crime

A former parochial school principal in Batavia who admitted to a course of sexual conduct with a child less than 11 years old is facing the possibility of having his interim probation revoked.

A hearing will be held in October to help Judge Melissa Lightcap Cianfrini determine if he's violated the terms of his probation by telling probation officers that, contrary to his guilty plea, he has never been sexually attracted to children.

When Jason Clark, who was principal at St. Paul Lutheran School, entered his plea, District Attorney Kevin Finnell said Clark made a factual admission, by definition of his guilty plea, that he had sexual contact with a child to satisfy his sexual desires.

Clark's statement to a probation officer during his pre-sentence investigation interview, according to Finnell, is that Clark isn't and never was sexually attracted to children, and that statement, Finnell asserts, is inconsistent with his sworn admission in court. 

That constitutes a violation of the warnings Clark was given by Cianfrini at the time of his guilty plea.

In June, Clark entered a guilty plea to sexual conduct against a child in the second degree, Class D felony.  Under the terms of the plea, Clark agreed to surrender his teaching license and was placed on interim supervision by the Probation Department for one year.

If he successfully completes interim probation, Clark can change his plea to endangering the welfare of a child, which is a misdemeanor. 

As part of his plea, Clark made a factual admission that he touched the chest of a female child two or more times over a period of time not less than three months in duration.

Cianfrini ordered a hearing, which will likely include testimony from the probation officer, for 10:30 a.m. on Oct. 17. 

Clark was named principal at St. Paul in June 2019 and served in that position until sometime in 2022. He was arrested in January.

Police are investigating what appears to be a case of gunshots fired on Oak Street at around 10:50 p.m. on Monday night.

Witnesses said they heard five or six shots but that whoever was involved fled the scene quickly.

At about 10:50 p.m., dispatchers asked a patrol officer to switch to LE Secure (the encrypted channel for police communications), and another officer responded that he had heard gunshots while he was still inside the police station. 

The dispatcher said the 9-1-1 Center had received multiple calls.

A short time later, an officer reported that he had a person in custody, but a police source said that information was incorrect.

There is currently no official source of information available, and a police source said it is too early in the investigation to release much information.

A source said there are no reported injuries at this time.

There are City PD and Sheriff's patrols on scene on Oak Street, between La Cross Avenue/Charles Street and Allen Street.  There are also patrols strategically placed elsewhere in the city, but we've been unable to confirm that a suspect or suspects are still at large.

The following arrest was made by the Sheriff's Office in conjunction with the Lumineers concert at the Darien Lake Performing Arts Center on Tuesday.

Nicholas J. McKee, 27, of King Avenue, New Castle, Ontario Canada is charged with criminal Trespass 3rd after allegedly jumping over a fence into a restricted area of the concert venue.

The following were arrested by the Sheriff's Office at the Darien Lake Performing Arts Center during the Nickelback/Brantley Gilbert Concert on Aug. 16.

William J. Oatman, 23, of Liberty Street, Adams, is charged with harassment 2nd after allegedly hitting a Live Nation security guard.

James R. Rogers, 24, of County Road 189, Adams, is charged with harassment 2nd after allegedly hitting a Live Nation security guard.

Matthew J. Morano, 28, of Harrison Street, Blasdell, is charged with trespass after allegedly refusing the leave the concert area after being told numerous times to do so.

Mitchell H. Simon, 22, of Lillyridge Drive, East Amherst, is charged with harassment 2nd after allegedly pushing another person.

Harry K. Elliott, IV, 23, of HSY 2 Troy, is charged with criminal trespass 2nd and harassment 2nd after allegedly climbing over a fence to enter the concert venue and hitting a Live Nation security guard in the chin.

Joel D. Prouty, 37, of Batavia, is charged with strangulation 2nd and assault 3rd. It’s alleged that Prouty struck the victim in the face and strangled her during a disturbance on an undisclosed date at an undisclosed location in the City of Batavia. When Police arrived on scene, Prouty allegedly jumped out of a second-story window and fled on foot. Officers were unable to locate Prouty that day. On Aug. 4, patrols were called back to the same address for another disturbance between Prouty and the same victim. When officers attempted to take him into custody, Prouty reportedly fought with them. He was additionally charged with resisting arrest and obstructing governmental administration 2nd. He was arraigned in City Court and held without bail.

Owen Charles Scouten, 22, of Batavia (no street address disclosed), is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and prudent, moving from lane unsafely, and drinking alcohol in a motor vehicle. Scouten was reportedly involved in an accident at 1:16 a.m. on Aug. 20, on Lewiston Road, Batavia. Two people were injured in the accident and required transport to a hospital for treatment. Following an investigation, Scouten was arrested by Deputy Carlos Ortiz Speed.  Additional charges are pending. Scouten was released on an appearance ticket.

Owen Charles Scouten, 22, of Church Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding and moving from lane unsafely. Scouten was stopped at 7:38 p.m. on Aug. 14 on Route 20 in Alexander by Deputy Alexander Hadsall. He was released on an appearance ticket.

Richard A Demmer, 30, of Batavia, was arrested on a bench warrant issued by City Court. Demmer was initially arrested on May 29, after he allegedly attempted to rob the 7-Eleven, on East Main Street A warrant was issued on July 12 after Demmer allegedly failed to appear for a court appearance. He was arrested on that warrant on July 13. Another warrant was issued on July 27 after he again allegedly failed to appear in court. Demmer was located by Batavia Police on Aug. 3 and arrested. He was arraigned in City Court and remanded to the Genesee County Jail on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.

Crystal A. Mounts, 46, of Batavia, was arrested on a bench warrant issued by City Court. Mounts was initially arrested on April 9, 2022 after allegedly stealing property from a local church. A warrant was issued on April 29, 2022 after she allegedly failed to appear in court. She was arrested on that warrant on May 14, 2022. Another warrant was issued on Sept. 19 after she again failed to appear in court. She was arrested on that warrant on July 29. She was arraigned and released.

Lance D. Beals, 53, of Batavia, is charged with criminal mischief 4th and criminal tampering 3rd. Beals was arrested after an investigation into an incident on East Main Street where he allegedly damaged to an apartment building. He was issued an appearance ticket.

Kavyia A. Spencer, 24, of Batavia, is charged with petit larceny. Spencer was arrested after an investigation into an employee theft from Kwik Fill on Jackson Street, Batavia. It’s alleged that she stole merchandise from the store on two separate occasions. She was issued an appearance ticket.

Patricia M. Anderson, 38, of Batavia, was arrested on on Aug. 9 on an arrest warrant issued by City Court. Anderson was initially arrested on April 9 after allegedly stealing merchandise from 7-Eleven on East Main Street in Batavia. A warrant was issued after Anderson allegedly failed to appear in court. Anderson was arraigned in City Court and released on her own recognizance. 

Edmund J. Sobresky, 54, of Batavia, is charged with DWAI Drugs. Sobresky’s arrest is the result of a traffic stop on April 11.  He was charged on Aug. 8 following an investigation. He was issued an appearance ticket.

