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Law and Order: Irving Parkway man accused of unlawfully tapping into Oakfield village water line

By Billie Owens

Brian Carl Falk, 36, of 12 Irving Parkway, Oakfield, is charged with second-degree criminal tampering. On Feb. 26, the Genesee County Sheriff's Office was contacted by the Village of Oakfield Department of Public Works for the report of a larceny. It was alleged that a resident in the village unlawfully made a connection with the main water line to his residence after being advised that the connection was terminated. Following an investigation, it is alleged that Falk, without having any right to do so, nor any reasonable ground to believe he had such right, made a connection with the Village of Oakfield's water line. He was issued an appearance ticket and is due in Town of Oakfield Court at 6 p.m. on Monday, March 4, to answer the charge. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong.

Ronald G. Besemer-McLean, 37, of Portland Parkway, Rochester, was arrested on Saturday, March 2, by the Le Roy Police Department and charged with: one count of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony; one count of tampering with physical evidence, a Class E felony; and one count of resisting arrest, a class A misdemeanor. On Saturday at approximately 8:12 a.m. the on-duty patrol was requested to respond to the area of Route 19 and the onramp to the Thruway entrance for the report of a subject passed out at the wheel of a vehicle in that area. Upon arrival, the officer found Besemer-McLean asleep in the driver’s seat. During the investigation, it is alleged that he drove there after leaving an unknown location in Greece. Besemer-McLean has a revoked NYS driver’s license. When attempting execute the arrest, Besemer-McLean allegely failed to comply with the officer’s orders and a struggle ensued. Besemer-McLean allegedly took an item that was evidence pertaining to the investigation, placed it in his mouth and swallowed it. A portion of the investigation was conducted by members of the Genesee County Sheriff’s Officer and NYS Police also assisted. Additional charges are pending. After arraignment in Le Roy Town Court, Besemer-McLean was jailed in lieu of $15,000 bail. He is to return to the Le Roy Town Court on March 5 to answer to the charges. The report says: "The Le Roy Police Department would like to say a special thank you to the citizens that took the time to stop and assist the officer."

Philip Joseph Severino, 42, of Pratt Road, Pembroke, is charged with second-degree assault and endangering the welfare of a child less than 17 years old. Severino was arrested March 1 after an investigation into a domestic incident involving an assault victim and two children that occurred at 4:30 p.m. on Feb. 20 on Pratt Road in Pembroke. After his arraignment in Town of Batavia Court, the defendant was jailed in lieu of $2,000 cash or $4,000 bond. He is due Town of Pembroke Court on March 12. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Deputy Mathew Clor.

Lawrence John Isaac, 66, of Brant Reservation Road, Irving, is charged with second-degree harassment -- physical contact. Following an incident that occurred on Bloomingdale Road on the Tonawanda Indian Reservation on Feb. 16, Isaac was arrested on Feb. 28. It is alleged that he shoved a person while at the Community Center. He was arraigned in Town of Alabama Court and is due to return there on March 7. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Eric J. Bratcher, 30, of Fargo Road, Stafford, was arrested on March 1, 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 harassment in the second degree, a violation. The Le Roy Police Department investigated a complaint alleging that Bratcher made threats to harm another individual, at the time the incident occurred Bratcher was holding an 18-month-old child. After a brief investigation, Bratcher was located and taken into custody without incident. Bratcher was arraigned in the Le Roy Town and released under supervision of Genesee Justice. He is to return to the Le Roy Town Court on March 14 to answer to the charges.

Jessica R. Sylvester, 26, of Myrtle Street, Le Roy, was arrested on Feb. 28 by the Le Roy Police Department and charged with three counts of criminal contempt in the second degree, a Class A misdemeanor. The Le Roy Police Department investigated a complaint alleging that on three occasions Sylvester violated a court order restricting her contact with the victim. Sylvester was arraigned in the Le Roy Town Court and released under supervision of Genesee Justice. She is to return to the Le Roy Town Court on March 14 to answer to the charges.

Derrick E. Pickard, 59, of Genesee Street, Le Roy, was arrested on March 1 by the Le Roy Police Department and charged with: one count of driving while impaired by drugs, a misdemeanor; one count of consumption of alcohol in a motor vehicle, a violation; and one count of failure to keep right, a violation. On March 1 at about 11:24 a.m. the Le Roy Police Department was notified by an off-duty patrol that they had almost been struck head on and had the operator of the vehicle detained. It is alleged that Pickard failed to maintain his lane while operating his motor vehicle, almost causing an accident. Following a brief investigation, it was determined that Pickard was allegedly operating the motor vehicle under the influence of drugs. He was taken into custody without incident. He was issued several tickets and turned over to a family member. Pickard is to appear in the Le Roy Town Court on March 14 to answer the charges.

