crime

A caller in the Walmart parking lot reports that he was threatened because of his Trump bumper sticker.

He claims it was a threat of physical violence.

A trooper and deputy dispatched.

UPDATE 2:50 p.m.: A trooper interviewed all parties involved. No arrest. A woman with a male made an anti-Trump statement to the man with a Trump bumper sticker on his truck. He said something back. It escalated from there but didn't become physical. Both the trooper and deputy on scene couldn't recall a prior incident in the Trump Era of threats over a bumper sticker, though the trooper recalled a Trump supporter in 2016 getting slushies dumped on his car and an anti-Trump note being left.

Plush Dozier, 22, of Kelly Street, Rochester, is charged with third-degree criminal mischief and attempted menacing of a police officer. He was arrested on Nov. 5 for an incident that occurred in August in which he allegedly damaged the door in the back of a GC Sheriff's vehicle while he was being transported for a court appearance. He also allegedly attempted to menace a police officer during the same incident. He was arraigned on the new charges in Batavia City Court and is due there again on Nov. 9. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Mullen.

Justin Williams, 56, Post Avenue, Staten Island, is charged with criminal obstruction of breathing. Williams was arrested following an incident on Main Street in Oakfield at 2:58 a.m. on Nov. 5 in which he allegedly placed his hands around the neck of another person, causing them to be unable to breathe. He was arraigned in Oakfield Town Court and jailed in lieu of $2,500 cash or $5,000 bond. Williams is due back in Oakfield Town Court at 6 p.m. Nov. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Lawrence W. Worsley, 38, of Ridge Road, Albion, is charged with third-degree assault. He was arrested after an investigation into a domestic incident which occurred at 1 a.m. on Nov. 2 on Vine Street in the City of Batavia. He was arraigned in Batavia City Court then jailed on $2,500 cash or $5,000 bond. He is due to return to city court on Nov. 9. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Arick Perkins.

Teshawn Anthony Lang-Smith, 22, of Pearl Street, Batavia, is charged with third-degree criminal mischief and second-degree harassment. He was arrested after a domestic incident that occurred at 3:20 p.m., Nov. 2, on Bank Street in Batavia. He allegedly damaged property belonging to another person. He was arraigned and jailed in lieu of $2,000 cash or bond and was due back in city court on Nov. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Tyanna D. Green, 23, of Walnut Street, Batavia, is charged with criminal possession of stolen property in the fourth degree, identity theft in the third degree and petit larceny.  It is alleged that at 6:13 p.m. on Sept. 11 on Highland Park in Batavia that she used a stolen debit card to make multiple ATM withdrawals. She was arrested on Nov 1 and jailed with bail. She was due back in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Tyrone Lee Doward Jr., 28, of North Spruce Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 percent or more. On Nov. 3, Doward was arrested on Lake Road in Le Roy following the investigation into a suspicious vehicle at the 490 Truck Stop in Le Roy. He was allegedly parked in the parking lot after hours when the business was closed. He was transported to GC Jail and processed, then issued appearance tickets. He is due in Town of Le Roy Court on Nov. 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Dennis S. Rogers Jr., 46, of Batavia, was arrested on Nov. 3 by Troopers out of SP Batavia as the result of a traffic stop on Route 5. Rogers was charged with driving while intoxicated, aggravated unlicensed operation, 3^rd, operating a vehicle without an interlock device, along with other traffic offenses after allegedly failing field sobriety tests. Rogers was issued an appearance ticket returnable to the Town of Pembroke later this month.

Riley Kristine Davis, 21, of Gilbert Road, Bergen, is charged with unlawful possession of marijuana and a muffler exhaust violation. She was arrested at 11:47 p.m. Nov. 3 on Clinton Street in Batavia after being pulled over for a muffler violation. She was released on an appearance ticket and is due in Batavia City Court on Nov. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Sgt. Dan Coffey.

