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Ten arrests reported at Monday night concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the 5 Finger Death Punch/Breaking Benjamin Concert at Darien Lake Performing Arts Center on Monday:

Gage L. Ellis, 27, of Thompson Avenue, Little Valley, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return. Gage was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Jason M. Raiser, 38, of Presbyterian Road, Knowlesville, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Cynthia A. Krause, 37, of Goodrich Road, Clarence, is charged with Disorderly Conduct after allegedly causing a disturbance while being ejected from the concert venue.

Kevin T. Smith, 34, of Buffalo Avenue, Buffalo, is charged with trespass after allegedly refusing to leave the concert venue while being ejected.

Melissa A. Barrett, 36, of Lincoln Avenue, Salamanca, is charged with trespass after allegedly refusing to leave the concert venue after being ejected and told not to return.

Cassandra J. Boyea-Baker, 22, of Center Point Road, Canandaigua, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Jessica P. Seamans, 24, of Merrian Heights, Wellsville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Lindsay L. Harris, 24, of North Brooklyn Avenue, Wellsville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

William D. Rutland, 39, of Ridge Road, Ransomville, is charged with disorderly conduct after allegedly engaging in a fight inside the concert venue.

Caitlin E. Richardson, 24, of Route 29, Wayland, is charged with criminal mischief, 4th (3 counts), after allegedly breaking the mirrors off three cars in the parking lot.

Law and Order: Oakfield man accused of violating order of protection at Oakfield Labor Daze on Monday

By Billie Owens

Mark David Jackett, 48, of Batavia Oakfield Townline Road, Oakfield, is charged with second-degree criminal contempt of court. At about 5:30 p.m. on Labor Day (Sept. 3), deputies responded to the Oakfield Labor Daze Festival on Main Street in the Village of Oakfield for a report of a violation of an order of protection. Following an investigation, Jackett was arrested for allegedly violating a court order of protection against a protected party. He is due in Oakfield Town Court on Sept. 10 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Donald Oscar Summers Jr., 48, of Clinton Street, Buffalo, is charged with DWI and operating a motor vehicle with a BAC of .08 percent or greater. On Sept. 3 following the investigation of a minor motor-vehicle accident on Alleghany Road in Darien, which led to the driver fleeing on foot, the defendant was arrested at 11:18 p.m. He was issued appearance tickets and is due in Town of Darien Court on Oct. 16. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Mathew Clor.

Colton Douglas Chappius, 29, of South Main Street, Elba, is charged with second-degree criminal contempt. He was arrested at 12:30 p.m. on Sept. 1 on North Main Street in Elba after he allegedly violated an Orleans County Family Court Order of Protection directing him to refrain from offensive conduct. He is accused of refusing to return property and using loud and vulgar language during a custody exchange in the presence of protected persons. He was issued an appearance ticket for Elba Court and is due there Sept. 26. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Christine Charlene McBride, 24, of Kenmore Avenue in Buffalo, is charged with petit larceny. Following a larceny-in-progress complaint from a business on Veterans Memorial Drive, McBride was arrested at 8:38 p.m. on Sept. 2. She allegedly stole $366.45 worth of merchandise by concealing it in plastic bags and passing all points of purchase without paying for the items. She is due in Town of Batavia Court on Sept. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kevin Forsyth.

Law and Order: Le Roy police arrest two people suspected of driving drunk on Labor Day

By Billie Owens

Matthew J. Arelline, 49, of Wolcott, was arrested in the late evening of Sept. 3 by the Le Roy Police Department. Arelline was charged with: driving while intoxicated as a Class A misdemeanor; felony aggravated DWI with underage child passenger; failure to use designated lane; consumption/alcohol in a motor vehicle; and refusal to take breathe test. At approximately 10:47 p.m. on Sept. 3 an officer assigned to DWI Crackdown Patrol observed a vehicle allegedly operating failing to maintain its designated lane on Clay Street in the Village of Le Roy. Patrols initiated a lawful traffic stop and identified the operator as Arelline. After a subsequent investigation, it was believed he was intoxicated. Arelline had a child passenger in the vehicle. Arelline was taken into custody and processed without incident. He was arraigned in Le Roy Town Court put in County Jail on $2,500 cash/ $5,000 bond. Arelline is due back in court on Sept. 14th and Oct. 1st to answer the above charges.

Aaron G. Lynch, 27, of Churchville, was arrested in the early morning of Sept. 3 by the LeRoy Police Department. Lynch was charged with: driving while intoxicated; driving with a blood alcohol content greater than .08 of 1 percent, both class A misdemeanors; failure to use designated lane; driver's view obstructed; two counts of consumption/alcohol in a motor vehicle; and uninspected motor vehicle. At approximately 2:35 a.m. on Sept. 3, an officer assigned to DWI Crackdown Patrol observed a vehicle allegedly operating failing to maintain its designated lane on Wolcott Street in the Village of Le Roy. Patrols initiated a lawful traffic stop and identified the operator as Lynch and after a subsequent investigation, it was believed he was intoxicated. Lynch was taken into custody and processed without incident. Lynch was released with an appearance ticket and is due back in Town of Le Roy Court to answer the above charges on Oct. 1st.

