crime

Richard L. Bailey, 63, (inset photo right) of Thorpe Street, Batavia, is charged with: second-degree menacing; fourth-degree criminal possession of a weapon; and third-degree criminal possession of a weapon. Bailey was arrested after he allegedly was involved in a disturbance at 7:09 p.m. on April 25 wherein he threatened a neighbor on Thorpe Street with what appeared to be a handgun. Following arraignment in Batavia City Court the next morning, he was jailed without bail. He was due in city court again on April 29. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Matthew Wojtaszczyk.

William G. Schultz, 45, of Maple Street, Batavia, is charged with criminal mischief -- intentional damage of property, and second-degree criminal trespass -- entering or remaining unlawfully in a dwelling. He was arrested on May 1 after an investigation into an incident that occurred at 2 p.m. on April 21 at Bill's Auto on Evans Street in Batavia. He was arraigned in city court and jailed on $2,500 cash bail or bond. Then at the jail while being processed he was allegedly found in possession of a controlled substance. He was subsequently charged with criminal use of drug paraphernalia in the second degree; criminal possession of a controlled substance in the seventh degree; and introduction of contraband into prison in the second degree. He was due back in city court on May 7. The cases were handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

April M. Palmer, 33, Lake St., Le Roy, is charged with petit larceny. She was arrested at 4:20 p.m. on April 14 following a shoplifting complaint at the Dollar General on East Main Street in Batavia. She was issued an appearacne ticket and is due in Batavia City Court on May 14. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Ashley B. Farrell, 33, of Summit Street, Batavia, is charged with dog running at large and unlicensed dog. She was arrested at 3:08 p.m. on April 21 after her two dogs were found running at large in the city and they were unlicensed. She is due in city court on May 14 to answer the charges. The case was handled by Batavia Police Officer Mitchell Cowen.

Samantha R. Jones, 34, of Oak Street, Batavia, is charged with dog running at large. She was arrested at 5:45 p.m. on May 1 on Oak Street. It is alleged that her dog ran at large without a leash onto another person's property. She was issued an appearance ticket for Batavia City Court and is due there on May 14. The case was handled by Batavia Police Officer Stephen Cronmiller.

Anthony L. Rice, 26, of Post Avenue, Rochester, was located and arrested by New York State Police on a bench warrant out of Batavia City Court. The warrant was issued April 25 after he failed to appear in city court regarding traffic offenses. He was turned over to Batavia PD and processed at headquarters. He was put in GC Jail on $1,000 cash bail or bond and was due in city court May 7. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Miah Stevens.

Robert V. Howard Jr., 66, of Lockport Ollcott Road, Lockport, was taken into custody by Batavia police on May 5 from the New York State Police, who had stopped Howard for vehicle and traffic violations in Niagara County. NYPS determined Howard had a bench warrant for his arrest out of Batavia City Court. After his arraignment in city court, he was put in GC Jail or $500 cash bail or bond. He was due in city court again on May 6. The case was handled by Batavia Police Officer Arick Perkins.

     Rodney Harmon

Rodney Lee Harmon Jr., 42, of Church Street, Elba, is charged with: vehicular assault in the second degree; driving left of pavement markings; moving from lane unsafely; reckless driving, and driving while ability impaired by drugs. At 3:16 p.m. on April 15, after the investigation of a motor-vehicle crash in which the car struck a house on Oak Orchard Road in Batavia, Harmon was arrested. Harmon and his passenger were allegedly involved in a domestic incident while Harmon was driving a Chevy Cruze southbound on Route 98. The vehicle crossed over the hazard warnings into the northbound lane of travel and exited the highway, crashing into the north side of a house. Harmon was transported to Strong Memorial Hospital and evaluated. He was issued an appearance ticket and is due in Town of Batavia Court on May 27. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy James Stack.

     Wesley Thigpen

Wesley Thigpen, 38, of Vine Street, Batavia, is charged with first-degree sexual abuse. He was arrested on May 1 after an investigation into an incident that occurred in December on Vine Street in Batavia. He turned himself in upon request, was arraigned in Batavia City Court, then released under supervision of Genesee Justice. He is due in court again at 9 a.m. on Thursday, May 23. The case was investigated by Batavia Police Det. Thad Mart.

Christopher T. Sprague, 25, of West Main Street, Batavia, is charged with two counts of third-degree burglary. He was arrested on May 3 for allegedly attempting to burglarize the Salvation Army Thrift Store at 98 Jackson St. in the City of Batavia on Dec. 23. Also on May 3, he was charged with the same crime for allegedly burglarizing Bill's Auto at 101 Evans St. in Batavia. After his arraignment, he was released on his own recognizance but he is in GC jail on other charges. He is due in Batavia City Court on the burglary charges June 6. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Det. Eric Hill.

Christopher Sprague

Jonathan Wayne Arce, 35, of Wyoming Street, Wyoming, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or higher; moving from lane unsafely. At 7:11 p.m. on May 3 on Francis Road, Bethany, Arce was arrested on these charges. He was issued an appearance ticket and is due in Bethany Town Court on May 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. John Baiocco.

