crime

It's been 22 years since Guadalupe Hernandez was arrested on a burglary charge in the Town of Byron but just this past week an appeals court ruled his three-to-six-year sentence handed down in 2016 was "too harsh."

The sentence was reduced to one year.

Hernandez, 41, was first arrested in 1996. He failed to appear for his arraignment on the felony charge and was re-arrested in 2011. In November, he entered a guilty plea with a sentence cap of five years in prison. He then disappeared again -- in both cases, he reportedly left the area -- and wasn't re-arrested until 2016.

The Appellate Division, Fourth Judicial Department, agreed with the argument by Hernandez's attorney that the sentence was unduly harsh considering the nature of the crime.

"My understanding is that it may have been in part because of the nature of the burglary," District Attorney Lawrence Friedman said. "Apparently, there was a fight going on outside of a residence and, I believe, the defendant chased someone else into the residence and continued it, or did something, but entered with the intent to commit a crime.

"So it's not what you probably think of as your typical burglary. It wasn't someone breaking into someone's home to steal something. So that certainly may have been one of the factors weighed on appellate division finding this to be harsh."

The court rejected the defense contention that Hernandez wasn't properly warned that if he failed to appear in court he would lose his sentence cap, stating that since Hernandez didn't object in court he had failed to preserve that contention for court review.

Friedman said overturning sentences as too harsh is rare, primarily because most sentences are part of a plea agreement and the defendant clearly agreed to these terms.

Some years ago, Friedman's office started requiring defendants who enter a plea agreement to waive their right to appeal the sentence as a condition of the plea deal. Hernandez was convicted before that practice was established.

The shooting by a deputy that resulted in the death of Keith Kent in the parking lot of the Indian Falls Log Cabin Restaurant the night of April 11 was deemed justified, the District Attorney's Office announced at a press conference this afternoon.

The Genesee County Grand Jury returned "No Bill" for Sheriff's Deputy Ryan W. Young after a thorough investigation by State Police and a complete review of the evidence by the jury, District Attorney Lawrence Friedman said.

Follow Up: All evidence pointed to justified shooting at Log Cabin, DA says after Grand Jury clears deputy

A physical fight is reported at Route 5 and West Avenue, Pembroke, with traffic backed up.

Law enforcement is responding.

UPDATE 2:43 p.m.: The suspect vehicle has fled; westbound toward Route 77. It's an orange Nitro.

UPDATE 2:45 p.m.: The suspect vehicle has been spotted by a trooper.

UPDATE 2:45 p.m.: The vehicle has stopped.

A 50-year-old Alexander resident who may not be in the country legally is accused of raping a coworker and then, when deputies showed up to investigate the rape report, he is accused of presenting them with forged documents.

Domingo Gomez-Gomez, 50, of Alexander Road, Alexander, is charged with rape in the first degree, possession of a forged instrument, and offering a false instrument for filing with intent to defraud. 

The alleged rape was reported about 1 a.m. on April 28 after Gomez-Gomez forced a female coworker to have sexual intercourse with him. 

When he was questioned by Deputy Investigator Joseph Loftus and Investigator Christopher Parker, Gomez-Gomez allegedly produced numerous false instruments to identify himself. 

He was arraigned Saturday and jailed on $100,000 bail or $200,000 bond.

ICE is investigating whether Gomez-Gomez is in the country legally.

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

A Rochester man is in custody on charges related to thefts from two local liquor stores in August and November in Batavia.

Willie A. Dozier, 49, of Terrace Park, Rochester, is charged with two counts of burglary, 3rd, and two counts of conspiracy, 5th.

Dozier is accused participating in the left of $500 cash and a credit card from the back office of Mr. Wine & Liquor in the Tops Plaza on Aug. 12.

He is also accused of stealing a box of cash from Plaza Spirits in Batavia on Nov. 16.

In both cases, Dozier appeared to be working with a partner -- hence the conspiracy charges -- but no other arrest was announced yet in the case. Police say the investigation is ongoing.

Dozier was also arrested in Monroe County on charges related to similar crimes there.

He was jailed without bail.

A corrections officer has requested a response from Batavia PD to deal with a group of people on Porter Avenue who are reportedly throwing bricks at the Genesee County Jail.

No description available.

The C.O. says a supervisor is out on Porter Avenue now.

UPDATE 8:48 p.m.: A responder just drove up Porter and didn't see anything.

UPDATE 8:49 p.m.: A supervisor was out with two females. The women have moved on. An officer says they may have been girlfriends of inmates trying to get their attention. 