Joseph W. Morrow, 18, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested on Cedar Street in Batavia at 9:05 p.m. on Nov. 5 after he was allegedly found in possession of marijuana during a traffic stop. He was issued an appearance ticket and released. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

John P. Wittkopp, 35, of Columbia Avenue, Batavia, is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Wittkopp responded to Batavia PD and was arrested after an investigation into an incident that occurred at 4:21 p.m. on Oct. 27 on Main Street in Batavia. He was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Jamie M. Ficarella, 42, of Liberty Street, Batavia is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Ficarella responded to Batavia PD and was arrested after an investigation into an incident that occurred at 3 p.m. on Oct. 28 on East Main Street in Batavia. She was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Breanna C. Toal, 22, of Dellinger Avenue, Batavia, is charged with petit larceny and falsifying business records in the first degree. Toal was arrested Oct. 28 following an investigation into a report that she stole from her employer while working at 7-Eleven on East Main Street in Batavia. She was processed and released on an appearance. She is due in city court on Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Aaron L. Klein, 47, no permanent address, Batavia, is charged with petit larceny. Klein was arrested on three counts of petit larceny following an investigation into property that was stolen from a residence on Montclair Avenue in the City of Batavia, shortly after midnight on July 26. He was already being held in Genesee County Jail on unrelated charges. He was issued an appearance ticket for city court and is due there Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Olivia J. Paganin, 29, of Myrtle Street, Le Roy, was arrested on Nov. 1 by Le Roy Police Officer Kellogg on a Batavia City Court warrant. The defendant was then extradited to Batavia PD, arraigned in city court and put in jail. Paganin is due in city court at a later date. The case was handled in Batavia by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

A former Orleans County resident whom investigators believe planned the murder of Raymond Morgan before beating him to death in his apartment at 111 Liberty St., Batavia, on July 24, was charged in Genesee County Court today with murder in the second degree.

Richard D. Hanes, 36, entered a not guilty plea before a courtroom packed with Morgan's family and friends as well as several police officers and detectives from Batavia PD. He was shackled and dressed in the green jumpsuit of the Department of Corrections and accompanied by a pair of corrections officers.

"Right now we don't have a motive," said Det. Kevin Czora after Hanes was arraigned on the single count of second-degree murder. "All we know is that it was an exceptionally violent attack that happened in an extremely short period of time. I believe it was premeditated from the evidence that we've collected, and what we know, but as of right now we do not have a motive."

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

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

According to a police spokesman, Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of the alleged murder.

The evidence against Hanes, according to Czora and District Attorney Lawrence Friedman, is wide-ranging.

"There were witnesses in the area who, when this happened, identified him," Friedman said. "That's how it got started. So we have that. There are various items of physical evidence that were found and connected to him. We've got surveillance video from various locations that follow his path after the crime. There are also various items of scientific evidence."

Hanes is scheduled to remain in state custody until early December. Judge Charles Zambito ordered him held without bail but Fred Rarick, representing Hanes, said he reserved his right to make a bail application at a later date. Hanes will next appear in County Court on Jan. 9 for a hearing on any motions that have been filed.

Though Morgan had his own trouble with the law, he was a 47-year-old Batavia native with a large, tight-knit family locally, including five grandchildren, and a large network of close friends. Victor Thomas said they're all relieved to see the case reach this stage after months of waiting for justice to be served.

"This is the first step," Thomas said. "At least we start to see some justice; at least we got a name; at least we have a charge; at least we've got a prosecutor and somebody who is going to fight for us."

While police identified a suspect early in the investigation and gathered several items of physical evidence, formal charges were delayed until DNA could be analyzed.

Friedman said, because of ethical guidelines, he couldn't discuss that aspect of the case but he said the important factor was just making sure all of the evidence was ready for a successful prosecution.

"I can say that the delay was a matter of completing the investigation," Friedman said. "Fortunately, we had the luxury of time knowing that he was being held on a parole detainer and we knew what our timeline was as far as when we needed to have a grand jury presentation to make sure that we were at this point before he got released by parole."

He said he understood the desire of family and friends to see an arrest made quickly.

