jail. Hawley's bail was set at $15,000 cash or bond; Brennan's bail was set at $10,000 cash or bond. They are due back in Batavia Town Court on July 22. The incident was investigated by deputies Kevin McCarthy and David Moore, assisted by Deputy Richard Schildwaster, Sgt. Michael Lute; the GC Drug Task Force, Investigator Chris Parker, Chief Deputy Joseph Graff, and members of the Monroe County Sheriff's Office.

Solomon Jason Wood, 40, of North Spruce Street, Batavia, is charged with second-degree assault -- intentionally causing serious physical injury, and criminal contempt in the first degree -- violating an order of protection by having physical contact. Wood was arrested following a physical domestic altercation at 3 a.m. on July 9 on North Spruce Street. He was arraigned in Batavia City Court and jailed in lieu of $10,000 cash or bond. He was due in  city court July 11. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Matthew Wojtaszczyk.

Matthew Scott Eggleston, 29, of West State Street, Albion, is charged with: felony driving while ability impaired by drugs; aggravated unlicensed operation of a motor vehicle in the third degree; speeding in a 55 mph zone; and having an obstructed driver's view. At 1:38 p.m. on July 13, Eggleston was arrested on Quaker Hill Road in Elba. He was previously convicted of a DWI offense within the last 10 years. He was arraigned in Batavia Town Court and released under supervision of Genesee Justice. He is due in Elba Town Court on July 24. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kevin Forsyth.

Jason Lee Johnson, 36, of Highland Park, Batavia, is charged with operating a motor vehicle while impaired by drugs, criminally using drug paraphernalia, and criminal possession of a controlled substance in the seventh degree. At 12:47 a.m. on June 29, Batavia police responded to a drive-thru of a restaurant on East Main Street in Batavia where it was reported that a male was passed out at the wheel. Johnson was initially issued a traffic ticket for the DWAI-drugs charge due to his being transported to a local hospital for care. On July 3, Officer Stephen Cronmiller issued Johnson appearance tickets for the other related charges. He is due in Batavia City Court on July 17. The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Sabrena L. Randall, 43, of Maple Street, Batavia, is charged with: circumventing the required interlock device -- operating a vehicle without the device; aggravated unlicensed operation in the second degree; unsafe backing of a vehicle; operation of a motor vehicle by an unlicensed driver; and petit larceny. Randall was arrested July 11 on an arrest warrant out of City of Batavia Court. The warrant and charges are in regards to a shoplifting incident that occurred on Dec. 3 at JCPenney in the mall. She was arraigned in city court and jailed on $250 bail. She was due back in court July 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Sgt. Dan Coffey.

Wesley Thigpen, 38, of Ellicott Street, Batavia, is charged with first-degree criminal contempt. He was arrested after allegedly making numerous phone calls at 7:38 p.m. July 7 to a person on West Main Street in Batavia who has a full stay away order of protection against him. He is due in Batavia City Court on Tuesday (July 16). The case was handled by Batavia Police Officer Felicia DeGroot.

Coty Ray Read, 28, of South Hillcrest Drive, Albion, is charged with criminal trespass. At 9:22 a.m. on July 14 following the investigation of a suspicious condition complaint on Mill Pond Road in Byron, Read was arrested. He is accused of allegedly unlawfully entering and remaining in a residence without the owner's permission. He was released with an appearance ticker for Aug. 5 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

It's been a tough year for stenography in the Genesee County Court and today three cases came before Judge Charles Zambito dealing with stenography issues.

Two stemmed from a previously reported stenographer's mistake while transcribing grand jury proceedings -- that stenographer inappropriately taped the proceedings.

Another defendant appeared before Zambito today because an appeals court overturned his conviction on a burglary charge because a part of the transcription of his jury trial was not preserved for review.

In the People vs. Victor J. Grimes, Grimes was convicted at a jury trial in August 2016 and subsequently sentenced to seven years in prison.

He's served 44 months of that sentence. 

Last week, a state appeals court ordered a new trial -- even while finding evidence was sufficient for conviction -- because a stenographer's error on the final day of the trial meant relevant notes in the case were not preserved. Since the court then didn't have the final day's transcription, the court couldn't review the proceedings to ensure the trial court complied with specific procedures. 

In the trial, Grimes was represented by retained counsel. He's now represented by Lisa Kroemer of the Public Defender's Office. Kroemer asked for time to review the case and speak with District Attorney Lawrence Friedman before a new date for the trial is set. 

Judge Zambito ordered Grimes held on $25,000 bail or $50,000 bond pending his possible trial.

The other two stenographer-related cases heard today were People vs. Antwan Odom and People vs. Richard Hanes.

Odom is accused of knifing Ray Leach. Hanes is charged with murder in the beating death of Ray Morgan. 

Friedman asked the cases be placed on the docket because he wanted to get on record what the defense attorneys intend to do regarding the mistaken recording by the stenographer of grand jury proceedings in those cases.

The attorneys for Odom and Hanes took decidedly different approaches.

Odom is represented by Buffalo attorney Frank Housh. Housh with his own unique sartorial style at every court appearance, walked into court today in seersucker slacks and robin's-egg blue sports jacket. And when pressed about how he intended to proceed, raised his prior complaint that Friedman is conducting a dual prosecution, one against his client and one against him.

In May, Housh made statements to local media that Friedman considered a violation of professional standards and risked tainting the jury pool. Friedman asked for a gag order and Zambito issued a temporary gag order but lifted it last week, citing an objection on free press grounds by "the media" (in this case, The Batavian). 

Zambito did rule against Housh's motion to have Friedman removed from the case because of this alleged "dual prosecution."

Besides the request for a gag order, Housh said Friedman has also filed a grievance complaint with the state bar against Housh. 

Housh contends -- without presenting proof -- that everything Housh says or does in the case is forwarded by Friedman to the state bar.

For that reason, Housh said he has not made the trip to the District Attorney's Office to review the case file on the stenography issue because, he said, he would need to bring his attorney with him.

Housh has repeatedly threatened to withdraw from the case because of this "dual prosecution" but so far has not withdrawn.

Today he asked Zambito for a summary judgment dismissing the case against Odom because, he said, in a prior answering brief, Friedman stated the grand jury process was legally constituted when in fact Friedman, he said, new about the inappropriate recording of the proceedings.

After more discussion, Zambito agreed to meet with the attorneys in his chambers for an on-the-record but closed-door discussion about the issue.

Out of that meeting, it was agreed, as stated in court later, that Housh would file a motion and there would be a hearing Aug. 5 (instead of the trial starting on that day) on the defense motion.

In contrast to the approach of Housh, Fred Rarick, representing Hanes, was willing to stipulate in court that prior hearings on this topic -- including one in the Jennifer Serrano case -- established the facts of the incident and those same facts could be entered into the Hanes case and Zambito could issue a ruling based on the facts and evidence already presented.

