crime

There was a report of at least 10 people fighting in Le Roy at Craigie and Myrtle streets. Police responded and said parties were separated and he called for medics to respond to evaluate minor injuries.

Richard D. Hanes (inset photo, right), head shaved, constrained by shackles and wearing orange jail clothes, swiftly entered the courtroom when the side door swung wide open, and was told by a deputy to take a seat next to his attorney, Frederick Rarick.

The 36-year-old former Orleans County resident is accused of beating Morgan to death in his apartment at 111 Liberty St., Batavia, on July 24. He is charged with murder in the second degree, a Class A-1 felony, and has pled not guilty.

Under the plea offer, Hanes faced a minimum of 15 to 20 years in state prison.

Rarick told Judge Charles Zambito that he discussed the plea offer with his client and Hanes rejected it.

Zambito said today was the plea cut-off date and after today the offer would no longer be available and he asked Rarick if his client understood that. Rarick said he did.

Zambito also cited the "severe brutality" exhibited in this case and then set a trial date of Monday, July 22, with jury selection to begin the week before.

With the trial date set and the case dismissed, Morgan's loved ones abruptly stood and left the courtroom, causing a commotion as they did so. A couple of young women shouted out homophobic slurs and one said "Scumbag! Hope you get 25 years to life!"

A deputy quickly followed the group outside, telling them not to shout out.

One woman sobbed uncontrollably outside the courtroom as others tried to comfort her.

Investigators in the case have said the attack on Morgan was "exceptionally violent" and it happened "in an extremely short period of time." The motive, if there was one, was not clear, but detectives say they believe the attack was planned.

Hanes has been in custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

In 2003, he was convicted in Orleans County of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

In November, a Batavia police spokesman said Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of Morgan's murder. (For previous story, click here.)

District Attorney Lawrence Friedman previously told The Batavian that there were witnesses in the area at the time of the murder who identified Hanes as the attacker. He said the people's case also includes scientific evidence, items of physical evidence, and surveillance video from various locations that follow Hane's path after the crime.

Morgan was a 47-year-old Batavia native with a large, tight-knit family that includes five grandchildren and many friends.

Multiple law enforcement units are in pursuit of multiple motorcycles in the area of Corfu and Darien.

The motorcycles broke up in multiple directions with at least one heading north, one south, and one heading west into Erie County.

The riders have been identified as members of a motorcycle club.

One rider sideswiped a truck and took off a mirror.

One rider entering the Village of Corfu was fleeing in excess of 100 mph. The bikes are passing on the right and on the center line.

One westbound rider is described as a black male on a red motorcycle.

UPDATE 2:04 p.m.: The northbound motorcycle turned off of Route 77 and is now west on Route 5 and entering Erie County. Erie County does not have a car close to the chase area.

UPDATE 2:05 p.m.: The deputy in pursuit of the motorcycle on Route 5 in Erie County is breaking off the pursuit. 

UPDATE 2:08 p.m.: A deputy is apparently with one rider who had been part of the group and is running his identification. There is reportedly a rider who is part of the club at the security office at Darien Lakes. One deputy reports, "I had a total of four take off on me." Another says there was a group of five he was behind, and one he stopped.

UPDATE 2:16 p.m.: At least one rider was seen stopping to change clothes and is now wearing a black jacket with an orange shirt. He is described as a black male in his mid-40s. At least one of the plates of the bikes involved is from Maryland.

UPDATE 2:56 p.m.: Another rider was spotted going into Erie County at a high rate of speed -- a black male, black helmet, red bike.

Judge Charles Zambito was in no mood today to give a Batavia man with prior burglary convictions and an admission to a string of burglaries in the City of Batavia late last year much of a break on his sentence in County Court.

Christopher Tyler Sprague, 25, will serve at least three and a half years in state prison and could serve as much as seven, under the terms of his sentence today.

Zambito could have given Sprague up to 15 years in prison but chose not to make his sentences consecutive on his conviction on two counts of third-degree burglary.

Sprague was arrested in January, accused of burglarizing several businesses in Batavia in December.

He also served a stint in state prison on a burglary conviction in 2012 and was arrested on burglary charges in 2016 and served a term in prison on a felony criminal mischief conviction.

