crime

If Sean A. Semprie Jr., had just stuck around the Genesee County Courthouse one morning back in May he wouldn't be heading to state prison today.

Judge Charles Zambito was ready to cut Semprie a deal back then that would have meant some jail time followed by five years probation on drug peddling charges. But while Zambito conferred with Semprie's attorney, the 25-year-old told a court official he had to go out to his car. He never came back.

His attorney, Public Defender Jerry Ader told Zambito it should count in Semprie's favor that he never left Genesee County, even with a warrant pending, that he knew eventually he would be caught, and that while it was a poor decision, he wanted to get a job and take care of his family, which he did, Ader said.

Assistant District Attorney Kevin Finnell said the "take care of his family" excuse rang a little hollow.

"The defendant had an opportunity here," Finnell said, adding later, "the fact that he's managed to stay away from being re-arrested is not an indication of his ability to behave lawfully. He says he had a job but there's no indication of what he's been doing (since May).

"Going back to 2008, there's been a bench warrant issued for him, he's had his probation revoked, that was in Monroe County on a burglary charge, and there was a warrant for his return here in 2017 (when Semprie was extricated from Maine on his drug dealing indictment)."

Given that history, and with a maximum available sentence, Finnell said, "He's done nothing to earn less than the maximum."

Semprie spoke politely but said he disagreed with the district attorney. He said he was sorry for the trouble he caused the court, but "everything he says about me was 10 years ago. I was a different person. Now I'm a man. I have a child. I did make poor choices. I mean, I'm sorry for what I did but I don't think I deserve five years."

Zambito said he didn't have a lot of confidence that Semprie is a man who abides by the rules.

"This is not the way to take care of your baby," Zambito said. "I guess the disturbing part is that you were here and after I tried to talk with your attorney, you left. Well, I guess that was a mistake on my part but what you did was a bigger mistake on your part."

Perhaps a three and a half year jail term followed by two years of parole will teach Semprie a lesson, Zambito said, adding, "I don't know."

Semprie still faces a bail jumping charge in Batavia City Court.

Taking other people's cars and driving them drunk looks like too much of a habit for Robert C. Frank, from the view of Judge Charles Zambito, so in Genesee County Court today, Zambito decided to send Frank to prison for the first time in his life.

Frank, 39, a resident of Buffalo, has multiple felony DWI convictions, including two Class D felonies, but has received nothing more than jail time and probation on his previous convictions.

He admitted today that in June he took another person's 2008 Jeep and drove while intoxicated. 

Since he's had prior DWI convictions within the past 10 years, that made the DWI in Batavia a felony. It could have been a Class D felony but District Attorney Lawrence Friedman offered a plea agreement to a Class E felony for DWI and unauthorized use of a motor vehicle.

"He has two previous Class D felony DWIs," Friedman told Zambito. "He received a consideration being able to plead to a Class E but on the basis of additional charges of attempted grand larceny (in Erie County), and based on his history, he should receive no further consideration."

Friedman asked for a one and a half to four year prison term. 

While, according to Zambito, Frank thought he had permission to drive his sister's 2008 Jeep, he can't really be certain that's the case, and while he realizes that Frank has never been placed into treatment for drinking, given his history a community-based sentence (jail time plus probation, which would include treatment) didn't seem appropriate.

Zambito sent Frank to prison for one to three years.

Le Roy police are requesting the public’s assistance in identifying a man who was captured on camera entering multiple vehicles and stealing thousands of dollars’ worth of property.   

The man entered multiple unlocked vehicles on Robbins Road in the Village of Le Roy at about 2:30 a.m. on Wednesday, Jan. 2^nd.

Anyone with any information is asked to contact the Le Roy Police Department at 585-345-6350.