Patricia A. McCarthy, 29, of Batavia, is charged with harassment 2nd and public lewdness. McCarthy was arrested after patrols responded to Dellinger Avenue, Batavia, on Aug. 6 for a report of two people fighting. It’s alleged that McCarthy engaged in a fight with another person. During the fight, McCarthy became disrobed. She was issued an appearance ticket.

Jason Howard Heerdt, 27, of Hilltop Drive Elma, Ryan Thomas Budziszewski, 32, of Northseine Drive, Cheektowaga, and Carlie Marie Budziszewski, 25, of Northseine Drive, Cheektowaga, are charged with unauthorized use of a vehicle. Heerdt is accused of taking a golf cart at Darien Lake Theme Park without permission on Aug. 6 at 9:25 p.m.. They were issued appearance tickets.

Joseph David Johnson, 53, of State Street, Mumford, is charged with robbery 3rd and harassment 2nd. Johnson is accused of using force to steal property from an elderly victim while inside Batavia Downs Casino at 1:26 on Aug. 10. He was held pending arraignment.

Christopher James Parker, 34, of Batavia Elba Townline Road, Batavia, is charged with criminal contempt 2nd. Parker is accused of violating an order of protection at 10:37 a.m. on Aug. 11. He was held pending arraignment.

Steven Albert Barraco, 53, of Edgewood Drive, Batavia, is charged with harassment 2nd. Barraco is accused of shoving another person by the throat during an altercation on Aug. 10 at 5:31 p.m. at a location on Edgewood Drive. He was held pending arraignment.

Brian Michael Tracy, 35, of Horseshoe Lake Road, Stafford, is charged with two counts of endangering the welfare of a child, criminal contempt 2nd, criminal mischief 4th, and harassment 2nd.  Tracy is accused of getting out of a car and striking another person in front of two children on Aug. 11 at 4:10 p.m. at a location on Horseshoe Lake Road. He was processed at the Genesee County Jail and held pending arraignment. 

Jason Michael Babbitt, 49, of Perry Road, Pavilion, is charged with 46 counts of aggravated harassment 2nd. Babbitt is accused of calling the Emergency Dispatch Center 46 times, including calls after he was instructed to stop.  According to the Sheriff's Office, his calls were not placed to request the services of police, fire, or EMS.  He was issued an appearance ticket.

Jose Efrain Velz-Torres, 42, of Sobieski Street, Rochester, is charged with criminal possession of a controlled substance 7th, speeding, aggravated unlicensed operation, operating a vehicle with improper plates, and driving without insurance. Velz-Torres was stopped at 1:19 a.m. on Aug. 14 on Clinton Street Road, Bergen, by Deputy Ryan Mullen. He was issued an appearance ticket.

Mark Louis Frongetta, 53, of Park Road, Batavia, is charged with disorderly conduct. At 6:14 p.m. on Aug. 14, Deputies responded to the Best Western Inn Suites on Park Road after receiving a report of a disturbance. Frongetta is accused of standing in the lobby yelling obscenities and of throwing the hotel's phone. Frongetta was held pending arraignment.

Dennis Edward Biggins, 48, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and driving too slow (impeding traffic). Biggins was stopped at 4:15 p.m. on Aug. 14 on Route 237 in Stafford by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Lorriance Marie Nelson, 61, of Hillcrest Street, Newfane, is charged with driving while impaired by drugs, speed not reasonable and prudent, and moving from lane unsafely. Nelson was reportedly involved in an accident at 12:51 a.m. on May 25 on Ellicott Street. She was arrested on Aug. 18 following an investigation by Deputy Mason Schultz.  She was issued an appearance ticket.

Joseph Albert Boisclair, 58, of Knowlesville Road, Oakfield, is charged with DWI, speeding, driving left of pavement markings, and failure to keep right. Boisclair was stopped at 1:35 a.m. on Aug. 19 on Lewiston Road, Batavia by Sgt. Mathew Clor. He was issued an appearance ticket.

Angel Eliseo Colon, 41, of Grant Street, North Tonawanda, is charged with harassment 2nd. Colon is accused of spitting on another person while at the Genesee County Jail at 7:02 p.m. on Aug. 16. He was issued an appearance ticket.

Akeem Rashaad Gibson, 33, of West Main Street Road, Batavia, is charged with reckless endangerment and unlawful fleeing a police officer 3rd. Gibson is accused of fleeing from a deputy in the Town of Byron at 3:31 p.m. on July 30. He was arrested on the charge on Aug. 15. He was held pending arraignment. 

Joseph Jerome Kostanciak, 33, of Genesee Street, Pembroke, and Shannon Leah Smith, 46, of Genesee Street, Pembroke, are charged with two counts of endangering the welfare of a child. Kostanciak and Smith are accused of possession of drug paraphernalia at 5:30 p.m. on Aug. 18 at a location on Genesee Street, Pembroke, including an uncapped needle that was accessible to children who are under the age of 17.  Both were held pending arraignment.

John Joseph Wojtkowiak, 56, of Attica Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, and drinking in a motor vehicle. Wojtkowiak was reportedly involved in an accident at 6:44 a.m. on Aug. 1 at the Totempole Gas and Smoke Shop on Ledge Road, Basom. He was arrested following an investigation by Deputy Kevin McCarthy. He was released on an appearance ticket.

A Binghamton resident with prior felony arrests is accused of stealing two pickup trucks and a tractor in Darien three days ago.

All of the vehicles were recovered.

Larry L. Keene, 52, is charged with:

• Attempted burglary in the second degree, a Class D felony;
• Burglary in the third degree, a Class D felony;
• Grand larceny in the third degree, a Class D felony;
• Criminal mischief in the second degree, a Class D felony; and,
• Criminal possession of stolen property in the third degree, a Class D felony.

The Sheriff's Office received a report of a burglary and thefts on Tuesday, with additional reports on Wednesday. The location, or locations of the thefts, was not disclosed by the Sheriff's Office.

One of the pickup trucks, which had been hauling a trailer, was located parked roadside on Tuesday at an undisclosed location in the Town of Darien. 

On Wednesday, the other pickup truck was spotted traveling eastbound on Route 20 in the Town of Darien. The pickup truck was located by patrols, including deputies, troopers, and a Sheriff's investigator on Route 20 in Pavilion. Keene was allegedly operating the truck.  He was taken into custody without incident and transported to the jail pending arraignment.

Investigators allege that Keene entered multiple buildings on a residential property, the location was not disclosed, in the Town of Darien, and attempted to enter the residence and stole the tractor and other items from inside a barn.

Keene was later arraigned and jailed without bail because of two prior felony convictions.

Following Keene's arrest, during an ongoing search, the tractor was located at an undisclosed location in the Town of Darien.

Members of the public assisted Sheriff's investigators, along with road patrol units and troopers, in locating Keene and the property.

Keene was convicted of burglary in the third degree, a Class D felony, in Broome County in August 2019 and released on parole in June 2021. There is no other prison term listed for Keene in the state database.

Jeremiah L. Hayes, 29, of Le Roy, is charged with obstructing governmental administration 2nd and speeding. Hayes was stopped by Batavia PD on July 26 on West Main Street, Batavia. During the traffic stop, he allegedly refused to identify himself or provide police with a driver's license. He allegedly refused to exit his vehicle. He was removed from his vehicle by patrol officers. He was issued an appearance ticket.

