crime

Jerrol P. Newell, 49, of East Main Street, Corfu, is charged with: driving with a BAC of more than .18 percent; driving while intoxicated; following too closely; leaving the scene of a property damage accident; and unlicensed operation. Newell was allegedly driving on Route 33 when his pickup truck struck another car in the area of Wortendyke Road. The defendant did not stop and continued traveling west on Route 33. The operator whose vehicle was struck followed the pickup and called 9-1-1. Newell was arrested following an investigation then released on appearance tickets. Newell is due in Batavia Town Court on May 16. The case was handled by Genesee County Sheriff's Sgt. Ron Meides, assisted by Deputy Kevin McCarthy.

Frank L. Morrison, 37, of Bank Street, Batavia, is charged with second-degree harassment. Morrison was arrested for allegedly spitting on his neighbor following a verbal argument at 2:38 p.m. on April 13 on Bank Street in Batavia. He is to be arraigned in Batavia City Court on April 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Eric Scott Dawson, 29, of 4 N. Spruce St., upper unit, Batavia, is a convicted Level 2 sex offender who is charged with four counts of failure to register a change -- first offense. He is on parole and was being held in Genesee County Jail on a parole violation at the time of his arrest on April 11. Following his arraignment, he was put back in jail on $2,500 bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Det. Eric Hill.

Leanne Marie Tucker, 47, of Shawnee Road, North Tonawanda, is charged with petit larceny and endangering the welfare of a child. At 6:15 p.m. on April 9, Tucker allegedly stole merchandise from a department store on Veterans Memorial Drive in Batavia while in the presence of a person under the age of 17. She was released on an appearance ticket and is due in Batavia Town Court on May 6. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Kara B. Sass, 24, of Coward Road, Byron, is charged with petit larceny. Sass was arrested on April 10 at 7:51 p.m. on an arrest warrant out of Batavia City Court. She was arraigned, then released under supervision of Genesee Justice. She was due back in court on April 11. The original charge stems from a shoplifting complaint at Tops Market in Batavia at 12:53 a.m. on March 30. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Amanda Lyle Mcewan, 25, of South Main Street, Batavia, is charged with: unlawful possession of marijuana; operating a motor vehicle without stop lamps, and operating a motor vehicle without a proper license. At 11:45 p.m. on April 13, Mcewan was arrested on Clinton Street in Batavia following a traffic stop during which a quantity of THC oil was allegedly found in her possession. She is due to return to Batavia City Court on April 24. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. John Baiocco.

Ryan James Monnell, 31, of East Oneida Street, Baldwinsville, is charged with unlawful possession of marijuana and a muffler violation. At 1:39 p.m. on April 9, Monnell was stopped on South Lake Road in the Town of Bergen following the observation of a vehicle and traffic violation. It is alleged that Monnell possessed a quantity of marijuana at the time. He was issued an appearance ticket and is due in Town of Bergen Court on May 8. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Iszon C. Richardson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 17 Richardson entered a dwelling unlawfully on Jackson Street in the City of Batavia with the intention of committing a crime. In counts two and three, he is accused of first-degree criminal contempt, a Class E felony, for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 17. In count four, he is accused of attempted assault in the third degree, a Class A misdemeanor, for allegedly striking the protected party in the face. In count five, he is accused of another count of second-degree burglary for allegedly entering the same dwelling on Dec. 20. In counts six and seven, he is accused of two more counts of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and subjecting them to physical contact or attempting or threatening to do so. In count eight, Richardson is accused of second-degree unlawful imprisonment for allegedly restraining the protected party on Dec. 20. In count nine, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure on the victim's neck. In count 10, he is accused of second-degree burglary for allegedly entering the same dwelling on Dec. 20 on a second occasion. In counts 11 and 12, he is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and on Dec. 16. In count 13, Richardson is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 16.

Shane C. Anthony and Robert N. Pragle are indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on some time between Jan. 2 and Jan. 3 in the Town of Le Roy that the defendants knowlingly possessed stolen property with a value that exceeded $3,000. In count two, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing crack cocaine.

Guillermo Jose Torres-Acevedo, 22, of Batavia, did not appear in Byron Town Court as scheduled this afternoon at 5 o'clock because federal officers picked him up this morning at Genesee County Jail.

He's been in jail since November, accused of taking an underage girl away from her home in Bergen on Nov. 29 and driving her to Pennsylvania.

Torres-Acevedo was arraigned in Federal Court in Buffalo today on a new charge: transporting a minor across state lines for the purpose of engaging in sexual activity.