Tevin Alexander Dowdell, 40, of Clifford Ave., Rochester, is charged with: driving while intoxicated as a felony; speeding in a 55-mph zone; refusal to take a breath test; uninspected motor vehicle; and aggravated unlicensed operation in the first degree -- operating a motor vehicle without a required ignition interlock device. On Dec. 31 at 8:33 p.m. on Clinton Street Road in Bergen, Dowdell was arrested on the charges, arraigned and put in Genesee County Jail in lieu of $2,000 cash bail or $4,000 bond. Dowdell is due in Bergen Town Court this afternoon (Jan. 2). The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Andrew John Rock, 32, of Judge Road, Oakfield, is charged with unlawful possession of marijuana. At 12:08 a.m. on Dec. 29 on Alleghany Road in Alabama, Rock was a passenger in a vehicle during a traffic stop. The defendant allegedly possessed a quantity of marijuana in the glove compartment of the vehicle and a smoking pipe in the passenger door. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Deputy Andrew Mullen.

Damian Michael-Edward Schoonmaker, 20, of Smith Street, Rochester, is charged with unlawful possession of marijuana. At 5:01 a.m. on Dec. 31 on Lewiston Road in Oakfield, Schoonmaker was arrested for allegedly possessing marijuana inside his 2000 Buick LaSabre. The case was handled by Genesee County Sheriff's Deputy James Stack.

Robert A. Maharrey is indicted for the crime of disorderly conduct. It is alleged that on Aug. 10, at the Darien Lake Performing Arts Center located in the Town of Darien Center, Maharrey engaged in fighting or with violent, tumultuous or threatening behavior by punching or striking a female patron in the face. In count two, he is accused of second-degree harassment for allegedly subjecting a female patron to physical contact, or attempting or threatening to do so. In count three, Maharrey is accused of disorderly conduct for allegedly engaging in fighting or with violent, tumultuous or threatening behavior with Live Nation Security staff members. In count four, he is accused of second-degree harassment for allegedly subjecting a Genesee County Sheriff's deputy to physical contact by spitting in his face. In count five, the defendant is accused of second-degree assault, a Class D violent felony, by allegedly intentionally preventing a Sheriff's deputy from performing a lawful duty and causing injury to the deputy. In count six, Maharrey is accused of assault on a police officer, a Class C violent felony, for allegedly intentionally preventing a second deputy from performing a lawful duty and causing serious physical injury to that deputy.

Jacob M. Balla Sr. is indicted for the crime of first-degree criminal contempt, a Class E violent felony. It is alleged that on Oct. 19 in the Town of Pembroke, in violation of an order of protection, that he struck, shoved, kicked or otherwise subjected the protected party to physical contact or attempted or threatened to do so. In count two, Balla is accused of second-degree harassment, a violation, for allegedly intentionally harassing, annoying or alarming the protected party by striking, shoving, kicking or otherwise subjecting the person to physical contact or attempting or threatening to do so.

Lashawn Brown-Dixie is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Sept. 17 Brown-Dixie drove a 2016 Chevrolet on Interstate 90 in the Town of Stafford while having a BAC of .18 percent or more. In count two, she is accused of DWI, as a Class E felony, for the same incident. In Special Information filed by the District Attorney's Office, Brown-Dixie is accused of having been convicted of DWI, as a misdemeanor, on Dec. 14, 2010 in Town of Marathon Court, County of Cortland, and the conviction was within 10 years of the crimes alleged in the current indictment.

Adam B. Thomas, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree and public appearance under the influence of a narcotic drug. At 10:19 a.m. on Dec. 28, the Genesee County Emergency Dispatch Center received the complaint of an intoxicated male operating an electric scooter inside a department store, causing a disturbance. Sheriff's deputies arrived and initiated an investigation into the complaint. The scooter operator was identified as Thomas and he was allegedly determined to be under the influence of a narcotic drug. Following a subsequent search, it is alleged that Thomas possessed a powdered substance that tested positive for the synthetic opioid fentanyl. He was taken to jail, processed and issued appearance tickets returnable to Town of Batavia Court on Jan. 17. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Richard Schildwaster.