A former resident of Maple Street has been sentenced to 15 years in prison for shooting a person in the area of Thorpe and Maple streets in the city in September.

Tyshawn K. King, 25, who was apprehended shortly after the shooting, was originally charged with attempted murder. He entered a guilty plea to criminal possession of a weapon, 2nd, on Feb. 27.

He was sentenced in Genesee County Court by Judge Charles Zambito.

Police responded to Thorpe and Maple on Sep. 20 after receiving a report of a fight in progress. While in route, there was a report of a gunshot.

Upon arrival, they located a victim with gunshot wounds to his hand and abdomen.

Jerod Matthew Baltz, 38, of Sparks Road, Pavilion, is charged with rape, 1st, and criminal sexual act, 1st. Sparks is accused of sexual intercourse with another person by forcible compulsion on March 18 at a location on Sparks Road, Pavilion.

He was arraigned in Town of Pavilion Court and put in Genesee County Jail in lieu of $25,000 bail. 

Lynn M. Homer, 45, of Platten Road, Lyndonville, is charged with; aggravated unlicensed operation, 2nd; criminal possession of a controlled substance, 7th; driver's vision obstructed; and obstructed plate. Homer was stopped at 3:22 p.m. April 13 on West Main Street, Batavia, by Officer Christopher Lindsay. She was jailed on $1,000 bail or $2,000 bond.

Travis Lilbern Robert Bartz, 22, of Buell Street, Batavia, is charged with unlawful possession of marijuana. Bartz was allegedly found in possession of marijuana during an investigation into a complaint on Trumbull Parkway at 11:03 p.m. April 22 by Officer Mitchell Cowen.

Jacob A. Kasmarek, 19, of Fargo Road, Stafford, is charged with unlawful possession of marijuana and speeding. Kasmarek was stopped at 9:15 p.m. April 23 on East Main Street, Batavia, by Officer Christopher Lindsay.

Samuel McDonald III, 54, of Bank Street, Batavia, is charged with petit larceny. McDonald is accused of stealing two cans of beer from Tops at 6:39 p.m. Wednesday.

Matthew Frank Carney, 25, of Dodgeson Road, Alexander, is charged with DWI and driving with a BAC of .18 or greater. Carney was stopped at 12:55 a.m. Friday on East Main Street, Batavia, by Officer Arick Perkins.

Jesse James Sasiadek, 24, of Cayuga Creek Road, Cheektowaga, is charged with: DWI; driving with a BAC of .08 or greater; driving while impaired by drugs; driving while ability impaired by drugs and alcohol combined; and unlawful possession of marijuana. Sasiadek was stopped at 4:26 p.m. Sunday on Route 19, Bergen, by Deputy Erik Andre.

Jay Kenneth Feitshans Jr., 23, of Alleghany Road, Darien, is charged with petit larceny. Feistshans is accused of stealing property and selling it at a local business.

Stefanie S. Kitanik, 33, of Maltby Road, Oakfield, is charged with DWI, refusal to take breath test, uninspected motor vehicle, and no plate lamps. Kitanik was stopped at 2:09 a.m. Saturday on Maple Avenue, Oakfield, by Deputy James Stack.

David Wayne King Jr., 36, of Main Street Road, Batavia, is charged with endangering the welfare of a child. King is accused of falling asleep due to a prescribed medication and as a result, his 2-year-old son left his residence and was alone for a period of time.

Nelson E. Figueroa, 29, of Batavia, is charged with unlawful possession of marijuana. Figueroa was stopped at 10:40 p.m. Saturday on Route 33, Stafford, by State Police.

Icha R. Koirala, 28, a resident of the State of New York (exact town not provided), is charged with DWI, driving with a BAC of .08 or greater and speeding. Koirala was stopped at 9:18 p.m. Friday on Route 33 in Bergen by State Police.

Laura D. Vazquez Coronado, 38, of Elba, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in lane. Coronado was stopped at 4:39 p.m. Thursday on North Byron Road, Elba, by State Police.

Several minutes ago a deputy, who could be heard while running, reported to dispatchers that he was involved in a foot pursuit in an area north of Swamp Road in Bergen.

A short time later he reported he was "15" (meaning an arrest has been made) with the subject.

Backup units are in route but no other deputies were with him at the time of the pursuit.

The deputy reports he is about 100 yards into the farm field with the suspect in custody.

There is no indication of why the suspect has been arrested or what preceded the foot chase.

UPDATE 11:05 p.m.: The deputy is conducting a field sobriety test.

Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.

Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.

Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.

