crime

Jaylinn M. Oneil, 27, of Walnut Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and endangering the welfare of a child. Oneil was arrested by members of the Local Drug Task Force following a search of his residence as the result of an investigation initiated by the Department of Social Services. Following arraignment, Oneil was released under supervision of Genesee Justice.

Timothy James Hodgins, 32, of Lewiston Road, Batavia, is charged with unlawful possession of marijuana and inadequate headlamps. Hodgins was stopped at 7:48 p.m. Thursday on Lewiston Road, Batavia, by Deputy Kyle Krzemien.

Andrew Charles McGiveron, 29, of Walkers Corners Road, Byron, is charged with unlawful possession of marijuana. McGiveron was stopped at 7:52 p.m. Feb. 2 on Clinton Street Road, Stafford, by Investigator Christopher Parker. McGiveron was allegedly found in possession of a glass pipe and a small quantity of marijuana during a traffic stop.

Paul Donald Fields Jr., 48, of Pearl Street Road, Batavia, is charged with DWI, driving with a BAC of .8 or greater, aggravated unlicensed operation, 1st, criminal possession of a controlled substance, and moving from lane unsafely. Fields was charged following an investigation by Deputy Travis DeMuth into a motor-vehicle accident reported at 10:46 p.m. Wednesday on Indian Falls Road, Pembroke.

Abrain D. Wright, 33, of Rochester, is charged with unlawful possession of marijuana. Wright was stopped by State Police at 11:07 p.m. Thursday on Route 33 in Bergen.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that the defendant knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds or mixtures or substances containing a narcotic drug, cocaine, and these were of an aggregate weight of one-half ounce or more. In count three, Delgado is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly selling cocaine in the City of Batavia on Dec. 20.

Samuel R. Baudanza is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 22 in the Town of Pavilion that he knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it.

Isaac C. King is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on July 31, having been charged or convicted of a crime and while confined in a correctional facility -- the Genesee County Jail at 14 W. Main St., Batavia -- that he intentionally caused physical injury to another person. In count two, the District Attorney accused King of fourth-degree grand larceny and alleged that on that date he stole property from a person at the jail.

Ismael L. Laffosse, 31, Fisk Road, Akron, is charged with second-degree attempted assault, second-degree menacing, third-degree criminal mischief, and criminal possession of a weapon, 4th. Laffosse is accused of striking another person with a baseball bat and damaging that person's personal property. The incident was reported at 6:54 p.m., Jan. 29, at a location on Apollo Drive, Batavia. The victim suffered serious injuries but has been released from the hospital.

Armando L. Carrion-Rojas, 23, of McCall Road, Greece, is charged with criminal mischief. Carrion-Rojas is accused of breaking the driver's side mirror of his girlfriend's car at 1:50 p.m. Monday at a location in Le Roy, and of damaging a residence door after his girlfriend locked him outside the residence. He was jailed on $500 bail or $4,000 bond.

Derek James Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd. Wert allegedly contacted by electronic means a person he was ordered by a judge not to contact. Wert was jailed on $1,000 bail.

Ronald F. Ratulowski, 44, of Eleanor Place, Batavia, is charged with third-degree assault. Ratulowski was arrested on a warrant. The original incident was reported at 11 p.m. Sept. 10 at a location on Eleanor Place. No further details released.

Bonnie L. Cortright, 30, West Main Street, Batavia, was arrested on two City Court warrants. The reason for the warrants was not released. She was released on her own recognizance.

Kevin Andrew Rivera, 23, of Batavia Stafford Townline Road, Batavia, is charged with third-degree criminal mischief. Rivera allegedly broke the window of a College Village dorm room at 10:56 p.m. Monday.

Nicholas Gerald Schafer, 19, of Broadway Road, Darien, is charged with DWI, driving while impaired by drugs, driving while ability impaired by the combined influence of drugs and alcohol, and parking violation on a highway. Deputy Kyle Krzemien was dispatched at 4:17 p.m. June 30 to Batavia Elba Townline Road, Elba, to investigate a complaint of a subject passed out in a vehicle. Following an investigation, Schafer was charged.

Jeremiah D. Williams, 26, of Batavia, was arrested by State Police following a revocation of parole. He was ordered held in jail.

An 18-year-old resident of Batavia is charged with petit larceny. The defendant was arrested on Goade Park. The incident was reported at 6:17 p.m. Monday in Kendall. The arrest was made by State Police at 6:10 a.m. Tuesday. No further details released.

Katrina P. Giummo, 29, of Corfu, is charged with petit larceny. Giummo is accused of a theft reported in Corfu at 1:18 p.m. Monday. She was arrested by State Police. No further details released.

A larceny of a canine just occurred on Griswold Road. The caller told a dispatcher that a gray vehicle pulled into the driveway and took the dog through a door and drove off.

The driver headed down Clinton Street Road and turned northbound onto Batavia Stafford Town Line Road.