Matthew Hawkeye Pape, 27, of Lockport Road, Oakfield, is charged with first degree criminal contempt. At 1:30 a.m. on Dec. 29 following the investigation of a domestic incident on Lockport Road, Pape was arrested on the charge. He allegedly struck another individual in the head with a door, causing physical injury, thereby violating an order of protection issued by Town of Oakfield Court. Pape was arraigned and jailed in lieu of $5,000 cash bail. He is due in Oakfield court Jan. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. Jason Saile.

Zachary Erin Brazzell, 20, of Alabama Street, Medina, is charge with: DWI -- first offense with a BAC of .08 percent or more; DWI -- first offense; no/inadequate headlamp; and unlawful possession of marijuana. Brazzell was arrested at 20 River St. in Batavia at 4:12 a.m. on Dec. 30 following a traffic stop. Brazzell was issued appearance tickets returnable to the City of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

A 22-year-old Batavia man who was the subject of a manhunt at the end of November after he allegedly drove off with a teenage Bergen girl in a blue SUV, which prompted an Amber Alert, is back in Genesee County and may face federal charges.

Sheriff William Sheron said today that because Jose Guillermo Torres-Acevedo is suspected of taking the girl across state lines, the Sheriff's Office is working with the FBI to determine if Torres-Acevedo should be charged by federal authorities.

Locally, he's been charged with 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 from her Bergen home.

He is being held in the Genesee County Jail without bail.

In November, Torres-Acevedo was arrested following an investigation by State Police and charged with endangering the welfare of a child. A judge issued a complete stay away order requiring Torres Acevedo to have no contact with the girl.

The morning of Nov. 29, Torres-Acevedo allegedly drove to the girl's home and picked her up. The Sheriff's Office was soon notified that the girl was missing and an Amber Alert was issued that afternoon.

The girl, authorities said, went with Torres-Acevedo willingly.

The girl and Torres-Acevedo were reportedly located that night at a Walmart in Mansfield, Pa., when authorities were able to ping the girl's mobile phone.

Torres-Acevedo was taken into custody and the girl was returned to her family in Bergen. Torres-Acevedo waived extradition and a deputy picked him up in Pennsylvania on Friday.

The suspect is scheduled to appear in Bergen Town Court next month to face charges stemming from his initial arrest by State Police.

Daniel E. King, 42, of Pembroke, is charged with petit larceny. He was arrested at 5:08 p.m. on Dec. 24 by troopers out of SP Batavia. Troopers were dispatched to Ye Olde Willow Bend Inn in the Town of Batavia for a larceny complaint. Upon arrival, the complainant advised troopers on scene that a green pickup truck pulled up next to the restaurant and tavern, then the front passenger exited the pickup and allegedly proceeded to steal a sign to the business. The registration and suspect description were provided to troopers and the information quickly led to the arrest of King. He was given an appearance ticket returnable to Batavia Town Court in January.

Emily D. Smith, 33, of Liberty Street, Batavia, is charged with third-degree assault and endangering the welfare of a child. Smith was arrested at 10 a.m. on Nov. 22 on Liberty Street on the charges and was issued an appearance ticket for Jan. 8 in Batavia City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Zachary Vernon Donald Seeley, 22, of Central Avenue, Batavia, and Krista Swan, no age or address provided, are both charged with petit larceny. They were arrested at 8:56 p.m. on Dec. 18 on West Main Street in Batavia after Tops Friendly Market reported a larceny in progress to Batavia Police Department. Police responded and located the suspects, who matched descriptions provided by Tops employees. Numerous items totaling $306.81 in value were recovered. The defendants were released on appearance tickets and are due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Jamie Givens.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with trespass. He was arrested on Dec. 21 after he allegedly entered and remained on the property of another person on Jackson Street in the City of Batavia without permission at 9:20 p.m. Dec. 20. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Christopher Lindsay.

Kiha S. McNear, 21, no permanent address, Batavia, is charged with: second-degree criminal contempt -- disobeying a mandate (arrest warrant); harassment in the second degree -- physical contact resulting in arrest warrant; and execution of a bench warrant. McNear was arrested on Dec. 19. All three charges stem from separate cases, all with warrants. The defendant was issued three appearance tickets and then released. McNear is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Eric Bolles.