Donald G. Cooper, 35, and Christine A. M. Wark, of School Street, Le Roy, were arrested by Le Roy police on May 3 and each was charged with four counts of endangering the welfare of a child, a Class A misdemeanor. Cooper was also charged with unlawful possession of marijuana, a violation. At about 10:30 p.m. on May 3, Le Roy Police Department received a complaint of two young children sitting on the side of the road on Route 19. When patrols arrived, they located two children, ages 8 and 10. Police were able to identify and locate the parents of the children. It was "discovered that the children were allegedly sent out of the residence to burn off some energy while retrieving a discarded item located on the side of the road approximately a half mile from their residence. During the investigation, an unsecured firearm and bullets for the firearm were located in the residence...in a location that was accessible to both children." Paraphernalia for smoking marijuana was also found in the residence, in a location accessible to both children. As a result of the significant disregard for both children's well-being..." both Cooper and Wark were arrested, without incident. After arraignment in Town of Le Roy Court, the defendants were released under supervision of Genesee Justice. They are due back in Town of Le Roy Court on June 4 to answer the charges.

Steven D. Smires, 23, no permanent address, was arrested on May 2 by the Le Roy Police Department and charged with one count of endangering the welfare of a child, a Class A misdemeanor, and one count of unlawful possession of marijuana, a violation. In the same incident, Leah M. Burrus-Stewart, also no permanent address, was arrested and charged with one count of endangering the welfare of a child. At about 11:30 a.m. on May 2, Le Roy PD received a complaint of a subject smoking marijuana in a vehicle with two small children inside. Upon arrival, patrols found Smires and Burrus-Stewart inside along with a 3-year-old child belonging to Burrus-Stewart and a 9-month-old baby that belonged to the couple. Police also allegedly located marijuana and paraphernalia for smoking it inside the vehicle. It was also discovered that the family did not have housing and had been living in the vehicle. Both adults were arrested without incident and Child Protective Services was contacted to assist with the children's care. The couple was arraigned in Le Roy Town Court and jailed in lieu of $750 bail each. They are due back in Le Roy Town Court on June 4 to answer the charges.

Jennifer L. Shaw, 33, of Bank Street, Batavia, is charged with endangering the welfare of a child. Shaw was arrested at 3:10 p.m. on April 22 on West Main Street in Batavia after an investigation of an incident in which she allegedly left two children unattended in a running vehicle in a parking lot. She was issued an appearance ticket and is due in Batavia City Court on Tuesday, May 7. The case was handled by Batavia Police Officer Felicia DeGroot.

William G. Schultz, 45, of Maple Street, Batavia, is charged with criminal possession of a controlled substance and second-degree criminal use of drug paraphernalia. At 11:15 a.m. Schultz was arrested on Evans Street in Batavia on an unrelated charge. While being searched, he was allegedly found in possession of a controlled substance and drug paraphernalia. He was arraigned in Batavia City Court then jailed in lieu of $2,500 cash bail or bond. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Stanley F. Wenzel, 30, of Hutchins Place, Batavia, is charged with dog running at large. He was arrested on April 26 and is due in city court for arraignment on Tuesday, May 7. It is alleged that on April 7 at 4:28 p.m. a dog that Wenzel was in possession of got loose and attacked another dog on Hutchins Place. Wenzel was issued an appearance ticket. The case was handled by Batavia Police Officer Christopher Lindsay.

Tiesha Deon Doward, 32, of Prune Street, Batavia, was arrested on May 4 on a warrant out of Batavia City Court after police responded to an incident on Prune Street. They executed a bench warrant that was issued after she failed to appear in court April 24 on a petit larceny case from 2018. Doward was given an appearance ticket and is due in city court on Tuesday, May 7. The case was handled by Batavia Police officers Marc Lawrence and Peter Flanagan.

A 16-year-old who lives in Batavia is charged with unlawful possession of marijuana, a violation. The youth was stopped at 12:22 a.m. on April 20 on West Main Street in Batavia for vehicle and traffic violations. During the traffic stop, the youth was allegedly found in possession of marijuana. The youth was arrested and released to a parent and is due in Batavia City Court on Tuesday, May 7. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Paul W. Zeches, 30, of Oak Street, Batavia, was arrested on April 30 when he responded to Batavia Police Department for an unrelated matter. He had an active arrest warrant out of Batavia City Court for an unspecified incident that occurred on Feb. 28, 2017. He was arraigned, he pled guilty and was released. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Anthony R. Piazza, 28, of Pratt Road, Pembroke, was arrested at 2:15 p.m. on April 30 on a bench warrant out of Batavia City Court. The warrant was issued after he failed to appear in court on a misdemeanor traffic ticket. He was released on his own recognizance and is due in city court May 30. The case was handled by Batavia Police Officer Christopher Lindsay.

Jennifer K. Urvizu-  Hanlon

A 48-year-old Batavia woman can expect to spend two years in state prison after admitting today in County Court to attempted criminal possession of a weapon in the second degree.

The charge stems from a May 17 incident on Central Avenue when Jennifer K. Urvizu-Hanlon gave her licensed handgun to Samuel Blackshear, now 18, who shot Nathaniel Wilson, who had just stabbed to death 41-year-old Terry J. Toote.

Wilson is serving a 20-to-life prison term on his murder conviction. Blackshear was sentenced to three years in jail.

Urvizu-Hanlon owned La Mexicana grocery store at the time of her arrest.

According to information that came out at Blackshear's sentencing, surveillance video shows a black sedan on Central Avenue sometime before the incident. At one time, the driver got out and retrieved what looked like a handgun from the truck. The car left Central Avenue and returned. It leaves again and reappears just before Wilson shows up on the street. After Wilson stabbed Toote, Blackshear is seen moving toward Wilson, who is turning to leave. Blackshear sees the sedan and walks over to it and is handed the gun by the driver.

Nobody has seen the gun since the shooting, a point of contention at Blackshear's sentencing. It may have been thrown into a creek. 

As a result of the incident, Urvizu-Hanlon lost her pistol permit and as a result of the conviction, she will not be able to obtain another permit.