Jessie P. Polito, 40, of 407 Frederick Douglas Street, Rochester, is charged with three counts of grand larceny, 4th, and one count of petit larceny. Polito was arrested following a lengthy investigation by Le Roy PD into a stolen purse in the Village of Le Roy and use of credit cards in the purse in Monroe County. Polito was identified as the suspect through video surveillance as the user of the cards and a warrant was issued for his arrest. Polito turned himself into Le Roy PD.

Olivia Nichole Smith, 21, of School Street, Batavia, is charged with driving while impaired by alcohol and drugs, possession of a forged driver's license, and open container. Smith was arrested after Deputy Ryan DeLong responded at 11:30 p.m. Friday to Route 33, Bergen, to a request to check the welfare of a person on a roadside vehicle.

Richard Sampel, 48, of Batavia, is charged with criminal contempt, 1st. Sampel was arrested by State Police based on a report at 10:17 p.m. Tuesday, in the Town of Alabama. No further details released.

Chelsea E. Vercruysse, 21, of Medina, is charged with unlawful possession of marijuana. Vercruysse was stopped by State Police at 9:12 p.m. Monday on Route 63 in Batavia.

A caller on Thorpe Street in the city says a man threw a rock through her window and also threw a bicycle at her. He is reportedly pacing outside. Police are responding.

Joshua G. Bachorski, 35, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

The arrest comes as part of an investigation into the sale and possession of crack cocaine in and around the City of Batavia.

Bachorski is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force in December. 

Members of the Drug Task Force arrested Bachorski on a sealed Grand Jury indictment warrant.

He was arraigned on the indictment in Genesee County Court and jailed on $20,000 bail or $30,000 bond.

The Drug Task Force was assisted by Sheriff's deputies and the District Attorney's Office.

Gary David Burney, 37, of North Spruce Street, Batavia, is charged with robbery, 2nd, two counts of grand larceny, 4th, criminal contempt, 1st, criminal contempt, 2nd. Burney was allegedly located in the apartment of a person he is barred from contacting in any manner. He was arrested on a warrant stemming from a prior incident where he stole the keys, purse and vehicle of the person he was ordered not to contact. Burney was jailed without bail.

Jacob Jonathan Szumigala, 24, of Orchard Park Road, Oakfield, is charged with: DWI; vehicular assault, 2nd; aggravated unlicensed operation, 1st; speed not reasonable and prudent; consumption of alcohol in a motor vehicle; violation of driving restrictions; driver's view obstructed; deposited refuse on a highway; and unsafe passing on left. Szumigala was charged following a three-vehicle, serious-injury accident on Main Street, Corfu, at 5:01 p.m. Thursday. (Previous report.)

Morgan L. Cox Sr., 50, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, and aggravated family offense. Cox is accused of violating an order of protection.

Luis A. Ramos-Mecardo, 33, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Ramos-Mecardo was stopped for an alleged traffic violation at 3:45 p.m. April 13 on Main Street, by Officer Christopher Lindsay.

Frankie McQueen, 27, of Broadway Road, Alden, was arrested on a warrant for alleged failure to appear in City Court and failure to adhere to terms of a prior sentence. 

Terry O'Neal Brock, 18, of Wellington Avenue, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and speeding. Brock was stopped at 12:38 a.m. Sunday on Route 33, Batavia, by Deputy Jeremy McClellan.

Jorden Elizabeth Prescott, 23, of Ellicott Street Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Prescott was stopped at 1:13 a.m. Saturday on Route 33, Bergen, by Deputy Howard Wilson.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with DWI, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Chavez was stopped at 8:40 p.m. Friday on East Main Street, Batavia, by Deputy Matthew Bailey.

Shequan M. Williams, 26, of Rochester, is charged with unlawful possession of marijuana. Williams was stopped by State Police at 10:34 a.m. Sunday in the Village of Alexander.

A caller reports that an unknown male tried to start a fight with his girlfriend in the area of 286 Ross St., Batavia.

The man may have displayed a knife.

A police officer is out with the woman now.

Jason R. Anderson, 36, of South Main Street, Batavia, is charged with grand larceny, 4th, driving while under the influence of drug and alcohol, criminal mischief, 4th, and possession of a hypodermic instrument. Anderson is accused of driving his vehicle into Kibbe Park where it became stuck in the mud. Anderson then allegedly stole another vehicle and attempted to push his vehicle out of the mud. That vehicle also became stuck in the mud. The stuck vehicles were reported at 1:27 a.m. Tuesday. Upon investigation by officers Mitchell Cowen and Arick Perkins, Anderson was allegedly found to be under the influence of drugs and alcohol and in possession of needles. He was arraigned and jailed without bail.