Jason Jonathan Forte, 47, of Trelawne Drive, Irondequiot, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; and failure to yield the right of way when entering the roadway. Forte was arrested following the investigation of a motor-vehicle accident which occurred at 7:48 p.m. on Feb. 28 on West Main Street Road in Batavia. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Mathew Clor.

Elizabeth Mary Johnson, 39, of Batavia, no address noted, is charged with: driving while intoxicated with a BAC of .08 percent or more and drinking alcohol in a motor vehicle on a highway. Johnson was arrested at 1:24 a.m. on March 2 on Indian Falls Road in Pembroke after she was allegedly found by law enforcement while she was asleep in a motor vehicle with its engine still running. Johnson is due in Town of Pembroke Court on March 21 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Vehicle reported stolen at Walmart

By Howard B. Owens

County patrols have been told to be on the lookout for a 2007 blue Hyundai Sonata​ that was reported stolen at about 12:30 p.m. from the parking lot of Walmart.

The driver who left in the vehicle is described as a white male, late 40s or early 50s, wearing a white jacket.

The vehicle was last seen southbound on Route 63.

Law and Order: Man arrested on bench warrant, Rochester man accused of driving on suspended license

By Billie Owens

Michael L. Jackson, 38, no address provided, was charged at 10:45 a.m. on Dec. 3 with aggravated unlicensed operation of a motor vehicle in the second degree and unlicensed operation of a motor vehicle. He was arrested at or near the JCPenney store in Batavia City Centre, arraigned in Batavia City Court and released on his own recognizance. He was to appear in city court at 9 a.m. on Jan. 10 to answer the charge. Then at 7:30 p.m. on Dec. 18, he was arrested at the Sav-A-Lot grocery store on Ellicott Street in Batavia and charged with petit larceny. He was also to appear in city court at 9 a.m. on Jan. 10 to answer the second charge. When he failed to appear at the appointed time in city court to answer the charges, an arrest warrant(s) was issued for him. He was subsequently arrested on the warrant(s) by the Genesee County Sheriff's Office and turned over to Batavia police. After his arraignment at 4:47 p.m. on Feb. 25, he was jailed in lieu of an unspecified amount of bail and is due in city court Thursday (Feb. 28). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Felicia DeGroot.

Othello Garwo, 19, of Halford Street, Rochester, is charged with: operating a motor vehicle while registration suspended; unlawful possession of marijuana; unlicensed operator; and driver's view obstructed. At 2:26 a.m. on Feb. 26, Sheriff's deputies conducted a traffic stop on Clinton Street Road in Stafford (Route 33) and Garwo was arrested on the charges. He was issued an appearance ticket and is due in Stafford Town Court on March 28. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Andrew Mullen.

Robbery at Speedway, suspect in custody

By Howard B. Owens
       Daryl Leach

A robbery at the Speedway at Oak and Main in Batavia was reported at about 9:55 p.m., Tuesday.

Det. Eric Hill said Daryl Leach, 37, of State Street, Batavia, has been identified as the suspect and taken into custody.

Leach, who is currently on parole, made off with an undisclosed amount of cash.

The suspect was found at a location on Swamp Road and taken into custody with the assistance of NYS Parole and the Sheriff's Office.

It's believed Leach acted alone.

Nobody was hurt in the robbery.

In October 2003, Leach was sent to prison by a judge in Livingston County on a 12- to 15-year sentence on convictions for grand larceny, 4th, attempted robbery, 1st, attempted assault, 1st, and robbery, 3rd. He was released from prison in July with parole lasting into 2023. He also had an attempted robbery conviction in 1999.