On previous cases, including Serrano, Zambito ruled that stenography issue did not invalidate the grand jury proceedings.

Outside of court, Rarick said he saw no point in going through another hearing where the same facts and evidence would be presented that are already on the record knowing that Zambito is unlikely to rule any differently than he has previously.

By getting the prior hearings submitted as evidence in the Hanes case, without objection from Friedman, he has preserved any possible appeal over the issue for his client should Hanes be convicted at jury trial.

Jennifer K. Urvizu-  Hanlon

A local former businesswoman who admitted to giving a loaded firearm to a 17-year-old boy, who then shot and wounded a man who had just stabbed and killed another man on Central Avenue on May 17, 2018, told Judge Charles Zambito today that she's not a threat to the community. 

Jennifer K. Urvizu-Hanlon, 48, mentioned the letters Zambito had received supportering her, her involvement in her church, her steady employment and her lack of criminal record.

Zambito saw something else.

"I do think you are minimizing what happened," Zambito said. "You're minimizing your involvement. Samuel Blackshear would not be in prison and Nathanial Wilson would not have been shot had you not handed your loaded firearm to a 17-year-old boy. That young man is in prison now because of you. And after that happened, after a man was killed and another wounded, you went home.

"I do consider you a risk to the community but under the circumstances, I'm prepared to accept the plea offer and go along with the sentence. You're being treated entirely fairly here. I don't think it's right for you to even suggest otherwise."

Urvizu-Hanlon, the former owner of a small Mexican grocery store on West Main Street in Batavia, accepted a plea deal in May that capped her prison term to two years on an attempted criminal possession of a weapon conviction.

More than a dozen people in the gallery, friends, and family, were there, it appeared, to support Urvizu-Hanlon, which Zambito also acknowledged.

Zambito said he seriously considered rejecting the plea arrangement because she should perhaps get at least three and a half years in prison, which is the term Blackshear received.

"You got a significant break here," Zambito said. "Perhaps that is because of your minimal involvement in the incident and your clean record."

On Thursday evening in May, Nathaniel Wilson stabbed and killed Terry Toote at Central and Pringle. As the stabbing was taking place, Urvizu-Hanlon arrived in her car and Blackshear approached the car and she gave her handgun, which she was licensed to carry, to Blackshear, who immediately fired at Wilson, hitting him in the leg.

Blackshear's attorney argued at his sentencing that he was acting to protect himself and others from a killer. Zambito rejected that contention, accusing Blackshear of exercising "street justice" before denying him youthful offender status and sending him to prison.

That defense isn't available to Urvizu-Hanlon under the current statute for attempted criminal possession of a weapon but her attorney, Christian Kenndey, said the Legislature is considering a change, and that it could be said Urvizu-Hanlon was justified in giving Blackshear the gun so he could protect others from a killer.

Wilson was later sentenced to 25-years-to-life in prison for the murder of Toote.

As in the Blackshear case, Zambito said he was fully aware of the May 17 incident. He had seen all the video recordings, read the witness statements, and felt he had a complete picture of what happened that evening.

He said there was nothing spontaneous about events on Central Avenue as the incident went down. The confrontation, the expectation of violence, was all premeditated.

"You knew what was going to happen," Zambito said. "I don't think you thought Terry Toote was going to get murdered but you went there under the impression there was going to be confrontation and you were ready to take action."

Once the sentence was pronounced and the paperwork complete, a deputy stepped behind Urvizu-Hanlon -- dressed in a gray blouse covered by a black windbreaker, a long skirt, and flip-flops -- and asked her to place her hands behind her back. For a moment, the only sound in the courtroom was the metallic zip of the cuffs closing around her wrists. As she was led away, somebody at the back of the room yelled, "Love you, Jen."

    Michael J. Piasta

Before sending him to prison for 10 years, Judge Charles Zambito reminded Michael J. Piasta Jr., that in 2010 he promised Judge Robert Noonan that he was going to straighten out his life and that he would never appear in County Court again.

Piasta was out of prison barely two years before he robbed, at fake gunpoint, the Arby's, taking from $6,000 to $10,000 on March 25, 2018.

"I'm going to give you a very long time to think about what you did," Zambito said.

The 10-year sentence, followed by 10 years on parole, was on Piasta's jury-trial conviction for robbery in the second degree. On his convictions for grand larceny and criminal possession of a weapon, Zambito gave him three and a half to seven years on each count, to be served concurrently with the robbery sentence.

In 2010, Noonan heard from Piasta's attorney at the time, William Teford, about Piasta's hard life -- a father who died of an overdose, a mother with a drug problem, domestic abuse, a learning disability, and the lack of a meaningful childhood.

Piasta acknowledged his wrongdoing and told Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta said. "Regardless of what happens today, I think I can make things better."

Piasta already had a lengthy criminal record when Noonan sent him to prison in 2010.

Today, attorney Brian Degnan also reminded Zambito of Piasta's troubled past. 

"Mr. Piasta, with his upbringing, with his adult life, he's certainly been dealt a very bad hand here," Degnan said.

He acknowledged a prison term was inevitable but asked Zambito to consider Piasta's circumstances and expressed hope that Piasta could get the help he needs while in prison.

Piasta's own statement was short, asking Zambito to take into consideration Degnan's arguments on his behalf.

While Piasta was convicted by a unanimous verdict of a jury, Piasta, Degnan noted, has continued to maintain his innocence.  

Zambito agreed to hold a hearing on the issue of restitution. Degnan contends that there was contradictory testimony at the trial, with a contention that $5,000 was stolen from Arby's, and a claim of $10,000 stolen. Arby's has filed a claim for $6,000.

Press release:

The Batavia Police Department is investigating damage to the City Center, which occurred between 06/29/2019 and 07/01/2019. The suspects did not gain entry to the building but did damage the skylights in the mall concourse, after getting onto the roof.

The attached photos are individuals who may have information in regards to the investigation.

Anyone with information in reference to the case or who can identify the persons in the photos may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Pledges from Volunteers for Animals and animal lovers in the community have led to at least a $2,000 reward being offered for the arrest and conviction of the person responsible for tossing an eight-week-old kitten from the window of a red car on Route 98 near West Saile Drive on Saturday night.

The kitten had to be euthanized because of its extensive injuries. 

The Sheriff's Office announced the award this evening.

Anyone with information about the incident is asked to call the Sheriff's Office at (585) 343-5000.

Salvatore M. Tornabene, 26, of Ross Street, Batavia, (inset photo right) is charged with third-degree assault. He was arrested following a domestic incident on Ross Street at 11:30 p.m. on July 1. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. 