Patrick M. Viscuso, 54, Evans Street, is charged with second-degree harassment and unlawful possession of marijuana. He was arrested at 4:33 p.m. Dec. 18 on Evans Street in Batavia following an incident wherein it's alleged that Viscuso struck another subject on the side of the face during an argument. Viscuso was allegedly also found to possess a small amount of marijuana at the time of his arrest. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Guillermo Jose Torres-Acevedo, 22, of Collegeview Drive, Batavia, is charged with third-degree grand larceny and unauthorized use of a motor vehicle. He was arrested on a warrant Dec. 21 following an investigation into an incident that occurred Nov. 29 at about 7 a.m. in the Town of Batavia. Torres-Acevedo allegedly stole a motor vehicle from a residence. He was arraigned in Batavia Town Court and jailed without bail.

Triton Adam Drock, 24, of East Main Street, Batavia, is charged with aggravated unlicensed operation of a motor vehicle in the third degree and failure to use headlights while operating windshield wipers. He was arrested on an outstanding Batavia City Court warrant issued for failure to appear on charges made Nov. 18. He was arraigned on Dec. 20 and is due in city court Jan. 17. The case was handled by Batavia Police Officer Kevin DeFelice.

Two shoplifting suspects are running from Walmart.

They are described as white males. One is in a brown jacket the other in a green jacket.

A deputy is dispatched and Batavia PD asked to assist.

UPDATE 11:27 a.m.: Two males are stopped in the Auto Zone parking lot.

Richardson is suspected of holding the protected party at their residence on Jackson Street and refusing to allow them to leave.

A short time later, the Batavia PD received information that Richardson had returned to the protected party's residence and police responded. Police did not release the date of the incident, but put out this report on Friday (Dec. 21).

They located Richardson hiding and he was taken into custody and charged with: four counts of first-degree criminal contempt -- Class E felonies; three counts of second-degree burglary -- Class C felonies; and one count of unlawful imprisonment in the first degree -- also a Class E felony.

Richardson was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $30,000 bail. He is to reappear in city court at a later date.

This case was investigated by Officer Christopher Lindsay, assisted by Sgt. Christopher Camp, Officer Mitchell Cowen, Officer Chad Richards and Officer Jamie Givens.

Steven William Barnhardt, 27, of River Road, Pavilion, is charged with second-degree aggravated harassment and fourth-degree stalking. At 12:15 p.m. on Dec. 21, Barnhardt was arrested on the charges. After meeting a female a week prior, he allegedly continued to send text and Facebook messages and call the female, who lives on Barrville Road in Elba, after being advised to have to further contact. Barnhardt was arraigned in Batavia Town Court and released under supervision of Genesee Justice. An order of protection was issued by the court. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Gary David Doctor, 36, of Pembroke, is charged with: driving while ability impaired by drugs; unlawful possession of marijuana; driving left of pavement markings; having an unregistered motor vehicle; unauthorized sticker on rear window; and obstructed driver's view. On Dec. 20, Doctor was arrested on the charges, which stem from a motor-vehicle accident that occurred at 9:48 p.m. on Nov. 5 on Knapp Road in Pembroke. Doctor was released on an appearance ticket and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Damien M. Schoonmaker, 20, of Smith Street, Rochester, is charged with trespass. The defendant was arrested after allegedly driving around the property and racetrack of the Genesee County Fairgrounds at 1:43 p.m. on Nov. 30 without permission and causing ruts in the mud and grass. The case was handled by Genesee County Sheriff's Sgt. Ronald Meides.

A man was taken into custody Monday night after a report of a fight and a stabbing at 337 Ellicott St., Batavia, has been charged with attempted murder.

Rashawn L. Gosier, 40, Shady Lane, Batavia, was also charged with assault in the first degree.

The arrest of Gosier comes after police were able to interview the victim, who was treated and released from a hospital in the region.