Kiara M. McCoy, 28, of Woodward Street, Rochester, was arrested on a warrant for alleged failure to answer a traffic summons. McCoy was located by Rochester PD and turned over to Batavia PD. McCoy posted bail and was released.

George E. Norway, 65, of North Pearl Street, Oakfield, is charged with aggravated harassment. Norway allegedly left a threatening message for an employee at the Department of Motor Vehicles. Norway was arraigned and released under the supervision of Genesee Justice.

Sarah D. Peterson, 26, of Le Roy, is charged with unlawful possession of marijuana. Peterson was arrested by State Police at an apartment in Le Roy at 12:15 p.m. Wednesday.

Samuel R. Oddo, 34, of Batavia, is charged with grand larceny, 4th. Oddo is accused of stealing property at Target with a value of more than $1,000. He was arrested by State Police at 2:34 p.m. Monday.

Jessica M. Pfenninger, 35, of Batavia, and Robin L. Walsh, 51, of Batavia, are charged with criminal possession of a controlled substance, 7th. Pfenninger and Walsh were arrested by State Police at 2:38 p.m. Wednesday. No further details released.

At a press conference this morning (photo), officials with the Sheriff's Office asked for the public's help in locating the family of murder victim Sherri Colleen Butler and this evening investigators announced next of kin of been located and notified of Butler's death.

The 58-year-old woman was found dead Monday morning in her room at the Sunset Motel in Batavia, the victim of blunt force trauma to her neck.

The suspect remains at large.

Investigators are still seeking the public's helping in solving the murder case. Anybody with any information that might be helpful are encouraged to call (585) 343-5000.

Previously: Investigators trying to locate family of murder victim Sherri Colleen Butler

Investigators have been unable to locate the family of Sherri Colleen Butler, the woman found dead two mornings ago in a room at the Sunset Motel on West Main Street Road, Batavia, so they released her name today in the hope somebody will see it and contact them with more information about her.

As far as investigators know, Butler has been living at the Sunset Motel since the January 2014 when deputies first had contact with her.

She has a record of prior law enforcement contacts in Rochester.

Not much else is known about here, said Undersheriff Gregory Walker during a press conference this morning.

Butler is described as a white female, age 59.

She was last seen alive Friday or Saturday.

Emergency dispatch received a call at 11:57 a.m. Monday of an unresponsive woman in a room at the motel. One of the motel's owners, Kevin Bezon, went to check on her because she hadn't been seen in a couple of days.

Sgt. Ron Meides was the first officer on scene and he immediately determined Butler was dead and the circumstances of her death seemed suspicious.

A medical examiner has ruled her death a homicide. The cause of death was "blunt-force trauma to the carotid artery."

Chief Deputy Jerome Brewster said Butler had no other serious injuries. He would not say whether there was evidence of a related crime, such as robbery or sexual assault. 

There was no drug paraphernalia in the room.

There was no sign of forced entry. 

Brewster said no information will be released at this time on whether there is a suspect or suspects.

“It’s hard to assume whether it was somebody she knew or not,” Walker said.

Like all the residents of the motel, Butler paid her rent on a weekly basis. Co-owner Lynn Bezon said Butler always paid her rent on time and was a pleasant resident.

"She was a sweet lady," Bezon said.

Butler's prior police contact did include an arrest, according to available information. She was arrested in May 2014 for harassment, 2nd, and trespass. She was arrested in July 2014 on a warrant for criminal contempt.

Homicides remain rare in Genesee County. The most recent cases include the last one on Dec. 1, 2015, when Kyle Johnson killed Norman Ball on Selden Road in Le Roy. In December 2014, Baby Chandler died of head trauma and Jeffrey L. Deats was charged with manslaughter. A few days later, Deats took his own life while in custody. In 2009, Scott Doll killed Joseph Benaquist in Pembroke.

The unsolved murders in the county include Bill Fickel, Annie Lee, Eddie Freson and Kisha Sullivan.

Asked how he thought this case might be a hard case to solve, Brewster said, "I never go into one thinking I’m not going to win."

Solving the Butler case though may hinge, Brewster said, on the cooperation of people who aren't normally comfortable talking with the police.

"Because she lived in a motel unit and paid week-to-week, she would have been in contact with people that are similarly fixed and sometimes these people don’t really communicate with the police," Brewster said. "We’re hoping that when they realize this woman has been murdered that they may decide step outside themselves and help the police for once. They could be a big help to us if they decide to come forward."