Salvatore M. Tornabene, 26, of Ross Street, Batavia, is charged with criminal possession of a weapon in the third degree, and second-degree menacing. At 11:05 p.m. on July 6, Batavia police responded to Ross Street for a report of subjects fighting, possibly with weapons. He was arrested after he allegedly threatened a woman with an imitation pistol. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Kyle Allan Hawley, 29, of South Lake Avenue, Bergen, is charged with: two counts of criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; and criminal use of drug paraphernalia in the second degree. At 8:10 a.m. on July 10, the GC Emergency Dispatch Center received a report of a larceny that just occurred at a business on West Main Street in the City of Batavia. The suspect vehicle was located entering the Thruway at the Exit 48 interchange. Hawley was identified as a passenger in the vehicle. Following a search of the vehicle, and after allegedly observing stolen property in plain view, Hawley was found to allegedly possession two different kinds of controlled substances and drug paraphernalia. He was arrested, arraigned in Batavia Town Court and processed, then released on appearance tickets. He is due back in town court on July 25. The investigation was assisted by members of the NYS Troopers and City of Batavia Police Department. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Mitchell Edward Bryan, 27, East Bethany -- Le Roy Road, Stafford, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; moving from unsafely; and failure to keep right. At 12:12 a.m. on July 11, the Genesee County Sheriff's Office investigated a one-car accident on Bernd Road in the Town of Le Roy. The driver and sole occupant, Bryan, was arrested on the charges listed. He was driving northbound on Bernd Road when he cross over into the southbound lane and continued off the west shoulder, striking a tree. Further investigation allegedly revealed he had a BAC of .18 percent or higher. He was released on an appearance ticket and is due in the Town of Le Roy Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy David Moore.

David M. Raines, 37, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested at 7 p.m. on July 5 after an incident on Bank Street. He was issued an appearance ticket and is due in Batavia City Court on July 16 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

Kayla Michelle Yglesias, 19, of Fisher Road, Oakfield, is charged with: falsifying business records in the first degree; falsely reporting an incident to law enforcement in the third degree; operator leaving the scene of a property damage accident; moving from lane unsafely; unlicensed operator; and failure to report a property damage accident. At 8:50 p.m. on July 7, Yglesias was arrested after an investigation of an incident that occurred at 3:45 a.m. June 22 on Fisher Road in Oakfield. She was allegedly involved in a motor-vehicle accident in the Town of Oakfield and left the scene. She then reported the vehicle she was driving as stolen to Sheriff's deputies and falsified information on a supporting deposition. On July 3, deputies recovered the vehicle submerged in a body of water in the Town of Byron. Yglesias was issued appearance tickets and is due in Oakfield Town Court on July 29. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Investigator Christopher Parker.

Adam Michael Kreutz, 30, of Franklin Street, Batavia, is charged with falsifying business records in the first degree. He was arrested at 9:50 p.m. on July 7 after an investigation of an incident that occurred at 3:45 a.m. on June 22 on Fisher Road in Oakfield. Kreutz allegedly falsified information on a supporting deposition taken by the GC Sheriff's Office to conceal another crime that was committed. He was arraigned in Oakfield Town Court and jailed without bail. He was due to return to Oakfield court on July 8. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by  Investigator Christopher Parker.

Parker E. Payton, 20, of Pavilion, was arrested by the Wyoming County Sheriff's Office following a traffic stop on York Road in the Town of Pavilion. He is charged with: driving while ability impaired by drugs; reckless driving; criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; unlawful possession of alcohol by person under 21; possession of a fictitious driver’s license; and multiple other traffic infractions. Payton was observed driving on State Route 63 in the Town of Covington several feet into the oncoming lane while traffic was flowing in the opposite direction past his vehicle. Payton drove his vehicle onto Perry Road then turned on to York Road where deputies were able to conduct a traffic stop. Payton was found to be in underage and allegedly in possession of alcohol in plain view within his vehicle. A subsequent vehicle search found Payton to be in possession of marijuana inside a grinder, concentrated cannabis, and a forged NYS driver’s license. Payton also allegedly failed field sobriety testing and was taken into custody for DWAI Drugs. Payton was taken to the Wyoming County Sheriff’s Office where a Drug Recognition Expert performed a drug influence evaluation with Payton. Payton was found to be impaired by cannabis and unable to operate a vehicle safely. Payton was released to a sober third party and scheduled to answer the charges in the Town of Covington Court on July 29.

Batavia Police Chief Shawn Heubusch presented City Council with a proposed resolution Monday night for a Memorandum of Understanding among Genesee County law enforcement agencies and the Monroe Crime Analysis Center in Rochester to share information. It received strong support.

Heubusch explained to Council members that over the past few months local law enforcement has coordinated with the NYS Division of Criminal Justice Services and MCAC to develop the agreement.

He said becoming a member of MCAC is the best approach to access information databases and facilitate crime response and investigation.

“What this memorandum does is it allows us to share information with Monroe Crime Analysis Center and also reap the benefits of them sharing information with us,” Heubusch said.

This new crime analysis system also comes at no cost to city taxpayers.

“Being a member of the crime analysis center in Rochester costs the city zero," Heubusch said. "It’s really about gaining that information and being able to analyze that information in a way that we can’t now."

The chief said that most of the criminal element in Batavia is connected to individuals from the City of Rochester and the Monroe County region. The MCAC memorandum will allow local police to share records with Monroe County law enforcement in real time.

The memorandum includes resources like crime monitoring and background checking information to alert law enforcement of identifying factors when pursuing suspects.

City Council members reacted favorably to the proposed resolution.

“It seems like, according to this, between the state police, the [Genesee County] Sheriff, Monroe County Sheriff and District Attorney, our District Attorney, DCJS — they’re all signed on to this," Council President Eugene Jankowski said. "It’s good to be sharing information.”

Other agencies participating in the memorandum are the Le Roy and City of Rochester police departments and the Genesee County and Monroe County probation departments.

City Manager Martin Moore wants to reduce crime and restore a sense of safety in Batavia. In June, the first Batavia Crime Task Force meeting was held so law enforcement and city leaders could talk about ways to combat crime.

“I want to thank the police department working together with the other police departments," Moore said. "This is one of the things that was brought up in our initial Crime Task Force meeting, and it’s one of the first actions that our police is working on."

The MCAC memorandum is expected to aid in identifying sources of crime, mapping incidents and arrests and following crime trends. MCAC is one of the task force’s first strides toward securing resources to prevent and deal with crime.

The proposed resolution for the memorandum will be forwarded for consideration by Council. The next City Council Conference and Business meeting at 7 p.m. Aug. 12 at the City Hall Board Room, 2nd Floor, City Centre.

Saturday night this kitten was thrown from a red car on Route 98 near West Saile Drive.

According to the Sheriff's Office, the kitten suffered severe injuries. 

No further description of the vehicle is available but the incident was witnessed at 8:45 p.m., Saturday.