Francisco Antonio Quiones, 32, of Buffalo, is charged with criminal possession of a controlled substance 5th. He was allegedly found in possession of cocaine at 12:21 p.m. on Aug. 7 following a complaint at Darien Lake Theme Park. He was held for arraignment.

Bleyke Z. Culver, 27, of Batavia, was arrested on a warrant for burglary 2nd and two counts of criminal contempt 2nd. Culver is accused of violating an order of protection on June 23.  He allegedly entered the residence of the protected party. An arrest warrant was issued on July 7. On July 24, Culver was located by Batavia PD in Austin Park. He allegedly attempted to flee but was taken into custody a short distance away. Culver was allegedly with the protected party in violation of the order protection. Culver was arraigned and remanded to the Genesee County Jail.

Zakara R. Jackson, 19, of Batavia, was arrested on two arrest warrants issued by City Court. The first warrant charges Jackson with bail jumping 2nd. It’s alleged that Jackson had been previously charged with a separate count of bail jumping 2nd. She was arraigned and released but failed to appear back in court. The second warrant charges her with bail jumping 3rd, in relation to a charge of criminal possession of a controlled substance 7th. She was arraigned on that charge and released, but failed to appear back in court. Jackson was arraigned on the warrants and released under the supervision of Genesee Justice. 

Robert D. Griffin, 45, of Batavia, is charged with felony DWI, open container in a vehicle, and criminal mischief 4th. Griffin was arrested by Batavia PD following a report of a disturbance on Summit Street at Ellsworth Avenue, Batavia on July 19. An investigation indicated he drove while intoxicated. While being processed at police headquarters, Griffin allegedly damaged a wall. He was arraigned and jailed.

Heather N. Holbrook, 38, of Batavia, was arrested on a bench warrant issued by City Court. Holbrook was initially arrested on May 17 on charges of criminal possession of a controlled substance 3rd with Intent to sell, a Class B felony, and criminal possession of a controlled substance 4th, a Class C felony). She was arraigned in City Court and released on her own recognizance. Holbrook allegedly failed to appear at her next court date, and a warrant was issued on July 10. On July 18, Holbrook was located and arrested on the warrant. She was arraigned and released. 

Kimberly L. Bue, 34, of Batavia, is charged with bail jumping 3rd.  Bue was previously arrested and charged with endangering the welfare of a child. Bue was arraigned and released. She allegedly failed to appear at a scheduled court appearance. On July 20, she was arrested at the Genesee County Jail, where she was incarcerated on an unrelated matter. 

Zachary J. Sauberan, 28, of Lakewood, was arrested on a warrant issued by City Court. Sauberan was previously arrested on Jan. 14 and charged with harassment 2nd. He was issued an appearance ticket and released. He allegedly failed to appear in court, and a warrant was issued on April 5. On July 19, Sauberan was arrested. He was arraigned in City Court, where the case was resolved.

Sheri A. Jansen, 45, of Corfu, is charged with DWI. Jansen's vehicle was located and stopped after police received a complaint of an erratic driver on Clinton Street on July 22. She was issued traffic tickets and released.

Andrew D. Beedham, 37, of Batavia, is charged with criminal contempt 2nd. He was arrested following a report of a disturbance on July 23 at an undisclosed location in the City of Batavia. He allegedly violated an order of protection. He was arraigned and released.

Michelle L. Preston, 57, of Batavia, is charged with petit larceny. Preston is accused of using another person's debit card without permission to make several online purchases. She was issued an appearance ticket.

Tyler J. Mills, 23, of Batavia, is charged with harassment 2nd. Mills is accused of shoving another person and throwing an item at her during a disturbance on Washington Avenue, Batavia, on July 22. He was arraigned and released.

Frank H. Williams III, 40, of Batavia, has a warrant issued in Pennsylvania related to a drug possession charge. He was located on July 20 by Batavia PD during a traffic stop on Main Street in Batavia. He was arraigned as a fugitive from justice and ordered held pending extradition.

Niyoki T. Simmons, 51, of Rochester, is charged with aggravated DWI. Shortly before 7:30 p.m. on July 17, Batavia PD was dispatched to a report of a disturbance on Park Road in a parking lot. Simmons was allegedly found operating a motor vehicle while intoxicated. She was issued an appearance ticket.

Shannon M. Armstead, 30, of Batavia, is charged with criminal mischief 4th. Armstead was arrested after an investigation into a disturbance on July 18 where she allegedly damaged numerous items inside a residence in an undisclosed part of Batavia. Armstead was arraigned and released on her own recognizance.

Christine M. Caplis, 43, of Elba, is charged with petit larceny. Caplis is accused of stealing another person's mobile phone on July 21. She was issued an appearance ticket.

Andrew J. Draper, 44, of Batavia, was arrested on a warrant issued by City Court.  Draper was initially arrested on Aug. 24, 2022, on a charge of criminal contempt 1st, after allegedly violating an order of protection. He was issued an appearance ticket, but failed to appear in court. The warrant was issued on Sept 22, 2022. On July 29, Draper was located and arrested. He was arraigned in City Court. His release status is unknown.

George J. Budzinack, 43, of Batavia, is charged with criminal possession of stolen property 5th. On June 17, Budzinack was allegedly found in possession of a stolen mobile phone. He was arrested on Aug. 3 following an investigation. He was issued an appearance ticket.

Kayla M. Geissler, 31, of Batavia, is charged with petit larceny. She is accused of stealing merchandise from Tops in Batavia on Aug. 1. She was issued an appearance ticket.

Weldon J. Ervin, 31, of Batavia, is charged with criminal contempt 2nd and obstruction of governmental administration 2nd. On Aug. 1, Batavia PD responded to Richmond Avenue and North Lyon Street in Batavia to investigate a report of a suspicious vehicle. During the investigation, Ervin was identified as the front-seat passenger, and officers found that there was an order of protection in place in respect to the driver of the vehicle. When police attempted to arrest Ervin, he reportedly fled on foot. He was taken into custody a short time later at a residence on Oak Street. He was arraigned and jailed on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Matthew P. Parker, 33, of Batavia, is charged with petit larceny. Parker is accused of shoplifting from Tops in Batavia. He was issued an appearance ticket.

Amber L. Turner, 30, and Angela M. Samson, 42, both of Batavia, are both charged with making graffiti. Turner and Samson are accused of spray painting a sidewalk on South Main Street, Batavia. They were issued appearance tickets.

Jason T. Knickerbocker, 32, of Batavia, was arrested on a warrant issued by City Court. Knickerbocker was initially arrested on April 23, 2022, after an investigation into an incident on Feb. 7, 2022, where he was allegedly found to be operating a vehicle while impaired by drugs. A warrant was issued on April 12 after Knickerbocker allegedly failed to appear for a court appearance. He was arrested on July 29. He was arraigned and ordered to reappear in court at a later date.

Savannah T. Parsons, 19, of Groveland, was arrested on a warrant issued by City Court. Parsons was initially charged with aggravated unlicensed operation of a motor vehicle 2nd, along with several other traffic offenses, following a traffic stop at Center Street and Main Street on March 4. The warrant was issued after Parsons allegedly failed to appear in court. She was arraigned in City Court. A plea agreement was reached, and Parsons was released.