The term of the plea agreement is that Urvizu-Hanlon will receive a determinate sentence of two years. The length of her parole, one-and-a-half to three years, will be at the discretion of Judge Charles Zambito when she is sentenced at 1:30 p.m., July 12.

If Urvizu-Hanlon had gone to trial on the charge, she would have faced up to seven years in prison.

First Assistant District Attorney Melissa Cianfrini said the two-year prison term is based on her lack of any prior criminal record.

There will be mitigating information that is discussed at the sentencing that Zambito may consider on the length of her post-release supervision.

A defense attorney for Antwan Odom, the Batavia High School athlete accused of cutting Ray Leach with a knife during an apparent argument Aug. 4, will file a motion in advance of a trial later this year that will allow him to call into question Leach's character.

Odom today turned down a plea offer that could have meant no jail time, seemingly on the advice of his attorney, Frank Housh, of Buffalo, because Housh didn't feel there was enough of a guarantee from the court that Odom could be adjudicated a youthful offender and avoid a prison term.

Outside of court, Housh said his client didn't commit a crime, that he acted in self-defense, and that as part of a self-defense claim, he should be able to submit evidence that supports his claim, including the character of the alleged victim.

"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. "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."

Housh may also seek a change of venue. Given Leach's status as a star athlete, one of the most recognized athletes in the region, Housh said he isn't sure an impartial jury could be impaneled in Genesee County.

A change of venue motion isn't certain, Housh said. He will need to research it further.

He said a request for a change of venue is unrelated to a bit of a conflict in court today over the terms of a potential plea agreement and what Judge Charles Zambito's role is in guaranteeing any particular sentencing outcome.

Odom is charged with assault in the first degree, a Class B felony with a minimum sentence of five years in prison and up to 25 years in prison. District Attorney Lawrence Friedman's offer was for Odom to plead guilty to second-degree assault, a Class D felony. The plea, Friedman said, would be unconditional and expose Odom to a potential maximum prison term of seven years.

However, Odom would also then be eligible for a probationary sentence and youthful offender status, which would seal his criminal record.

Housh said in court today that in 25 years of practicing criminal law, including 10 working as a prosecutor, he had never come across a court where he couldn't get a promise from a judge on sentencing perimeters. 

His interpretation of his conversation with Friedman was that he couldn't even ask Zambito to promise probation and youth offender adjudication and that even to discuss the possibility with the judge would violate the terms of the plea offer.

"Never have I seen a scenario where the separation of powers has been so different, whereby the prosecutor decides what sentencing perimaters and what protocols the judge will follow," Housh said. 

Friedman rolled his eyes.

He said Housh was mischaracterizing their conversation and that an unconditional plea offer is just that -- there are no preconditions on sentencing. It would be up to the judge to decide on the day of sentencing what the appropriate sentence should be.

If the judge makes promises about sentencing at the time of the plea then it is no longer an unconditional plea, Friedman said.

"If the defendant wants the range of sentencing with a D felony instead of a B, then take the plea," Friedman said. "If not, then don't take the plea."

Zambito told Housh it is his practice to never promise anything less than the statutory limit. He wants to see the presentence report and hear the arguments of the attorneys before reaching a decision on an appropriate sentence.

"This court has been doing it this way for as long as I can remember," Zambito said. "It's not just me and it's not just Mr. Friedman."

The attorneys then met with Zambito in chambers and then Housh met with his client. When the court reconvened the case, Housh informed the court that his client was rejecting the plea offer and he asked for time, before setting a trial date, to file motions and have those motions heard. He has 30 days to file his motions. A hearing on the motions is set for 2 p.m., July 2.

Lisa Lynn Lyons, 42, of Alexander Road, Attica, is charged with two counts of misconduct in relation to petitions, a violation of NYS Election Law (ELN 17-122, #6). It is alleged that the defendant subscribed as a witness to a petition on April 1 for the designation of herself as the Republican candidate for the upcoming Town Clerk of Alexander position. It is alleged that she did not witness all signatures of the filed petition, thereby making a false statement or false affidavit. Lyons, who is the incumbent Town of Alexander Clerk and Tax Collector (her term expires Dec. 31), was issued an appearance ticket for the charges and is due in Batavia City Court at 1:30 p.m. on Tuesday, May 21. The case was investigated by Genesee County Sheriff's Sgt. James Diehl.

Devin A. Hill, 18, of Rochester, is the alleged driver a pickup truck that was seen leaving the Batavia Cycle Center, located at 4988 E. Main Street Road in the Town of Batavia, hauling a trailer at 2:15 a.m. this morning (May 2). His passenger was Angel I. Carrasquillo, 43, of Rochester, who was later located walking in the area of Route 33 and Warner Road. The men were arrested after the Genesee County Sheriff's deputies were called to a suspicious condition at the cycle center. The pickup truck and trailer were stopped a short time later on Route 33 in the area of Coward Road after a call by deputies. Two go-karts and one three-wheeler were on the trailer being towed and they were determined to be stolen from Batavia Cycle Center. Both men are charged with third-degree grand larceny, third-degree burglary, and fourth degree criminal mischief. Following their arraignments in Town of Batavia Court, Hill was jailed in lieu of $10,000 bail and Carrasquillo was jailed without bail. The case is being investigated by GC Sheriff's Deputy Mullen, Deputy Andre, Sgt. Baiocco, Sgt. Sanfratello, Investigator Parker and Investigator Minuto. Also assisting were members of the Batavia PD, NYSP, and Environmental Conservation Officer Fay Fuerch.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with: introduction of prison contraband into prison in the frist degree; fourth-degree criminal facilitation; fifth-degree conspiracy; and seventh-degree criminal possession of a controlled substance. It is alleged that Sponaugle conspired with others to smuggle contraband items into the jail. Following an investigation of contraband smuggling in the GC Jail on Jan. 19, Sponaugle was arrested on April 30. After arraignment in Batavia City Court, the defendant was jailed on $2,500 cash bail or $5,000 bond. He was due back in city court May 1. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Mark Daniel Caufield, 25, of Fisher Road, Rochester, is charged with: criminal possession of marijuana in the fifth degree -- more than 25 grams; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while impaired by drugs -- first offense; and criminal possession of drug paraphernalia in the second degree. At 4:07 p.m. on April 21, Caufield was arrested on Clinton Street Road in Batavia following a traffic offense complaint. He was arraigned in Town of Batavia Court and is due there again on May 20. He was jailed on $2,500 cash or bond. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth.