Law and Order: Woman accused of kicking deputy while holding a child

By Howard B. Owens

Rachel Brittany Solomon, 26, of Meadville Road, Tonawanda Indian Reservation, is charged with criminal mischief, endangering the welfare of a child, resisting arrest, and harassment, 2nd. Solomon is accused of damaging the property of another person at 6:39 p.m. Thursday at a location on Meadville Road. Solomon allegedly resisted arrest and kicked a deputy while holding a child. Solomon was jailed on $2,000 bail or $4,000 bond.

Nicholas David Frayne, 21, of Two Rod Road, Alden, is charged with grand larceny, 4th, and criminal trespass, 3rd. Frayne allegedly stole scrap metal from an enclosed property on Sumner Road, Darien, on July 21 and Aug. 9. The case was investigated by Deputy Kyle Krzemien and Investigator Joseph Loftus. Also charged, Dalton James Offhaus, 21, of Brookville Road, Alexander.

Robert C. Hayes, 28, of Le Roy, is charged with unlawful possession of marijuana. Hayes was stopped by State Police at 4:45 p.m. Wednesday on Route 20 in Pavilion.

Law and Order: Byron resident accused of damaging property of a neighbor

By Howard B. Owens

Nicholas Ronald Schramm, 18, of Byron Holley Road, Byron, is charged with criminal mischief, 4th. Schramm is accused of damaging property of another person while at a residence, not his own, on Byron Holley Road, Byron, on Monday. He was jailed on $5,000 bail or $10,000 bond.

Connor D. Gardner, 18, of Kemp Drive, Macedon, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana.

Justin Daniel Pursel, 28, of North Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and leaving the scene of a property damage accident. Pursel was allegedly involved in an accident on Batavia Elba Townline Road at 1:30 a.m. Saturday. The accident was investigated by Deputy Mathew Clor and Deputy Andrew Mullen.

Kyle J. Stack, 32, of Medina, is charged with DWI, unlawful possession of marijuana, and obstruction of governmental administration. Stack is accused of driving drunk in the Town of Bergen at 11:11 p.m. Tuesday though he was arrested by State Police in the Village of Medina. He was ordered held on cash bail. No further details released.

Quinton V. Holmes, 27, of Churchville, is charged with driving while impaired by drugs, failure to keep right, and speeding. Holmes was stopped by State Police on Buffalo Road, Bergen, at 3:43 p.m. Saturday.

Jennifer L. Blake, 44, of Elba, and Christopher W. Blake, 44, of Byron, are charged with trespass. The two people were arrested by State Police for allegedly trespassing on property in Byron at 7:45 p.m. Thursday. No further details released.

Jay R. Howcraft, 58, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Howcraft was stopped by State Police at 8:21 p.m. Friday on Pratt Road, Town of Batavia.

Fifteen arrests reported at G-Eazy concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Department during the G-Eazy Concert at Darien Lake Performing Arts Center on Friday.

Terrance L. Falk, 19, of Watson Street, Batavia, is charged with disorderly conduct, harassment, 2nd, and resisting arrest after allegedly yelling several obscenities around other individuals while being ejected from the concert venue causing a disturbance; head-butting a Live Nation employee in the face; and fighting with law enforcement while being placed under arrest. Falk was arraigned in Darien Town Court and jailed in lieu of $500 bail. 

A 16-year-old of Audubon Drive, Amherst, is charged with false personation, obstructing governmental administration, and resisting arrest after allegedly being refused entry into the concert venue, running into a restricted area, fighting with law enforcement while being placed under arrest, and then giving a false name to law enforcement. The youth was arraigned in Darien Town Court and jailed in lieu of $2,000 bail.

Kaitlyn M. Kist, 19, South Creek Road, Derby, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Kist was arraigned in Darien Town Court and jailed in lieu of $200 bail.

Brittany J. McGruther, 22, of Lower Mountain Road, Lockport, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Brittany was arraigned in Darien Town Court and jailed in lieu of $200 bail.

Michaela R. Bohn, 18, of Clinton Street Road, Batavia, is charged with criminal possession of a controlled substance, 7th, after allegedly being found in possession of a small quantity of cocaine and heroin.

A 17-year-old of South Main Street, of Angola, is charged with trespass after allegedly climbing on top of a concession stand and entering a restricted area.

Adam L. Vargas, 20, of Coleman Street, Barker, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

A 17-year-old of South Union Road, of Williamsville, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

John J. Rozmus, 23, of Laird Avenue, Buffalo, is charged with disorderly conduct for allegedly yelling several obscenities around other individuals trying to enter the concert venue, causing a disturbance.

Kaylin M. Carlson, 19, of Route 64, Bloomfield, is charged with harassment, 2nd, after allegedly punching another individual in the face.

Timothy D, Trask, 19, of Wilkinson Road, Erin, is charged with harassment, 2nd, after allegedly pushing and shoving law enforcement while being ejected from the concert venue.

Ashley R. Jolliff, 22, of Lowell Road, Tonawanda, is charged with harassment, 2nd, after allegedly shoving a law enforcement officer while another individual was being arrested.

Able Nazareem Supreme Jones, 18, of Falls Street, Seneca Falls, is charged with unlawful possession of marihuana after allegedly being found in possession of a small quantity of marijuana.