Law and Order: Man accused of bringing cocaine into jail, driving while impaired by drugs

By Billie Owens

Brian Andrew Simpson II, 38, no permanent address, is charged with: promoting prison contraband in the first degree, which is a felony; criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia in the second degree; driving while ability impaired by drugs; unlawful possession of marijuana; and a window tint violation. At 11:04 a.m. on Feb. 12, Simpson was stopped on Ellicott Street in the City of Batavia following the alleged observation of a vehicle and traffic violation. After an investigation, the defendant was allegedly found to be driving while impaired by drugs. After Simpson's arrest, he was processed at the Genesee County Jail and allegedly found to possess drug paraphernalia and a white powdery substance identified as cocaine. Simpson was arraigned in Town of Batavia Court and jailed without bail. In the same incident, his passenger was charged with unlawful possession of marijuana: Walter S. Bennett, 29, no address noted, of Rochester, was issued an appearance ticket for City of Batavia Court. The case was investigated by Deputy Ryan DeLong, assisted by Deputy Lonnie Nati, and other members of the Genesee County Sheriff's Office, including Corrections officers.

Paul G. Avery, 41, of Indian Falls Road, Pembroke, is charged with: driving while intoxicated; aggravated DWI wwith a BAC of .18 percent or more; throwing trash on a highway; driving left of pavement marking; and failure to keep right on a highway with four lanes or more. Avery was arrested at 9:21 p.m. Feb. 23 on West Main Street Road in Batavia following a traffic stop. Avery is due in Batavia Town Court on March 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Dpeuty Lewis Henning.

Nathan S. Bowes, of Buffalo Street Road, Alexander, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; and moving from lane unsafely. He was arrested at 6:41 p.m. on Feb. 23 following the investigation of a motor-vehicle accident in the Town of Alexander. He was released on an appearance ticket and is due in Alexander Town Court on March 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Joseph Dimitri Rivera, 36, of Cole Avenue, Gates, is charged with unlawful possession of marijuana. Rivera was arrested on the charge at 4:30 p.m. Feb. 24 on Lake Avenue in Bergen following a traffic stop. He is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Kelly Anne Vanbortle, 32, of Parkwood Lane, Hilton, is charged with unlawful possession of marijuana. It is alleged that she possessed a quantity of marijuana and a glass smoking pipe with burnt marijuana residue following a traffic stop at 5:14 p.m. Feb. 23 on Clinton Street Road, Bergen. She was issued an appearance ticket and is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Law and Order: Linwood Avenue man charged with aggravated unlicensed operation of a vehicle

By Billie Owens

Phillip P. Heale, 40, of Linwood Avenue, Batavia, is charged with aggravated unlicensed operation in the second degree and inadequate or no stop lamps. Heale was arrested at 3:54 p.m. on Feb. 17 on Cedar Street in Batavia after he was allegedly observed driving a vehicle and he has a suspended driver's license. Additionally, he was ticketed regarding the stop lamps. He was arraigned in Batavia City Court and is due to return there at a later date. The  case was handled by Batavia Police Officer Stephen Quider.

Michael E. Weichman, 24, of Pratt Road, Batavia, is charged with petit larceny and criminal possession of a hypodermic instrument. Weichman was arrested at 12:30 p.m. on Feb. 23 at Tops Market in Batavia after he allegedly attempted to leave the store with a cart full of items which he did not pay for. He was also allegedly found in possession of a hypodermic instrument at the time of his arrest. He is due in Batavia City Court on Tuesday, Feb. 26. The case was handled by Batavia Police Officer Mitchell Cowen.

Brittany L. Bolton, 18, of Cedar Street, Batavia, is charged with petit larceny. She was charged after a complaint of a larceny of a gold chain from a vehicle. The defendant turned herself in at Batavia Police Department headquarters and was processed. She was issued an appearance ticket for Batavia City Court and is due there Tuesday, Feb. 26. The case was handled by Batavia Police Officer Darryle Streeter.

Three people arrested on drug charges on Hutchins Street after task force executes search warrant

By Billie Owens
      Darius L. Jones        Lynda Harris

The Genesee County Local Drug Enforcement Task Force announced the arrest of three people on Friday morning on Hutchins Street in the City of Batavia.

Arrested were:

  • Darius AKA "D" L. Jones, 27, of Dewey Avenue, Rochester, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance, 7th, a Class A misdemeanor;
  • Lynda Harris, 59, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and unlawful possession of marijuana, a violation;
  • and Jenna M. Morrill, 25, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the Drug Task Force and the Batavia Emergency Response Team executed a search warrant at a residence on Hutchins Street. Subsequently, Jones was allegedly found in possession of a quantity of fentanyl, crack cocaine and U.S. currency. Harris was allegedly found in possession of a quantity of crack cocaine and marijuana. Morrill was allegedly found to possess a quantity of crack cocaine and she was issued an appearance ticket.

Jones and Harris were arraigned in Batavia City Court. Then Jones was put in Genesee County Jail with no bail and Harris was released under supervision of Genesee Justice.