"Obviously, I've known all along that there are a lot of people who are very interested in this case, family members, people who are anxious to see something happen and we're maybe at times troubled by the fact that that wasn't happening quicker," Friedman said. "But my position has always been in this case and others is, we're going to do it right rather than doing it quickly. We're not going to jump the gun before we've got everything in order."

Todd Crossett, Batavia PD's assistant chief, said patrol officers and detectives put in more than 800 hours on the case so far (and the investigation isn't done).

"This is a culmination of many hours of work from patrol officers doing an excellent work at the initial crime scene and then going to the detectives," Crossett said. "Anything that came into the department, they were on it. Long, long hours, especially when it initially came in, long hours of chasing everything down. I think because of that hard work in the beginning that's why we ultimately got to where we are."

There has been speculation, Czora acknowledged, that there may have been other people involved in the murder of Morgan. He said every lead along those lines has been pursued and so far there is no evidence of any other people being involved.

The investigation doesn't end with the arraignment today, Czora said.

"There are countless numbers of pieces of evidence that we've obtained and processed and continue to process even still to this day," Czora said. "Our investigation continues even after this arraignment. It's just been an extensive amount of work that needed to be accomplished."

Top photo: Friends and family wearing T-shirts in tribute to Ray Morgan.

Richard D. Hanes is charged with second-degree murder, a Class A-1 felony, in the beating death of Raymond Morgan on July 24.

The crime occurred at 111 Liberty St. in the City of Batavia.

Hanes was indicted by a Grand Jury and arraigned in Genesee County Court this afternoon.

The charge carries a mandatory life sentence if convicted.

UPDATE: Investigators believe murder of Ray Morgan was premeditated

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with five felony counts of disseminating indecent material to a minor. Somerton was arrested and arraigned on Oct. 31 following an investigation into an offense that occurred on Kelsey Road in the Town of Batavia on Oct. 13. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Victoria Lynn Jacques, 49, of Seward Road, Alexander, is charged with aggravated driving while intoxicated, with a BAC of .18 or higher, and DWI -- first offense. Jacques was arrrested at 8:42 p.m. Oct. 27 on Broadway Road in Bethany. She was operating a vehicle that matched the description of a vehicle cited in a traffic offense complaint called into the Emergency Dispatch Center. Genesee County Sheriff's deputies pulled her vehicle over and allegedly determined she was intoxicated. She was transported to Genesee County Jail and released on appearance tickets for Town of Bethany Court Nov. 22. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Mathew Clor.

A group of youths was reportedly smashing pumpkins and yelling at people before possibly entering a blue house near the intersection of East Avenue and Vine Street in the city. Batavia police are responding.

David A. Leach Jr., 24, of Stafford, was arrested Oct. 20^th by the Le Roy Police Department and charged with: first-degree burglary, a Class B felony; second-degree strangulation, a Class D felony; third-degree criminal mischief, a Class C felony; and third-degree assault, a Class A misdemeanor. In the early morning hours of Oct. 20^th, Le Roy police responded to the report of physical domestic incident in progress. Upon arrival, the suspect, later identified as Leach Jr., had fled the scene and was believed to be operating a motor vehicle while under the influence of alcohol. It is alleged that Leach Jr. broke into a residence causing damage to property in the process, and once inside the residence a physical altercation occurred. During the altercation, Leach Jr. allegedly placed his hands around the victim’s neck, obstructing the breathing of the victim, and he bit the victim, causing physical injury. The defendant was subsequently located by the Genesee County Sheriff’s Office and faces additional charges. He was arraigned in the Le Roy Town Court and jailed in lieu of $10,000 bail. Leach Jr. is to return to the Le Roy Town Court at a later date to answer to the charges.