Today, Sprague vowed he was ready to turn his life around and asked for a second chance.

"If you can't show me mercy, please do it for my fiancée, my siblings, and my mother," Sprague told Zambito. "Please consider a Willard (rehabilitation) sentence so I can get home as soon as possible and help me get help and get into rehab.

"Your honor," he added, "I'm sincerely ready and willing to change, to change my life around."

Sprague said he had a job on a farm waiting for him once he's out of jail and that he intended to fully compensate his victims.

"I feel horrible for the acts I did and I take full responsibility for what I did," Sprague said.

Zambito said the defendant's criminal record left him unconvinced that he could rely on Sprague to really turn his life around.

"I look at your record and you tell me you've turned a new leaf and you're going to take care of your substance abuse problem but you've already served multiple state sentences for burglary," Zambito said.

Zambito also ordered Sprague to pay restitution, with interest, of $3,897.48, in increments of $100 a month starting 60 days after his release from prison.

For the second time this year, the actions of a stenographer in the Grand Jury room is causing difficulties for District Attorney Lawrence Friedman in the Genesee County Courtroom.

Today, Friedman moved to have what had been a sealed indictment on burglary, trespass, and forgery charges dismissed because a stenographer spoke to grand jurors about the case while the prosecutor was out of the room.

Friedman must now have a new grand jury hear the case against Malik Ayala at a later date.

Ayala was in court today to deal with matters related to his pending case -- criminal possession of stolen property -- and he was also arraigned on these new charges from the sealed indictment.

The counts in the indictment were burglary, 2nd, criminal possession of stolen property, 3rd, and forgery.

Immediately after the charges were read, Friedman made a motion to dismiss the indictment because a court stenographer had jeopardized the integrity of the proceeding. 

Freidman said he had previously informed Public Defender Jerry Ader, who is representing Ayala, that he would move to have the indictment dismissed but with the court's permission to resubmit the case to a grand jury.

He gave Ader a choice -- to present it to the current grand jury, which is the one that heard the case the first time, or waits for a new grand jury to be empaneled.

Ader asked that the case be presented to a new grand jury.

In March, Friedman revealed during another court proceeding that a stenographer had been using an audio recording device on her machine to record grand jury proceedings.

Friedman had another appointment after Ayala's case and was not immediately available for questions, so we don't know if this is the same or a different stenographer.

Ayala was arrested in November along with his brother TeeSean Ayala after the two men were stopped in a car that had pulled into the driveway of County Manager Jay Gsell where they reportedly tried to dispose of a handgun.

During today's proceedings, Judge Charles Zambito told Ayala that he had been informed that Ayala had violated the terms of his release-under-supervision contract. He said that Ayala is accused of testing positive for marijuana and alcohol consumption May 7 and May 14, and for marijuana, cocaine, and alcohol May 28, and that he was arrested on a petit larceny charge June 7.

Zambito had the option to terminate his release under supervision but based on updated reports from Horizon the judge decided it was better to allow Ayala to continue treatment. He warned Ayala that if there are further violations, he would put Ayala in jail and impose bail.

Ayala's status could change when and if a new grand jury indictment is returned.

The cases of three men arrested on drug charges in Batavia were heard in Genesee County Court this morning.

Locicero is charged with: criminal sale of a controlled substance, 3rd, a Class B felony; criminal possession of a weapon, 3rd, a Class D violent felony; and two Class A misdemeanors -- criminally using drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th.

He was arrested in May by the Local Drug Enforcement Task Force and is accused of selling fentanyl to a task force agent; and he was allegedly found in possession of an illegal knife, a crack cocaine smoking device and suboxone.

On Feb. 22, the 27-year-old resident of Dewey Avenue, Rochester, was reportedly found in possession of a quantity of fentanyl, crack cocaine and cash at a residence on Hutchins Street, Batavia.

Jones was arrested by the Local Drug Enforcement Task Force and his bail was set at $50,000 bail, which Judge Charles Zambito continued today.

At his arraignment, his attorney Marty Anderson said his client pleads not guilty.

On March 27, probation officers allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Lee was one of five individuals arrested as a result of the investigation.