(Name redacted upon request), 19, of Woodmore Court, Lockport, is charged with unlawful possession of marihuana after allegedly being found in possession of a small quantity of marihuana.

Cornelius Lawson III, 21, of Middle Street, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of a small quantity of marijuana.

Restitution still pending in former nurse's seven-year-old theft case

By Howard B. Owens

Michelle Ann Case, now 50, and twice convicted of stealing money from her former employer, HomeCare & Hospice, has yet to pay back any of the more than $14,000 she took by falsifying business records.

The former Bergen resident was back in County Court today for a restitution hearing, which consisted primarily of her attorney, Public Defender Jerry Ader, and District Attorney Lawrence Friedman providing Judge Charles Zambito reams -- one of the four folders was three-inches thick -- of reading material.

The folders contained trial transcripts, transcripts of the 2012 restitution hearing, and documentation of the falsified reports.

By law, Case will be required to pay at least $3,000, the amount specified by the language of the statute in penal law she violated, but only a judge, after reviewing evidence, can order a defendant to pay more than that statutory amount.

Legal troubles for Case go back to at least 2010 when she was arrested and accused of stealing more than $35,000 from two elderly patients. Those charges were dismissed with no explanation from Judge Robert C. Noonan and the case files were sealed.

In 2011, Case was arrested again, this time accused of submitting false claims for hours worked and miles driven to HomeCare & Hospice. She was convicted March 1, 2012, and sentenced to four months in jail and probation.

Nearly two years later, an appeals court overturned her conviction and ordered a new trial.

The jury again returned a guilty verdict in July 2014.

At her sentencing in August 2014, Case told Noonan, she had done nothing wrong and said the real criminals were the executives at HomeCare & Hospice.

"These rules were new and used retroactively to make my legitimate paid time into unpaid time in an attempt by Hospice to claim I stole from them and in effect steal themselves," Case said. "They then fraudulently submitted their so-called losses to insurance and filed a false report to the police."

Noonan sentenced Case to probation.

But that left the matter of restitution unresolved. 

Friedman argued that there had already been a restitution hearing on the same facts and Case had been ordered to pay $14,000 in restitution. An appeals court saw it differently and ordered a new restitution hearing. Fortunately, Friedman said, it was unnecessary this time to call all the witnesses in again. The transcripts are all Zambito needs to review the case and render a decision.

Zambito will review the documents over, at least, the next 30 days, perhaps longer, before issuing a decision.

Thief says drug treatment has been life changing, asks for chance to stay in program

By Howard B. Owens

There was only one thing Kali Zelakiewicz wanted from Judge Charles Zambito as she stood before him in Genesee County Court this morning and that was permission to continue in a drug treatment program.

The 26-year-old resident of East River Road in Grand Island was sent to the Willard Drug Treatment Center in Romulus following her conviction on fourth-degree grand larceny charges in Erie County.

With her dark hair cropped tight and clothed in prison-issued tan pants and a starched, white, button-down shirt, Zelakiewicz said Willard has been life-changing.

"There's a lot of stuff," Zelakiewicz said as she started to sob briefly, "that I've learned in 23 days that I never learned before in my life."

Zelakiewicz was arrested in Genesee County in November 2017 after a resident of Pembroke connected with Zelakiewicz on Facebook and hired her to do landscaping work. The victim provided Zelakiewicz a credit card number to cover a down payment on the work and Zelakiewicz used the information to make unauthorized purchases in Grand Island.

Information isn't available on the recent arrest in Erie County that landed Zelakiewicz in Willard but one of Zelakiewicz's prior arrests, from 2012, was for identity theft and grand larceny. Zelakiewicz was accused of using her grandmother's identity to go on a $25,000 spending spree.

Sandra Cassidy, Genesee County's newest assistant district attorney, argued for a harsh sentence given Zelakiewicz's three felony convictions.

"There doesn't appear to be an abatement or learning process by treatment and probation," Cassidy said.

But Zelakiewicz told Zambito that prior to Willard she had never been placed in drug treatment before.

Zambito had the option to sentence her to one and a half to three years in prison, with the sentence to run either concurrent to her Erie County term or consecutive to it.

The judge made the local sentence consecutive to the Erie County term but explained to Zelakiewicz that by allowing her to continue at Willard while making the sentence consecutive, he is giving her a chance to succeed but with consequences if she slips back into her old habits.

"This provides you an opportunity to prove you deserve a second chance but it also protects the community," Zambito said.

Ray Morgan's daughter says family looking for answers and justice in murder case

By Howard B. Owens

The family of Ray Morgan misses him every day, said daughter Raelee Morgan in an interview earlier this week, which is making it so hard to wait for justice in his murder case.

Batavia PD has a person of interest and that person is being held in the Genesee County Jail on an unrelated charge, but until the State Police lab reports back on the results of DNA tests from the crime scene it would be premature to try and charge that person with murder, said Chief Shawn Heubusch.

Raelee said members of the family don't feel the case is moving fast enough nor is much information being shared with the family.

"I'm not sure what they're looking for but we're doing everything we can to prepare a case to present to a grand jury," Heubusch said. "The worst thing that can happen is we present a case and the grand jury returns a no bill, then we're done. We can't present the case again."