The Drug Task Force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. It investigates the possession, transportation and sale of narcotics locally.

Members were assisted by Batavia police officers, the Batavia Emergency Response Team and the Genesee County District Attorney's Office.

Law and Order: Cone Street woman charged with two counts of grand larceny

By Billie Owens

Kayleigh Marie Perez, 29, of Cone Street, Batavia, is charged with two counts of fourth-degree grand larceny, a Class E felony. She was arrested on Feb. 21 for two crimes. In the first incident, she allegedly stole a debit card from Walmart at 7:49 p.m.. on Jan. 13 and used it at several locations. Perez was released on an appearance ticket returnable to Batavia Town Court on March 7. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Mathew Clor. In the second incident, she allegedly stole a credit card from a resident who lives on Main Street in Oakfield. She was also released on an appearance ticket for that and is due in Oakfield Town Court on March 11. The Oakfield case was handled by Deputy James Stack, assisted by Deputy Minuto.

Jeremy Ryan Eaton, 41, of Ellicott Street, Batavia, is a registered Level 2 sex offender who is on parole and is accused of failure to register a change with authorities as specified in NYS Correction Law 168-F, Section 4 (Must register within 10 days any change of residence, employment, Internet account access provider, enrollment or attendance at any institution of higher education.) Eaton was being held in GC jail on a parole violation at the time of his arrest on Feb. 4. Following his arraignment in Batavia City Court, he was put back in jail with no bail. He is due in city court again at 11 a.m. on March 21. The case was handled by Batavia Police Det. Eric Hill.

Christian Dean Boyce, 55, of Watson Road, Elba, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed driver; operating a motor vehicle out of class; and unregistered motor vehicle. At about 8:30 a.m. on Feb. 9, Boyce was arrested following a traffic stop on North Byron Road in Elba. It is alleged that the defendant had an arrest warrant and a bench warrant out of Town of Elba Court and that he was operating a tractor-trailer without a license. Boyce was recognized by Genesee County Sheriff's Deputy Jeremy McClellan, who initiated the traffic stop. Boyce was arraigned in Town of Batavia Court and put in jail in lieu of $500 cash bail. He was due in Town of Elba Court on Feb. 20 to answer the charges. Deputy McClellan was assisted in the case by Deputy Christopher Erion.

Jill M. Turner, 36, of Burke Drive, Batavia, is charged with dog running at large. It is alleged that she allowed her dog to run at large onto her neighbor's property on Burke Drive at 5:19  p.m. on Feb. 17. Turner is issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer James Sheflin.

Murder suspect's phone at issue in evidence hearing

By Howard B. Owens
      Richard Hanes

At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

Hawley calls for all state prisons to remain open amid Cuomo's shutdown effort

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is calling for all (54) state prisons to remain open and operating today amid a subtle announcement by the governor late Friday to close three unspecified New York prisons.

The plan was buried in a release of Gov. Cuomo’s 30-Day Amendments as changes to his Executive Budget proposal.

“Closing any state prisons would have dire consequences for public safety and the brave correctional officers who work with our incarcerated population,” Hawley said. “By consolidating the prison population, we run the risk of double bunking inmates and exacerbating the high number of violent attacks against corrections officers we have seen in recent years.

"This is not about a declining prison population, this is about the governor scrambling to save money to cover up his $2.3 billion budget shortfall – a terrible solution for an even worse self-inflicted problem.”

Law and Order: Biker accused of reckless driving, going 135 mph, and causing serious physical injury to trooper

By Billie Owens

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers is accused of aggravated  DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.

Law and Order: Hutchins Place man accused of slapping woman's face while she was holding a child

By Billie Owens

Luis A. Torres-Otero, 20, of Hutchins Place, Batavia, is charged with second-degree harassment and endangering the welfare of a child. He was arrested after Batavia police investigated a domestic incident which occured at 9:29 a.m. on Feb. 6 on Hutchins Place. It is alleged that the defendant struck a female in the face while she was holding a child. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court on Feb. 20. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Joseph J. Mazzarella, 66, of Bank Street, Batavia, is charged with second-degree harassment and second-degree criminal contempt. On Feb. 11 at 2:45 p.m., he allegedly threatened an individual on Bank Street in violation of an order of protection. He was jailed in lieu of $2,000 bail or bond. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Joseph J. Mazzarella, 66, of Bank Street, Batavia, is charged with second-degree criminal contempt. Mazzarella was arrested after he allegedly violated an order of protection by contacting a protected person by phone at 4:55 p.m. on Feb. 13. He was issued an appearance ticket and is due in Batavia City Court on Feb. 26. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Patrick M. Viscuso, 54, of Vernon Avenue, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested after allegedly violating an order of protection at 8:58 p.m. on Feb. 18 by being inside a protected person's residence on Evans Street in Batavia. He was arraigned in Batavia City Court and put in jail on $5,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay.