Lee’s $40,000 bail bond was also continued by Judge Zambito.

In the case of the People v. Antwan Odom, the District Attorney wants the defense attorney to shut up -- at least when it comes talking to reporters -- and the defense attorney wants the DA disqualified from the case.

In other words, the case of the People v. Antwan Odom has been reduced to two attorneys squabbling about what happens outside the courtroom.

The attorney vs. attorney dispute dates back to May 3 when Odom's attorney Frank Housh told reporters that he would defend his client by trying to show jurors that the fellow student Odom allegedly stabbed on Ross Street on Aug. 4.

In court on May 3, Housh said he intended to file a motion to get evidence introduced, in order to mount a self-defense claim, that impeached the character of Ray Leach, the local football star Odom allegedly cut with a knife multiple times, so outside of court, reporters asked him to clarify his motion.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said outside of court on May 3. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

District Attorney Lawrence Friedman included the quote in a May 8 filing with the court requesting a gag order on both attorneys in the case.

In court today, Housh also revealed that Friedman filed a grievance against Housh with the state courts for "unprofessional conduct."

"Now I feel there is a parallel prosecution by the elected District Attorney of me and my client," Housh said. 

He said that raises a sufficient conflict of interest that Friedman should be disqualified from continuing as the prosecutor on the case.

That motion was continued until Odom's next court appearance on July 2.

Friedman, according to court discussions today, filed a one-sentence objection to the motion for disqualification.

Today, Friedman complained to Judge Charles Zambito that Housh was trying to get him disqualified from the case for following through on his ethical obligation to file a grievance over what he saw as unprofessional conduct.

Friedman said that as far as he knows nobody is prosecuting Housh and that he is not prosecuting Housh by following his "ethical obligation to report ethical misconduct."

"He says I'm seeking his disbarment," Friedman said. "I'm not seeking his disbarment. I followed through on the ethical obligation I have. All I wish to do is make sure he is able to remain professional and does nothing to violate professional conduct."

In his filing with the court, Friedman asserted that Housh's statements about Leach violated the rules of professional conduct, specifically the rule that prohibits attorneys from making statements could prejudice a jury, including statements relating to the character or credibility of a witness.

In the Order to Show Cause, Zambito ordered Housh and Friedman to show why they shouldn't be barred from "making statements to the media regarding anything involving this case."

The Batavian has filed a memo with Zambito objecting to the order. While judges in criminal cases can restrict what attorneys can say to the media, such orders, according to prior case law, can't be overly broad; can't apply to parties other than the attorneys in the case; and should consider how much time before the trial the statements are made.

In addition, both attorneys can use the jury selection process to identify potential jurors who should be disqualified because media exposure has tainted their view of the case. 

Gag orders can act, courts have found, as a form of prior restraint (the government censoring speech before the speech is made), which violates the First Amendment. 

While cases such as Gentile v. State Bar of Nevada have given courts leeway to restrict speech by attorneys because of their special access to information, in order to issue a gag order, courts have ruled that: a judge must make specific findings; consider less drastic alternatives; and narrowly tailor the order to address identified harm.

(For support of statements about gag orders in this story, see this brief filed by attorneys for the Reporters Committee for Freedom of the Press in another criminal case).

Courts have repeatedly found that a free press is essential to ensure fair trials, as in the 1965 case, Sheppard v. Maxwell.

"A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field," the Supreme Court said in its ruling. "The press does not simply publish information about trials, but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny.’’

In CBS Inc. vs. Young, a case that vacated a gag order, the court found that the newsgathering rights of a free press extend beyond the courtroom to include access to sources and court documents.

Asked to comment on the gag order by Zambito, an attorney for the Reporters Committee for the Freedom of the Press, Sarah Matthews, provided the following statement:

Although courts may restrict what attorneys can say about a case outside the courtroom, it raises First Amendment concerns when courts issue broad gag orders on attorneys that go beyond what the ethics rules require and actually bar any discussion of a case.

Meanwhile, Housh has shown he's fearful of even being seen nodding in the direction of a member of the press since Zambito issued the Order to Show Cause.