Heubusch said the State Police lab is cooperative and has expedited the case but it still takes time to get results.

He also said investigator's sisters communicate regularly with Raelee's sister, Faith, but the police cannot release all of the information they have because there is information, if made public, that could compromise the investigation.

The 47-year-old Morgan, who besides two daughters, had seven grandchildren, was reportedly badly beaten in the attack.

Heubusch sounded a little exasperated at one point to even be talking about the case publicly.

"When you go on social media or you go to the media and start talking, it hurts the case," Heubusch said. "You could put something out there that makes it harder to get a conviction."

Raelee said the family just wants justice and they don't want the public to remember him as a person who had a criminal record but as a man who was a kind, loving family man, and friend to many people. She said everything he did, even the things that got him into trouble, was to help other people.

"He was the type of guy that no matter who you are what you've done in the past, he will give you the shirt off his back," Raelee said. "If he had 10 dollars in his pocket he would give it to you if you needed it. He was an amazing guy. He really was."

She's also upset that after Morgan's murder the night of July 24 at 111 Liberty St., Batavia, that once police left his apartment, the room was left open. Morgan's belongings disappeared, she said, and a neighbor posted gruesome, bloody pictures on Facebook.

Raelee blames the police.

"I would like to find a lawyer for the wrongdoings of the Batavia Police Department handling his crime scene because, like I said, his crime scene was not taped off; his crime scene was completely opened up," Raelee said. "Myself and my sister only received three bags of bloody clothes -- all the rest of his belongings were thrown away."

The day after the murder, Heubusch told The Batavian that once investigators finish processing a crime scene, the property is turned over to the property owner and the owner from that point is responsible for securing the scene. As a matter of Constitutional law, the police cannot maintain control of private property once it has finished processing the crime scene.

The Batavian's news partner, 13WHAM contributed to this story.

Law and Order: Batavia man accused of stealing from his employer, possessing defaced, illegal firearm

By Billie Owens

Steven A. Barclay, 32, of South Main Street, Batavia, is charged with petit larceny and third-degree criminal possession of a weapon -- defaced for concealment. He was arrested at 7 p.m. on Aug. 16 on Apollo Drive in Batavia for allegedly stealing from his employer. While investigating the larceny, it was discovered that Barclay also allegedly possessed a defaced, illegal firearm. He was arraigned in City Court and put in Genesee County Jail. He was due in court on Aug. 22. The case was investigated by Batavia Police Officer Catherine Mucha, assisted by Officer Marc Lawrence.

Devin L. Stevenson, 26, of Ellicott Street, Batavia, is charged with open burn. On Aug. 19 at 10:32 p.m. City fire responded to 411 Ellicott St. where they located a recreational fire where plastic was being burned. Stevenson was issued an appearance ticket for Aug. 28 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Julie R. Ewing, 29, of Mill Street, Akron, is charged with: DWI; DWI -- operating a motor vehicle with a BAC of .08 percent or higher; driving left of pavement markings; and failure to signal. Ewing was arrested at 3:06 a.m. today (Aug. 24) on Bloomingdale Road in the Tonawanda Indian Reservation following a traffic stop. She was arraigned in Alabama Town Court and jailed in lieu of $1,000 cash bail or $2,500 bond. She is due back in court on Sept. 6 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Ronnie J. Flinchum, 59, of East Main Street, Batavia, was arrested Aug. 20 on an active bench warrant out of City Court. Flinchum was located at an acquaintance's residence on West Main Street in Batavia during an unrelated incident. During the investigation, the bench warrant was discovered. The defendant was taken into custody without incident, arraigned, then jailed in lieu of $1,500 cash bail or $2,500 bond. Flinchum is due in court at a later date. The case was investigated by Batavia Police Officer Kyle Krtanik, assisted by Officer Marc Lawrence.

Mikia M. Thomas, 30, of Norton Street, Rochester, was arrested at 9:33 a.m. on Aug. 22 for failing to appear in court on two traffic tickets. The tickets were for aggravated unlicensed operation, 3rd, and inadequate or no stop lamps. Thomas was arraigned in City Court and released on her own recognizance. She is to return to court on Sept. 20. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Jason Davis.

Taylor L. Finnin, 25, of South Swan Street, Batavia, was arrested on a warrant Aug. 22 for failure to show up for court after being served an appearance ticket on a previous charge. After being processed at BPD, Finnin was issued another appearance ticket and is due back in court on Aug. 28. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

David P. Grossman, 35, of State Street, Batavia, was arrested Aug. 23 on a bench warrant for allegedly failing to appear in City Court for sentencing. After arraignment, he was released on his own recognizance and is due back in court on Sept. 18. The case was handled by Batavia Police Officer Jamie Givens.

Pavel V. Yefremenko, 30, of Broadway Road, Darien, was arrested on Aug. 23 on a bench warrant out of City Court after he allegedly failed to meet requirements of his release. He was arraigned, held on bail, and was due in City Court this morning. The case was handled by Batavia Police Officer Cowen Mitchell.