Heather M. Coates, 32, of Myrtle Street, Le Roy, was arrested on Friday, Oct. 26, 2018, and charged with one count of hindering prosecution in the third degree and one count of endangering the welfare of a child, both Class A misdemeanors. On Oct. 25, the Le Roy Police Department assisted New York State Parole with attempting to locate Rob H. Hoag. New York State Parole received information that Hoag was allegedly at Coates’ residence and at the time there was a child under the age of 17 also present in the residence, in violation of Hoag’s parole conditions. Patrols responded to the residence and spoke with Coates, who allegedly made several statements to the patrols hindering their investigation to locate Hoag. During the investigation, Hoag allegedly jumped from a second-story window at the residence then fled from police on foot. The Le Roy Police Department was assisted by the New York State Police and DEC K9 Unit in an attempt to locate Hoag. To avoid capture, it is believed Hoag was picked up in a vehicle and then left the area. Hoag was not located on the date of the incident. Coates was arrested as a result of assisting Hoag from being located by the police as well allowing Hoag to be in the presence of a child under the age of 17. Hoag was located and taken into custody on Oct. 26 on parole violations. Hoag also has pending charges with the Le Roy Police Department as a result of the incident on Oct. 25. Coates was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice. Coates is to reappear in the Le Roy Town Court on Dec. 3.

Brendan David Curry, 38, of Batavia Elba Townline Road, Batavia, is charged with: DWI with a previous conviction within the last 10 years; refusal to take a breath test; operator leaving the scene of a property damage accident; moving from lane unsafely; and second-degree burglary -- illegal entry of a dwelling. Batavia police were called to an address on Ellicott Street for a burglary in progress at 12:08 a.m. on Oct. 24. They were advised that Curry had fled the scene in a vehicle and had also struck a guard rail. NYS Police located Curry and his vehicle at the intersection of Webster Avenue and Howard Street. Batavia Police Officer Nicole McGinnis interviewed Curry and allegedly found him to be intoxicated and he was arrested. Batavia Police Officer Felicia DeGroot investigated the burglary and arrested him on the charge of second-degree burglary. He was arraigned in Batavia City Court and bail was set at $5,000 cash or $10,000 bond for the DWI; he was released on his own recognizance on the burglary charge. He was to return to city court the same day, Oct. 24. Batavia Police officers McGinnis and DeGroot handled this case.

A 17-year-old who lives on Oak Street in Batavia is charged with second-degree harassment -- physical contact. The defendant was arrested following a report that the defendant punched and pushed a juvenile near Dwyer Stadium at 7:40 a.m. on Oct. 17. The defendant was issued an appearance ticket and is due in Batavia City Court on Nov. 13. Then on Oct. 28, the same teenager and a codefendant, no age given, were arrested and charged with disorderly conduct and fighting in public. They allegedly entered the scene of a car accident at 2:13 p.m. on Oct. 28 on West Main Street, Batavia, while it was actively being investigated by police and engaged in a violent public fight. Neither defendant was connected to the accident in any way. They were processed and released on appearance tickets and are due in city court on Nov. 13. Both cases were handled by Batavia Police Officer Jason Ivison.

Lindsay JR Goins Jr., 62, of State Street, Batavia, is charged with second-degree harassment -- physical contact. He was arrested Oct. 24 for an incident that occurred at 4:46 p.m. on Oct. 23 on State Street during which he allegedly had physical contact with another person. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Annie G. Stanley, 65, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested Oct. 24 for an incident that occurred at 4:46 p.m. on Oct. 23 on State Street during which she allegedly had physical contact with another person. She was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Raymond Charles Cook, 48, of Jackson Street, Batavia, is charged with: DWI -- first offense; operating a motor vehicle while having a BAC of .08 percent or more; third-degree aggravated unlicensed operator; failure to use designated lane; and driving left of pavement markings. At 12:41 a.m. while on patrol, Batavia Police Officer Nicole McGinnis observed a vehicle traveling westbound on Main Street in Batavia committing numerous traffic infractions. After a roadside investigation, Cook was arrested. He was release on appearance tickets and is due in city court on Oct. 31. Batavia Police Officer Christopher Lindsay assisted Officer McGinnis with the case.

Jordan Edenholm, 30, of Gabbey Road, Pembroke, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; speeding; and making an improper left turn. He was arrested following a traffic stop on Route 63 in Batavia at 11:35 p.m. on Oct. 27. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Andrew Mullen.