The defendant is already charged with custodial interference in the first degree, criminal contempt, 2nd, endangering the welfare of a child, plus grand larceny, 3rd, and unauthorized use of a motor vehicle for allegedly stealing the Dodge Journey he is accused of using to transport the girl.

At the time of the November incident, an Amber Alert was issued for the girl, who was later found with Torres-Acevedo at a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Torres-Acevedo was arrested in Pennsylvania without incident and the girl was returned to her parents.

The girl and Torres-Acevedo knew each other and Torres-Acevedo had already been arrested in connection with his relationship with the girl and issued a stay-away order, which he allegedly violated, leading to a criminal contempt charge.

UPDATE 7:45 p.m.: Press release from U.S. Attorney's Office in Buffalo:

U.S. Attorney James P. Kennedy Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, was arrested and charged by criminal complaint with transporting a minor across state lines for sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, states that according to the complaint, on Nov 29 the Genesee County Sheriff’s Office received a report regarding a missing 14-year-old girl (Victim 1). Surveillance video from Byron Bergen Junior/Senior High School showed Victim 1 exiting a school bus at the school and walking to a blue vehicle and leaving the property. Victim 1 had recently been romantically involved with the defendant.

As a result of this, Torres-Acevedo was arrested and charged by the New York State Police three days prior on Nov. 26 with second- degree rape and second-degree criminal sex act. An order of protection was also issued against the defendant.

Further investigation determined that on the morning of Nov. 29, Torres-Acevedo took his mother’s vehicle against her wishes. The vehicle matched the vehicle that Victim 1 was seen to get into in the surveillance video. As a result, an Amber Alert was issued.

Investigators traced Torres-Acevedo and Victim 1 to a truck stop in Pennsylvania. The Pennsylvania State Police were contacted and located Victim 1 and the defendant in the parking lot of a retail store. Torres-Acevedo was taken into custody, and Victim 1 was returned to her parents.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

From the Le Roy Police Department:

A combination of an unusual set of circumstances, DNA technology and old-fashioned police work led to the arrest of 25-year-old Le Roy resident Patrick J. Gonzales by the Le Roy Police Department.

This arrest announced today allegedly solves a two-year-old burglary, which occurred at 1:58 a.m. on March 16, 2017 on Lake Street in the Village.

The burglary occurred when a person entered the victim's building and stole a safe and other items. At the time of the burglary, the alarm activated but the police were accidentally sent to a neighboring business. Because of this error, the patrols found no burglary and were sitting on Wright Avenue talking when a person allegedly identified as Gonzales walked by them, eastbound on Wright Avenue toward Route 19.

The police recognized Gonzales but had no cause to stop him. Once the patrols were advised they were sent to the wrong business, they checked the correct business and located the burglary along with a fresh set of footprints in the snow eventually leading to a wooded area. The footprints were followed and led to the discovery of both the stolen safe and what appeared to be the perpetrator's jacket buried in the snow.

Both were recovered and the footprints were again followed, which led to the same location and direction on Wright Avenue that Gonzales was seen traveling earlier. The footprints led toward a rooming house on Lake Street, in which Gonzales was living at the time. The same footprints were then found on the property of the rooming house.

Eventually enough cause was developed to petition Gonzales to appear in Genesee County Court for a court-ordered DNA test, which was granted in July of 2018. The DNA was secured and compared to DNA evidence found in the jacket buried in the snow and allegedly matched.

During the investigation, Gonzales left New York State twice but returned the first time to surrender his DNA and then returned this past time to turn himself into the Le Roy Police Department and face the charges.

Gonzales was charged with one count each of the Class D felonies of burglary in the third degree and grand larceny in the third degree. He was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Jerry Riley III, 41, of South Main Street, Batavia, is charged with: Driving while intoxicated; DWI with a BAC of .08 percent or more; aggravated unlicensed operator in the first degree; criminal possession of a controlled substance; and failure to keep right. Riley was arrested at 2:25 a.m. on April 6 on Pringle Avenue in Batavia. Following his arraignment in Batavia City Court, he was jailed without bail. He was due to return to city court on April 8. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Ronald Terrance Jackson, 53, of Liberty Street, Batavia, is charged with criminal obstruction of breathing and second-degree harassment. Jackson was arrested at 4 p.m. April 8 on State Street. It is alleged that he pushed another person and applied pressure to their neck during a physical altercation. After his arraignment in Batavia City Court, he was jailed on $1,500 bail, cash or bond. He was due to return to court today (April 9). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Amanda M. Webb, 30, of Maple Street, Batavia, is charged with second-degree reckless endangerment. At 2:49 a.m. on April 8, Batavia polce responded to Maple Street for a domestic incident. Investigation revealed that Webb allegedly threw a knife at a male while he was walking away from the location. She was issued an appearance ticket for Batavia City Court and is due there on April 23. The case was handled by Batavia Police Officer Arick Perkins.