People with information that can assist the investigation are asked to call the Sheriff's Office at (585) 343-5000.

UPDATE: According to Volunteers for Animals, "Due to the severity of the injuries, the kitten was euthanized per the veterinarian's recommendations."

     William Schultz

A 45-year-old Batavia resident has been arrested and accused of selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

William G. Schultz Sr., 45, of East Main 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. 

Schultz was arrested on a sealed indictment warrant after appearing at the Batavia PD headquarters on an unrelated matter. 

Following his arraignment today in Genesee County Court, he was jailed without bail.

His arrest is the culmination of a six-month investigation by the task force, assisted by Batavia PD, the Sheriff's Office, and the District Attorney's Office.

Brian Keith Dyer, 52, of North Street, Batavia, (inset photo, right) is charged with second-degree assault and criminal possession of a weapon in the third degree. Dyer was arrested on July 5 after he allegedly hit another person over the head with a blunt object, causing an injury, during an altercation at 6:07 p.m. on North Street. He was arraigned in Batavia City Court and jailed without bail. He was due back in court today (July 8). The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

O.V. Murphy, 60, of Highland Park, Batavia, is charged with second-degree harassment. Murphy was arrested after allegedly striking another person on the front porch of his residence at 14 Highland Parkway at 5:51 p.m. on July 3. The defendant was issued an appearance ticket for July 16 in Batavia City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

Linda A. Snyder, 36, of Highland Park, Batavia, is charged with second-degree harassment. Snyder was arrested after a physical altercation at 14 Highland Parkway. She allegedly struck another person while on the front porch at 5:51 p.m. on July 3. The defendant was issued an appearance ticket for July 16 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Damien Cole Clark, 18, of Lemoyne Avenue, Syracuse, is charged with second-degree harassment. On July 6, Clark was arrested at Six Flags Darien Lake Theme Park after he allegedly slapped an employee in the head. He was issued an appearance ticket for Darien Town Court and is due there on July 23. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

William T. Hughes, 62, no permanent address, Batavia, is charged with second-degree criminal contempt. Hughes was arrested at 4 p.m. on July 5 on Spruce Street, Batavia, after being allegedly found in violation of an order of protection. He was located in the residence of the protected party. Hughes was arraigned in Town of Batavia Court and jailed without bail. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Camp.

Wesley Thigpen, 38, of Ellicott Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 4:30 p.m. on July 7 on Vine Street in Batavia after he allegedly had unwanted contact with an individual in violation of an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash or bond. He was due back in court this afternoon (July 8). The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

Samuel N. Sciascia, 47, of Dewey Avenue, Rochester, is charged with four counts of criminal possession of a controlled substance in the seventh degree, one count of criminal possession of burglar tools, and one count of criminal possession of a hypodermic instrument. He was arrested following a complaint of suspicious activity at the Tops Friendly Market parking lot on West Main Street in Le Roy. Upon arrival by a Le Roy patrol, Sciascia was allegedly found in possession of multiple different types of controlled substances along with a crack pipe and hypodermic needles and a vehicle access tool used to enter locked vehicles. He was arraigned and put in Genesee County Jail in lieu of unspecified bail.

Scott D. Higgins, 38, of Ganson Avenue, Batavia is charged with: driving while intoxicated -- with a previous conviction; operting a vehicle without an ignition interlock device; DWI with a BAC of .08 or more; leaving the scene of a property damage accident; and aggravated inlicensed operation of a motor vehicle in the first degree. At 2:36 a.m. on July 6, Batavia Police responded to the area of 5 Maple St. for a truck into a utility pole that left the scene. Subsequent investigation located the vehicle and operator on Ganson Avenue and Higgins was arrested. He was arraigned in Batavia City Court and jailed without bail. He was due back in court this afternoon (July 8). The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Jonathan Henry Cordeiro, 32, of McIntyre Road, Le Roy, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- first offense; expired inspection; aggravated unlicensed operation in the third degree. Cordeiro was arrested at 1:33 a.m. after a traffic stop on West Main Street in Batavia. He was issued several tickets and is due in Batavia City Court on July 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Ross Miller, 59, of Rochester Street, Bergen, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, failure to keep right, failure to use designated lane, and illegal signal -- less than 100 feet from turn. Le Roy Police arrested Miller on July 3 after being observed allegedly operating his vehicle erratically and failing to maintain his lane of travel. A subsequent investigation allegedly found Miller to be intoxicated and he was ticketed and released.

Gregory James Savino, 36, of Oak Lane, Lockport, is charged with: aggravated driving while intoxicated; DWI; moving from lane unsafely; failure to keep right; and driving left of pavement markings. At 8:58 p.m. on July 4, Savino was arrested on Alleghany Road, Alabama. He allegedly crossed the center line into oncoming traffic while traveling southbound on Route 77 in the Town of Alabama. Further investigation allegedly determined he was driving with a BAC of .18 percent or more. He was released on an appearance ticket and is due in Town of Alabama Court on July 24. The case was handled by Genesee County Sheriff's Deputy David Moore.

Christine M. Wagner, 38, of Jackson Street, Batavia, is charged with having an unlicensed dog and having an unvaccinated dog. Wagner was arrested at 6:11 p.m. on July 1 following an investigation into a dog bite complaint on Jackson Street. She was issued an appearance ticket and is due in Batavia City Court on July 17. The case was handled by Batavia Police Officer Stephen Cronmiller.

Jodee M. Henderson, 34, of Broadway Road, Darien, was arrested and arraigned in Batavia City Court at 1:45 p.m. July 5 on an outstanding bench warrant. She was released on her own recognizance and is due back in court on July 17. The case was handled by Batavia Police Officer Kevin DeFelice.

Carlton Lynn Beardsley, 24, of West Main Street Road, Batavia, is charged with third-degree burglary and petit larceny. On June 27, Beardsley was arrested following an investigation into an incident that occurred on June 14 at the Walmart in Batavia. He allegedly stole and inhaled an aerosol compressed air can used for cleaning electronics from Walmart, after already being banned from the store due to a previous incident. Following his arraignment in Batavia Town Court, he was jailed in lieu of $1,000 cash or $2,000 bond. He is due to return to Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Sgt. Michael Lute.

John E. Daley, 63, of Bank Street, Batavia, is charged with two counts of second-degree harassment -- physical contact. Daley was arrested after an altercation at 1:48 p.m. on June 29 on Bank Street. He was released on an appearance ticket and is due in Batavia City Court on July 9. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Stacey C. McCaffery, 36, of North Street Road, Le Roy, is charged with driving while ability impaired by alcohol and aggravated DWI. At 6:43 p.m. on June 30 McCaffery was arrested on the charges after allegedly operating her vehicle at a high rate of speed while being unable to maintain her lane on Route 5. She is due in Batavia City Court on July 10. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

Colleen M. Hutchinson, 44, of Bank Street, Batavia, is charged with criminally using drug paraphernalia and possession of a hypodermic instrument. On July 2 and 6:19 a.m., Batavia PD was dispatched to the area of Hutchins Street for a female who was reportedly "shooting up." Patrols located Hutchinson and she allegedly possessed a hypodermic instrument and two glass "crack" pipes. She was issued an appearance ticket and is due in Batavia City Court on July 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Cronmiller.