Jarrod A. Grimmelt, 27, of Attica, was arrested on a warrant issued by City Court. Grimmelt was initially charged on July 26 and charged with aggravated unlicensed operation of a motor vehicle 3rd following a traffic stop on Law Street, Batavia. The warrant was issued after Grimmelt allegedly failed to appear in court. He was arraigned in City Court, fined and released.

Bonjier M. Albaram, 27, of Rochester, is arrested on a warrant issued by City Court. Albaram was initially charged on Feb. 18 with aggravated unlicensed operation of a motor vehicle 3rd and speeding following a traffic stop on Ellicott Street. The warrant was issued after Albaram allegedly failed to appear in court. He was arrested on July 24 and arraigned in City Court, where he was fined and released.

Crystal A. Mounts, 46, of Batavia, was arrested on a warrant issued by City Court. Mounts was initially arrested in April of 2022. She was accused of stealing a package off a porch on Ross Street. She allegedly failed to appear in court, and a warrant was issued on Sept 29. Mounts was arraigned and ordered to return to court at a later date.

Shawn Michael Blanc, 29, of Warsaw, is charged with DWI, driving with a BAC of .08 or greater, and parked on a highway. Blanc was stopped by Deputy Austin Herberlein on Colby Road on Aug. 2 at 12:03 a.m. He was issued an appearance ticket.

Karli P. Teitsch, 31, of Cedarvale Road, Syracuse, is charged with felony DWI, felony driving with a BAC of .18 or greater, aggravated unlicensed operation, circumventing an interlock device, and unlicensed operation. Teitsch was stopped at 12:50 a.m. on July 18 on Route 77 in Darien by Deputy Jeremy McClellan. Teitsch was released on an appearance ticket.

Thomas Michael Tacito, 63, of Park Road, Batavia, is charged with arson 5th. Tacito is accused of starting a fire at 1:02 p.m. on July 28 that burned items owned by the Relax Inn at 8212 Park Road, Batavia. He was arraigned and ordered held. 

Duane E. Andrews, 47, of Niagara Falls, is charged with criminal contempt 1st and aggravated family offense. Andrews allegedly struck another person violating an order of protection at 10:47 p.m. on Aug. 1 at a location on Park Road, Batavia. He was arraigned and ordered to reappear at a later date.

Marcus Christopher Taylor, 33, of Viking Way, Brockport, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Taylor was stopped at 2:05 a.m. on Aug. 3 on Route 33 in the Town of Stafford by Deputy Ryan Mullen.

Katherine Frances Donohue, 29, of Mercer Avenue, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings, moving lane unsafely, and following too close. Donohue was stopped at 11:30 p.m. on Aug. 4 on Genesee Street in Pembroke by Jacob Kipler. She was released on appearance tickets.

Brandon Michael Poth, 29, of Regal Street, Depew, is charged with DWI and driving with a BAC of .08 or greater. Poth was stopped by Sgt. Mathew Clor at 11:32 p.m. on Aug. 4 outside the Darien Lake Amphitheater following a citizen complaint. Poth was released on appearance tickets.

Christopher James Parker, 34, of Batavia Elba Townline Road, Batavia, is charged with endangering the welfare of a child and harassment 2nd. Parker is accused of shoving a woman in front of their children during a disturbance reported at 11:50 a.m. on Aug. 8 at a location on Batavia Elba Townline Road. He was held pending arraignment.

Adam C. Gilley, 32, of West Seneca, is charged with driving with a BAC of .08 or higher. Gilley was stopped by State Police at 10:35 a.m. on Aug. 3 in the Town of Darien. He was issued an appearance ticket.

The following subjects were arrested by the Genesee County Sheriff’s Office during the 50 Cent concert on Aug 5 at the Darien Lake Performing Arts Center:

Terrance L. Falk, 24, of Woodsmeadow Lane, Rochester, is charged with assault 2nd after allegedly punching a female and knocking her unconscious.  Terrance was arrested and held for arraignment

Eliecer Angulo, 27, of Haddon Road, Rochester, is charged with criminal trespass 3rd after allegedly kicking over a fence to enter a restricted area of the venue.

Stephen J. Hunter, 38, of Demunn Road, Beaver Damns, is charged with harassment 2nd after allegedly pushing and fighting with Darien Lake security.

Tyrell T. Lynch, 35 of 10th Street, Niagara Falls, is charged with harassment 2nd after allegedly pushing a Darien Lake security officer.

Megan L. Kendall, 34, of Lilac Street, Buffalo, is charged with obstructing governmental administration 2nd after allegedly interfering with deputies making an arrest. 

Jayson P. Lazan, 46 of Folger Street, Buffalo, is charged with harassment 2nd after allegedly punching another concert patron.

Giovanni E. Paige-Mota, 21, of Glide Street, Rochester, is charged with obstructing governmental administration 2nd, harassment 2nd and disorderly conduct after allegedly causing a disturbance and then fighting with deputies. 

A 50-year-old Batavia resident is charged with assault in the second degree after allegedly assaulting a emergency medic while riding in an ambulance early Saturday morning.

James Ronald Tillery, of Farwell Drive, was being transported to a hospital for medical treatment from Route 63 in Bethany when he allegedly attacked the medic.

It's alleged that he caused physical injury to the medic.

Tillery was taken into custody by Deputy Nicholas Chamoun and Sgt. Andrew Hale and transported to the Genesee County Jail and held pending arraignment.

Tillery has three prior arrests reported locally.  In April 2022, he was charged with criminal mischief for allegedly damaging property at a restaurant on East Main Street. In 2020, he was charged with criminal tampering for allegedly mowing a profane word into the grass of city property.  And in 2018, he was charged with harassment for allegedly striking another person.  The status of those cases is not known at this time.

City Manager  Manager Rachael Tabelski and Chief Shawn Heubusch issued a letter to the community this week regarding three shootings that occurred in the city, and The Batavian asked them a few related questions about crime in Batavia.

The first one was about a family with a Ring camera that apparently caught disturbing video of strangers attempting to break into their home by opening the door where the camera was placed. That family has packed up and moved and put their home up for sale.

Police have access to such camera databases, and The Batavian asked have there been any such incidents reported, and if this type of criminal activity is on the rise?

“That is indeed sad news that someone in Batavia feels they need to move away to be safe.  That is exactly the issues that we have been working on.  Anyone who sees suspicious activity on their property should call 911.  Also anyone that wants to register their cameras with the police we encourage that as well,” Tabelski said.  “We want residents to feel safe and will be allocating more resources to address this type of criminal activity. I did check with the chief. We have been made aware of instances of people forcing themselves in the homes, but have not seen the video of it.”

“Investigators can review video from Ring systems provided to them by homeowners where a crime has occurred in order to gather evidence. The police department does get reports from time to time of people stealing packages from porches,” she said. 

The Batavian asked if Batavia’s population and climate is changing with increased crime, and if so, how do citizens win back their streets?

“Residents should be cautious and aware of their surroundings when out in the City, or anywhere.  Always take basic safety measures with your property to protect it,” Tabelski said.  “From what we currently understand, the gun incidents were targeted.  If you see an altercation, get yourself to safety and call 911.  If you see something, say something.”