A few days after the order was delivered, a reporter ran into Housh at a local restaurant and Housh made it clear he didn't want to be seen talking to the reporter, and today when that reporter entered the courtroom and gave Housh a friendly wave, Housh shook his head as if to say, "don't even wave at me."

Cassidy Jane Hackett, 21, of Holland Avenue, Batavia, is charged with fourth-degree attempted grand larceny. It is alleged that at 1:23 p.m. on May 9 that Hackett attempted to withdraw $1,500 from a person's bank account. She was arraigned, released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jessica Nicole Weiss, 28, of West Main Street Road, Batavia, is charged with petit larceny and endangering the welfare of a child. Weiss was arrested after allegedly stealing merchandise from Walmart at 2:29 p.m. on June 10 while her 8-month-old son and 3-year-old daughter were with her. She was issued an appearance ticket for June 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Daryl Leach agreed to a plea deal this afternoon in Genesee County Court after being charged with the Feb. 26 robbery of the Speedway at Oak and Main streets, Batavia.

The 38-year-old Batavia resident entered a guilty plea to robbery, 3rd, and faces two to four years in prison.

Leach was found by investigators at a location on Swamp Road after the alleged robbery and was taken into custody.

Leach will be sentenced as a second-felony offender due to previous conviction and incarceration.

Judge Charles Zambito scheduled sentencing for 9:15 a.m., July 16, in Genesee County Court.

John J. Saddler, 31, no address provided, is charged with disorderly conduct with obscene sexual language and gestures. It is alleged that at 10:51 a.m. on June 7 on Jerome Place in Batavia that Saddler was observed outside screaming sexual obscenities and making sexual gestures toward the public. He was arrested and released on an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Peter Post. While officers were attempting to speak with Saddler about the disturbance he allegedly caused moments earlier, he became belligerent and allegedly said he was going to shoot Batavia city police officers. He was then charged with second-degree harassment and is also due to answer that charge on June 11 in city court. Batavia Police Officer Peter Post handled the incident, assisted by Officer Miah Stevens.

Sean M. Madigan, 33, of Collegeview Drive, Batavia, is charged with forcible touching and unlawfully dealing with a child. Madigan was arrested after an investigation of an incident which occurred at a restaurant in the Home Valu Plaza on West Main Street Road in Batavia at 6 p.m. on Dec. 27. It is alleged that while he was working at the restaurant, he subjected an employee to unwanted physical contact and provided alcohol to subjects under age 21. After his arraignment in Batavia City Court, he was issued an appearance ticket and is due back in court on June 18. The case was investigated by Batavia Police Officer Kevin DeFelice.

Carlton L. Beardsley, 24, of West Main Street Road, Batavia, and Brittany M. Smith, no age or address provided, are charged with obstruction of governmental administration. It is alleged that at 4:08 p.m. on June 3 on West Main Street in Batavia, that they fought with police while police were investigating a reported assault that had occurred on West Main Street. They are due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jason Davis.

Shaneeka R. Wroten, 26, of Ellicott Street, Batavia, is charged with petit larceny. Wroten was arrested on East Main Street in Batavia at 6:53 p.m. on June 6 after allegedly proceeding beyond the point of sale at a local store without paying for merchandise. She was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jessica M. Pfenninger, 36, is charged with petit larceny. She was arrested at 12:41 p.m. on June 6 after police investigated a shoplifting complaint at Dollar General on East Main Street in Batavia. Pfenninger was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Peter Post.

Crystal M. Bouter, 30, of Church Street, Medina, is charged with failure to appear in court on April 3. She was arrested on a warrant and issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Kevin Waleski, 31, an inmate in the Genesee County Jail, is charged with second-degree criminal mischief, a Class D felony. He is accused of damaging the jail inmate phone system on April 23. It is alleged that on that date he plugged the toilet in this holding cell, causing a flood. The water ended up in the basement of the jail and shorted out the phone system electronics, according to Genesee County Sheriff William A. Sheron Jr. He was arraigned on the charge June 3 and jailed without bail.

Jessica Nicole Weiss, 28, of Main Street Road, Batavia, is charged with two counts of endangering the welfare of a child. Following a child endangerment complaint at a local motel at 4:20 p.m. on June 5, Weiss was arrested on the charges. She allegedly left her young children alone in their residence for a period of time. Weiss was issued an appearance ticket and taken to jail for prints and photos. She is due in Town of Batavia Court on July 1. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

An altercation is reported at MacArthur Drive and State Street in the city. Batavia High School security personnel are said to be on their way over their. Batavia police are dispatched.