Brandon Michael Burgess, 31, of Maltby Road, Oakfield, is charged with: DWI; DWI with a BAC of .08 percent or more; inadequate exhaust; and following too closely. Following a traffic stop on Lewiston Road in Batavia at 8 p.m. on Oct. 26, Burgess was arrested on these charges. He is due in Town of Batavia Court on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy James Stack.

Kimberly A. Showler, 53, of Ellicott Street, Batavia, is charged with petit larceny. She was arrested after it was discovered she was allegedly shoplifting at Tops Friendly Market in Batavia at 4:35 p.m. on Oct. 22. She is due in city court on Oct. 30. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Thomas Allan Torrens Jr., 23, of Overlook Drive, Batavia, is charged with unlawful possession of marijuana and speeding. On Oct. 28 following a traffic stop at 10:23 p.m. on Main Street Road in Batavia, Torrens was arrrested on these charges. He was issued an appearance ticket and is due in Town of Batavia Court on Nov. 12. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Brandon C. Smart, 41, of North Pembroke Road, Batavia, was arrested Oct. 26 on a Batavia City Court warrant for failure to appear on unnecessary noise charges he incurred on March 21 on Central Avenue in Batavia. The case was handled by Batavia Police Offier Stephen Quider, assisted by Jason Davis.

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

A former Batavia resident who was arrested on drug dealing charges in August of 2017 will be allowed to miss his County Court date for sentencing because it will conflict with federal prosecution he's facing in Maine.

Until recently, local authorities were unsure where Quintin L. Spinks, 34, had gone. He was located in a federal detention facility in Maine where he faces an indictment involving other individual accused of dealing drugs and trafficking in weapons.

Spinks, in the federal indictment, is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

Attorney Thomas Burns told Judge Charles Zambito in County Court today, where Spinks appeared, escorted by state corrections officers, that his client sought a delay in sentencing for "strategic" reasons related to his pending federal case and a pending case in Monroe County.

While the delay might help his other cases, it may mean he can't make it back for his sentencing once those cases are resolved, so today he waived his appearance for his eventual sentencing. He will allow Burns to accept a sentencing on his behalf.  

How the delay might help Spinks with his federal case was not discussed in open court.

Under a plea agreement, he can expect a prison term of under two years but there is no cap on his post-release supervision. He will also be required to pay the standard fines and make a $200 restitution to the county before he is sentenced.

He was arrested by the Local Drug Task Force on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested by federal authorities in Maine in June. His co-defendants are Rashaad McKinney, Deondray Warren, Sharoz Haywood, and Demario Boler. All face drug charges but McKinney and Warren also face federal weapons charges for making straw purchases of firearms -- buying guns using a fake name.

No date was sent for Spinks to be sentenced.

A person is apparently chasing a bike-theft suspect northbound on Walnut Street, Batavia.

There's no description of the bike thief.

UPDATE 8:43 p.m.: Police are out with the original caller on Walnut Street. No word on the bike thief.

UPDATE 8:48 p.m.: The suspect was last seen westbound on Main Street riding a pink and purple Roadmaster 10-speed.

Photo of two additional dogs that Welch had. Both are at the county animal shelter.

Suspected puppy abuser Brandon Welch made his first court appearance yesterday afternoon since his arrest Oct. 18.

The 23-year-old, who lives in an apartment on East Main Street in the city, was granted bail at his preliminary hearing.

It was requested by his private counsel, Frank Ciardi, on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

Ciardi, whose criminal defense practice is based in Rochester, advocated his client's suitability for bail by noting that Welch has no criminal history, he's lived here two years and was employed in Churchville at the time of his arrest.

To Ciardi's right stood his diminutive client, silent and stoop shouldered; shackled and wearing orange jail uniform, with his head nearly shorn bald and his brown beard neatly trimmed.

City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond, which was not opposed by First Assistant District Attorney Melissa Cianfrini.