Tyler D. Price, 25, of Ross Street, Batavia, was arrested at 9:21 p.m. on Aug. 22 on a bench warrant out of Batavia City Court. It is alleged Price failed to comply with a court-ordered program. The defendant was arraigned in City Court and jailed in lieu of $100,000 cash or bond. Price was due in court Thursday (Aug. 23). The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Kaylynn C. Buchinger, 19, of Judge Road, Alabama, is charged with unlawful possession of marijuana. Buchinger was arrested on South Jackson Street in the City of Batavia at 10:43 p.m. on Aug. 22 after police investigated a suspicious vehicle in a parking lot. The defendant was allegedly found to be in possession at marijuana. She is due in City Court Sept. 4 to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Peter Flanagan.

Law and Order: McKenzie Street woman in Bergen accused of leaving a child under 5 without proper supervision

By Billie Owens

Christina Louise Wass, 45, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. She was arrested at 8 p.m. on Aug. 21 following a complaint in the Village of Bergen. It is alleged that Wass had a minor under age 17 in her care and custody and that she left the child alone without proper supervision, and that child was under age 5. She was arraigned in Town of Le Roy Court and jailed in lieu of $1,000 cash bail or $3,000 bond. She is due in Town of Bergen Court on Sept. 5. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Sgt. Jason Saile.

John David Meiler, 33, of Reinhardt Road, Alden, is charged with: driving while ability impaired by drugs; aggravated unlicensed operation in the first degree; DWI; and operating a vehicle withcKeout an ignition interlock device. On Aug. 21 at about 7:48 p.m., Genesee County Sheriff's deputies responded to 358 Bloomingdale Road in Alabama for a property damage accident. Meiler, whose driver's license has been revoked, was arrested at the scene on the charges. He was issued appearance tickets and is due in Town of Alabama Court on Sept. 26. The case was handled by Deputy Erik Andre.

Mark David Humel, 26, of Main Road, Pembroke, is charged with: driving while ability impaired (DWAI); aggravated unlicensed operation in the first degree; DWAI -- combined drugs and alcohol; used a vehicle not equipped with an ignition interlock device; and leaving the scene of a property damage accident. On Aug. 20 at about 3:37 p.m., Genesee County Sheriff's deputies responded to 8330 Lewiston Road in the Town of Batavia for a report of a property damage accident. Following an investigation, Humel, whose driver's license is revoked, was arrested on the charges. He was issued appearance tickets and is due in Town of Batavia Court on Sept. 24. The case was investigated by Deputy Erik Andre, assisted by Deputy Howard Wilson.

Marshall A. Silvernail, 31, of Asbury Road, Le Roy, was arrested on Aug. 12 for trespass, a violation. Le Roy Police Department responded to a residence located in the Village in the early morning hours of July 29 after receiving a complaint that there was an unwanted subject on the property. Upon arrival, patrols allegedly located Silvernail on the property attempting to enter the premises. After a brief investigation, it is believed that Silvernail had previously been told he was not allowed on the property and charges were later brought for his arrest. He was due in Le Roy Town Court Aug. 13 to answer the charge.

Ramon S. Gilliam, 43, of Main Street, Le Roy, was arrested on Aug. 16  by the Le Roy Police Department and with charged with attempted identity theft in the third degree, a Class B misdemeanor. This charge stemmed from a complaint that officers received and after an investigation it is alleged that Gilliam did in fact, attempt such crime. Gilliam was taken into custody and processed without incident and issued an appearance ticket for Sept. 20 in Le Roy Town Court to answer the charge.

Three people arrested at Miranda Lambert concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Miranda Lambert Concert at Darien Lake Performing Arts Center on Thursday:

Monica W. Granata, 54 of Old French Road, West Seneca, is charged with two counts of harassment, 2nd, after allegedly punching, kicking and biting two Live Nation security officers while being ejected from the concert.

Christine M. Klafehn, 53 of High Street, Holley, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return.

Lilliam L. Klafehn, 19 of High Street, Holley, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return.

Law and Order: Driver accused of driving drunk with two prior convictions

By Howard B. Owens

Candido Candelaria III, 26, of East State Street, Albion, is charged with: felony DWI; felony driving with a BAC of .18 or greater; first-degree aggravated unlicensed operation; consuming alcohol in a motor vehicle; following too closely; driver's view obstructed; and leaving the scene of a property damage accident. Candelaria was reportedly involved in an accident at 12:12 p.m., Thursday, on Clinton Street Road, Le Roy, which was investigated by Deputy Kevin Forsyth. Candelaria reportedly has two DWI convictions in the past 10 years.

Mikhail Alexander MacPherson, 35, of Gully Road, Le Roy, is charged with criminal mischief, 4th, menacing, 3rd, and unlawful imprisonment, 2nd. MacPherson allegedly prevented a victim from calling for emergency assistance or leaving a residence during a dispute reported at 12:32 a.m. Friday on Gully Road, Le Roy.

Male assault victim is at the Pok-A-Dot in Batavia awaiting medics

By Billie Owens

A male victim of an assault is at the Pok-A-Dot restaurant on Ellicott Street in the City of Batavia. No word on how the alleged attack occurred. City police and Mercy medics are responding.

UPDATE 8:07 p.m.: The victim was punched once; he is being interviewed by police.