Zachery V.D. Seeley, 22, of Lyman Road, Bergen, is charged with three counts of second-degree criminal contempt. He was arrested at 9 p.m. on Feb. 12 after allegedly violating an order of protection by having direct contact with a protected person on Miller Avenue in Batavia. Seeley was arraigned and put in jail in lieu of $1,000 cash or $2,500 bond. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Damian C. Cogovan, 19, of East Main Street, Batavia, is charged with two counts of second-degree criminal contempt. At 7:29 p.m. on Feb. 7, the defendant was allegedly observed by Batavia police in the direct presence of two protected parties while at his residence. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash or $2,000 bond. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with second-degree contempt. He was arrested on Feb. 10 on a warrant out of Batavia City Court for allegedly violating an order of protection issued to a person on Vine Street in Batavia on Jan. 16. He was arraigned and put in jail in lieu of $1,000 cash or bond. He is due back in Batavia City Court at a later date.The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Nicholas M. Korczak, 33, of Pike Road, Batavia, is charged with second-degree aggravated harassment. He was arrested on Feb. 7 following an investigation into alleged threats of violence via text messages on Feb. 6. He was arraigned in Batavia Town Court and released on his own recognizance. He is due in Batavia Town Court again on March 12. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Mathew Clor.

Daniel Joseph Geller, 35, of Moulton Avenue, Tonawanda, is charged with aggravated DWI, DWI, and failure to use designated lane. Geller was arrested on the charges following the investigation of a property damage accident at 12:19 a.m. on Feb. 10 on Main Road in Pembroke. He was issued an appearance ticket and is due in Pembroke Town Court on March 5. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Melynda M. Gayhart, 31, of Hutchins Place, Batavia, is charged with petit larceny. She was arrested after a shoplifting investigation allegedly found that she stole beer from her employer -- the 7-Eleven on East Main Street in Batavia. Gayhart was released on an appearance ticket and she is due in Batavia City Court on Feb. 26. The case was handled by Batavia Police Officer Jason Ivison.

Christopher John Raymond Diers, 36, of State Street, Batavia, is charged with petit larceny. On Feb. 8 Diers was arrested at 4 p.m. for allegedly stealing property from Walmart. He was released on an appearance ticket and is due in Batavia Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Sgt. Andrew Hale.

Christopher John Raymond Diers, 36, of State Street, Batavia, is charged with petit larceny. At 6:39 p.m. on Feb. 8, Diers was arraigned in Batavia City Court after he was arrested on a Batavia City Court bench warrant. It was issued after he failed to appear in court on a petit larceny charge stemming from the alleged theft of two lottery tickets on Nov. 4 from the Circle 3 convenience store and gas station at Ellicott and Cedar streets in Batavia. Diers was jailed in lieu of $2,000 cash or bond. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jamie Givens.

Erica Michelle Raphael, 34, of Pratt Road, Batavia, is charged with third-degree bail jumping and petit larceny. Raphael was arrested on two warrants on the two charges after being located in Orleans County on Feb. 18. She was turned over the the Genesee County Sheriff's Office and arraigned in Batavia Town Court. She was released on her own recognizance and is due in Batavia Town Court on Feb. 25. The original charges were issued on Oct. 29 following an incident at an unspecified location on West Main Street Road in Batavia. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Justin T. Gladney Sr., 29, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested following a shoplifting complaint at 10:10 a.m. on Feb. 16 at the Family Dollar store on East Main Street in Batavia. Gladney was released on an appearance ticket and he is due in Batavia City Court on Feb. 19. The case was handled by Batavia Police Officer Jason Ivison.

Batavia PD makes second arrest in early January business burglaries

By Billie Owens

The Batavia Police Department has arrested a 17-year-old in connection with the burglaries which occurred over the weekend of Jan. 4th.

The 17-year-old was arrested on Feb. 13 on a Grand Jury indictment warrant for four counts of third-degree burglary, a Class D felony.

The suspect was put in Genesee County Jail on $15,000 bail pending a bail review.