The question of bail for the Class D felony charge of making a terroristic threat was deemed null and void after two witnesses could not get here in time to testify. The charge was brought after investigators learned that the defendant allegedly said he would shoot the next cop who came to his home.

Two female witnesses were to be served with orders of protection from Welch, subpoenaed and brought from the "other side of the state" to Batavia to testify about the threat they allege Welch made against law enforcement. That failed to happen by 11:30 a.m. yesterday.

As of the day before -- Tuesday afternoon -- Welch's case was docketed for 1:30 p.m. Wednesday. Yet the pair of witnesses was apparently scheduled to give statements earlier -- in the morning -- and the deadline could not be met.

The first district attorney said not only were orders of protection requested, and subpeonas sought, but the people requested all of Welch's firearms to be turned over; she was concerned that only two of three known weapons were recovered in Welch's apartment by law enforcement after they got a search warrant.

Judge Balbick said there was no order on file concerning the firearms.

Cianfrini said she had supporting depositions showing that the defense was asked to turn over all weapons and ammunition.

"He freely handed over the weapons he had there," replied Ciardi.

But a third weapon, a rifle which Cianfrini referred to as a "30-'ott'-6" -- which is a caliber, a size of cartridge (.30-06) that is used in various kinds of weapons and is powerful enough to take down a moose -- was not recovered.

The rifle and ammo were missing and a rifle case was "found empty," she said, adding that this made the people uncomfortable because Welch had been seen in possession of the rifle.

Ciardi then asked: "Why would he turn over two weapons and not all three?"

He added that if Welch is released -- he makes bail -- he will advise him to turn over all weapons.

An emaciated 9.2-pound pit bull mix pup now known as "Opal" was brought to Batavia Police after it was found in Stafford Oct. 4. A tipster later led police to Welch. 

Three other animals in his care were subsequently seized from Welch's home: a bearded dragon lizard, which, like Opal, is now in foster care; and two other mixed breed dogs, which Welch told Judge Balbick are part boxer and part German shephard, respectively. The canines appear healthy, albeit lean, and are at the shelter. They have an eager-to-please, energetic disposition.

Under Article 26 of the state Agriculture and Markets Law, the shelter is eligible to be reimbursed at a rate of $10 per animal per day for any seized animal in its custody, plus vet bills. Vet bills in Welch's case to date stand at $837.38 and counting.

The bond application sought was for more than $4,500, according to Animal Control.

Because Welch forfeited ownership of all four creatures, repayment for costs incurred and vet bills will not be sought and the security bond application was vacated.

Welch's next city court date is 1:30 p.m. on Tuesday, Oct. 30, for discovery on the misdemeanor counts and pre-trial motions.

Inset photo above right: This is an example of the kind of lizard -- a bearded dragon lizard -- Welch kept before relinquishing ownership Wednesday. It is not a picture of the one that belonged to Welch.

Ronnie L. Calloway, 24, of Hutchins Place, Batavia, is charged with third-degree assault. He was arrested on Oct. 23 after city police responded to 22 Hutchins Place. He was jailed on $2,500 bail and was due in Batavia City Court this morning (Oct. 25). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Renee L. Sweet, 36, of Prestige Crossing, Batavia, and Danielle E. Winter, 29, of Park Street, Alden, were arrested at 1:58 p.m. on Oct. 20 on East Main Street in Batavia and charged with disorderly conduct. They were allegedly observed by two Batavia Police officers engaging in a physical altercation outside. They are due in Batavia City Court on Oct. 30. Sweet's case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins. Winter's case was handled by Officer Perkins, assisted by Officer Cowen.

Thomas Allen Griffin, 31, of Ellicott Place, Batavia, is charged with second-degree criminal contempt. He was arrested Oct. 22 after allegedly violating a stay-away order of protection at 12:06 p.m. on Oct. 20 by being at the residence of the protected party. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Christopher Lindsay.