UPDATE 2:55 p.m.: The person accused of instigating the fight is a 15-year-old male and police are out with him now.

Press release:

In response to the senseless criminal actions over the past weekend, the City offers its condolences to victims, thanks those who responded, and commits to decisive action.

“The City shares in the grief felt by the families and friends of the victims, acknowledges the selfless acts by our citizens, appreciates the tireless work of Batavia’s finest, and thanks those who aided in the quick identity and arrest of criminal suspects this past weekend. Out of respect for those who gave their lives, and work so tirelessly, we commit to decisive action that will aid community crime prevention,” said Martin Moore, City of Batavia manager.

“The City will implement effective ideas, expand on successful neighborhood actions, and continue ongoing efforts to promote and ensure the safety of our community. We will continue to work cooperatively with community leaders, law enforcement, criminal justice officials, media representatives, neighborhood groups and business leaders to target criminals,” said Moore.

“Criminal violence and the loss of life is never acceptable and my sincere condolences go out to all those in the community that were impacted. It was encouraging to see people come forward and help the police quickly apprehend those believed to be responsible. To prevent violent acts in the future we must stay involved. If you see suspicious activity please report it to the police so that they can intervene and possibly prevent a serious crime from occurring. Over the next few weeks, City Council will be reviewing ways to assist our first responders and strengthen our public safety. Together we can make a difference,” said Eugene Jankowski Jr. City of Batavia of council president.

“The City of Batavia Police Department would like to thank the Genesee County Sheriff’s Office, Genesee County Dispatch Center, New York State Police, Genesee County Local Drug Task Force, City of Rochester Police Department, City of Batavia Fire Department, Mercy EMS, the Staff in the ER at UMMC and Police Chaplain Don Shirk for the assistance over this past weekend with the major crimes that took place in the City of Batavia. Because of the support received, the Police Department as able to quickly identify and arrest both parties responsible for these senseless crimes,” said Shawn Heubusch, City of Batavia police chief.

“The City extends its gratitude to witnesses that helped us to locate, identify and subsequently arrest both individuals involved in last weekend crime. With witness accounts, our job is much easier and we are heartened to see the public’s cooperation and willingness to get involved when a crime like this occurs in their neighborhood,” said Chief Heubusch.

“The Fire Department appreciates the opportunity to partner with City Police and assist in a support capacity. We were pleased to share specialized equipment and department personnel to aid in the investigative process, and acknowledge the outstanding work of the City of Batavia Police Department during these (last weekend’s) unfortunate events,” said Stefano Napolitano, City of Batavia Fire Chief.

Ongoing community safety is the first priority of the City of Batavia. All of the City’s departments are committed to keeping our City a healthy, violence-free place where our families can live, work and enjoy our City.

A local citizen came to the aid of a Batavia police officer who was attempting to apprehend a criminal suspect when the suspect pulled a handgun -- it turned out to be a BB gun -- from his pocket during the struggle.

The citizen stepped on the suspect's wrist causing him to drop the gun.

Brandon Fogg, 32, of Liberty Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal possession of a weapon, 4th, obstructing governmental administration, and trespass.

He was arraigned in City Court and ordered held without bail.

The incident began as a trespass complaint at 11:22 p.m., Tuesday, at a location on Ellicott Street.

Fogg was reportedly at a residence banging on the door against the complainant's wishes. 

Before patrols arrived, Fogg left the property. 

Officer Darryle Streeter observed Fogg in a passenger vehicle that was being driven with an illegal tire on it. 

Streeter initiated a traffic stop on Cedar Street near Ellicott Street. 

According to police, Fogg opened the car door and attempted to flee.

Streeter was able to grab Fogg and take him to the ground. Fogg allegedly fought with Streeter and during the struggle removed from his pocket what appeared to be a handgun.

At that point, an employee of a local business intervened and stepped on Fogg's wrist. When Fogg dropped the gun, Streeter was able to take him into custody.