During the weekend of Jan. 4th– 7th, the Batavia Police Department investigated nine burglaries, which includes attempted burglaries, to local businesses. The areas where the burglaries took place are Ellicott Street and Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive and Liberty Street.

The suspects broke windows or kicked in doors to gain entry at most of the businesses. Items were taken at some of the businesses but not all. The suspects stole a white 1998 Dodge RAM 2500 diesel pickup truck from one of the businesses, but it has since been recovered.

Evidence was located at the scenes which appeared to indicate the burglaries were committed by the same suspects. Parolee Christopher T. Sprague had been previously arrested in connection with the burglaries.

No additional arrests are expected at this time.

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

Sheriff's Office Warrants, active as of Feb. 15, 2019

By Howard B. Owens

Harmony J. Alexander, 22, black female, 5’2” 120 lbs., Brown/Black hair, brown eyes. Last known address, Lark Street, Rochester.

Arrest warrant for alleged grand larceny 4th (felony) PL 155.30-1 and conspiracy 5th PL 105.05-1 (misdemeanor) Batavia Town Court. Date of warrant: 1/25/19.

Duty E. Caswell, 27, white male, 6’3” 160 lbs., blond hair, blue eyes. Last known address, Cary Avenue, Oakfield.

Bench warrant for alleged aggravated DWI/DWI VTL 1192-2aa/1192-3 (misdemeanor) Oakfield Town Court. Date of warrant: 12/5/17

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Oakfield Town Court. Date of warrant:  1/26/18

Bench warrant for alleged violation of probation (misdemeanor) Pembroke Town Court. Date of warrant: 12/14/17

Erica M. Raphael, 34, white female, 5’3” 115 lbs., brown hair, blue eyes. Last known address, Pratt Road, Batavia.

Bench warrant for alleged petit larceny PL 155.25 (misdemeanor) Batavia Town Court. Date of warrant: 9/24/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Batavia Town Court. Date of warrant: 10/29/18

 

Benjamin J. Skubis, 24, white male, 5’11” 140 lbs., brown hair, brown eyes. Last known address, Colby Road, Darien.

Bench warrant for alleged DWI VTL 1192-2/1192-3 (misdemeanor) Alabama Town Court. Date of warrant:  6/13/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Alabama Town Court. Date of warrant: 2/5/19

 

Lorrie J. Shanley, 48, white female, 5’6” 230 lbs., blond hair, brown eyes. Last known address: Chili Avenue, Churchville.

Bench warrant for alleged aggravated unlicensed operation 2nd VTL 511-2a4 (misdemeanor) Stafford Town Court. Date of warrant: 1/10/19

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Stafford Town Court. Date of warrant: 1/29/19

Tanisha L. Mack, 39, black female, 5’3” 110 lbs., brown hair, brown eyes. Last known address: Eastman Avenue, Rochester.

Bench warrant for alleged aggravated unlicensed operation 3rd VTL 511-1a (misdemeanor) Pembroke Town Court. Date of warrant: 5/11/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Pembroke Town Court. Date of warrant: 6/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Law and Order: Two Rochester men suspected of selling crack cocaine

By Billie Owens
Trevon R. Slaughter    Edwin S. Coleman

Trevon R. Slaughter, 20, of Affinity Lane, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Slaughter was arrested on Saturday evening, Feb. 9, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around the City of Batavia. It is alleged that Slaughter sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and put in Genesee County Jail with bail set at $25,000 cash or $50,000 bond. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Edwin S. Coleman, 52, of Wilson Street, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Coleman was arrested on Tuesday afternoon, Feb. 12, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around Genesee County. It is alleged that Coleman sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and released under the supervision of Genesee Justice. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Nicholas Edmond Kabalan, 21, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; operating a motor vehicle with a BAC of .08 percent or more; unlawful possession of marijuana; speed not reasonable and prudent; and drinking and possessing an open container of alcohol in a motor vehicle. On Feb. 13 at 11:05 p.m. Sheriff's deputies responded to a property damage accident on Route 98 in the Town of Elba and Kabalan was subsequently arrested on these charges. He was issued appearance tickets and is due in Elba Town Court on March 20. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Joshua Brabon.