“Batavia is not unique in this regard as communities like ours face significant challenges.  There are enormous socio-economic pressures that are impacting communities, including a rise in crime. As a micropolitan in-between Buffalo and Rochester we see some criminal activity here similar to larger cities, however, we have much less crime and a much more tightknit community,” she said. “Many criminals move on after they are arrested or they realize it is too difficult to operate here. Citizens can win back their streets by cooperating with police and reporting crime or suspect activity when they see it. Neighborhoods are stronger when they are united, residents need to get to know their neighbors and take care of them. Simply put, it means we all have a responsibility to police our community.”

While there were many kudos and thank-yous issued online for the city's letter and the police department's efforts, there are some steps that citizens can also take to ensure a safer community, per Tableski's comments:

• If you have a Ring camera system and experience any suspicious activity, allow police to view the footage.
• If you see anything suspicious, report it to police. If you witness an altercation, get yourself to safety and call 911.
• Get to know your neighbors and watch out for them. 

Charges have been filed against a 33-year-old man who allegedly failed to stop for a trooper in Byron and continued on at high speeds into the City of Batavia before barricading himself in an apartment on Bank Street.

Akeem Rashaad Gibson, of Washburn Road, Lockport, is charged with criminal trespass in the second degree, obstruction of governmental administration in the second degree, and resisting arrest.

At about 3:31 on Sunday, a state trooper attempted to stop a red Toyota sedan for alleged traffic violations but rather than yield to emergency lights, the Toyota reportedly sped up and led the trooper on a high-speed chase with speeds reportedly in the range of 90 mph.

As the vehicle passed GCC and approached the City of Batavia, Officer Sam Freeman, Batavia PD, deployed spike strips. 

The Toyota turned into a driveway at Northside Meadows, 335 Bank St., Batavia, and the vehicle struck a small boulder near an apartment building.

The driver fled, and officers initially believed he ran into the woods but a witness informed officers that he entered an upstairs apartment. 

Officers soon determined that the apartment was supposed to be vacant.  It's tenant is reportedly incarcerated, according to a trooper at the scene on Sunday, and witnesses. 

According to Batavia PD, officers could hear the subject barricading himself in the apartment. 

A standoff ensued and officers entered into negotiations with the subject for a peaceful resolution but the subject refused to cooperate, police said.

A person known to the rightful tenant of the apartment responded to the scene and provided the officers with a key to the front door but because of the barricade, officers needed to make a forceable entry. 

Offices forced them into the apartment at 5:48 p.m.

According to Sgt. Arick Perkins at the scene on Sunday and the subject was taken into custody without further incident.

While being led by officers to a patrol car, the subject made statements indicating he didn't understand why he was being arrested, why he was being taken to a State Police car when he was in the City of Batavia, and why police had reporters there taking his picture.

According to police, State Police cited Gibson for several traffic violations. A spokesman for the State Police said the case was turned over to Batavia PD.

Gibson was held following his arrest pending arraignment in Centralized Arraignment Court.

Previously: 

• State police pursuing subject in Batavia apartment complex
• Charges reportedly pending against man who fled troopers, barricaded himself in apartment

Rulee A. Allyn, 60, of Batavia, is charged with six counts of owning an unlicensed dog and six counts of failure to provide sustenance to animals. On the morning of July 12, Officers were called to Brooklyn Avenue, Batavia, for a report of numerous dogs running loose in the area. Officers located five dogs and were able to contain them. They were determined to belong to Allyn. A sixth dog was located in Allyn’s residence. All the dogs were allegedly covered in feces and were not being properly cared for. Allyn was issued an appearance ticket and is scheduled to appear.

Jason Eric Howard, 38, of Millison Crescent Street, Angus, Ontario, Canada, is charged with trespass and disorderly conduct.  Howard is accused of remaining on Six Flags Darien Lake Theme Park property after being told to leave by security staff. He is also accused of yelling obscenities and "causing a public inconvenience by making unreasonable noise." He was issued an appearance ticket.

Michael J. Torres, 39, of Batavia, is charged with criminal possession of a controlled substance 3rd and obstructing governmental administration. Police officers spotted Torres riding a bicycle at 5:30 p.m. on July 12 on Ellicott Street near Ellicott Place.  Officers were aware the Sheriff's Office was looking for Torres, who had a warrant out for his arrest. When officers attempted to stop him, Torres allegedly fled on his bike. Officers followed him onto Colorado Avenue, where he crashed his bicycle into a patrol vehicle. He then attempted to flee on foot, according to police, but was taken into custody a short distance away. Torres was allegedly found in possession of multiple bags of a narcotic and a large sum of cash. Torres was arraigned and released. He is due back in court at a later date. 

Juan Nieves, 31, of Parkside Avenue, Buffalo, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving a vehicle with a revoked registration, driving without insurance, and leaving the scene of a property damage accident. Nieves was apparently (it's not mentioned in the Sheriff's Office press release) in an accident at an undisclosed location on Main Street in Pembroke at 5:53 p.m. on July 9. Nieves was arrested by Deputy Alexander Hadsall. His release status was not disclosed. 

Cassandra L. Elmore, 31, of Batavia, was arrested on a pair of warrants issued by City Court. The first case is the result of a traffic stop on Aug. 30, 2022. Elmore was charged with two counts of criminal possession of a weapon 4th, obstructing governmental administration 2nd, aggravated unlicensed operation of a motor vehicle 3rd, operating without an inspection certificate, insufficient tail lamps, two counts of criminal use of drug paraphernalia 2nd, failure to change address and depositing refuse on the highway. Elmore was issued appearance tickets and released. She allegedly failed to appear in court, and a warrant was issued on Sept. 8. She was arrested on that warrant on Sept. 10. During that arrest, Elmore allegedly fought with a police officer and was additionally charged with obstructing governmental administration. Warrants were issued in both cases on Jan. 23, after Elmore allegedly failed to appear in court. She was arrested on Feb. 2. Warrants were again issued on Feb. 21, after she failed to appear in court. On July 14, Elmore was located at a residence on River Street and arrested. She was additionally charged with two counts of bail jumping 3rd. She was arraigned and remanded to the custody of the Genesee County Jail. 

Phillip Ashley Ruffin, 50, of Main Street, Niagara Falls, is charged with felony DWI and parking on a highway. Ruffin was allegedly found in his vehicle at 1:57 a.m. on July 15, parked in the middle of the roadway on Redfield Parkway with his emergency flashers activated Sgt. Mathew Clor. Ruffin was held pending arraignment.

Jamonte O. Murrell, 19, of Batavia, is charged with assault 2nd. Murrell is accused of cutting another person during a disturbance on July 19 at a residence on Watson Street, Batavia. He was arraigned in City Court and released on his own recognizance.

Ahdeosun R. Aiken, 25, of Attica, and Amanda J. Jackson, 22, of Batavia, are charged with endangering the welfare of a child. Aiken and Jackson are accused of engaging in sexual conduct in a vehicle on July 8 at a location not released by police while a one-year-old child was in the vehicle. They were both issued appearance tickets.