Batavia PD did not release the name of the citizen at this time because the department has not obtained the citizen's permission to release it.

Rebecca N. Mann, 30, of Pringle Avenue, Batavia, is charged with disorderly conduct. She was arrested at 5:30 p.m. on June 2 after being observed allegedly fighting with another person on Pringle Avenue. She was issued an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Edward Robert Freida, 47, of Pringle Avenue, Batavia, is charged with disorderly conduct and public lewdness. Freida was arrested at 5:30 p.m. on June 2 after he was observed allegedly fighting with another person on Pringle Avenue. During the altercation, Freida allegedly exposed himself to several people. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash bail or bond. He is due to reappear in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Nikayla C. Jackson, 21, of Pringle Avenue, Batavia, is charged with endangering the welfare of a child and second-degree harassment. At 5:30 p.m. on June 2 on Pringle Avenue, Jackson allegedly had unwanted physical contact with a child less than 17 years of age. She was arrested and released on an appearance ticket and was due in Batavia City Court on June 4. The case was handled by Batavia Police Officer Matthew Lutey, assisted by Officer Christopher Lindsay.

Kevin Michael Waleski, 31, of Orchard Street, Oakfield, is charged with second-degree attempted criminal trespass and second-degree harassment. At 12:17 a.m. on June 2, police responded to a West Main Street residence for a reported physical altercation in which a subject attempted to enter a residence unlawfully. A subsequent investigation resulted in Waleski's arrest. He was arraigned in Batavia City Court at 8:10 a.m. bail was set at $2,500 cash bail or bond. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan. Before being taken to jail, Waleski was being transported to UMMC for medical treatment when he allegedly began to physically resist patrols. He was subsequently also charged with obstruction of governmental administration in the second degree, and that case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Ernest D. Lane, 61, of Ellicott Street, Batavia, is charged with second-degree criminal contempt and aggravated family offense -- more than one offense within five years. Lane was arrested at 2:59 p.m. on June 4 following a complaint that he allegedly violated a complete stay away order of protection. He is accused of going to the home on Ellicott Street of protected parties. He was jailed without bail and was due in Batavia City Court this morning (June 5). The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Christopher Camp. While he was being held on this case, he was issued a computerized ticket for aggravated family offense and second-degree criminal contempt. These charges stem from an incident on Ellicott Street at 8:55 p.m. on April 8. He was due in city court this morning to also answer those charges. The case was handled by Batavia Police Officer Arick Perkins.

Michael A. Jamil, 35, of Hart Street, Batavia, is charged with public lewdness. Following the investigation of a harassment complaint at 12:47 p.m. on May 20 at Kibbe Park, Jamil was arrested. He allegedly removed his pants while at the park, intentionally exposing his genitalia and his buttocks to another person several times while at the park. Jamil was later released on an appearance ticket and was due in Batavia City Court on May 21. The case was handled by Batavia Police Officer Peter Post, assisted by Sgt. Dan Coffey.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespass. He was arrested after he returned to Richmond Memorial Library at 3 p.m. on May 29 after being advised that he was no longer welcome there because he allegedly violated the library's code of conduct. Kuczka was issued an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin Czora.

Daniel H. Mooney Jr. is charged with fourth-degree criminal mischief and second-degree burglary. He was arrested after an investigation into a burglary on Jackson Street at noon on May 30. Mooney allegedly forced his way into a dwelling and damaged property while inside. He was arraigned in city court then jailed in lieu of $10,000 cash bail or bond. He was due to return to city court on May 31. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Miah Stevens.

Thomas L. Powers, 66, of Liberty Street, Batavia, is charged with second-degree harassment. It is alleged that at 5:57 p.m. on May 29 that Powers struck another person in the head with a broom on East Main Street in Batavia. He was located outside his Liberty Street residence, arrested and issued an appearance ticket. He is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Felicia DeGroot.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, is charged with criminal mischief -- intentionally damaging property. It is alleged that at 9:56 p.m. on May 24 on Liberty Street that he destroyed property belonging to another person. He was released on an appearance ticket and was due in city court on May 28. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Miranda Lynn Goetz, 28, of Vallance Road, Le Roy, is charged with petit larceny. She is accused of stealing property from Sally Beauty Supply in Towne Center of Batavia at 7:17 p.m. on May 31. She was released on an appearance ticket and is due in Town of Batavia Court on June 13. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Press release from the Genesee County Sheriff's Office:

On Memorial Day, May 27, Deputy Ryan Young was dispatched to a reported disabled or abandoned vehicle on Peoria Road in the Town of Pavilion.