Law and Order: Batavia sex offender accused of failure to register address change, falsifying document in jail

By Billie Owens

Scott J. Hinze, 52, a registered sex offender who lives on West Main Street Road, Batavia, is charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. On Feb. 11 at about 11:20 p.m. Hinze was arrested after an investigation. He allegedly failed to register his address change as a sex offender within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. Hinze also allegedly falsified a sex offender address change document at the Genesee County Jail in the City of Batavia. He was issued an appearance ticket for Town of Batavia Court and is due there March 4. On the charge of falsifying a business record document at the jail, he was issued an appearance ticket for March 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Erik B. Andre.

Aaron L. Heale, 37, of 25 N. Lake Ave., Bergen, was arrested on Feb. 11 by the Le Roy Police Department and charged with one count of criminal possession of a hypodermic instrument, a Class A misdemeanor. The charge comes after a complaint on Feb. 5 from a local car wash that Heale was allegedly slumped over at the wheel of his car in the wash bay. When the Le Roy police found Heale, who is on parole, he was allegedly slumped over at the wheel and awoken by the officers. During the investigation it was alleged that Heale unlawfully possessed the hypodermic syringe inside the vehicle. Heale, who is currently in Genesee County Jail on an alleged parole violation, was issued an appearance ticket and is due in Le Roy Town Court on March 14.

Jeffery J. Williams, 25, of 25 Ravine Ave., Rochester, was arrested on Feb. 10 by the Le Roy Police Department and charged with two counts of petit larceny and three counts of attempted petit larceny. The charges are based from an investigation which started on Nov. 11 when it was reported that numerous vehicles in the Bacon/Pleasant Street area were entered and items allegedly stolen. During the investigation, it was determined that Williams was visiting a person in Le Roy when he allegedly entered at least five different vehicles during the early morning hours, stealing items from two of the vehicles and ransacking three others looking for items to steal. Williams was issued an appearance ticket to be in Le Roy Town Court on March 5.

WANTED: Active warrants as of Feb. 11, 2019 for the Batavia Police Department

By Billie Owens

From the City of Batavia Police Department:

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereaboute of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Ahdeosun "Nunu" Aiken, 20

Charges(s): Second-degree criminal contempt.

Notes: Wanted for allegedly violating an order of protection. Additional pending charge of third-degree bail jumping.

Nicole Casey, 25

Charge(s): Petit larceny

Notes: Wanted for allegedly shoplifting.

Heyward Clark Jr., 54

Charge(s): Multiple counts of third-degree burglary.

Notes: Wanted for allegedly forcefully breaking into several properties and stealing property.

Aisha Culver, 20

Charge(s): Aggravated unlicensed operator
of a motor vehicle
in the third degree; operating with suspended registration; operating without inspection "and additional."

Carey Culverhouse, 59

Charge(s): First-degree assault

Notes: Wanted for allegedly stabbing another person.

Allen Jerome Davis, 37

Charge(s): Sex offender registry

Notes: Wanted for allegedly moving out of his registered address without notice and without providing a new address.

Sheriff's Office warrants, active as of Feb. 8, 2019

By Howard B. Owens

Tonya L. Buzzell, AKA Tonya L. Bennett. 36, white female, 5’ 5” 150 lbs., brown hair, brown eyes. Last known address Liberty Street, Batavia, NY

Four Active Warrants:

Bench Warrant for alleged False Personation PL 190.23 Batavia City Court. Warrant issued 3/23/18

Arrest Warrant for alleged Violation of Family Court Act Genesee County Family Court. Warrant issued  3/29/18

Bench Warrant for alleged Criminal Possession of a Controlled Substance 7th Batavia City Court. Warrant issued  5/9/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia City Court. Warrant issued 6/14/18

Steven D. Fronczak, 61, white male, 5’7” 190 lbs., blond hair green eyes. Last known address Oatka Road, Perry, NY

Two Active Warrants:

Bench Warrant for alleged Aggravated Felony DWI  VTL 1192-2aa Genesee County Court. Warrant issued 10/29/18

Arrest Warrant for alleged Felony Bail Jumping 2nd   PL 215.56  Batavia City Court. Warrant issued 1/23/19

Ralph A. Burdick, 43, white male, 6’ 1” 185 lbs., brown hair, blue eyes. Last known address Clinton Street Road, Bergen, NY

Two Active Warrants:

Bench Warrant for alleged Petit Larceny PL 155.25  Batavia Town Court. Warrant issued 10/9/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia Town Court. Warrant issued 11/19/18

Michael S. Ryan, 59, 5’ 10” 218 lbs., white male, blond hair, brown eyes. Last known address Bank Street, Batavia, NY

Warrants: 

Bench Warrant for alleged Criminal Possession of Stolen Property 4th  PL 165.45-2  Felony Genesee County Cour. Warrant issued 2/27/18.