Richard A. Demmer, 30, of Batavia, was arrested on a City Court warrant on July 13. Demmer was originally arrested on May 29 and charged with Attempted Robbery 3rd. It’s alleged that he entered a local business and demanded money from the clerk. The warrant was issued on July 12 after Demmer allegedly failed to appear in court. He was located by Police on July 13 at the location of an unrelated incident. He was arraigned and ordered to reappear at a later date.

Richard Allen Demmer, Jr., 30, of South Spruce Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Demmer is accused of stealing merchandise from the East Pembroke Crosby's on Main Road, Pembroke at 8:20  a.m. on July 18. During his arrest by Chief Deputy Joseph Graff, he was allegedly found in possession of a controlled substance. Demmer was released on an appearance ticket. 

Benjamin G. Evans, 34, of Batavia, is charged with petit larceny. Evans is accused of stealing a package from the porch of a residence on State Street On July 8. He was issued an appearance ticket.

Jordan A. Baxter, no age nor address provided, is charged with criminal contempt 2nd and criminal trespass 2nd. Baxter is accused of entering the residence of another person in violation of an order of protection on July 8. He was arraigned and ordered held on $1,000 bail, $2,000 bond, or a $5,000 partially secured bond.

Ronald W. Lewis, 35, of Rochester, is charged with petit larceny. Lewis is accused of stealing from a local business on July 7. He was issued an appearance ticket. 

Crystal M. Boute. 34, of Batavia, is charged with criminal mischief 4th. Boute is accused of damaging another person's mobile phone during an argument in the parking lot of a local business. She was issued an appearance ticket.

Brian M. Raphael, 35, of Batavia, is charged with petit larceny. Raphael is accused of stealing from a business on West Main Street, Batavia. He was issued an appearance ticket.

Lance D Beals, 53, of Batavia, is charged with petit larceny and criminal mischief 4th. Beals is accused of stealing a mobile phone from another person and intentionally damaging it. He was issued an appearance ticket.

Karina M. Treleaven, 39, of Batavia, is charged with felony DWI, moving from lane unsafely, and leaving the scene of a property damage accident. Treleaven was reportedly involved in a one-vehicle accident at 11:30 p.m. on July 11 in the 300 block of Washington Avenue, Batavia. A vehicle allegedly driven by Treleaven struck a parked car.  The driver fled on foot, and officers located Treleaven nearby the accident a short time later and determined she was the driver of the vehicle and was allegedly drunk at the time of the accident. Treleaven was previously convicted of DWI on June 1. She was arraigned in City Court and released under supervision.

Michelle L. Misiak, 58, of Le Roy, was arrested on a warrant issued by City Court. Misiak was initially charged with petit larceny on Sept. 27 for allegedly stealing from Aldi on East Main Street, Batavia. The warrant was issued on March 10 after she allegedly failed to appear in court. On July 12, Misiak was located by the Village of Leroy Police and turned over to Batavia Police. She was additionally charged with Bail Jumping 3rd and arraigned in  City Court. She was held on bail and remanded to the custody of the Genesee County Jail.

Mason Andrew Hogle, 19, of Lockport Road, Oakfield, is charged with petit larceny. Hogle is accused of shoplifting from Walmart at 1 p.m. on July 6. He was released on an appearance ticket.

Maurice Richard McCoy, 70, of North Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. McCoy was stopped at 6:13 p.m. on July 2 on Veterans Memorial Drive by Deputy Alexander Hadsall. He was released on an appearance ticket.

Sara Marie Conrow, 34, of Rochester, is charged with DWI, driving with a BAC of .08 or greater, and an unregistered vehicle. Conrow was charged following an investigation by Deputy Austin Heberlein at the Speedway Truck Stop on Route 77 in the Town of Pembroke on July 13 at 2:35 a.m. Conrow was issued an appearance ticket.

Nathaniel Ashton Finta, 18, of North Main Street, Oakfield, is charged with criminal mischief 3rd. Finta was arrested in connection with an incident reported at 3:30 a.m. on July 11 at a location on North Main Street, Oakfield. The Sheriff's Office did not release information on the alleged incident. Finta was held pending arraignment.

Derek John Machala, 28, of West Main Street, Batavia, is charged with trespass. Machala is accused of remaining unlawfully on a property at 8:39 p.m. on July 16. He was held pending arraignment.

Benjamin Gove Evans, 34, of State Street, Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Evans was arrested in connection with an incident reported at 9:45 p.m. on July 17. The Sheriff's Office did not release information about the alleged incident. The address of the location, somewhere on Veterans Memorial Drive, was redacted from the release. Evans was released on an appearance ticket.

Jada Lee Coursey, 32, of West Fifth Avenue, Warren, Pa., is charged with harassment 2nd and endangering the welfare of a child. Coursey is accused of striking another person in front of a child while at Darin Lake at 11:35 p.m. on July 17. Coursey was issued an appearance ticket.

Joshua Lee Jones, 41, of Auburn, is charged with disorderly conduct. Jones is accused of being involved in a disturbance at Six Flags Darien Lake Theme Park on July 19 at 9:46 p.m. He was released on an appearance ticket.

O'Neil Dejusus Cruz, 34, of Poplar Avenue, Mineral, Va., is charged with DWI drugs.  Following a driving complaint called into dispatchers at 8:21 p.m. on July 21, Cruz was allegedly found by Deputy David Moore on Alleghany Road, Pembroke, operating a semi-truck while his ability was impaired by drugs. Cruz was issued an appearance ticket.

Joseph Lowell Hampton, 26, of Myrtle Street, Le Roy, is charged with harassment 2nd. Hampton allegedly pushed a former friend at 1 a.m. on July 19 at a location on Myrtle Street, Le Roy. Hampton was arraigned, and an order of protection was issued.

Joseph Thaddeus Martino, 31, of West Main Street, Batavia, is charged with attempted assault 3rd.  Martino was arrested at the Genesee County Jail. It's unclear from the Sheriff's Office press release if he was an inmate. The incident was reported at 5:05 p.m. on July 22. There were no other details about the alleged incident released. Martino was issued an appearance ticket.

Daniel Jay Torok, Jr., 36, of Liberty Avenue, Rochester, is charged with criminal possession of a controlled substance 7th. Torok was arrested by Deputy Ryan Mullen in connection with an incident reported at 11:40 p.m. on July 22 at the Genesee County Jail. The Sheriff's Office did not release information on what led to the arrest of Torok. He was issued an appearance ticket.

Kasondra Lynn Hubbard, 38, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, driving drunk with a child in the vehicle, and endangering the welfare of a child. Hubbard was stopped at 10:16 p.m. on July 22 on Gilbert Street, Le Roy, by Deputy Mason Shultz. Hubbard was processed at the Genesee County Jail and released on an appearance ticket.

Laurin Angeline Moro, 21, of Kalar Road, Niagara Falls, is charged with trespass. Moro was arrested at Darien Lake on July 15 at 8:30 p.m. The Sheriff's Office did not release information on events that led to her arrest. Moro was issued an appearance ticket.

Brian Michael Raphael, 35, of Fisher Park, Batavia, is charged with petit larceny. Raphael is accused of concealing merchandise while at Tractor Supply Co. on East Main Street Road, Batavia, and attempting to leave the store without paying for the merchandise. Raphael was arrested by Deputy Zachary Hoy and released on an appearance ticket. 