Bobby L. Mobley, 34, of Maple Street, Batavia, is charged with criminal possession of marijuana in the fifth degree. At 2:55 a.m. on April 8, Batavia police responded to Maple Street for a domestic incident. Mobley was allegedly found to possess about 1.8 ounces of marijuana. Mobley was issued an appearance ticket for Batavia City Court and he is due there on April 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Paul Orrie Doctor Jr., 45. of Council House Road, Tonawanda Indian Reservation, was arrested at 5:45 p.m. on April 4 and charged with third-degree criminal tampering. It is alleged that he threw a bag of feces onto a vehicle belonging to another person, causing "a substantial inconvenience." The incident allegedly occurred on Bloomingdale Road. He was issued an appearance ticket for Alabama Town Court and is due there at 6 p.m. on April 24. The case was investigated by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Kyle Krzemien.

Tareq Fouad Saleh, 30, of Plymouth Avenue, Buffalo, is charged with: possessing more than 10,000 unstamped cigarettes; fourth-degree criminal tax fraud; speeding; and not wearing a seat belt -- a violation. He was arrested at 9:22 p.m. on April 3 on Alleghany Road in Pembroke following a traffic stop for speeding. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Patrick Reeves.

Krystal Lee Frye, 29, of West Main Street, Batavia, is charged with fourth-degree grand larceny -- credit card. She was arrested and will be arraigned on April 9 on the charge following an investigation into a stolen wallet. The incident allegedly occurred at 7:40 a.m. on April 1 at an apartment on Maple Street in the city. Frye was released on an appearance ticket. The case was handled by Batavia Police Officer Jason Ivison.

Andrea Marie Gray, 41, of West Main Street Road, Batavia, is charged with second-degree harassment. On April 4 at 3:19 p.m., Gray was arrested at the Genesee County Courts Facility for allegedly engaging in a physical altercation with a male. She was arraigned and released on her own recognizance and is due in Batavia City Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Heyward Clark Jr., 54, of Locust Street, Lockport, was arrested on April 6 on two Batavia City Court warrants after he was identified as a passenger in a vehicle during a traffic stop. He is charged with third-degree burglary -- entry with intent to commit a crime, petit larceny, and criminal mischief -- intent to damage property. The charges stem from an incident on School Street in Batavia at 10 p.m. on Oct. 27, 2016. Clark was jailed without bail and is due back in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Daniel S. Carpenter, 30, of Hickory Manor Drive, Rochester, is charged with: driving while intoxicated as a misdemeanor; moving from lane unsafely; and having alcohol in a motor vehicle. Carpenter was arrested at 10:27 a.m. on April 6 following a one-vehicle rollover crash on Route 19 in the Town of Le Roy. He suffered minor injuries and was released on appearance tickets for Le Roy Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Ryan DeLong.

Walter T. Snell, 31, of Walnut Street, Batavia, is charged with failure to appear. He was arrested at 5:45 p.m. on April 5 on a bench warrant out of Batavia City Court for failing to appear in court. He was jailed in lieu of $1,000 bail and is to return to city court on April 10. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Mitchell Cowen.

Dustin Wyatt Albrecht, 24, of Jay Street, Phelps, is charged with unlawful possession of marijuana and having no restraint system for a backseat passenger between the ages of 4 to 6. Albrecht was arrested at 4:25 p.m. on April 7 on Alleghany Road in Pembroke following a traffic checkpoint. He was released on an appearance ticket and is due in Town of Pembroke Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

A 62-year-old East Amherst man who once owned the Batavia Nursing Home on State Street has been ordered to serve 18 months in Federal prison and pay $2.5 million in restitution along with another $850,000 to the IRS after being sentenced yesterday on his conviction for a willful failure to pay taxes and bank theft.

Marc I. Korn, according to Federal prosecutors, stole money from banks using credit cards and loans. He also failed to pay employment taxes for three quarters in 2009.

In 2008, according to prosecutors, Korn applied for a loan to refinance the Batavia Nursing Home from Fifth Third Bank. The bank provided $3.9 million to Korn and provided him with a credit card. The bank relied on paperwork submitted by Korn to secure the loan. The statement contained numerous falsehoods, including overvaluation of his primary residence. He also provided bank statements that misrepresented his financial holdings.