Police said the victim was "stabbed by a stabbing instrument." Public Information Officer Marc Lawrence confirmed investigators do not know at this time what type of sharp instrument was involved. The weapon has not been recovered.

After the report of the stabbing at 11:45 p.m. Monday, a man reportedly wearing a blue jacket was seen by an officer running from the scene.

Though the man ran from the scene, police believe he circled back and tried to hide in the basement of the house on Ellicott Street.

Some 15 or 20 minutes later, a man matching the description of the suspect, and later identified as Gosier, was taken into custody after crawling out of the basement window.

According to Lawrence, Gosier and the victim knew each other through a mutual acquaintance.

On his Facebook page, Gosier says he's originally from New Jersey. He was arrested earlier this year on a charge of petit larceny for allegedly stealing merchandise from Tops. He doesn't appear to have a prior felony record.

Lawrence said no further information is being released at this time because this is an ongoing investigation.

People with information that may assist in the investigation are asked to call Det. Matt Wojtaszczyk at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Previously:

• Possible stabbing reported at Swan and Ellicott streets
• Arrest made in incident Monday night on Ellicott Street

The theft of a video game from under a Christmas tree at a lower apartment on Tracy Avenue is reported in the city. There was no sign of forced entry. Batavia police are responding.

Justin Daniel Petrovic, 38, of Oak Ridge Drive, Victor, is charged with aggravated DWI, per se, with a BAC of .18 percent or more and no prior convictions; DWI -- first offense; and having an unsafe tire. At 8:14 p.m. on Dec. 16 on Main Road in Stafford, Petrovic was arrested after deputies checked on his vehicle, which was roadside. It is alleged that the defendant drove his vehicle on Route 5 when it became inoperable due to a flat tire. He was released on an appearance ticket and is due in Town of Stafford Court on Jan. 17. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Joshua Brabon.

Adam Richard Stone, 47, of Read Road, Pembroke, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; and operating a motor vehicle without an inspection certificate. At 6:54 p.m. on Dec. 16, deputies responded to Slusser Road in the Town of Pembroke for a one-vehicle accident. Following an investigation, Stone was arrested. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Kyle Krzemien.

Kayne W. Probst, 24, of Lynn, Mass., is charged with one count of petit larceny, a Class A misdemeanor. Probst was arrested by the Le Roy Police Department on Dec. 13 after they received a complaint of a larcent that had just occurred at a local store. It is alleged that the defendant took merchandise from the store without paying for it. Probst was taken into custody without incident and was arraigned in the Le Roy Town Court. Probst was jailed in lieu of $500 bail and is due in Le Roy Town Court today (Dec. 20).

James O. Boughton, 18, of Chili Riga Center Road, Churchville, was arrested on Dec. 10 by the Le Roy Police Department and charged with unlawful possession of marijuana and disobeying a traffic control device, both violation-level offenses. While on patrol, Le Roy police allegedly observed the vehicle operated by Boughton pass through a red signal. Patrols executed a lawful traffic stop on Boughton’s vehicle, identified Boughton as the operator, and after a brief investigation allegedly found Boughton to be in possession of marijuana. Boughton was issued tickets and is to appear in the Le Roy Town Court on Jan. 17 to answer to the charges.

Le Roy PD, in cooperation with the county's STOP-DWI, conducted additional patrols this past weekend, which resulted in three arrests of people who are suspected of driving while impaired.

Late afternoon Saturday, Le Roy PD received a report of a woman who had driven to a local grocery store and appeared to be intoxicated.

Upon arrival, officers identified Linda B. Towner, 57, of Batavia, as the suspected driver. She was near a vehicle the officers believed she drove to the store. After further investigation, officers determined she allegedly drove the vehicle while intoxicated. She was taken into custody without incident and charged with DWI and driving with a BAC of .08 percent or greater.

That evening, patrols observed a vehicle moving at a high rate of speed in the Village of Le Roy. It also appeared that the driver’s view was obstructed. A traffic stop was initiated and the driver was identified as Scott M. Hoover, 46, of Bloomingdale, Ohio. After further investigation, Hoover was arrested and charged with DWI, driving with a BAC of .08 percent or greater, speeding, and driver's view obstructed.