     Rashawn Gosier

A 40-year-old Batavia resident who was originally accused of attempted murder for stabbing somebody at a home on Ellicott Street accepted a plea agreement today that will likely mean a five-year prison term.

Rashawn L. Gosier, formerly of Shady Lane, attempted to assault, 2nd, and criminal possession of a controlled substance, 5th.

Gosier was arrested in December after an incident at 337 Ellicott St. that led to a brief manhunt before Gosier was apprehended crawling out of the basement of that residence.

One person was transported to an area hospital that night but was apparently not seriously injured.

At the time of his arrest, Gosier was found in possession of 500 milligrams or more of cocaine.

Gosier is being held without bail pending his sentencing at 10:30 a.m., May 29.

Photo: File photo of Gosier's arrest.

A 23-year-old man who is accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire last June is mentally incapable of assisting in his own defense, Judge Charles Zambito ruled this afternoon.

Plush Dozier will be remanded to the Commissioner of Mental Health for treatment and then be reevaluated, Zambito ruled.

Dozier is charged with arson, 1st, and attempted murder.

Three psychiatrists examined Dozier and two of them found him capable of understanding the charges against him and recognizing the roles of the judge and attorneys in a court proceeding, but all three said he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

Zambito noted that all three doctors described his disorders as fluid. In other words, he can slip from lucid to psychotic at any time. And while his disorders can be managed with treatment and medication, there is no record, Zambito said, that he is receiving or has received proper and appropriate treatment.

"Dr. Mitchell described his condition as a moving target," Zambito said. "All three doctors who evaluated him said he could snap at any time. This is consistent with the representations by his attorneys that at times he was lucid and could cope and at times he was not."

He added later, "All of them (the doctors) indicated or represented concerns that if not treated, his symptoms could very well become active and interfere with his ability to effectively assist in his own defense."

Zambito also noted that Dozier's disorders go back to his childhood.

"There is no indication that he is feigning anything or that he is a malingerer," Zambito said.

Dozier is currently represented by Thomas Burns, his third attorney. He is being held in Attica, and reportedly in solitary confinement despite his lack of a conviction in this case, because the Genesee County Jail and its staff is ill-equipped to deal with a person with Dozier's multiple disorders.

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

At the start of today's hearing, Burns said he had met with his client and his client had asked to speak with the judge about his treatment, or alleged mistreatment, in Attica. He has raised this issue before and, as Burns noted, has been told by Zambito that the county court judge lacks jurisdiction to change where he is being held or affect the status of his custody. Still, Burns said, Dozier wished to raise the issue.

Zambito suggested that the court hear the testimony of Dr. Virginia Wohltmann, who examined Dozier in December, and that the court then take a recess so Burns could discuss the specifics of the situation at Attica with his client.

After Zambito heard two other cases, Burns and Dozier returned to the courtroom and Burns said his client had decided against putting anything on the record today about his treatment in Attica. At that point Zambito informed Burns and District Attorney Lawrence Friedman that he had finished reviewing the witnesses' testimony in the hearing (which was held in parts over different days) and was ready to render a decision.

Zambito then reviewed the testimony of the three doctors before stating that he found that while Dozier might be able to understand the proceedings, his fluid mental state would make it difficult for him to assist in his defense.

"This is not the end of the matter," Zambito said. "This is not the final verdict but based on the credible evidence presented in this court, I find the defendant at this time is an incapacitated person and remand him to the custody of the Commissioner of Mental Health for care and treatment for up to one year and then he will be reevaluated and brought back."

Todd M. Englerth is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Nov. 20 in the Town of Le Roy that Englerth knowingly possessed a dangerous knife or instrument -- metal knuckles, and he had previously been convicted of a crime. In count two he is accused of second-degree assault, a Class D violent felony, for allegedly intentionally trying to prevent a Le Roy police officer from performing a lawful duty and causing physical injury to the officer. In count three, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Englerth attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference. In count four, the defendant is accused of resisting arrest, a Class A misdemeanor. In count five, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing cocaine weighing an 1/8th ounce or more.

Heyward Clark AKA Heywood Clark is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 27, 2016 that Clark knowingly entered into a building on School Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing personal property and U.S. currency that day. In count three, he is accused of third-degree criminal mischief for allegedly damaging property belonging to another person that had a value of more than $250 -- a window. In count four, Clark is accused of another count of third-degree burglary for allegedly unlawfully entering a garage on Porter Avenue in the City of Batavia sometime between Oct. 27 and Oct. 31, 2016. In count five, he is accused of another count of petit larceny for allegedly stealing a circular saw and battery from a person after entering the garage. In count six, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property at the garage -- a window.