In March 2009, Korn stopped paying Federal employment taxes. Prosecutors said he instead used those funds for expenses at restaurants, hockey tickets, jewelry, and to pay college tuition for his children.

What was once the Batavian Nursing Home is under new ownership and is now called The Grand Rehabilitation and Nursing Home.

Dorsie J. McGill Jr., 34, of Quaker Hill Road, Elba, is charged with fourth-degree criminal mischief, and second-degree criminal trespass. McGill was arrested at 4:14 p.m. on March 31 on North Spruce Street, Batavia, after allegedly arriving at the home of a family member and kicking the front door in and entering the residence without permission. After arraignment in Batavia City Court, he was jailed in lieu of $1,500 cash or bond. He was due back in court on April 1. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Matthew Wojtaszczyk.

Ryan James Wetsell, 25, address unspecified, of Batavia, is charged with second-degree harassment. At 9:30 p.m. on March 28, he allegedly grabbed another person and struck them in the face while at a hotel on Federal Drive in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on April 22. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kevin Forsyth.

Paula A. Cipro, 51, of Tracy Avenue, Batavia, is charged with criminal possession of stolen property in the fourth degree -- use of a stolen credit card, and petit larceny. Cipro was arrested following an investigation into the use of a stolen credit card at Northside Deli. The alleged incident occurred at 1:01 p.m. on March 21. She was released on an appearance ticket and is due in Batavia City Court on April 9 to answer the charges. The case was handled by Batavia Police Officer Jason Ivison.

Christine A. Wark, 34, of School Street, Le Roy, was arrested April 1 at 4:32 p.m. on a bench warrant out of Batavia City Court. She allegedly failed to appear in court on Nov. 28 on two misdemeanor traffic charges. She was arraigned and released under supervision of Genesee Justice and was due back in court today (April 3). The case was handled by Batavia Police Officer Christopher Lindsay.

Shawn W. Cross, 48, of Le Roy, is identified as the man who suffered a severe head injury following an incident late Saturday afternoon in which he exited a moving vehicle on Lake Street in the Village of Le Roy. He remains in critical condition at Strong Memorial Hospital in Rochester.

The driver, Lorie A. Litolff, 57, of Craigie Street, Le Roy, is accused of leaving the scene of a serious injury accident, a felony.

She is also charged with DWI, failure to report an accident with injuries, driving without an ignition interlock device, and failure to submit to a breath test.

Litolff was jailed on $10,000 bail.

Several witnesses were interviewed and Le Roy police believe Litolff and the victim were engaged in a verbal argument prior to the man exiting the vehicle.

When he exited, according to witnesses, he lost his balance and fell, striking the pavement, which is the cause of at least some of Cross's injuries.

For previous coverage, click here.

For initial post, click here.

Our news partner WBTA contributed to this report.

Richard White Jr., 37, of High Street, Brockport, is charged with: second-degree vehicular assault; aggravated unlicensed operation in the first degree; operating a motor vehicle with a BAC of .08 percent or more; driving while intoxicated; operating a motor vehicle while impaired by drugs; driving while ability impaired by alcohol and drugs conbined; and following too closely. White was arrested April 1 at 6 p.m. and arraigned in Byron Town Court. His arrest follows an investigation into a crash that occured at 7:07 p.m. on Feb. 15 at 6385 N. Bergen Road, Byron. It is alleged that White drove while his license was suspended and got in a crash while he was intoxicated. His passenger sustained a serious physical injury. Following arraignment, he was released on his own recognizance and is due back in Byron Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

Ronnie J. Sumeriski, 37, of Batavia, was arrested on March 28 by Wyoming County Sheriff's Deputy Aaron Chase on Route 98 in the Town of Orangeville following a traffic stop. He is charged with criminal possession of a controlled substance in the seventh degree. Sumeriski was stopped for allegedly having a tinted license plate cover and inadequate plate lamps, making the rear license plate barely visible. After a roadside investigation, Sumeriski was allegedly found in possession of a THC vape cartridge containing concentrated cannibis. Sumeriski is also charged with inadequate plate lamps and obstructed license plate. He was released with appearance tickets and is due in Town of Sheldon Court on May 6.