Sunday evening, patrols observed the erratic operation of a vehicle. The car was moving in and out of its lane of traffic. At one point, the vehicle struck a curb and it also occupied two lanes at one time. Following a traffic stop, Jeremy J. Trzecieski was identified as the driver. Trzecieski, 42, of Pavilion, was charged with DWI, driving with a BAC of .18 percent or higher, consumption of alcohol in a motor vehicle, failure to use designated lane, and improper left turn.

Towner, Hoover and Trzecieski were all issued appearance tickets as the result of their arrests. All are to appear in the Le Roy Town Court on Jan. 17.

At the close of yet another hearing on making restitution to her former employer, former Bergen resident Michele Ann Case made it clear how unhappy she is with HomeCare & Hospice, District Attorney Lawrence Friedman and The Batavian, accusing all of lying about her and defaming her good name.

Case called Friedman unethical. She said he had been duped by HomeCare & Hospice. Friedman, she also said, is just posturing for The Batavian, which she accused of libel.

"Then I want to go to jail and not pay any more restitution," Case told Judge Charles Zambito after Zambito warned her about her conduct. As she spoke, two deputies in the courtroom positioned themselves directly behind the chair she was sitting in.

She continued, "I don't want to see that man anymore," pointing at Friedman.

At the end of Case's rant, and before she could start again, Zambito adjourned the hearing.

Shortly after leaving the courtroom, Case emailed the following statement to The Batavian:

Please be advised that you have repeatedly printed lies about me on The Batavian and I hereby demand that you print an immediate retraction for your past 2 libelous posts. I also demand that you immediately cease & desist spreading falsehoods to the community I proudly served! Eventually, new evidence will exonerate me and implicate my former employer for falsely reporting a theft and insurance fraud and the DA will be brought up on ethics violations & prosecutor misconduct! 

Case has been in legal trouble in Genesee County since 2010 when she was accused of stealing more than $35,000 from an elderly patient. Those charges were eventually dismissed for reasons never officially disclosed by the court.

In 2011, she was accused of painting a mailbox that didn't belong to her, and later that year she was arrested and accused of bilking HomeCare & Hospice out of thousands of dollars by falsifying business records.

That case went to trial in 2012 and she was convicted by a jury but the conviction was overturned. An appeals court ruled that documents entered into evidence at trial were prejudicial and thereby denied Case her right to a fair trial.

Case was retried in 2014 and convicted again.

After the first conviction, a hearing was called to determine the amount of restitution Case owed HomeCare & Hospice and Judge Robert C. Noonan ruled that she would be required to pay $14,000.

Her attorney at the time tried to argue that restitution should be limited to the amount of money specified under the legal definition of third-degree grand larceny, which was $3,000.

Today, Case suggested that she has made restitution payments and that she owed no more than $2,500. It's not clear, but it appears Case believes The Batavian's prior reporting on the amount of restitution is libelous. Friedman said it was his impression that Case is claiming she's made sufficient payments to reduce the amount of restitution to $2,500. He said the court has been unable to confirm payments with officials in Niagara County, where Case now lives.

The issues currently in dispute about restitution, in this case, are whether Zambito has the authority to compel restitution and to set a payment schedule.

Since her second conviction, Case moved to Erie County and then Niagara County. Each time, her probation followed her into those counties. Public Defender Larry Ader, now representing Case -- though at the start of her rant in court this afternoon she told Zambito she was firing Ader -- said he believes that because Case was last on probation in Niagara County, and is no longer on probation. Ader maintains that only a Niagara County judge can issue a restitution order and that only the probation department in Niagara County can collect that restitution.

Zambito said he believes he has jurisdiction over restitution in this case and that he can order Genesee County Probation Department to collect the restitution.

Ader said it would be up to an appeals court to resolve the different views.