Felix Cabrera-Lopez AKA Felix Cabrera is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 6, 2018, on South Lake Street in the Town of Bergen that Cabrera-Lopez drove a 2001 Honda while his driver's license was suspended or revoked. He had in effect at the time 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine: Jan. 31, 2008; Dec. 31, 2011; Oct. 5, 2012; March 27, 2014; Oct. 16, 2014; Jan. 7, 2015; June 9, 2015; May 12, 2016; Sept. 10, 2016; July 25, 2017 -- all in Monroe County.

A 43-year-old former correction officer at the Albion Correctional Facility was sentenced this afternoon to six months in Genesee County Jail and 10 years probation after pleading guilty last month to one count of first-degree sexual abuse for a sexual act involving a woman incapable of giving consent.

It is a Class D felony.

Adam H. Brokaw, (inset photo) of Northern Boulevard, Batavia, will also have to register for permanent listing on the Sex Offender Registry, although his (threat) level (for reoffending) won't be determined until midsummer.

The case stems from a party at his house with a theme of "high school reunion" on Friday night, Nov. 10, 2017.

Brokaw and his wife, Ellen, invited several friends, including the victim, who said in court she had been friends with Ellen for about five years and felt safe and comfortable around the Brokaws. When she arrived, she headed downstairs where everyone was at the bar, including some members of law enforcement.

She joined with others in "doing shots." Over the course of the evening, she told police, she drank "an entire bottle" of Goldschläger -- Swiss cinnamon schnapps -- a liqueur that is 87 proof. She got sick and vomited outside over the porch railing. Adam Brokaw, according to court testimony, knew this and knew how incapacitated she was. The victim's children had to be brought over to the Brokaws because their mother was not able at that point to care for them at home.

Later the victim passed out on the couch, unconscious. Before that happened, she was unable to sit up unassisted and she could not keep her eyes open.

Her pants had been unbuttoned by Ellen and Adam "to make her more comfortable" as she slept on the couch, according to statements in the presentencing report.

But her rear end was hanging out and she felt the cold couch, the victim said in court today, as she came in and out of consciousness.

Ellen had gone to bed and Adam, who was himself intoxicated, stayed up to pick up the post-party mess.

At some point in the early morning hours Saturday, she recalls her left leg being swung over the couch and her foot planted on the floor. The victim said she felt a man fondling her breasts and penetrating her vagina with his fingers, then attempting to penetrate her with his penis. She heard the click of a camera and saw a flash. She still hears the heavy breathing.

When she came to, she found her underwear twisted all around. She felt she had been sexually assaulted and woke up Ellen.

"I had to keep your filth on me until I could get to the hospital," the victim said during her victim impact statement before sentencing.

"I sometimes think what if my children had woken up and seen you raping me?"

Ellen Brokaw drove the victim to the hospital.

"There are 20 steps in a rape kit," the victim said ruefully. "Twenty steps."

They poked and prodded and swabbed inside and outside every orafice of her body, gave her tests for sexually transmitted diseases, drew her blood, and bagged her underwear and other clothes for evidence. They scraped under her nails and took a hair sample. They gave her a "Plan B" pill (morning after emergency contraception pill) that made her experience severe uterine cramps.

"I'm still in shock. I am disgusted. You are disgusting," she hissed, adding that once she got home "I couldn't make the shower hot enough or long enough. And afterward, I still felt your filth on me."

"You're a piece-of-shit scumbag who took advantage of me," the victim said, although he took "an oath to protect and serve."

In the aftermath, her life has become a regime of pysch meds for depression and anxiety; a sexless marriage -- for now -- because she has flashbacks and trust issues; the loss of a once-close circle of friends; the loss of her old self, her confidence and sense of self worth; all the anger, the aloneness.

"This stops today," the victim said, vowing to regain her strength and independence.

Before returning to the gallery, she thanked Batavia Police Detective Thad Mart, her therapist, UMMC staff and family members for helping her. She was supported in Genesee County Court by at least 15 people.

Brokaw, who is at least 6'5" and solidly built, with shorn hair, sat at the table and stared frozenly ahead when the victim held forth from the podium. He wore tan pants, black athletic shoes, and a pale persimmon-colored T-shirt. His wife, parents, and one other supporter sat behind him in the gallery.

Next First Assistant District Attorney Melissa Cianfrini was incredulous that the PSI examiner talks in the report about "the defendant's pain."

She accused Brokaw of attempting to minimize his role in the sexual assault -- by denying he attempted to penetrate her with his penis or that he fondled her breasts, of lying, of portraying himself as a victim, one who has been villified and has become a pariah.

In fact, it was only after DNA tests came back on April 26, 2018 that he admitted to his family that "something happened," Cianfrini said, underscoring her point that by no means did he own up to anything straightaway.

"She was raped and he perpetually lied about it for an extended period of time," Cianfrini said.

At this point, the defense attorney, Matthew Lembke, stood and said it was "improper" for Cianfrini to speak as she was, and that it amounted to her asking that Brokaw be punished for exercising his rights as an American citizen and for adhering to his counsel's advice.

He asked Judge Charles Zambito to strike the First ADA's comments from the record. Zambito declined and said he had no intention of punishing anyone for exercising their rights.

Brokaw shifted in his chair and cupped his chin with one hand and grasped his elbow with the other.

Cianfrini mentioned the glowing letters included in Brokaw's file that speak of his integrity and honor, and reminded the court that this same person ejaculated on the victim: There were seven different areas of the victim's underwear and three areas of her body that tested positive for Brokaw's semen.

A letter said Adam Brokaw is the kind of man who would get up at 2 a.m. to feed a stray kitten. Cianfrini said, and yet, the same man took advantage of "a helpless victim who couldn't get away" in the wee hours that November morning.