Vidal Chavez, 63, of Oakfield, was arrested on March 26 by Wyoming County Sheriff's Deputy Aaron Chase on Route 20A in Sheldon following a traffic stop. Chavez was found to be operating a vehicle with a suspended registration due to insurance lapse, an unclassified misdemeanor. He was released with an appearance ticket returnable to Town of Sheldon Court on April 15.

Laura J. Reed, 27, of East Main Street, Batavia, is charged with second-degree harassment. Reed was arrested at 10:22 p.m. on March 25 after a disturbance at 160 Bank St. She was processed and is due to be arraigned in Batavia City Court on April 2. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Valentin Brito III, 21, of Seven Springs Road, Batavia, is charged with trespass. It is alleged that after being issued a written trespass warning, Brito returned to College Village at 4:05 p.m. on March 31, in violation of the written warning. He was issued an appearance ticket and is due in Town of Batavia Court on April 8. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Joshua Brabon.

Andrew Michael Pridmore, 34, of Mechanic Street, Elba, is charged with: driving while intoxicated; operating a motor vehicle with a BAC of .08 percent or more; and speed not reasonable and prudent. On March 30, following a complaint of a property damage accident at 2:13 a.m. on Byron Road in the Town of Byron, Pridmore was arrested. He was issued appearance tickets for Town of Byron Court and is due there on April 15. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Tyler Michael Powers, 21, of Frederica Street, North Tonawanda, is charged with second-degree contempt. He was arrested after an investigation into an incident in the City of Batavia. He allegedly disobeyed a court mandate. Powers was arraigned in City of Batavia Court and jailed in lieu of $500 cash or $1,000 bond. He was due to return to court on March 29. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Kevin Wayne Howard, 19, of Swan Street, Batavia, is charged with promoting prison contraband in the first degree. Howard was arrested while being processed at the GC Jail on March 21 after he was allegedly found in possession of a dangerous drug upon entering the facility. He was arraigned in Batavia City Court on March 28 then jailed in lieu of $1,000 cash or bond. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Deputy  Matthew Burgett.

Joseph J. Kuzma, 39, of North Spruce Street, Batavia, is charged with criminally possessing a hypodermic instrument. During a home visit at 10:32 a.m. on March 29 by GC Probation, Kuzma was allegedly found in possession of nine hypodermic instruments. He was arraigned in Batavia City Court and put in jail in lieu of $2,500 cash bail. The case was handled by Batavia Police Officer Frank Klimjack.

Jacob J. Sponaugle, 20, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. At 10:40 a.m. on March 30, Sponaugle was arrested at his residence on Liberty Street in Batavia after a search by GC Probation. He was issued an appearance ticket and is due in Batavia City Court on April 9 to answer the charge. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

       Lorie Litolff

Lorie A. Litolff, 57, of Craigie Street, Le Roy, has been accused of leaving the scene of a serious injury accident following an incident on Lake Street, Village of Le Roy, at 5:05 p.m. Saturday where a man exited a moving vehicle and suffered a head injury.

The charge of leaving the scene of a serious injury accident is a felony.

She is also charged with DWI, failure to report an accident with injuries, driving without an ignition interlock device, and failure to submit to a breath test.

Litolff was jailed on $10,000 bail.

The name of the victim has not been released and there's no current information available on his condition.

The investigation is being led by Sgt. Emily McNamara, who reports that police have yet to determine why the victim exited the vehicle while it was moving but believe he did so voluntarily. 

Several witnesses were interviewed and police believe Litolff and the victim were engaged in a verbal argument prior to the man exiting the vehicle.

When he exited, according to McNamara, he lost his balance and fell, striking the pavement, which is the cause of at least some of the victim's injuries.

After the victim exited the vehicle, witnesses said the dark-colored, small SUV continued northbound on Lake Street.

Witness descriptions helped police identify and locate the vehicle. Litolff is accused of driving the SUV at the time of the incident, which occurred in the area of 78 Lake St.

Multiple witnesses attempted to render first aid to the victim. He was transported to an area hospital by Mercy Flight.  

Le Roy ambulance and Le Roy fire assisted at the scene.

Previously: Man reported to fall out of vehicle on Lake Street, Le Roy

A  caller reports a large number of people fighting in the area of Brooklyn Avenue and Pearl Street in the city. Batavia PD is responding.

UPDATE (by Howard): When patrols arrived, most of the people in the area had dispersed, several by vehicle.

     Jacqueline Saeli

The ex-boyfriend of a Pembroke woman who destroyed his Harley-Davidson motorcycle in a garage fire Jan. 6, 2018, let Judge Charles Zambito know today that he wasn't happy the 53-year-old woman is able to avoid jail time as part of her plea agreement.