BPD looking for information related to an accident in traffic circle this morning

By Howard B. Owens

Press release:

The Batavia Police Department is investigating a personal injury accident which occurred on today at approximately 9:15 a.m. The accident reportedly occurred at the traffic circle and involved a bicyclist being struck by a sports utility vehicle.

Anyone with information in reference to the case may contact Officer Kyle Krtanik at the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online

UPDATE: Additional information:

A female in her early 20s was riding her bicycle in the roundabout when she was struck by a gold SUV operated by a male believed to be in his 30s with short blond hair. The female sustained only minor injuries and was treated at a local medical facility. The vehicle then left the scene.

Law and Order: Homeless man jailed without bail following melee he's accused of starting at hospital

By Billie Owens

Dustin Wayne Bogue, 36, no permanent address, is charged with: second-degree attempted assault -- attempt to cause injury to officer/fireman/EMT/hospital staff; criminal mischief, intentionally damaging property; and third-degree criminal tampering. Bogue was arrested at 3:01 p.m. on Aug. 7 after he allegedly initiated a physical altercation with Mercy EMS paramedics at UMMC. He was arraigned and jailed without bail and will appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Frank Klimjack.

Kelly M. Howell, 32, of Monclair Avenue, Batavia, is charged with: endangering the welfare of a child; possession of a hypodermic instrument; second-degree criminal use of drug paraphernalia; and criminal possession of a controlled substance, 7th. The charges stem from an incident 6:07 p.m. on Aug. 14 in which narcotics and narcotics equipment were allegedly found inside this female's residence on Monclair Avenue, where three children under the age of 17 had the ability to gain access to them. Howell was jailed in lieu of $10,000 cash or bond and was due in City Court on Aug. 15. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Robert M. Sindon, 37, of West Genesee Street, Clyde, is charged with: DWI -- with a BAC of .08 percent or more; DWI; Leandra's Law DWI -- passenger less than 16 years of age. Sindon was stopped at 5:37 p.m. on Aug. 6 on East Main Street in Batavia following an investigation into a traffic complaint. It was alleged that he was driving a vehicle while intoxicated with two children under age 15 as passengers. He was jailed without bail and was due in City Court on Aug. 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Lindsay.

Kevin M. McCoy, 51, of Central Avenue, Batavia, is charged with: third-degree criminal mischief -- property damage greater than $250; second-degree criminal use of drug paraphernalia; and second-degree harassment -- physical contact. McCoy was arrested on East Main Street in Batavia on Aug. 13. Police were called to an address there at 12:38 a.m. after McCoy allegedly broke an apartment window. McCoy had fled the scene but showed back up there awhile later. After attempting to elude police again, he was eventually apprehended and arrested. He was arraigned in City Court and jailed without bail. He is due in court again on Aug. 23. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Paul J. Doctor, 40, of Oak Street, Batavia, is charged with: criminal possession of a controlled substance, 7th; second-degree criminal use of durg paraphernalia; unlawful possession of marijuana; and speeding. He was arrested at 10:15 p.m. Aug. 5 on Clinton Street in Batavia following a traffic stop for speeding. He was allegedly found to be in possession of a crack pipe, chore boy, plunger with drug residue and marijuana. He was due in City Court on Aug. 14. The case was investigated by Batavia Police Officer Jason Davis, assisted by Officer Christopher Lindsay.

Jason M. Frens, 47, of Griffin Road, Basom, is charged with second-degree criminal use of drug paraphernalia and seventh-degree criminal possession of a controlled substance. Frens was arrested on the charges following a traffic stop at 10:15 p.m. on Aug. 5 on Clinton Street in Batavia. He was a passenger in the vehicle that was stopped and allegedly was found to be in possession of a crack pipe, chore boy, and plunger with drug residue. He was due in City Court on Aug. 14. The case was investigated by Batavia Police Officer Jason Davis, assisted by Officer Christopher Lindsay.

Andrew M. Cerrillo, 27, of Stony Point Road, Grand Island, is charged with: felony DWI -- previous conviction offense within 10 years; speeding; no turn signal; and expired 2017 10-day inspection. He was arrested at 3:35 p.m. on Aug. 14 on Main Road in Stafford after he was stopped for speeding. He was jailed on $5,000 cash or $10,000 bond. The case was handled by Genesee County Sheriff's Sgt. John Baiocco, assisted by Deputy James Stack.

Alexandria Claire Pisarek, 25, of Maple Avenue, Oakfield, is charged with seventh-degree criminal possession of a controlled substance. She was arrested at 5:08 p.m. on Aug. 15 following a transport to GC Jail. She was allegedly found to be in possession of 20 small bags of heroin. She is due in City Court to answer the charge on Oct. 16. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon.

Patrick S. Rumble, 31, of Hutchins Place, Batavia, is accused of first-degree criminal contempt, third-degree robbery, and fourth-degree grand larceny. Rumble was arrested then arraigned in City Court on Aug. 9. He was arrested on a warrant for the charges. On Aug. 1, he allegedly stole a cell phone from an individual's hand and that person had a stay away order of protection against Rumble. During the course of the crime, Rumble allegedly pushed and struck the victim, all in violation of the court order. He was jailed in lieu of $5,000 cash and $10,000 bond and was due in court today (Aug. 16). The case was handled by Batavia Police Officer Jamie Givens.