Jeanine D. Fuller, 32, white female, 5’7” 160 lbs., blond hair, brown eyes. Last known address Bank Street, Rochester, NY

Four active warrants:

Bench Warrant for alleged Petit Larceny PL 155.25 and Conspiracy 6th PL 105.00  Batavia Town Court. Warrant issued 9/18/18

Arrest Warrant for alleged Conspiracy 6th PL 105.00 Batavia Town Court. Warrant issued 9/26/18

Arrest Warrant for alleged Conspiracy 5th PL 105.05 Batavia Town Court. Warrant issued 9/28/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia Town Court. Warrant issued 10/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Law and Order: Two people accused of shoplifting from Tops Market in Batavia

By Billie Owens

Heidi L. Harder, of Montclair Avenue, Batavia, is charged with petit larceny. She was arrested following a shoplifting investigation into an incident at 2:19 a.m. on Feb. 6 at Tops Friendly Market in Batavia. She was issued an appearance ticket to be in Batavia City Court on Feb. 12. The case was handled by Batavia Police Officer Peter Flanagan.

Paul Kittisack, 53, of South Main Street Road, Batavia, is charged with petit larceny. He was arrested at 4:30 p.m. on Feb. 6 after he allegedly shoplifted from Tops Friendly Market on West Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Feb. 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

Law and Order: Albion man accused of grand larceny on Hartwell Road, Pavilion

By Billie Owens

Edward Ryan Loper, 30, of West Bank Street, Albion, is charged with fourth-degree grand larceny and misapplication of property. Loper was arrested on Feb. 5 and arraigned at 3:41 p.m. in Pavilion Town Court. His arrest follows an investigation by the Genesee County Sheriff's Office into an incident that took place on Hartwell Road in Pavilion on Sept. 23. Loper allegedly stole property from an individual with a value in excess of $1,000. Loper also is accused of misapplication of property that belonged to the same individual. He was brought in from Orleans County Jail, where he was incarcerated on an unrelated charge, for the arraignment. Loper was subsequently put back in Orleans County Jail and bail was set for Genesee County Jail for $5,000 cash or $10,000 bond. He is to reappear in Town of Pavilion Court on March 5. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

James Albert Chase, 39, of Oak Street, Batavia, is registered Level 3 sex offender who is on parole. He is charged with failure to report a change within 10 days -- with a previous conviction for the same offense. Under NYS Penal Law COR 168-F subdivision 4: An offender has 10 calender days to register "...any change of address, Internet accounts with Internet access providers belonging to such offender, Internet identifiers that such offender uses, or his or her status of enrollment, attendance, employment or residence at any institution of higher education." Chase was being held on a parole violation in Genesee County Jail at the time of his arrest on Feb. 4. He was arraigned then jailed without bail. He is due in Batavia City Court tomorrow (Feb. 7). The case was handled by Batavia Police Det. Eric Hill.

Bryan Michael Beach, 35, of Dolbeer Street, Perry, is charged with first-degree criminal contempt, second-degree harassment and aggravated unlicensed operation in the second degree. He was arrested on Feb. 5 for allegedly shoving a person at 5:20 p.m. on Feb. 3 on Lewiston Road in Batavia, in violation of an active order of protection. The case was handled by Genesee County Sheriff's Deputy James Stack.

Hayley N. Giles, 21, of Hutchins Street, Batavia, is charged with second-degree harassment. Giles was arrested at 12:58 p.,m. on Feb. 3 following an investigation of a domestic incident involving siblings. Giles are released on an appearance ticket. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Ivison.

Jonathan A. Bell, 34, of Evans Street, Batavia, is charged with: driving while intoxicated -- common law; failure to stop at stop sign; refusal to take a breath test; unlicensed operation; and aggravated unlicensed operation in the third degree. Bell was arrested at 11:12 p.m. Feb. 4 on Washington Avenue in Batavia after being involved in a one-vehicle crash. He was processed and released with traffic tickets and is due in Batavia City Court on Feb. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Nicole McGinnis.

Eric K. Ricks, 40, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested at 5:30 p.m. on Feb. 1 on Thomas Avenue in Batavia after Batavia police were called to a residence for an altercation. At that time, he was allegedly found to be in possession of marijuana. Ricks was issued an appearance ticket for Batavia City Court Feb. 12. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Chad Richards.

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