Katty Lee Jackson, 22, of East Main Street, Batavia, was arrested on a warrant for failing to appear in court on a ticket for criminal trespass. She was arraigned, then released on her own recognizance and is due in Batavia City Court on Nov. 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Harry R. Silliman, 54, homeless, is charged with second-degree criminal contempt for an alleged violation of a court order. At 4:57 p.m. on Oct. 19, Silliman was arrested for allegedly violating an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $1,000 bail. He was due back in court on Oct. 22. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

An unidentified individual broke into Chesley's Auto Service & Tire two nights ago and removed items from the business, according to Batavia PD.

Investigators are asking the public's assistance in identifying the individual.

The person who broke in approached Chesley's through the parking lot of a neighboring business, smashed a window out at Chesley's and entered the building.

What items were removed is not being released at this time.

Anyone with information in reference to the case may contact Detective Thad Mart at 585-345-6372 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

A 23-year-old City of Batavia man suspected of starving and neglecting a puppy found by a Good Samaritan in Stafford on Oct. 4 has been arrested.

Brandon Joseph Welch was arrested in the afternoon on Oct. 18 at his residence, 679 E. Main St., apt. 4H, and jailed without bail for allegedly making a terroristic threat to police, among other charges.

Batavia police executed a search warrant at his apartment in connection with the animal abuse case of a pup Volunteers for Animals at the shelter dubbed "Opal." That animal is now in foster care.

According to Batavia Police Det. Eric Hill, police got the warrant after receiving a tip from a witness.

Welch initially told police that he had found the puppy, a fawn-and-white colored female weighing only 9.2 pounds when rescued. The dog was not able to stand on its own and was covered in urine and feces, and was severely dehydrated and malnourished.

The police investigation determined Welch was "supposed to be caring for the dog," Hill said.

Welch said "he was going to shoot the next police officer who came to his apartment," Hill said, and police recovered firearms in Welch's possession.

Welch is charged with making a terroristic threat, which is a Class D felony, as well as falsely reporting an incident in the third degree (for claiming he found the animal); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

He was arraigned the same afternoon, last Thursday, and is due in Batavia City Court tomorrow, at 1:30 p.m. on Wednesday, Oct. 24.

The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Opal, meanwhile, is looking like a different creature since she's been in foster care and received veterinary care and some decent nutrition. The pictures below -- sitting up smart and standing up strong on all fours, -- were sent to us yesterday by Volunteers for Animals. (Love those ears! Note the wagging tail!)

John Wesley Mitchell Jr., 44, (above photo) of South Main Street in Oakfield, is charged with failure to provide sustenance. He was arrested at his residence on Oct. 19 on three counts of failure to provide sustenance, a misdemeanor under Section 353 of the state Agriculture and Markets Law. It is alleged that Mitchell deprived two canines of appropriate housing. It is also alleged that Mitchell deprived one of the canines of physical care. Mitchell was issued appearance tickets returnable to the Town of Oakfield Court. He is due there at 6 p.m. on Monday, Nov. 5. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth.

Richard Anthony Dekenipp, 50, of Fayette Street, Palmyra, is charged with petit larceny. Following a larceny investigation at a business on Ledge Road in the Tonawanda Indian Reservation, Dekenipp was arrested at 4:28 p.m. on Oct. 19. He allegedly stole a carton of Seneca Menthol cigarettes at 3:43 p.m. on Oct. 14 by passing all points of purchase without paying. He was released after being issued an appearance ticket for Town of Alabama Court, where he is due on Nov. 7. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Erik Andre.

As a matter of precaution, the county's Emergency Response Team was called to a residence on Lewiston Road in the Town of Batavia early this morning to help arrest two men who were accused of threatening another person in the Town of Alabama earlier in the morning.

The incident meant Route 63 was closed to all traffic, and residents in the area were told to shelter in place, from about 5:30 a.m. until 10 a.m.

Taken into custody were Kevin M. Fossum, 52, and Charles L. Beach, 50. Both were charged with aggravated harassment, 2nd, and menacing, 2nd.

Fossum is the primary resident at the house where he was arrested, and Beach is apparently a friend and a roommate.