James J. Preedom, 34, of Ellicott Street, Batavia, is charged with having a controlled substance not in its original container and criminal possession of a controlled substance in the seventh degree. Preedom was arrested after an investigation into a disturbance complaint at 11:22 p.m. on July 1 on State Street in Batavia. He was issued an appearance ticket for July 23 in Batavia City Court then released. The case was handled by Batavia Police Officer Stephen Cronmiller.

From the Le Roy Police Department:

The Le Roy Police Department arrested a 47-year-old parolee who is thought to be responsible for the rash of larcenies from vehicles over the past few months.

Andrew L. Kosiorek, of 61 Myrtle St., Le Roy, (inset photo left) was arrested Wednesday, July 3, at about 11 p.m. after he was seen by an alert citizen allegedly prowling the North Street area of the village, attempting to enter numerous vehicles and actually entering at least two vehicles stealing items from within.

The alert citizen called 9-1-1 and directed the responding patrols to an area of South Street where Kosiorek had walked. Kosiorek was detained and then arrested by the patrols and allegedly found in possession of property recently stolen from vehicles on Church Street and North Street. Kosiorek was also allegedly found to be in possession of a crack cocaine pipe.

Based on other information gathered throughout this investigation, the Le Roy Police Department believes that Kosiorek is the person responsible for the rash of larcenies which has been steadily increasing since May 4.

Kosiorek was charged with two counts of misdemeanor criminal possession of stolen property, three counts of misdemeanor attempted petit larceny and one count of misdemeanor criminal possession of controlled substance for the crack pipe.

Kosiorek was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $3,500 cash bail.

The Le Roy Police Department wishes to thank the Genesee County Sheriff's Office, the New York State Police and the citizens of Le Roy who constantly partner with the Le Roy Police Department to help add extra eyes and ears to help protect our community.

Defense attorney Frank Housh’s motion for the disqualification of District Attorney Lawrence Friedman from the Antwan Odom assault case was denied, but the attorneys’ gag order was lifted today during oral arguments.

Housh is the defense attorney for Antwan Odom, the Batavia High School athlete charged with cutting Ray Leach with a knife during an alleged argument Aug. 4. Odom is accused of committing assault in the first degree, which carries a prison term of five to 25 years.

In May, Odom turned down Friedman’s offer to for him plead guilty to second-degree assault. The plea would be unconditional and expose Odom to a potential maximum sentence of seven years.

Housh did not feel there was enough of a guarantee from the court that Odom could be tried as a youthful offender and avoid a lengthy prison term, so his client declined the plea offer.

Friedman also filed an order to show cause (a little memorandum asking the judge to take action) in May requesting a gag order on both attorneys after Housh made statements to local reporters that Friedman considered a violation of professional conduct standards.

Friedman also filed an ethical grievance complaint with the state bar.

In response, Housh filed a motion to disqualify Friedman and assign a different prosecutor from an adjacent county to Odom's case. Housh said this motion was to protect his client from prejudice due to conflict of interest since, as he said he sees it, Friedman is prosecuting both him and his client.

Housh said that when Odom chose to not accept Friedman’s plea deal, both he and his client were attacked. He fears that Friedman’s assignment to this case may lower the public’s confidence in the justice system.

Housh said the grievance caused him to retain counsel and assume that every action he took for Odom would be used as evidence against him. Housh said he now represents his client in an unusual manner, such as consulting his personal attorney before consulting with his own client.

Housh insisted he wants to represent Odom but fears he will have to withdraw from the case due to personal, professional and financial costs. He said that his client’s Sixth Amendment right to counsel cannot be upheld if he is protecting himself from legal action. Odom's family and friends nodded their heads in agreement as Housh spoke.

Friedman explicitly opposed the motion. He said there is no merit to Housh’s argument and described it as “nothing short of ludicrous.” He maintained that Housh violated the rules of professional conduct, so it is not logical for the court to remove Friedman as the prosecutor when he was trying to uphold fair trial rights. 

Judge Charles Zambito rendered the decision that the district attorney did not demonstrate prejudice nor a conflict of interest and did not act in bad faith when he filed the grievance against Housh. So, the motion for disqualification of Friedman was denied.

In lifting the gag order, Zambito said that neither attorney opposed the gag order but that the local media did contact him to oppose the gag order based on First Amendment/free press grounds.

The Batavian filed a memo with the court objecting to the gag order, using material provided by the Reporters Committee on Freedom of the Press. 

Zambito lifted the gag order on the attorneys today.

Judge Zambito reminded the attorneys of the rules of professional conduct regarding extrajudicial statements to the media.

Friedman asked for a deadline for Housh to notify the court of his decision to continue to represent Odom. Zambito did not set a deadline because he trusts Housh will alert the court of any changes as soon as possible.

“With me or somebody else, my client is going to try his case," Housh said outside of court. "We believe strongly that the jury is going to see that this is a clear case of justification. My client was not the first aggressor.

“I think the judge is confident the lawyers understood their obligations. I don’t think I did anything wrong by explaining to the press what my motion was. The judge just wants the case to proceed to trial, and that’s what we’re going to do,” Housh added. 

Odom’s trial is slated to begin Aug. 5 in Genesee County Court.

Jennifer L. Serrano, 48, of Irving, was convicted this afternoon of vehicular manslaughter, leaving the scene of an accident without reporting, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle at the conclusion of her six-day trial.

After less than three hours of deliberation in Genesee County Court, jurors rendered a unanimous guilty verdict on all four counts.

Serrano stood trial for killing 18-year-old Connor Lynskey with her Jeep Wrangler last August as both individuals traveled along Sumner Road in Darien after a concert at Darien Lake Performing Arts Center.

The decision came shortly after the jury requested to review Deputy Robert Henning’s body camera footage, which captured Serrano participating in field sobriety tests and refusing an Alco-sensor test. This video appeared to be a deciding factor that helped refresh jurors' recollections of early evidence in the case and expedite their verdict.

Defense attorney Frank LoTempio spoke about his client’s disappointment upon receiving the verdict.

“We didn’t receive one decision in our favor," LoTempio said. "The cards were kind of stacked up against us. But, the jury rendered their verdict, and we live with that."

LoTempio said that the trial’s proximity to the July 4th holiday may have contributed to the quick verdict, and defense counsel may potentially appeal the case.