Jeffrey Michael Johnson, 30, of Jackson Street, Batavia, is charged with second-degree harassment. He was arrested at 8:18 p.m. on Aug. 5 at 101 Jackson St. in Batavia after he allegedly pushed a female during an incident. He was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Stephen Cronmiller.

Andrew J. Duckworth, 39, of Monclair Avenue, Batavia, is charged with first-degree criminal contempt and fouth-degree criminal mischief. Duckworth was arrested at 6:04 p.m. on Aug. 13 following a domestic incident on Montclair Avenue in which he allegedly damaged property and violated a court order of protection. He was jailed without bail and was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. At 8:19 p.m. on Aug. 3 Aiken was arrested on Walnut Street in Batavia for allegedly violating a stay away order of protection. He is accused of being at the protected party's residence during an incident. He was released on his own recognizance and was due in City Court on Aug. 6. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Carrie L. Hensley, 41, of Highland Park, Batavia, is charged with: DWI; aggravated unlicensed operation of a motor vehicle in the third degree; and DWI with a BAC or .08 percent or more. She was arrested at 12:16 a.m. on Aug. 13 on Central Avenue in Batavia after she was allegedly found to have driven a motor vehicle while intoxicated. She was issued appearance tickets and is due in City Court on Aug. 22. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Steven D. Clattenburg, 58, of Washington Avenue, Batavia, is charged with: not wearing a seat belt; DWI; DWI -- with a BAC or .08 percent or more; and unlawful possession of marijuana. Clattenburg was arrested at 7:37 p.m. on Jefferson Avenue in Batavia following a traffic stop for no seat belt. He was issued appearance tickets and is due in City Court on Aug. 22. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Camp.

Kyle A. Scheuerlein, 25, Leyland Lane, Aurora, Ill., is charged with: DWI -- first offense; refusal to take a breath test; and failure to stop at stop sign. He was arrested at 1:16 a.m. on Clinton Street in Batavia on Aug. 4. He was issued tickets and released. He is due in court on Aug. 22. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

James R. Tillery, 46, of Farwell Drive, Batavia, is charged with second-degree harassment -- physical contact. He was arrested at 1 a.m. on Aug. 11 on Farwell Drive following an incident in which he allegedly struck someone. He was issued an appearance ticket and was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Kevin DeFelice.

Justin T. Gladney, 29, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested at 4:30 p.m. on East Main Street in Batavia and is accused of stealing a bicycle. He was issued an appearance ticket and was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Austin B. Nelson, 22, of Thomas Avenue, Batavia, is charged with petit larceny. At 7 p.m. on July 5, he allegedly stole money from the place of business where he was employed on East Main Street, Batavia. He was arrested and issued an appearance ticket and is due in Batavia City Court on Aug. 28. The case was investigated by Batavia Police Officer Jamie Givens.

Isaiah James Alfred Munroe, 28, of Liberty Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested following the investigation into an allegation that he damaged a door to a residence on Liberty Street in the city at 4:45 p.m. on Aug. 11. He was processed at police headquarters, issued a computer-generated appearance ticket and released. He was due in City Court on Aug. 14. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Matthew Lutey.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with disorderly conduct. He was arrested at 8:34 p.m. on Aug. 10 at 107 Watson St. in Batavia. His arrest came after a disturbance on Watson Street; Williams allegedly would not disperse and continued to attempt to fight another male at the location. Williams is due in City Court on Aug. 21. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Dylan Richard Brandt, 25, of Larrowe Street, Cohocton, is charged with trespass. He was arrested at 8:15 p.m. on Aug. 11 at Darien Lake Theme Park after he allegedly reentered the park after having been ejected for shoplifting merchandise from a gift shop. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

A 17-year-old resident of Le Roy is charged with second-degree harassment following an incident on Main Street in Batavia at 6:14 p.m. on July 13. It is alleged that this female engaged in a physical altercation with a subject at a restaurant. She was issued an appearance ticket for City Court on Aug. 22. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

A 17-year-old who resides on Sheridan Road in Bergen Riga is charged with being in Austin Park on Jefferson Avenue in the City of Batavia after hours. The female was issued a ticket at 11:47 p.m. on Aug. 2 and is due in City Court on Aug. 21. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Christopher Camp.

A 16-year-old resident of Batavia was arrested for littering at 7:46 a.m. on West Main Street in Batavia. The male allegedly dumped garbage onto property at the Speedway and did not pick it up after he was asked to do so by store employees. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Batavia Police Det. Eric Hill, assisted by Officer Frank Klimjack.

Two 17-year-old males who resident on Pearl Street in Batavia are charged with unlawful possession of marijuana. The charges stem from an investigation into a vehicle located in a city park after hours. It is alleged the two males had marijuana in their possession at the time -- 8:49 p.m. on Aug. 9. Both were issued appearance tickets and are due in City Court on Aug. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Teen killed by hit-and-run driver in Darien planned to become an Upstate, rural doctor

By Howard B. Owens

All across America, there is a shortage of rural doctors. That problem is expected to only get worse as doctors born during the Baby Boom retire with greater frequency in the coming years.

New York isn't immune. A recent survey of the state's hospitals by Healthcare Association of New York found that Upstate needs 615 more doctors.