Thomas Anthony Salerno, 56, of Hall Road, Lancaster, is charged with DWI and insufficient tail lamps. Salerno was stopped at 9:39 pm. on July 29 on Route 20 in Darien by Deputy Jacob Kipler. He was released on an appearance ticket.

Adam Troy Shipwash, 42, of West Main Street Road, Batavia, is charged with criminal contempt 2nd. Shipwash was arrested in connection with an incident reported at 1:50 p.m. on July 30 at a location on Terry Street, Byron. The Sheriff's Office did not release information on events that led to the charge. Shipwash was released on an appearance ticket.

Press release:

Three incidents of shots fired in the City of Batavia over the last few months is certainly not the norm here.  

We want residents to know that the City of Batavia Police Department is taking a number of steps to protect our community. 

We will be enhancing the current Neighborhood Enforcement Teams (NET) to respond to neighborhood issues in our efforts to get guns and drugs off the street and put criminals in jail.  

The City will commit dedicated resources to this initiative, including personnel and equipment. 

We will partner with outside agencies, such as the Genesee County Sheriff’s Office, the State Police, along with other local, state and federal partners.  

We also will be calling on the Governor’s Office to allocate resources to the City in response to the recent incidents of gun violence.  

Individuals who illegally use guns will be apprehended and brought to justice.  

If you commit a crime, especially with a gun, you will be caught, you will be arrested, and you will be convicted. 

Batavia is a small and tight-knit community where neighbors look out for each other and support our police officers.   

We would be remiss if we did not recognize the hard work and dedication of the men and women of the Batavia Police Department and who, in these incidents, not only put their lives on the line to protect and serve our community, but quickly apprehended the individuals responsible for these crimes.  

We ask you to be vigilant and, if you see anything suspicious, to immediately call 911.   

Our police department is here to protect and serve our community.  You are a vital partner in these efforts. 

Sincerely, Shawn Heubusch, Police Chief & Rachael Tabelski, City Manager

A man who is apparently a Batavia resident is in custody facing possible criminal charges after allegedly leading State Police on a high-speed chase from Byron into the city and then barricading himself in an apartment that was not his own.

The name of the suspect has not yet been released.  He is facing likely charges from both State Police and Batavia PD, and both agencies said more information will be released once criminal charges are sorted out.

It's not known yet why or at what location in Byron a trooper first tried to stop the subject, but he apparently refused to yield to emergency lights from a patrol vehicle.

Speeds eventually reached in excess of 90 mph.

As he headed into the city on Bank Street Road, Batavia PD deployed spike strips on Bank Street.

The strips were successful at deflating the Toyota's tires, said Sgt. Arick Perkins, Batavia PD, but the subject continued into the driveway of Northside Meadows, 335 Bank Street, where the car eventually ran into a small boulder along the driveway. 

The subject ran from the vehicle and entered a second-floor apartment.

The apartment has been unoccupied for about four months while its tenant is incarcerated, according to witnesses.

The witnesses stated that they believe the man resides in a downstairs apartment, but he, along with other people, has been accessing the upstairs apartment for some time without permission.

"I could see that as being a possibility," said Perkins, who said it wasn't clear yet how the man gained access to the supposedly locked apartment this time or if he had ever been in the apartment before.

With troopers, deputies, and officers, including two K-9 units (one from Batavia PD and one from DEC) on scene, the man refused to exit the apartment.

Officers secured a key to the front door from a family member of the tenant and were able to unlock it, but the subject had barricaded the door.

Once inside, the man offered no other resistance, Perkins said, and was taken into custody without further incident.

K-9s could be heard barking when officers made their way into the apartment, but Perkins said the K-9s remained in the hallway since the suspect did not resist officers further.

A trooper said the driver of the vehicle was not the registered owner. It's unclear at this time whether the driver had permission of the owner to operate the vehicle.

Police officers searched the vehicle while the incident was ongoing and then inventoried its contents before impounding it after the incident was over.

Officers remained alert for the possibility that the subject had access to a weapon, Perkins said they did not believe during the incident that he was armed.

While being led by officers to a patrol car, the subject made statements indicating he didn't understand why he was being arrested, why he was being taken to a State Police car when he was in the City of Batavia, and why police had reporters there taking his picture.

Photos by Howard Owens.

Two young men and a teenager from Batavia were taken into custody early Thursday morning following a report of shots fired in the area of Washington Avenue and Willow Street in the city, followed by the sound of gunshots on Dellinger Avenue.

The initial call of shots fired was received by emergency dispatchers at 11:22 p.m. on Wednesday.  

Police officers responded to Washington Avenue and Willow Street and found evidence at the intersection consistent, according to Batavia PD, with a weapon being discharged.

The nature of the evidence was not disclosed.

While officers were canvassing the area, multiple shots were heard coming from the area of Dellinger Avenue, and officers immediately responded.

At that location, officers again discovered evidence, police said, consistent with a weapon being discharged.

As the investigation continued, police reviewed footage from pole cameras, which helped them develop a vehicle description.

Information about the shooting and the suspect vehicle was shared with surrounding law enforcement agencies for their assistance in locating the vehicle and potential suspects. 

After the scene had been secured, the City Fire responded to the Willow Street scene to provide ground ladders for officers to assist officers in their search of the scene. 

At 1:11 a.m., four males were located walking in the area of Chase Park and North Spruce Streets. 

The males were transported to a business parking lot on East Main Street, where a vehicle apparently matching the vehicle viewed on the surveillance video was located. 

Officers at that scene located evidence consistent with a weapon or weapons being discharged, and all four males were taken into custody at that time. 

After interviews, one male was released, and the other three were arrested. 

Tmario H. Ayala, 20, Bryson R. Gentile, 18, and a 17-year-old male, all of Batavia, were taken into custody and charged with criminal possession of a weapon in the second degree, a Class C felony, and reckless endangerment in the first degree, a Class D felony. 

Police did not say whether a weapon was recovered, nor did they reveal who or what may have been targeted, or if there was a target, by the alleged shooter or shooters.

They did not say which individual, or if it's multiple individuals, may have discharged a weapon.

The investigation did conclude, police said, that a residence had been struck by gunfire on Dellinger Avenue. 

No injuries were reported.

Ayala and Gentile were arraigned in City Court and ordered held on $100,000 cash bail, $200,000 bond, or $300,000 partially secured bond. 

The 17-year-old male was arraigned in Youth Part Court and was held on $25,000 cash bail, $50,000 bond, or a $100,000 partially secured bond. 

Batavia PD was assisted by City Fire, the Sheriff's Office, and Emergency Dispatch. Citizens also assisted by providing information that aided the investigation.

The investigation is ongoing, and Batavia PD asks that any members of the public with information that may be relevant to the incident to contact the detective bureau at 585-345-6444.

A 53-year-old Rochester resident on parole for a prior robbery conviction has been charged in Monday's Key Bank branch robbery in Batavia.

Stacy R. Moss is charged with robbery in the third degree and grand larceny in the fourth degree. 

Moss is accused of entering the Key Bank branch at 69 Main St. shortly before 9:36 a.m. and handed a teller a note demanding money.