After his court victory, District Attorney Lawrence Friedman expressed his satisfaction with both the verdict and the case he presented to jurors. He commended the Lynskey family for seeking justice for Connor’s death.

“They’re strong people,” Friedman said of the Lynskeys. “They were here for every single court appearance no matter how minor it was. They made a six-hour round trip for every court appearance.”

“Even when the testimony or the evidence was certainly unpleasant for them, they were here," Friedman said. "I’m sure it was a very difficult thing, but it was obviously something that they needed to do. They got through it, and I’m sure that they’re glad that they were here."

Serrano faces a prison term of four and two-thirds to 14 years upon sentencing. Judge Charles Zambito adjourned the court awaiting Serrano’s sentencing at 9:30 a.m. Aug. 19 in Genesee County Court.

Top photo: The mother of Connor Lynskey, Donna, leaving court after the verdict, with Lawrence Friedman. Bottom photo, his father, Michael Lynskey. Photos by Lauren Leone.

George T. Sarkis, 58, of Chili Avenue, Rochester, is charged with endangering the welfare of a child and second-degree harassment. He was arrested on June 26. It is alleged that at 6:16 p.m. on June 20 at Batavia Middle School on Ross Street that Sarkis grabbed a juvenile by the neck and pushed him and threatened physical harm to another juvenile. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on July 2. The case was handled by Batavia Police Officer Christopher Lindsay.

Victoria Anne Smith, 43, of Main Road, Stafford, is charged with petit larceny. Following a larceny investigation, Smith was arrested on June 23 for allegedly stealing money from the mother's purse at 8 p.m. June 20 while on Main Road in Stafford. Following her arrest, she was released on an appearance ticket and she is due in Stafford Town Court at 9 a.m. on July 15 to answer the charge. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Clint Jeffery Towne, 38, of Alleghany Road, Alabama, is charged with: third-degree reckless assault; fourth-degree criminal mischief; and second-degree harassment. He was arrested on Phelps Road in Pembroke following a domestic incident at 7:46 p.m. on June 28. Towne allegedly broke a glass door, causing the glass to shatter and injure the victim. He also allegedly choked the victim. He was arraigned in Pembroke Town Court and released under supervision of Genesee Justice. He is to return to the court on July 9. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Johnathan Nathaniel Taylor, 34, of Edgewood Drive, Medina, is charged with six counts of endangering the welfare of a child and one count of second-degree harassment. At 7:47 p.m. on June 26, Taylor was arrested on Pratt Road in Batavia after allegedly striking an adult female in the face, causing her to fall to the ground, while in the presence of six children under age 17. He was arraigned in Town of Batavia Court and released on his own recognizance. He is due in the court again on July 22. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Mathew Clor.

Brandi Lynn Reuben, 23, of Sand Hill Road, Tonawanda Indian Reservation, is charged with second-degree harassment. Reuben was arrested following a domestic incident at 5:45 p.m. June 26 on Ledge Road in the reservation. She allegedly punched a person in the face multiple time. She was issued an appearance ticket and is due in Alabama Town Court on July 10. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Bobby L. Mobley Jr., 34, no permanent address, Batavia, is charged with: disorderly conduct -- violent behavior; disorderly conduct -- obscene language; and disorderly conduct -- obstructing pedestrian traffic. Mobley was arrested following a domestic incident at 12:45 p.m. on June 19 on Maple Street in Batavia. He allegedly repeatedly used obscene language, blocked the freedom of movement of a pedestrian on the sidewalk and continued his threatening behavior after being repeatedly warned to stop his actions by police. He was due in Batavia City Court June 25 to answer the charges. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Felicia DeGroot.

Maria I. Santiago, 34, of North Spruce Street, Batavia, is charged with second-degree harassment. She was arrested after a physical altercation with another woman at 3:49 p.m. June 18 in a parking lot on North Spruce Street. She is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk.

Kathryn A. Phillips, 41, of North Street, Batavia, is charged with two Batavia Municipal Code violations -- having a dog running at large and having an unlicensed dog. It is alleged that at 5:15 p.m. on May 6 on North Street that Phillips' unlicensed, unleashed dog left her property and attacked another dog. She was issued at appearance ticket for June 18 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Josephine G. Erhardt, 80, of North Spruce Street, Batavia, is charged with a Batavia Municipal Code violation -- having a dog running at large. She was arrested at 4:30 p.m. on June 17 after an incident in which her dog allegedly ran loose after a person and around the grounds of an apartment complex. She was issued at appearance ticket for June 25 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Michael J. Mead Sr., 32, of State Route 19A, Portageville, is charged with falsely reporting an incident. Following an investigation, Mead was arrested for allegedly calling Child Protective Services and filing two false reports at 9 a.m. on June 12. He was arrested at the Genesee County Jail and released on an appearance ticket. He is due in Batavia Town Court on July 15. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Christopher Ridgeway

Christine M. Jones, 32, of Hutchins Place, Batavia, is charged with a Batavia Municipal Code violation -- having a dog running at large. At 4 p.m. on June 19 on Hutchins Place, Jones's dog allegedly ran into the street and at the complainant. Jones was arrested and issued an appearance ticket. She is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Steven M. Lindner, 46, of West Main Street, Batavia, is charged with: unlawful possession of marijuana; criminal use of drug paraphernalia in the second degree; criminal possession of a hypodermic instrument; and criminal possession of a controlled substance in the 7th degree. Lindner was arrested following an investigation into a noise complaint at 10:25 p.m. June 18 on West Main Street, Batavia. He was issued an appearance ticket for July 9 in Batavia City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Peter Post.

    Shonje Jefferson

Christopher A. Ridgeway Jr., 27, of Bridgewood Road, Midlothian, Va., is charged with: criminal possession of a controlled substance in the 7th degree; criminal possession of a narcotic with intent to sell; unlawful possession of marijuana; aggravated unlicensed operation in the second degree; and having an obstructed view. Ridgeway was arrested after a traffic stop at 3:41 p.m. on June 27 on Hyde Park in Batavia. He was the driver. He was arraigned in Batavia City Court and jailed without bail. He is due back in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Shonje K. Jefferson, 20, of Empire Boulevard, Rochester, is charged with criminal possession of a narcotic drug with intent to sell, and unlawful possession of marijuana. Jefferson was arrested at 3:41 p.m. on June 27 after a quantity of drugs was allegedly located in a vehicle involved in a traffic stop where Jefferson was a passenger. He was jailed without bail and was due in Batavia City Court on June 27. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

     Joseph Ruiz

Joseph Lee Ruiz, 35, of North Clinton Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminal possession of a controlled substance in the second degree. He was arrested during an investigation at a residence on Bank Street in Batavia at 10:48 p.m. on June 21. He was arraigned in Batavia City Court and jailed without bail. He was due back in city court June 24. The case was handled by Batavia Police Officer Christopher Lindsay.