Connor Lynskey, the 18-year-old resident of Hinckley, who was killed by a hit-and-run driver in Darien on Saturday, was well aware of Upstate's doctor shortage, which is why he decided to attend medical school and become a rural doctor.

He had already been accepted into Upstate Medical University, according to Don Lynskey, his brother-in-law. Connor Lynskey was planning to attend Siena in the fall as part of a dual-admissions program to undergrad study and medical school for students committed to becoming rural doctors. His brother, Don said, is in the third year of the same program.

In his admissions essay about his plans, Lynskey said the difficulty his sister had in getting a correct diagnosis for Type I Diabetes in Utica inspired his career choice.

"Her struggle to find a local treatment center motivates me to become a rural physician," Lynskey wrote. "Pursuing this goal, I began a shadowing program at Rome Hospital to achieve insight regarding my future job. I was able to shadow the Emergency Room, Radiology Unit, Intensive Care Unit, and Pediatrics. Each day, I attempted to absorb the knowledge presented while becoming increasingly involved in the care of patients. With my newfound knowledge, I now prepare to conquer the obstacles that await me on the road to becoming a physician."

Friday evening Lynskey attended the Jason Aldean concert at Darien Lake Performing Arts Center with friends and family. After the concert, the group walked back to their campsite at Darien Lakes State Park, taking Sumner Road. At some point, Lynskey decided to run ahead to catch up with his friend.

On the dark, hilly road, nobody in the group saw what happened next. Lynskey was hit by a car whose driver didn't stop to help or call police. When the group reached their campsite and Lynskey wasn't there, they contacted the State Park Police who notified the Sheriff's Office. Officers patrolled the area, including Sumner Road but nobody saw Lynskey or any scene of a problem.

Perhaps 30 minutes later, a woman, Jennifer L. Serrano, 48, of Charles Street, Irving, was driving on Route 77 in Darien and her car nearly struck a marked patrol car. A deputy stopped her and wound up charging her with DWI.

The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.

Serrano, who had been released on bail on the DWI charge, was identified as the suspect and was arrested in Amherst, her vehicle was seized, and she has been charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident. She is being held on $100,000 bail or $200,000 bond.

The Batavian's news partner, 13WHAM contributed to this story.

Manslaughter suspect in Darien nearly hit patrol vehicle at another location after alleged hit-and-run

By Howard B. Owens

The driver in an alleged fatal hit-and-run accident on Sumner Road in Darien just after midnight Saturday was later arrested for DWI after her car nearly hit a marked Sheriff's patrol vehicle at 1 a.m. on Route 77.

It's estimated that the hit-and-run victim, 18-year-old Connor Lynskey, of Hinckley, was struck at about 12:30 a.m.

Jennifer L. Serrano, 48, of Charles Street, Irving, was identified as a suspect based on a tip received by the Sheriff's Office after news of Lynskey's death was reported.

Serrano is charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident. She is being held on $100,000 bail or $200,000 bond.

Lynskey attended the Jason Aldean concert at Darien Lake Performing Arts Center on Friday evening with family and friends. The group was camping at Darien Lakes State Park. After the concert, some members of the group started to walk back to the state park together and at some point, Lynskey reportedly decided to run ahead and catch up with a friend.

Upon returning to the park, the group realized Lynskey had not returned to the campsite so State Park Police were contacted.

State Park Police officers and Sheriff's deputies commenced a search of the area but did not locate Lynskey. The Sheriff's office reports deputies continued to patrol the area throughout the night, keeping an eye out for Lynskey.

The next morning, members of the group reported to State Park Police that perhaps they had heard a crash on the Sumner Road, which has a couple of dips and hills along the way, while walking back to the park in the dark of the night.

At 11:51 a.m., Saturday, Deputy Richard Schildwaster found vehicle debris in the roadway on Sumner Road and upon further investigation found Lynskey's body in a ditch along the roadway.

Investigators were able to determine the type of vehicle involved based on the debris.

Following her arrest on DWI in connection with the Alleghany Road incident at 1 a.m., about 30 minutes after the estimated time Lynskey was struck on Sumner Road, Serrano was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $1,000 bail. A few hours later, she posted bail.

Through information developed during the investigation, the Sheriff's Office determined that Serrano was at a relative's residence in Amherst and obtained a search warrant for her vehicle. Her vehicle was seized and she was taken into custody.

Four arrests at Rob Zombie concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Rob Zombie concert at Darien Lake Performing Arts Center on Sunday:

Scott E. Staubitz, 36, of Union Road, Cheektowaga, is charged with criminal possession of a controlled substance, 7th, after allegedly being found in possession of Suboxone and LSD. Staubitz was arraigned in Darien Town Court and released. Staubitz was turned over to Cheektowaga Police on an outstanding warrant in Cheektowaga.

Brock A. Hathaway, 26, of Davidge Street, Coudersport, Pa., is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. Hathaway was arraigned in Darien Town Court and jailed in lieu of $150 bail.

Christopher C. Crum, 52 of Maple Street, Rochester, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Ashley M. Whittaker, 26 of Kensington Avenue, Buffalo, is charged with false personation after allegedly providing a false name to police officers.

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