"What kind of lesson will she learn with no prison time or no jail time?" asked Ben Reuben. "Local jail time would be an education for stopping her from doing something like this again."

Zambito told Jacqueline Saeli that both the probation department and Sheriff's Office investigators recommended jail time for her, but in order to send her to jail, he would have to allow her to withdraw her guilty plea and take the case to trial.

He said he wasn't inclined to send her to jail because she has paid $10,000 in restitution. She has a 30-year career caring for other people as a nurse and no prior criminal record. Saeli has successfully completed alcohol abuse treatment on her own.

All of those factors figured into his decision, Zambito said.

Saeli's attorney requested three years probation but Reuben and District Attorney Lawrence Friedman both said they thought five years probation was more appropriate. Zambito agreed that the case called for at least five years probation.

"This case isn't just about you and the victim," Zambito said. "This crime put at risk an entire neighborhood. You set a shed on fire out of anger at your boyfriend. That required volunteer firefighters and the police to show up and deal with a substantial fire. These firefighters are people who are there to serve you and your community and you put them all at risk. What if a volunteer had had a heart attack? How would you have felt if somebody had died because of what you did?"

Though Zambito couldn't send Saeli to jail, he did order to serve 200 hours of community service over the next 18 months and fined her $1,000.

Before being sentenced, Saeli had told Zambito that she was raised by her grandmother who instilled in her a sense of integrity, honesty and accountability, and that "you always do your best to help others."

She said the Jan. 6 incident was prompted by what she thought was a betrayal by two people she trusted. She said she was hurt and distraught and she admitted to drinking that night.

"I can't take back what I've done," Saeli said. "I've lived with regret and shame every day since. I can't believe I did this to somebody I loved. I wish I could take this back but I can't."

Saeli and Reuben didn't look at each other as she left the courtroom.

     Sylvan Grayson

On March 25, the Le Roy Police Department arrested 19-year-old Sylvan P. Grayson, of Myrtle Street, Le Roy, and charged him with one count each of burglary in the second degree, a Class C felony, and grand larceny in the fourth degree, a Class E felony.

The arrest stems from a complaint that during the evening hours of March 4, people unlawfully entered a residence on Lake Street in Le Roy with intent to commit a crime and stole property while the tenants were away. It is alleged that Grayson stole more than $1,000 worth of property. 

He was arraigned in Le Roy Town Court and released on his own recognizance.

Thomas L. Crawford, 29, of Dorstone Road, Rochester, is charged with third-degree assault -- intent to cause physical injury. Crawford was arrested at 2:30 p.m. on March 25 on Liberty Street in Batavia after he allegedly struck a person in the forehead during an argument, causing a large laceration. He was arraigned in Batavia City Court and jailed in lieu of $2,500 bail. He was due back in city court on March 27. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Ryan Christopher Northup, 35, of Chamberlain Street, Rochester, is charged with: aggravated unlicensed operation in the second degree -- mandatory suspension; operating a motor vehicle with without a required ignition interlock device; leaving the scene of a property damage accident; and unlicensed driver -- license revoked. On March 24 in the Town of Bergen, Northup was arrested during a vehicle checkpoint conducted by GC Sheriff's deputies on Route 33. It is alleged that Northup, while attempting to avoid the checkpoint, pulled into a driveway and missed it, striking a drainage culvert and causing damage. He then left the scene of the accident and was arrested at 4:36 p.m. He was arraigned in Town of Bergen Court and put in jail on $1,000 cash bond. He is due in Town of Bergen Court on April 17 to answer the charges. The case was handled by GC Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth. Subsequent to his arrest on the above charges, Northup was arrested at the jail and charged with introduction of dangerous contraband into a prison in the first degree and criminal possession of a controlled substance in the seventh degree. On March 24, while being processed at the jail, Northup was allegedly found with a white substance tucked into his wallet. He was arraigned in Batavia City Court and put in jail on those two charges without bail. He is due back in city court at a later time and date. The contraband case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Andrew Hale.

Teesean T. Ayala, 20, of Walnut Street, Batavia, is charged with second-degree burglary. Ayala was arrested March 19 on a grand jury warrant following an investigation into a residential burglary that occurred on Hutchins Street in Batavia at 9 p.m. on Aug. 2. Ayala was jailed without bail and is due in Genesee County Court in May. The case was investigated by Batavia Police Det. Thad Mart.