Prior to today, Case was supposed to supply a financial statement to help the court determine the amount of monthly payments, along with supporting documents. Friedman said the financial statement was delivered to his office late and that it only received any supporting documents 45 minutes prior to today's hearing. But with just a quick review of the documents, he said they appeared to be inadequate to support the financial statement.

According to Ader, Case hasn't been working while out on disability but should be cleared to work soon. In the meantime, her only source of income has been Social Security survivor benefits paid out on behalf of her 16-year-old child, who lives with her in Lockport. 

Friedman suggested a hearing might be needed so Case could be placed under oath to testify about her ability to make restitution payments. But after a conference with the Zambito and Ader at the bench, Zambito said he was going to order, for now, payments of $50 a month. That is the amount in the prior restitution order; they are to start at the beginning of the month.

Another hearing is scheduled 9:30 a.m., Jan. 7.

Previously:

• Bergen woman accused of stealing $35,000 from elderly woman's ...
• Police Beat: Alleged mailbox caper leads to charges in Bergen
• RN accused of creating inflated call claims to steal more than $14,000
• Grand Jury Report: Former employee accused of bilking her employer 
• Nurse convicted of falsifying pay records to steal money from her former employer
• Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation
• Total amount of restitution still undecided for Bergen nurse who stole money from employer
• Amount of money nurse must repay former employer still unresolved
• Appeals court throws out conviction of woman accused of bilking employer out of $14K
• Former Bergen resident told second trial on fraud charges will be July 7
• Former nurse convicted for second time of stealing $14K from employer
• Former nurse from Bergen given probation following second conviction on grand larceny
• Restitution still pending in former nurse's seven-year-old theft case
• Restitution of $14K again delayed in case of former nurse who falsified business records

Police have yet to locate a person who was reportedly stabbed during an incident Monday night at 337 Ellicott St., Batavia; there has, however, been an arrest related to the case.

Rashawn L. Gosier, 40, of Shady Lane, Batavia, is charged with attempted assault, 3rd.

Chief Shawn Heubusch said Gosier is accused of attempting to assault another person at the same address during the same incident.

He said the police have only limited information on the stabbing victim, so have not been able to locate him.

Police responded to 337 Ellicott St. at 11:40 p.m. Monday to investigate a report of a fight. 

A subject, believed to be Gosier, fled the scene, where police located a stabbing victim and called for an ambulance. Officers then pursued the fleeing subject down Swan Street to the area of the railroad tracks.

While officers were busy trying to apprehend the person who fled, the stabbing victim left the scene.

Gosier, matching the description of the fleeing subject, was located a short time later in the basement of the incident location and he crawled out of a basement window (bottom photo).

He was taken into custody without further incident. After being taken to headquarters he was issued an appearance ticket on the attempted assault charge and ordered to appear in City Court at 1 p.m., Jan. 1.

If anybody has information that can assist in the investigation, they are asked to call Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Jesse F. Markowski, 23, of East Road, Batavia, is charged with driving while intoxicated -- common law, and DWI with a BAC of .08 or more. Markowski was arrested at 1:44 a.m. Dec. 8 on Lehigh Ave. in Batavia after being involved in a single-vehicle accident on Lehigh Avenue. He was processed at the jail and was due in Batavia City Court this morning, Dec. 19. The case was handled by Batavia Police Officer Mitchell Cowen.

Justin P. Avino, 25, of Swan Street, Batavia, is charged with speeding, driving while intoxicated -- common law, and DWI with a BAC of .08 or more. Avino was arrested at 1:18 a.m. Dec. 9 on West Main Street in Batavia. He was processed at the jail and was due in Batavia City Court this morning (Dec. 19). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins.

An ambulance is requested to Swan and Ellicott for a subject with stab wounds.

Police are on scene.

A few minutes before there was a reported of an individual saying he was going to kill somebody and an officer was chasing a black male, bald, in a blue jacket.

Multiple police units are in the area.

UPDATE 12:04 a.m.: One person is in custody.