Deputy Young arrived on scene and located Stormy Watts, 21, of Stafford, and Daniel Lewis, 22, of North Chili, sleeping in the back seat.

Deputy Young made contact with both occupants who stated that they were waiting to call someone to bring them gas.

Upon investigation, it is alleged that Lewis was in possession of a firearm, being a convicted felon.

Numerous confirmed stolen items were allegedly located in the couple's possession. There were many other items allegedly found in their possession, but the Sheriff's Office is still attempting to locate the property owners.

Numerous vehicle electronics, handbags and wallets were seized.

If anyone has not yet reported a theft from their vehicle, please contact Deputy Young at the Genesee County Sheriff's Office (585-345-3000).

It is alleged that the larcenies occurred possibly in Monroe, Livingston and Genesee counties. These larcenies would have occurred between March and Memorial Day this year.

Lewis was charged with: criminal possession of stolen property in the fourth degree, a Class E felony; destroying physical evidence, also a Class E felony; criminal possession of a weapon in the fourth degree, a Class A misdemeanor; criminal possession of a controlled substance in the seventh degree, another Class A misdemeanor; and unlawful possession of marijuana, a violation.

Lewis was arraigned in Town of Le Roy Court and is being held in Genesee County Jail in lieu of $2,500 cash bail or $5,000 bond.

Watts was charged with criminal possession of stolen property in the fourth degree, and unlawful possession of marijuana. Watts was arraigned in Le Roy Town Court and jailed on $1,000 cash bail or $3,000 bond.

Both subjects are due in Pavilion Town Court at 3 p.m. on June 4.

Genesee County Sheriff's Office was assisted by NYS Police, the NYS Department of Environmental Conservation, and the Livingston County Sheriff's Office.

A male and female physical altercation has resulted in a request for two ambulances in the area of 344 W. Main St., Batavia.

The first ambulance was requested for the female victim of an assault. The second ambulance was requested for a person having either a panic attack or seizure.

The male suspect ran from the scene and was later located near Denny's.

Benjamin Santiago Jr.

A suspect in last night's assault on Ellicott Street was arrested in Rochester and the allegedly stolen vehicle he was driving was recovered.

Benjamin J. Santiago Jr., 30, of Batavia, is accused of going to the home of Mark E. Collier, 35, at 9:15 p.m. to demand money of Collier, who has previously given charitable donations to Santiago, according to Batavia PD.

Collier denied Santiago's request and Santiago became upset, police say. He is accused of striking Collier several times with a blunt instrument causing significant injuries.

Santiago then allegedly stole items from the home and fled.

Collier was transported to Strong Memorial Hospital, alert and conscious, and is currently in stable condition.

Police say Santiago stole a bicycle after fleeing the scene and then stealing a vehicle from a residence in the Town of Batavia. Santiago apparently made it to Rochester where he was apprehended by Rochester PD.

Santiago is charged with first-degree assault and first-degree robbery.

Santiago has been arrested previously in and around Batavia, including a case involving problems at a local hotel that led to a multi-agency manhunt 2011. The two brothers in the case were later accused of trying to hire somebody to kill Santiago. Eventually, that case led to a prison term for Santiago. He was most recently accused of stealing $800 in tools from Crocker's Ace Hardware in Le Roy.

Police say:

This is an ongoing investigation. Members of the Batavia Police Department will be in the area between State St. and Ross St. attempting to locate additional evidence. If anyone observes any items that appear suspicious or may be of evidentiary value, please do not touch or move them. Contact the Batavia Police Department at (585) 345- 6350 to inform them of the item. A member of our Department will respond to investigate the item.

Assisting Batavia PD were City fire, the Sheriff's Office, Rochester PD, State police, and Mercy EMS.

Previously: Person reportedly assaulted on Ellicott Street in the city