Jose Fuentes, 39, of Bank Street, Batavia, is charged with second-degree harassment. On June 7, Fuentes was arrested following an investigation into a complaint alleging that at 10:01 that night he rammed his wheelchair into another resident on Bank Street in Batavia. He was issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Arick Perkins.

Ricardo Sampel, Sr., 50, of Dellinger Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested for allegedly having contact with a protected party at 1 p.m. on June 25 at UMMC. He was jailed without bail and was due in Genesee County Court on June 26. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Peter Post.

Laura J. Reed, 27, of East Main Street, Batavia, is charged with violating an order of protection. She was arrested following an investigation into a disturbance at 11:55 p.m. on June 21 on Bank Street, Batavia. It was determined that Reed was in violation of a court order barring her from the residence. She was arraigned in Batavia City Court and released under supervision. She was due to return to court June 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Thomas M. Rossiter, 34, of South Swan Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- a BAC of .18 percent or more; aggravated unlicensed operator in the third degree; and failure to keep right. He was arrested at 3:20 p.m. June 15 on Otis Street in Batavia after he was involved in a motor vehicle accident. He was issued several appearance tickets and is due in Batavia City Court on July 10. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Kay E. Dilcher, 28, of Sunset Drive, Holley, is charged with two counts of false personation. It is alleged that at 10 a.m. on June 25 on Lewiston Road in Batavia that Dilcher claimed to be another person while she was in town for methadone treatment. She was identified not to be the person she claimed to be and she had several warrants for her arrest in two other counties. She was released on appearance tickets and was transferred to Orleans County Sheriff's Office to answer charges there. The case has handled by Batavia Police Officer Jason Davis,, assisted by Officer Miah Stevens. At 9:14 a.m. on June 27 Dilcher was arrested and charged with false personation after being detained by Batavia PD for an unrelated incident and providing a false name to officers. She is due in Batavia City Court on July 9 for both cases. The second case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Michelle L. Misiak, 53, of South Main Street, Batavia, was arrested after an investigation. It is alleged that she contacted the Genesee County Emergency Dispatch Center at 9:07 a.m. on June 20 and reported a disturbance involving weapons on South Main Street resulting in a police response to the address. It was subsequently determined that Misiak's report was unfounded. He was issued a computer-generated appearance ticket and released. She was due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Kevin DeFelice.

Jessica M. Horton, 28, of Telephone Road, Pavilion, is charged with theft of services. She was arraigned in Batavia City Court on June 7 on an arrest warrant and put in jail on $500 bail. It is alleged that on May 17 on Oak Street in Batavia that Horton failed to pay for a local hotel room that she stayed in. The case was handled by Batavia Police Sgt. Dan Coffey.

Malik I. Ayala, 27, Holland Avenue, Batavia, is charged with petit larceny. He was arrested at 8:52 p.m. on June 7 for allegedly stealing property from a store on East Main Street in Batavia. He was issued an appearance ticket and was due in Batavia City Court June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jesse D. Bowman, 26, of Vine Street, Batavia, is charged with petit larceny. It is alleged at at 9:20 p.m. on June 20 on East Main Street in Batavia that Bowman stole items from a local business. He was processed, issued an appearance ticket and was due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with failure to appear. He was due in court after being issued an appearance ticket for trespass at 11:09 a.m. on June 25 on Walden Creek Drive. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court again on July 9. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Jason Ivison.

A 16-year-old resident of Pearl Street, Batavia, is charged with failure to appear in court May 14 after being issued an appearance ticket. The youth was arrested on June 8 on a warrant out of Batavia City Court. He was released on his own recognizance and was due back in city court June 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. At 3:55 p.m. on June 24, Sponaugle allegedly brought a bag of marijuana into the Genesee County Probation Office. He was released on an appearance ticket in is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Christopher Lindsay.

From the Le Roy Police Department:

The Le Roy Police Department has been receiving continuing complaints relating to thefts from unlocked vehicles in different locations throughout the Village of Le Roy. These thefts have now apparently evolved into actual thefts of the vehicle when the keys are left in the vehicle.

Multiple thefts from unlocked vehicles have been reported over the past couple of weeks in different locations throughout the village and two vehicles have actually been stolen but later recovered, both located in the Myrtle Street area.

The most recent thefts were reported on June 29 from the Hilltop Drive and Madison Avenue area, further a girl's bike was located on Wilson Street, which may or may not be involved. If you are missing such a bike please contact the Le Roy Police Department at 345-6350.

The LeRoy Police are reminding all citizens to please lock your vehicles when not in use, especially overnight and further if you do see something or someone suspicious please call 9-1-1 right away.

The sole witness to testify Friday morning in Genesee County Court in the fatal hit-and-run case of Jennifer L. Serrano was Thomas C. Onions, an accident reconstruction expert hired by the defense.

Connor Lynskey, 18, was walking to the Darien Lakes State Campground following the Jason Aldean concert last summer; Serrano, who also attended the concert, was en route to a friend's house at the time of the accident on Sumner Road.

The witness said he: reviewed all of the materials -- reports, cell phone records, videos and photos -- gathered by investigators; visited the Darien site where Lynskey's body was found late in the morning Aug. 11; and took measurements to gauge the accuracy of those contained in Sgt. Jason Saile's investigation report.

In addition, Onions said in order to completely understand the case, he studied: the case file of Serrano's co-counsel Jack M. Sanchez; the Monroe County Medical Examiner's abstract; the deposition of Deputy Robert C. Henning (who arrested Serrano on a drunk-driving charge after she nearly struck his patrol car on Route 77 in the early morning Aug. 11); and the Darien Town Court's subsequent notice of temporary suspension of Serrano's NYS driver's license; search warrants; the Genesee County Grand Jury indictment; deposition of witness and passenger Candace Gilden; and vehicle specs for the defendant's Jeep Wrangler.

Attorney Frank LoTempio asked what he had determined about the accident and Onions said that Sumner Road at the time was unlit and dark, and had virtually no shoulders -- they measured from 1.2 inches to 5 inches in width, and were comprised of mixed gravel. Some grass is found beyond that, and cornfields. The two paved lanes total 22 feet across -- one lane is 10.8 feet, the other 11.2 feet wide.

Onions said Serrano was driving eastbound and that Lynskey was walking westbound in the eastbound lane, which would be in accordance with NYS traffic law that requires pedestrians to walk on the left side of the road, when there are no sidewalks, facing oncoming traffic.

This contradicts an allegation made on Thursday by LoTempio that Lynskey was possibly in violation of NYS Vehicle and Traffic Law 1156b, since the landing spot of Lynskey’s body indicated he may have walked or jogged in the same direction as Serrano’s Jeep.

The point of impact is unclear.