UPDATE 1 a.m.: The apparent stabbing victim left the scene with another individual while police chased a person they believe was the suspect in the stabbing. The possible suspect ran through the neighborhood but managed to return to the residence where the alleged stabbing took place and went into the basement. He was then spotted crawling out of a basement window (see second picture) and taken into custody. He has not yet been charged with a crime because the alleged victim was not available to interview by the time he was taken into custody. He was taken back to the station for questioning. The stabbing victim, as of 12:30 a.m., hadn't shown up at UMMC but he may be from Rochester and may have tried going to a Rochester-area hospital. There's no information available on how serious the wounds might be. There were no other suspects, no other people taken into custody, and no other injuries reported either to civilians or police.

A retired Army general who was born in Batavia, attended Notre Dame High School, and was nominated by the late Rep. Barber Conable to attend West Point, has been accused by his grown daughter of sexual abuse that started when she was a toddler and continued into her high school years.

The Army attempted to court-martial Maj. Gen. James J. Grazioplene, 69, who retired in 2005, last year. But a judge ruled the statute of limitations had run out under the Uniform Code of Military Justice, even though there was otherwise enough evidence to prosecute Grazioplene.

While Grazioplene avoided a court-martial, civilian authorities took up the investigation and Grazioplene was arrested Dec. 7 following an indictment by a grand jury in Prince William County, Va., on multiple counts of rape and incest.

Jennifer M. Elmore, 47, a Virginia resident, told the Washington Post, which broke the story, her earliest memory of sexual abuse was when she was 3 years old and at her grandmother's house in Le Roy.

The military's investigation focused on events from 1983 to 1989. Virginia authorities concentrated on events in 1988 and 1989, when the family lived in Woodbridge, Va., where Elmore attended high school in her junior year.

According to the Post, Grazioplene has denied the charges, telling a reporter in September, “The charges are false and incorrect." Grazioplene and his attorney have declined to comment on the case otherwise.

Like many news organizations, the Post does not typically reveal the names of victims in sexual crimes but Elmore told the Post she wanted to go public.

According to the Post, reporters interviewed Elmore, other family members, including Grazioplene 's sister, coworkers, and reviewed letters, all of which corroborated some of Elmore's version of events.

Elmore said she's been estranged from her parents for years and her parents have tried to bridge the gap. She decided to tell the military about the alleged abuse in 2015 after a phone call where her parents apparently again tried to talk her into being part of the family again and her father said, according to Elmore, that “the only thing worse that I could have done to you is murder you.”

Grazioplene was nominated to West Point by Conable in 1967. He received a Bachelor of Science degree from the academy in 1971. His LinkedIn profile says he is currently CEO at Mission Readiness LLC. He's also worked for Total Life Cycle Support and DynCorp. International.

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was in court this morning wearing eyeglasses, a bright purple jacket, black cargo pants, black boots, and when her name was called, she stood unsmiling before Batavia Town Court Judge Michael Cleveland. An associate from the law firm of Friedman & Ranzenhofer, attorney Samuel Alba, accompanied her to the bench.

The prosecution requested and was granted a postponement in the dog neglect case so they could interview an animal control officer. Thus, it's now on the Batavia Town Court calendar for 1 p.m. on Monday, Jan. 28.

Previously, on Oct. 22, the matter was held over so Frens could provide more documentation, ostensibly of her efforts to aid the 3-year-old Labrador retriever mixed breed prior to her arrest by State Police on July 10.

Maya was found by Frens' neighbors across the street from her Pearl Street Road home on July 9. They called the law after discovering the canine standing feebly by the roadside. The neighbors said the dog was extremely dehydrated and malnourished; it drank four bottles of water and ate multiple bowls of food right away. They said the dog's paws were in such bad shape it could barely walk.

Frens, who is in her mid-50s, went to retrieve the animal from the shelter the following day but was arrested instead (mugshot, inset photo). 

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and uncut nails so long they were cutting into the pads of her paws.

Maya's very poor physical condition was caused by neglect, according to Volunteers for Animals, citing veterinary reports.

Maya was adopted a couple of months ago after vets and the volunteers got her health back on track.