Laura L. Dutton, AKA Laura Godlewski, AKA Laura L. Godlewski Dutton-Pontillo, AKA Laura Dutton, is indicted for the crime of filing a false instrument in the first degree, a Class E felony. It is alleged that on May 4 at the Genesee County Clerk's Office that Dutton filed a NYS Pistol-Revolver license application knowing that it contained false information, and with intent to defraud she offered it to a public servant for filing to become part of the public records.

Dennis S. Rogers Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 3 in the Town of Pembroke that Rogers drove a 2003 Chevrolet on Route 5 while he was intoxicated. In count two, Rogers is accused of DWI, per se, as a Class E felony, for having a BAC of .08 percent at the time. In count three, the defendant is accused of aggravated unlicensed operation in the third degree for driving that day when his license was suspended or revoked. In Special Information filed by the District Attorney, Rogers is accused of having been convicted of DWI as a misdemeanor on June 30, 2011 in County of Monroe Court and also on Sept. 16, 2002 in City of Rochester Court. Those convictions and an additional suspension of Rogers's privilege to drive on July 27 last year, based on failure to pay child support, forms the basis for the suspension or revocation referred to in count three of the current indictment.

    Nikki Stonebraker      Marquise Lee      Angela Bateman      Derek Wilcox

      Joseph Burr

 

 

Probation officers reportedly found 56 bags of crack cocaine along with drug paraphernalia and drug packaging material during a check of a residence on Liberty Street, Batavia, yesterday and as a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force, five people were arrested and charged with multiple crimes.

Investigators reported also finding unidentified pills and currency.

Charged were:

• Marquise L. Lee, 36, of Hobart Street, Rochester, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia 2nd;
• Angela R. Bateman, 46, of East Main Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
• Nikki L. Stonebraker, 30, of Liberty Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, endangering the welfare of a child;
• Joseph T. Burr, 25, of North Lyon Street, Batavia, arrested on a warrant for alleged violation of probation and charged with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
• Derek E. Wilcox, 30, of Congress Avenue, Rochester, criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd.

All five suspects were arraigned in Batavia City Court.

Lee was ordered held without bail. Ball was set at $50,000 or $100,000 bond for Burr, who was also ordered held on $5,000 bail for the violation of probation charge. The other three suspects had their bail set at $50,000 cash or $100,000 bond.

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

The way career-criminal Edward F. Perdue, 58, seemed to figure it when he walked into County Court today, unless he could persuade Judge Zambito to be a bit lenient with him, he won't get out of state prison until he's 67 years old.

Perdue, arrested in Batavia for entering the backrooms of local liquor stores and stealing cash and credit cards, is currently serving three to six years in the Orleans Correctional Facility on a burglary conviction in Monroe County.

Zambito's choice today was to send him to prison, based on his guilty plea to grand larceny, 4th, in November, for either one and a half to three years or for two to four. Perdue added another twist with his own request of the judge: make his Genesee County sentence concurrent to his Monroe County sentence.

The reason the five-time felon should get a break, according to the felon himself, is that he tipped police to a threat against the life of District Attorney Lawrence Friedman. Perdue said he overheard another inmate on a bus make a threat against Friedman (whose name he kept pronouncing "fryedman" and noted that "I never saw him before today").

"I'm not asking to be released," Perdue said. "I'm asking for my time to be concurrent with the time I'm doing now. I just happened to be in the right place at the right time."

During his talk with the judge, Perdue claimed both that officers did not talk with him about his tip and he also said he spoke with investigators and provided them with the name of the person who he said made the threat.

"The cops said they would help me," he said.

"The detectives said they would come and talk with me and they never did," he said.

"The cops said they would talk with me and I would rather talk with them," he said.

He indicated he thought he deserved a break because he's been labeled a snitch in Orleans.

Friedman, outside of court, said state authorities did investigate Perdue's allegations and found the allegations unfounded.

Zambito noted during sentencing that Friedman asked for the maximum term for Perdue and never mentioned giving him any consideration for his cooperation with police, and without evidence of Perdue's claims, he said he couldn't really consider the request.

What he could consider is Perdue's criminal record going back to 1976 and includes multiple burglaries and other property crimes, a criminal contempt and a manslaughter conviction.

"You're a career criminal," Zambito said. "A career thief." 

He told Perdue, "there's no reason not to give you the maximum allowable sentence and hope that protects society."

The sentence: two to four years consecutive with the term Perdue is currently serving.

Perdue will, in fact, likely spend his 67th birthday in prison.

"I never burglarized anything," Perdue said before he was led from court in a statement that garnered no response from Zambito."Isn't a burglary when you break into some place? I just walked into the backroom of places."