Sgt. Saile's report, while noting an 87-foot debris field along the road, shoulder and adajcent land, found no evidence of tire marks in gravel to indicate the actual point of impact; nor were sneaker scuff marks found to indicate the direction of impact.

"They documented everything," Onions said of the Crash Management Team." (Saile) knew enough to look for sneaker scuffs that could indicate the point of impact. He didn't find any. ... There is no evidence to indicate the vehicle ever left the road."

Because of this, Onions said it is his contention that the impact occurred on the roadway -- that Lynskey was walking in the roadway.

On a display of the area shown to the jury on a large monitor, Onions pointed to a streak of flattened terrain marking where Lynskey's body slid south in a parallel line from the roadway after being struck, and bits of debris were strewn eastward.

The "total station measurements" taken by Sgt. Saile were pronounced accurate by Onions.

Serrano, who stood politely without prompting each time the jury entered and exited the courtroom, put on her distance eyeglasses to better see Onion's presentation, although she could not see the monitor herself.

Next a photograph purported to be a footprint or disturbed gravel was put on view.

Onions testified that it "could be typical of anything you could see in a mile stretch of gravel" along Sumner Road. He further maintained that if it were indeed a footprint, it had nothing to do with the accident. If it did there would be a tire track over it, he said, and there wasn't.

"If that's debris by it, the accident would have had to occur elsewhere. If it's a footprint, it could be anybody's," Onions said.

Next they considered the formula for how far the "throw" is for a human body depending on the speed a vehicle is traveling, which, when calculable, is made using the "Searle formula." It is determined by the degree of friction on a pedestrian and the total "flight distance" traveled/slid/thrown to the final resting place, in this case, a ditch.

Onions said he projected the distance that Lynskey's body traveled to be 60 feet from the roadway and he calculated that there is no scientific evidence to support that Serrano was traveling greater than 37.5 mph.

When Lynskey was struck on his right side, his body rotated after hitting the right side front fender, which caused the cover over the tire to become dislodged. His head is believed to have struck and cracked the windshield, damaging its supporting side post. Then he slammed against the right front side mirror, smashing it against the vehicle, before the trajectory away from the vehicle.

And yet Onions testified it was "iffy" and "on the line" as to whether or not this was a "full impact" crash.

In order to react to avoid a collision, the driver or pedestrian needs to be able to see -- something in the roadway, the oncoming traffic. In darkness, clothing that is light and/or reflective helps. If the road is unlit and the pedestrian is wearing dark clothes, as Lynskey was, he becomes invisible.

"You disappear," Onions told the jury.

He said the average person can see a pedestrian walking at a distance of 80 feet away. Traveling the speed limit on Sumner Road of 55 mph, that's roughly 80 feet per second. If Serrano was traveling at 37.5 mph and no more as Onions contends, that's still 55 feet per second -- or less than 2 seconds to react, on average.

"If you look at your speedometer for 1 second it may make all the difference in the world," Onions said.

Intoxication is another consideration.

Lynskey's BAC was determined by a Monroe County coroner to be .16, twice the legal limit. Serrano's BAC at the time is undocumented.

Deputy Henning reported that Serrano failed multiple parts of a field sobriety test after he stopped her vehicle on Route 77. The officer attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

"It's very possible," Onions testified Friday, "that intoxication had nothing to do with it."

On this road with this shoulder, could (a pedestrian) tripping be a factor?" LoTempio asked his witness, who replied "yes."

Serrano, wearing dark pants, a black knit top and vivid blue sweater with a ruffled front, seemed to pay close attention to the proceedings as did all of the jurors, a panel of five men, seven women, and four alternates, who all appear to be caucasian but range widely in age.

Friedman then cross-examined Onions, eliciting from him that his payday for his efforts on behalf of the defense so far stands at about $8,000.

"Is it fair to say that if your conclusions didn't help the defendant you would have earned less?" Friedman asked.

"That's a true statement," Onions said.

In deconstructing the expert's curriculum vitae, Friedman pointed out that several of the state and national organizations that Onions claims he belongs to either do not list Onions as being a member, or his membership or certification expired years ago, or the organization is no longer viable, and in one case it was found to have granted membership for a fee to a person's cat.

The DA also noted that some crash test dummy testing that Onions boasts of performing was conducted in 1999 and involved an adult dummy in a wheelchair with a dummy child, and now-outmoded test equipment, vehicle materials and safety features.

From there, the district attorney tackled night visibility, asking whether pale, caucasian legs in shorts could increase visibility of the wearer. The response was no, but Friedman clarified it, saying visibility "assumes the driver is paying attention."

"Yes," Onions allowed.

But "you don't know if (Serrano) was paying attention," Friedman said, asking if the witness had ever spoken to his boss, the person he's working for, and Onions admitted he never has.

The fact cited earlier in the morning about the average driver being able to see a pedestrian 80 feet away, based on visibility studies by Dr. Paul Olson, was also not allowed to go unchallenged.

The DA said the study is dated -- from the early '80s -- and subsequent findings indicate that 50 percent of drivers can see a pedestrian at night 150 feet away. More recent studies put a visibility figure of 175 feet for pedestrians in dark clothes, 700 feet for those with light-reflective clothing on.

Modern halogen headlamps provide 151 to 178 feet of visibility, and on an unlit darkened road, Serrano should have been driving with high beams on (if there's no oncoming traffic). When asked, Onions said he did not know if Serrano had her high beams on that night.

Friedman also took Onions to task on his "body throw" measurement using the Searle formula, which cannot be used to calculate speed when there is an "iffy" partial or "noncomforming impact" in terms of body vs. vehicle.

"There is NO EVIDENCE to support ANY speed," Friedman said, and in fact, Serrano could have been going faster than the 37.5 mph Onions said is the limit supported by science.

From there, the DA quizzed the expert on his scientific basis for doubling the body throw trajectory -- from 30 to 60 feet.

Friedman said there's a cornucopia of factors from visibility and distance and rain and geography to type of headlamp and snowfall, in other words "there is no one size fits all," despite what Onions would like the jury to believe.

Moving along, the DA questioned why there is no mention of any alcohol consumption by Serrano in Onions' report.

Onions said it was not an issue.

With clear incredulousness in his voice, Friedman said her intoxication and driver's reaction were already testified to in this case.

Passenger Gilden's statements about their consumption of alcohol was also left out of Onions' report, the DA noticed.

Onions took pains to note that there was nothing to indicate swerving, loss of control or speeding, no tire marks, disturbed gravel or skids marks.

"No one said she swerved," Friedman said, as if puzzled by the point of those assertions.

In fact, there was no vehicle testing done on the roadway and therefore no scientific evidence to say Serrano didn't drive the entire length of Sumner Road along the shoulder.

"There is no evidence that she was in or out of her lane," Friedman said, and Onions conceded the point.

Serrano is charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle.

The case resumes at 9 a.m. on Monday, July 1.