"He knows what prison will be like for him," Cianfrini said. "We should send a message that his conduct is reprehensible."

She asked for six months of jail and 10 years probation for Brokaw.

Lembke tried for the better part of an hour to sway the judge against any incarceration, saying his client is a veteran, with a fine record of service in law enforcement. He added that Brokaw's highly unlikely to ever do such a thing again; his chance of recividism is nill.

Lembke also disputed the prosecutor's contention that he acted as he did because "he thought he could get away with it" and said his client knows he should never have behaved as he did. Lembke said Brokaw has never pretended that he did nothing wrong.

"He never blamed anybody or suggested she made things up," Lembke said.

Then he went on about the philosophical struggle of humankind -- wrestling with the eternal questions such as why bad things happen and why good people endure famine, the loss of a child, sexual assaults and unspeakable acts of cruelty. He concluded by saying the answers are never simple because people are complicated.

Brokaw's actions were an aberration, an opportunity seized in the moment, fueled by alcohol.

"There's no denying what happened here is inexcusable," Lembke said. "(The victim's) feelings are right and there's just no excusing it."

Still, Lembke maintained nothing would be served by jail time, only retribution.

His client struggles with his own depression and anxiety since the high-school-reunion-party-gone-wrong, "self-inflicted or not."

"He regrets every minute of it," Lembke said. "He says 'I can't say how sorry I am. I will regret it for the rest of my life.' "

Lembke reminded the court to remember Scripture and to "love the sinner, but hate the sin."

He sought a sentence of probation only.

Zambito said maybe retribution shouldn't be part of a sentence but it's part of life. The community has to have faith in the judicial system. The court is obliged to fashion a sentence that bolsters that faith, and provides justice to all parties to the best of its ability.

"Otherwise the people would resort to self help," Zambito said.

The judge acknowleged Brokaw's military service, his former career in law enforcement, and his family. He said the letters sent to him pleading for lenience and mercy are "not his job."

This case was difficult.

"Alcohol was a factor," Zambito said. "But you allowed this to proceed. Someone came to your house and she trusted you and felt safe. She had to endure a violation, physically, personally, emotionally.

"I don't think you're a monster, but you committed a monstrous act. But you did this and people need to have confidence that there are consequences."

Zambito said he could have sentenced Brokaw to up to seven years in state prison.

Brokaw was led away to jail immediately after signing paperwork. The judge also granted the prosecution's request for two stay away orders of protection for the victim and her husband, which will remain in effect until April 26, 2029.

In the fall, when school begins, the orders can be modified to allow incidental contact at school-sanctioned activities and sports since the couples' children attend the same school and are on at least one sports team together.

Fees totaling more than $1,900 must also be paid by Brokaw, including: $489.69 for restitution; $1,000 to a victims' fund; $300 felony surcharge; $50 DNA fee; $25 for SORA; etc.

"Nobody wins in this situation," the victim said.

Kevin M. Waleski Jr., 31, of South Main Street, Batavia, is charged with second-degree harassment for allegedly threatening physical violence toward a person living on South Main Street, Batavia, at 12:47 p.m. on April 14. He is also charged with third-degree criminal trespass for allegedly trespassing and remaining on the same South Main Street property at 2:40 p.m. on April 23 after being told to leave. He was arraigned in Batavia City Court on April 23 and jailed in lieu of unspecified bail. He was due to return to city court on April 24. The case was handled by Batavia Police Officer Stephen Cronmiller.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with two counts of second-degree criminal contempt. Worsley was arrested April 24 after an investigation of a complaint that he contacted the protected party of a stay away order of protection on Vine Street in Batavia on March 12 and again on March 18. He was jailed in lieu of unspecified bail and was due in Batavia City Court today (April 25). The case was handled by Batavia Police Officer Stephen Cronmiller.

From the NYS Police:

On April 25 at approximately 12:50 a.m. troopers from SP Batavia (Troop A) responded to a reported robbery at the 7-Eleven located at 25 Main St. in the Village of Oakfield.

The suspect is pictured in the image above. If anyone has any information about this incident, please call SP Batavia at 585-344-6200.

    Michael Piasta

A pair of jeans with a hole, a pair of shoes, and a jacket that were all consistent with images of a robber in a surveillance video were key to getting felony convictions in a jury trial for Michael J. Piasta, according to District Attorney Lawrence Friedman.

"This is a case where we definitely needed that surveillance video to provide the corroboration that we needed," Friedman said.

Piasta took $10,000 from the Arby's, 212 W. Main St., Batavia, on March 25, 2018. 

The jury took two hours to decide Piasta was guilty of robbery, 2nd, grand larceny, 3rd, and criminal possession of a weapon.

Friedman said Piasta carried an imitation handgun and wore a mask when he robbed Arby's.

Photo from Arby's surveillance that helped lead to the arrest and conviction of Michael Piasta.

On April 13, 2018, Piasta, who had already been identified as a suspect, was located in a pickup truck with three other individuals stopped by a Batavia police officer on West Main Street. Friedman said the pants he wore that day had a hole in one leg consistent with a hole in the leg shown in the surveillance video.

He also wore shoes Friedman said he thought were unique and consistent with the shows shown in the Arby's video.

The jacket Piasta wore during the robbery was located at his mother's house following his arrest. His mother said the jacket was hers but she had loaned it to her son a few days before the robbery and it was returned shortly after the robbery, according to Friedman.

"We had a witness who testified that defendant came to his residence right after the crime wearing clothes consistent with the clothes worn during the robbery and that he had several thousand dollars with him and he stated that he had, quote 'done dirt', which apparently means he committed a robbery," Friedman said.