Police said the suspect did not display a weapon or threaten use of a weapon.

The suspect then left on a bicycle with an unspecified amount of money. 

Officers from Batavia PD, along with the Genesee County Sheriff's Office, checked the area and were initially unable to locate the suspect. 

Batavia PD detectives worked quickly to obtain an identification of the individual involved using the Monroe County Crime Analysis Center's facial recognition software. 

Batavia shared the suspect's photos from the robbery scene with local media, and officers checked the last known addresses of the person they believed was identified in the photos.

While gathering further information, investigators received information that the suspect was hiding inside a residence on South Spruce Street.

Moss was taken into custody without incident.

Investigators determined that the suspect acted alone

Moss was released on parole in January after serving seven years on a 2016 convict for three counts of robbery in the third degree, grand larceny.

He also has prior convictions for robbery in the first degree in 2004, robbery in the second degree in 1989, and burglary in the third degree in 1987.

Following his arrest, Moss was arraigned and ordered held pending his next court appearance.

You can support local news coverage and help The Batavian continue to bring you local news by signing up for Early Access Pass.

The Key Bank branch in Batavia was robbed at 9:35 a.m. on Monday and Batavia is seeking the public's assistance in identifying the suspect.

The suspect is descirbed as a balding black male wearing a black T-Shirt, gray shorts, black socks, and no shoes.  

According to police, the suspect passed a note to the teller demanding cash.  

He arrived and left on a black colored bicycle last seen heading West on Main Street.  

Police did not say how much or if any cash was stolen.

If anyone recognizes the suspect in the photos please contact Batavia Police Department Det. Jason Ivison at (585)345-6312.

UPDATE: The suspect has been apprehended.

Police-submittted photos.

Prior to attempting to kill a man on Jackson Street in Batavia on Oct. 18, Tyshon L. Taylor, 25, had been in and out of the state's mental health system -- encounters brought about by his expressed desire to kill someone or himself -- and depending on your point of view, either Taylor failed to take advantage of what the system offered or the system failed him.

An agitated and impassioned defense attorney, Frederick Rarick, argued the system had failed Taylor. He said healthcare practitioners who handled his cases knew about his threats of violence and that he was dangerous when he wasn't taking his medication but failed to hold him or make sure he got the help he needed.

"I don't mean to, well, actually, I do blame the mental health system," Rarick said.

District Attorney Kevin Finnell argued the fault for his crime lay squarely on Taylor's own decisions.

While acknowledging that Taylor has significant mental health issues, Finnell said Taylor had previously been to the comprehensive psychiatric emergency program at U of R on multiple occasions. Each time they medicated him, stabilized him, and got him back to "baseline." They then gave him referrals for follow-up care. While he came into the emergency program because of the violent thoughts running through his mind, by the time he was discharged, he was back in a calm state.

Taylor didn't take advantage of the follow-up care, Finnell said.

Prior to the attempted murder on Oct. 18, Taylor had been to the University of Rochester emergency program and left stable with enough medication to get him through the next week.

Four days later, Taylor decided, Finnell said, to walk through Batavia looking for a victim.

"There was a safety plan referral for what he could do if he was feeling violent," Finnell said. "He didn't take advantage of (the referral), and instead, on the night of the offense, he transversed the city, leaving the hotels on the north end until he got to the south side and found somebody walking back from the store minding his own business. And he just stabbed him for no other reason. The victim was unknown to him. He stabbed him. He stabbed him, intending to kill him."

Finnell said that the Batavia PD detectives who handled the case and Chief Shawn Heubusch said they considered Taylor a risk to the community and should be incarcerated. 

The victim in the case, Finnell said, has suffered substantially because of the attack.  He no longer walks to the store just a block from his residence, driving instead, and his physical injuries have prevented him from returning to work full time.

Taylor was in court on Tuesday to be sentenced on his conviction on a charge of attempted murder, a Class B violent felony. He entered a guilty plea on March 28. 

He is also a second-time violent felony offender.

Before he was sentenced, Taylor read from a statement in which he apologized for his actions, both to the victim and his family. He said he was feeling helpless and angry every day. 

"I have a lot of regrets," Taylor said. "I could have ruined my life. Well, I ruined my life, but I could have ruined it more, and I ruined somebody else's life. I want to take steps to be better."

Judge Melissa Lightcap Cianfrini said that perhaps Taylor's case could be a case study for the state's mental health system, but that didn't relieve Taylor of his responsibility for his actions. 

"Our mental health system may be imperfect. It needs to be improved," Cianfrini said. "But you didn't take advantage of the opportunities offered to you."

She sentenced him to 20 years maximum in state prison and 20 years on parole.

After a high-speed chase from Oakfield to Bergen, deputies say they recovered a loaded 9mm handgun with no identifying information on it from the vehicle two suspects ran from after it wouldn't go any further.

Taken into custody were Sylvan P. Grayson, 24, from Le Roy, and Luke A. Rose, 19, from Batavia. A juvenile backseat passenger did not flee from the vehicle and was detained at the scene without incident.

Grayson and Rose are accused of possessing a "ghost gun," which is an unserialized and untraceable firearm. 

The case began at 2:38 a.m. on Thursday on Batav ia Oakfield Townline Road and Route 63 when Deputy Jacob Kipler attempted a traffic stop on a 2013 blue Dodge Avenger for an alleged headlight violation.

The Avenger fled at speeds that reached 90 mph. The vehicle went off the road several times on Batavia Stafford Townline Road, and the Sheriff's Office reports that the Avenger "intentionally" drove through a crop field, causing extensive damage to the crops.

Spike strips were successfully deployed on Route 237 in the Town of Stafford, according to the report. The Avenger lost several tires but continued to drive on rims at high rates of speed.

The driver lost control of the vehicle in the area of Clinton Street Road and Apple Tree Avenue in Bergen.  It went off the road, struck a street sign and crashed into an earthen embankment. 

According to deputies, the driver and a front-seat passenger took off running, heading south toward businesses an Apple Tree.  The passenger was apprehended without further incident after a short foot pursuit and was later identified as Luke A. Rose.

The other suspect, Sylvan P. Grayson, was located behind a business on Apple Tree about an hour later and taken into custody without further incident.

During an inventory of the contents of the vehicle, before it was impounded, deputies allegedly found a loaded 9mm handgun with no serial number, make or model identification.

Grayson is charged with:

• Criminal possession of a weapon in the second degree, a Class C felony;
• Criminal possession of a weapon in the third degree, a Class D felony;
• Criminal possession of a firearm (a "ghost gun"), a Class E felony;
• Criminal possession of a weapon in the fourth degree, a Class A misdemeanor;
• Unlawful fleeing a police officer in a motor vehicle;
• Obstructing governmental administration;
• And 16 traffic tickets.

Rose is charged with:

• Criminal possession of a weapon in the second degree, a Class C felony;
• Criminal possession of a weapon in the fourth degree (a "ghost gun"), a Class A misdemeanor;
• And criminal possession of a firearm, a Class E felony.

Both Grayson and Rose were arraigned and ordered held on bail.

The Sheriff's Office did not release whether there were charges against the juvenile in the backseat.