Fossum is accused of threatening a person over the phone at about 2:30 a.m. and then a short time later showing up at that person's home in Alabama with Beach and making specific threats against that person. That person claims Fossum possessed a firearm during the confrontation.

Since that subject knew Fossum, deputies responded to his residence on Lewiston Road. They approached with caution because of the possible presence of a firearm. 

When deputies did not make contact with the men inside, even though Fossum's car was in the driveway, ERT was dispatched.

Sgt. Andrew Hale said Fossum has become known to deputies recently because of other calls to his residence. He is a retired Army Ranger and a black belt.

"He has serious credentials," Hale said.

Hale said that because of the possibility of a firearm, Fossum's recent behavior, and Fossum's background, ERT and extra officers were called in as a matter of caution, not that an actual threat was made against officers or a more serious immediate conflict.

At some point, while the incident progressed, Fossum, apparently unaware of the police presence, got in his vehicle with an apparent intent to leave the residence. At that point, he was taken into custody.

Officers were unable, however, to make contact with Beach. They were unsure of what Beach was doing inside the house. He could very well have been sleeping, Hale said.

Eventually, officers made contact and Beach exited without incident and was taken into custody.

A search warrant was obtained, and the house, yard, and car were searched. No weapons were recovered.

Neighbors told investigators, Hale said, that Fossum was not known to possess firearms.

Fossum was jailed on $7,500 bail, and bail for Beach was set at $5,000.

The Sheriff's Office was assisted by Batavia PD, ERT, the Orleans County Emergency Response Team, and the State Police.

No injuries were reported in the incident.

Haley M. Merrill, 26, of East Main Street, Batavia, is charged with: 10 felony counts of second-degree forgery; 10 felony counts of first-degree offering a false instrument for filing; and 10 Class A misdemeanor counts of second-degree criminal impersonation. On Oct. 13, Merrill was arrested in the Town of Alexander on charges of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree. Upon entering GC Jail, it is alleged that Merrill provided false information -- a false identity -- in an attempt to benefit herself. On Oct. 16, she was arrested and arraigned on charges pertaining to false identification and then jailed without bail. She was due back in Batavia City Court on Oct. 17. The case was investigated by Deputy Ryan M. DeLong and Senior Correction Officer Matthew Burgett, assisted by Deputy M. Lute, Deputy K. McCarthy, Deputy K. Forsyth and Deputy J. McClellan.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with aggravated DWI, and DWI. At 11:20 p.m. on Oct. 14 on Alleghany Road, Alabama, deputies responded to the report of a motor-vehicle accident in the Town of Alabama. They located a vehicle with heavy front and side damage. Deputy Ryan Young located the operator walking away from the vehicle. Following an investigation, it is alleged that Norton was driving while intoxicated and his blood alcohol level was above .18 percent. It was determined that Norton allegedly struck a parked car in Orleans County before being stopped in Genesee County. He is due in Alabama Town Court on Nov. 14 to answer the charges. Deputy Young was assisted by Deputy Andrew Mullen in this case.

Eric Charles Dockstader, 34, of Council House Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. On Oct. 13 at about 2:48 p.m., deputies responded to Meadville Road in the Town of Alabama for a report of a violation of a court order of protection. Dockstader was subsequently arrested. He was issued an appearance ticket and is due in Town of Alabama Court on Nov. 1. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

John J. Saddler, 31, of East Main Street, Batavia, is charged with violating an order of protection. Saddler was arrested at 9 p.m. on Oct. 14 on Watson Street in Batavia and arraigned in Batavia City Court on the charge. He was jailed on $2,500 cash bail or $5,000 bond. The defendant is due in court Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Todd J. Pangrazio, 42, of Pleasant View Drive, Lancaster, is charged with failure to appear in court after an appearance ticket was served. He was served with an appearance ticket after failing to go to court after being issued a ticket following a traffic stop in March 4 in the City of Batavia. He was arraigned on Oct. 17 and jailed on $1,000 cash or bond. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.