Piasta has three prior stints in state prison and is eligible for sentencing for persistent felony offender status, which means a minimum of five years in prison. The maximum term for a Class C felony is 15 years.

When Piasta was sentenced in 2010 on a burglary charge, he told Judge Robert C. Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta told Noonan before receiving a maximum state prison term of seven years for burglary. "Regardless of what happens today, I think I can make things better."

Photo from April 13, 2018, of the scene on West Main Street, Batavia, when Michael Piasta was taken into custody as a suspect in the Arby's robbery.

     Robert Gerety

Robert Richard Gerety (right photo), 45, of Chestnut Street, Batavia, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested following an investigation of a domestic incident that occurred at 9:28 p.m. on April 18 on Chestnut Street in Batavia. He allegedly grabbed a female acquaintance by the neck in violation of an order of protection. He was subsequently found to have an outstanding warrant for failure to appear in Batavia City Court. After arraignment, he was processed at the jail and allegedly found to possess a crack pipe, according to the police report. So he was charged with criminal use of drug paraphernalia. He was held without bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

      Latoya Jackson

Latoya Denise Jackson (right photo), 33, of Vine Street, Batavia, is charged with criminal possession of a weapon and second-degree assault. At 10:20 p.m. on April 20, Batavia police responded to a Vine Street residence for a physical disturbance call. After investigation, Jackson was arrested for allegedly cutting a male with a knife. She was arraigned in Batavia City Court and jailed without bail. She was due back in city court on April 22. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Kishonti D. Williams, 28, of Harvester Avenue, Batavia, is charged with: driving while ability impaired by drugs -- first offense; aggravated unlicensed operation in the third degree; operating a motor vehicle while using a portable device; and unlawful possession of marijuana. On April 22 at 11:22 a.m. Williams was stopped on Route 5 in the City of Batavia for a vehicle and traffic violation. Following a roadside investigation, Williams was arrested. At the jail, GC Sheriff's Deputy Eric Meyer, a Drug Recognition Expert, administered a Drug Influence Evaluation and concluded Williams was impaired by drugs. He is due in Town of Batavia Court on May 16. The investigation was handled by Deputy Ryan Delong, assisted by Deputy Meyer.

John Roderick Benton, 61, of Colby Road, Darien, is charged with: Felony DWI -- operation of a motor vehicle while having a BAC of .08 percent or more, with a prior conviction within 10 years; felony DWI with a previous conviction; and failure to keep right. It is alleged that at 1:39 p.m. on April 21 on Tinkham Road in Darien that Benton drove up to a GC Sheriff's deputy and made an inquiry then immediately drove off. The deputy observed Benton unable to maintain his lane of travel and a traffic stop was conducted. Benton was subsequently arrested and issued appearance tickets for Town of Darien Court, where he is due to appear on May 7. The case was handled by Genesee County Sheriff's Deputy Richard Schildwater, assisted by Kevin McCarthy.

Patrick J. Michael, 38, of Batavia, was arrested by the City of Batavia Police Department on April 14 on an active Warrant of Arrest issued by the Wyoming County Family Court. Michael was wanted for failure to pay child support. Michael was turned over to the Wyoming County Sheriff’s Office where he was arraigned in the Village of Warsaw Court and put in Wyoming County Jail in lieu of $3,000 cash bail or bond.

Robert R. Richmond, 55, of Columbia Avenue, Batavia, is charged with trespass. At 4:43 p.m. on April 20, Richmond was arrested on North Street in Batavia after he allegedly entered a building to use the restroom after previously being avvised that he is not welcome on the property. He was processed and released on an appearance ticket. He is due in Batavia City Court on April 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Matthew A. Oakes, 39, and Kailyn M. Oakes, 24, both of Boston State Road, Hamburg, are each charged with these misdemeanors: three counts of petit larceny; three counts of endangering the welfare of a child; and three counts of sixth-degree conspiracy. Between 11:20 and 11:50 p.m. on April 6, 12 and 15, the subjects allegedly stole several cartons of cigarettes from the Two Eagles Smoke Shop on Bloomingdale Road in Basom. They allegedly had their small child with them on each occasion. The parents were arrested, issued appearance tickets and are due in Alabama Town Court on May 8. The case was investigated by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Joshua Brabon, Sgt. John Baiocco, and NYS Police Officer Michael Machniak.

Kayla Frances Twardowski, 29, of Spencer Court, Batavia, is charged with third-degree attempted grand larceny. Twardowski was arrested at 3 p.m. on April 16 after it was alleged that she allowed two fraudulent checks totaling more than $3,000 to be deposited into her bank account. She was issued appearance tickets and is due in Batavia City Court on May 7 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Kyle Krzemien.

Michael Scott VanBuren, 51, Wesley Drive, Akron, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent of higher; moving from lane unsafely; speed not reasonable and prudent. VanBuren was arrested at 5:55 p.m. on April 19 on Knapp Road in Pembroke following the investigation of a motor-vehicle accident. He was released on an appearance ticket and is due in Pembroke Town Court on May 14. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Gary Alfred Rynkowski, 50, of Thomas Avenue, Batavia, is charged with driving while intoxicated with a BAC of .18 percent or greater; DWI; open container; and inadequate plate lamp. On April 20, Rynkowski was arrested at 2:33 a.m. on West Main Street in Batavia following a traffic stop. He is due in Batavia City Court on May 15 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Erik Andre.