Juaquin E. Davis, 23, of East Main Street, Batavia, is charged with first-degree criminal contempt -- physical contact; first degree criminal contempt -- with a previous conviction within five years; and second-degree burglary -- illegal entry to a dwelling. Davis was arrested on March 21 after an alleged domestic incident on Thomas Avenue in Batavia on March 18 against a person with a complete stay away order of protection. Davis was arraigned in Batavia City Court then jailed in lieu of $5,000 bail. He was due back in city court on March 22. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Henry L. Banks, 49, of Ross Street, Batavia, was arrested at 12:49 a.m. on March 24 on Ellicott Street in Batavia. He was stopped for a traffic violation and it was shown that a bench warrant for his arrest was issued by Batavia City Court. He was processed and arraigned in city court, then jailed in lieu of $2,500 bail or $5,000 bond. He was due back in city court this afternoon (March 25). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Stephen Cronmiller.

Aisha I. Culver, 20, of Thomas Avenue, Batavia, was arrested on a Batavia City Court warrant March 17 after she failed to appear in court on a traffic summons. Culver had previously been charged with: aggravated unlicensed operation of a motor vehicle in the third degree; operating a motor vehicle with a suspended registration; and various other traffics infractions. She was released on her own recognizance. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Jason Ivison.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with: criminal possession of marijuana in the fourth degree -- weight more than two ounces; and criminal possession of a controlled substance in the seventh degree. Rose was arrested at 10:45 a.m. on March 22 following a search by the Probation Department of his residence. He was allegedly found in possession of marijuana and miscellaneous drug paraphernalia. Rose was arraigned in Batavia City Court and jailed in lieu of $1,500 cash or $2,000 bond. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Marc Lawrence.

Amanda Marie Bowles, 33, of State Street, Batavia, is charged with: second-degree forgery -- four counts; first-degree identity theft -- four counts; criminal possession of stolen property in the fourth degree -- five counts; and one count of third-degree identity theft. Following an investigation of multiple credit cards stolen out of the Town of Batavia, Bowles was arrested on March 20 for allegedly using the stolen credits cards at multiple locations around the City of Batavia. She also allegedly completed some transactions by forging the signature of the credit card owner. She was arraigned on March 21 in Batavia City Court and jailed without bail. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Woodrow Clarence Horseman, 43, of Porter Avenue, Batavia, is charged with fourth-degree grand larceny and petit larceny. He was arrested March 22 for allegedly stealing a wallet at 5 a.m. on March 21 at a location on West Main Street Road, Batavia. The wallet contained nine credit cards and other personal documents. He was arraigned in Batavia Town Court and put in GC Jail on $2,500 cash or bond. He is due back in court on April 9. The case was handled by Genesee County Sheriff's Deputy James Stack.

Yacuzzo Salvatore, 73, of Oak Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 12:30 p.m. on March 21 on Red Mill Road, Le Roy, for allegedly violating a stay away order of protection. He was issued an appearance ticket for Le Roy Town Court and is due there April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Richard Dean Neal, 29, of Roosevelt Highway, Kent, is charged with fourth-degree criminal mischief. Neal was arrested on March 18. It is alleged that at 5:28 p.m. on March 16 that he damaged another person's vehicle while in the Walmart parking lot. He was released on an appearance ticket for April 1 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Aaron Lee Heale, 38, of North Lake Road, Bergen, is charged with: introducing dangerous contraband into prison in the first degree; fifth-degree conspiracy; and falsifying business records in the first degree. On March 14, Heale allegedly conspired to have drugs brought into the Genesee County Jail. He is currently incarcerated there. He is due in Batavia City Court tomorrow (March 25) to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Amethyst Rose McCracken, 31, of North Lake Road, Bergen, is charged with: introducing dangerous contraband into prison in the first degree; criminal possession of a controlled substance in the seventh degree; and fifth-degree conspiracy. It is alleged that at 9:48 p.m. on March 14, that she brought drugs into the GC Jail. She was arraigned in Batavia City Court on March 23 and is due back there tomorrow (March 25). The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Joseph G. Sumeriski, 27, of Batavia, was arrested by deputies of the Wyoming County Sheriff's Office on March 16 in the West Municipal Parking Lot in the Village of Warsaw on a warrant for allegedly failing to pay restitution ordered by Warsaw Village Court. He was arraigned in Village of Warsaw Court then posted cash bail. Warsaw police assisted at the scene. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan and Deputy John Button.