Ar-Rahmaan M. Jones, 38, of East Avenue, Le Roy, is charged with driving while ability impaired by alcohol and having an open container of alcohol in a motor vehicle. Jones awas arrested at 10:29 p.m. on April 20 on East Main Street Road in Batavia. It is alleged that while a deputy was checking the welfare of a motorist parked roadside on Route 5 in the Town of Batavia, Jones was found behind the wheel of a vehicle with its motor running. At the time, Jones allegedly was under the influence of alcohol and had an open container of alcohol in the vehicle. He was released on an appearance ticket and is due in Town of Batavia Court on May 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Brabon Joshua.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with second-degree criminal contempt. Rose was arrested after he was allegedly found to have been in the presence of two parties protected by a stay away order of protection at 4:30 p.m. on April 10 on Maple Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Joshua David Capwell, 39, of West Main Street, Batavia, is charged with second-degree harassment and criminal mischief. Capwell was arrested following an investigation into a domestic dispute on West Main Street in Batavia at occurred at 11:45 p.m. on April 18. He was issued a computer-generated appearance ticket and is to be arraigned in Batavia City Court on Tuesday, April 23. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Heidi L. Harder, 43, of Montclair Avenue, Batavia, was arrested on a bench warrant following an unrelated incident. She was located at her residence and taken into custody with incident. After arraignment in Batavia City Court on April 16, she was jailed in lieu of $1,500 cash or bond. She is due to return to city court at a later date. The case was handled by Batavia Police Officer Miah Stevens, assisted by Marc Lawrence.

Willis Floyd Miller Jr., 59, of West Main Street, Batavia, is charged with petit larceny. He was arrested on April 18 and arraigned in Pembroke Town Court at 4:30 p.m. for allegedly stealing tools belonging to his former employer on Dec. 5 on Genesee Street in Pembroke. He was released on an appearance ticket and is due in Pembroke Town Court again on April 30. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Elizabeth Rose George, 28, of Council House Road, Tonawanda Indian Reservation, is charged with: unauthorized use of a vehicle; leaving the scene of a property damage accident; and moving from lane unsafely. George was arrested on April 18. It is alleged that she drove a vehicle on April 18 without the owner's consent and that she was subsequently involved in an accident at 5:13 a.m. on Bloomingdale Road. It is also alleged that she left the scene of the accident. George was issued traffic tickets and released on appearance tickets. The defendant is due in Alabama Town Court on May 8 to answer the charges. The case was handled by Deputy Travis DeMuth, assisted by Deputy Joshua Brabon.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with endangering the welfare of a child and second-degree harassment. Following a domestic incident that occurred at 7:56 a.m. on April 17 on Ellicott Street Road in Pavilion, Matteson was arrested and arraigned at 11:41 p.m. on April 17 in Le Roy Town Court. He was jailed in lieu of $500 cash or $3,000 bond. Genesee County Sheriff's Deputy Eric Meyer handled the case, assisted by NYS Police.

James A. Chase is indicted for the crime of failure to register a change of address, a Class D felony. It is alleged that this convicted Level 3 sex offender failed to register with the NYS Division of Criminal Justice Services within 10 calendar days any change of address, including Internet accounts, Internet access providers or Internet identifiers. In this case, he is accused of not registering a specific email account. In count two, he is accused of the same crime for allegedly not registering a Facebook account that used the screen name of John Chase. In count three, he is accused of the same crime for allegedly not registering an Internet access provider he used, in this case Boost Mobile. In Special Information filed by the District Attorney, Chase is accused of having been convicted of: the crime of failure to register/verify a change of address, as a Class A misdemeanor, on Aug. 18, 2005 in Batavia City Court; failure to register a change of address, a Class D felony, on Sept. 12, 2005 in Town of Oakfield Court; and failure to register/verify change of address, as a Class E felony, on March 10, 2015 in Genesee County Court.

Jacob J. Camerera is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Nov. 18 in the City of Batavia that Camerera knowingly possessed stolen property, in this case one or more firearms, rifles or shotguns -- a Marlin .22-caliber model 60 rifle.

      Kelly Rhim

Kelly J. Rhim, 40, of Colvin Avenue in Rochester, is charged with attempted assault, 1st, and assault, 2nd, for an attack he is accused of perpetrating at 1:05 a.m., Saturday outside of T.F. Brown's in Batavia.

Rhim is accused of stabbing the victim in a parking lot outside the establishment. 

He turned himself in following an investigation by Batavia PD. 

The victim of the alleged stabbing was transported to an area hospital, treated and released.

The investigation was led by Det. Thad Mart, and Batavia PD said no further information about the incident would be released.

Rhim was jailed on $25,000 bail or $50,000 bond.

A 55-year-old Batavia man who was arrested in January 2017 after staff at the Richmond Memorial Library observed him viewing what appeared to be child pornography on library computer entered a guilty plea yesterday in Federal Court to a count of access with intent to view child pornography.

Robert Roy Richmond faces a maximum penalty of 10 years in jail and a $250,000 fine. He will be sentenced Aug. 27 by U.S. District Judge Elizabeth A. Wolford.

An FBI investigator was contacted by local law enforcement after a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

A subsequent forensic examination revealed that there were seven images on the computer which met the definition of child pornography.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

From the Genesee County Sheriff's Office:

On April 15, former Genesee County Correctional Officer Justin M. Gugel was arrested on two charges: petit larceny and criminal possession of a controlled substance in the seventh degree. Both are Class A misdemeanors.

It is alleged that on Jan. 19 while employed at the GC Jail, Gugel stole a controlled substance from medication which had been prescribed and alloted for an inmate.

An investigation was opened after pills were reported missing following a routine medication count in the jail.

Gugel was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on May 7. The case was investigated by GC Sheriff's Investigator Joseph Loftus.