The caller followed the suspect's vehicle and state troopers caught up with it on Bank Street south of West Saile Drive, where they now have it stopped.

UPDATE 1:44 p.m.: We are working to clarify some additional information. The dog's owner says the dog was outside when it was taken.

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

Jacqueline M. Saeli, 52, of North Lake Road, Corfu, is charged with two counts of third-degree arson and one count of second-degree criminal mischief. Saeli is accused of starting a fire at 5:33 a.m. Jan. 6 at 8455 North Lake Road, Pembroke. The fire destroyed a shed and a Harley-Davidson motorcycle. Investigators say the shed and motorcycle were the property of her ex-boyfriend. The incident was investigated by Deputy Ryan Young, Investigator Christopher Parker, with assistance from the Pembroke Volunteer Fire Department and the Emergency Management Office. Saeli was arraigned and released under supervision of Genesee Justice.

Darcia Marie Golda, 46, of West Main Street, Batavia, is charged with third-degree grand larceny. Golda is accused of stealing more than $31,000 from her employer, Rite Aid, at 4155 W. Main St., Batavia, between October 2016 and September 2017.

David Allen Gurgir, 56, of Hulberton Road, Holley, is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. Gurgir is accused of working with two accomplices to purchase a truck and complete all of the associated paperwork under false pretenses.

Daniel L. Schmiegel, 32, of Basom, is charged with two counts of criminal possession of a weapon, 3rd. Schmiegel is accused of possession of an assault rifle and an ammo clip. Schmiegel was arrested by State Police. No further details released.

Maurice G. Leach, 41, of Batavia, is charged with resisting arrest, unlawful possession of marijuana, endangering the welfare of a child, fleeing a police officer in a motor vehicle, 3rd, aggravated unlicensed operation, using a vehicle without an interlock device, reckless driving. Leach was arrested by State Police in relation to an incident reported at 8:42 p.m. Thursday. No further details released.

A 37-year-old Batavia woman was caught smashing into a car window and stealing a purse, using credit cards from the purse, and later accused of using stolen checks, made a factual admission today to her crimes in Genesee County Court.

Brandi Marie Smith, of North Bennett Heights, entered a guilty plea to the Class E felony of grand larceny in the fourth degree.  

The plea satisfies all the charges against her and gives her a chance to avoid a prison term.

District Attorney Lawrence Friedman said if Smith abides by the court's orders while awaiting sentencing May 4, she will likely be given five years probation.

She is currently out of jail under supervision of Genesee Justice.

Smith was arrested in October and accused of smashing out the car window of a vehicle parked at a business, stealing the purse containing credit cards, debit cards and checks, and then using the items to make purchases at local stores.

She was charged with four counts of first-degree identify theft, four counts of forgery, three counts of second-degree identify theft, three counts of fourth-degree criminal possession of stolen property, and one count of fourth-degree grand larceny.

Later the same month, she was arrested again and charged with criminal possession of a forged instrument, 2nd. 

As part of her plea, Smith is required to pay restitution.

Shannon L. Klinkbell-Hayday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbell-Hayday allegedly made fraudulent return refunds at a business where she was working and then kept the return money.

Devin P. Hofert, 22, of Hutchins Street, Batavia, was arrested on a warrant. Police came into contact with Hofert during an investigation into a domestic incident. He was also allegedly found with a hypodermic instrument. He was jailed on $5,000 bail.

John A. Snook, 29, of Oak Orchard, Albion, is charged with first-degree criminal contempt. Snook allegedly violated a stay away order of protection by going to the home of the protected person. He was jailed without bail.

Freddie L. Cunningham Jr., 56, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cunningham allegedly threatened harm to another person during an incident reported at 3:14 p.m. Tuesday.

Christopher Lynn Allison, 23, of Gaines Waterport Road, Albion, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana. Allison was arrested after Deputy Ryan Delong responded to a report at 3:20 p.m. Wednesday to the 7-Eleven in Oakfield of a male unconscious in a vehicle.

The Sheriff's Office is investigating a pair of attempted break-ins to residences in Bergen, one in the Village and one in the Town, that occurred the night of Jan. 23.

In both cases, the would-be intruder or intruders failed to make entry into the homes.

One was an apartment on Gibson Place, the other a house on Creamery Road.

Investigator Andrew Hale said he believes the two attempted break-ins are related.

They happened within hours of each other.

There's little evidence at this point to identify a suspect.

What stopped the possible burglary on Gibson was a security chain on the kitchen door of the apartment. Whoever tried to break in got the door open but couldn't open it further because of the chain, Hale said. 

On Creamery Road, several windows were tried but none successfully opened.

Residents in the area are reminded to lock their doors and windows and be on the lookout for suspicious activity.

Anybody with information that may assist the investigation may call the Sheriff's Office at (585) 353-5000 and ask for extension 3570.

Randy J. Heslor, 24 of 3991 Pearl Street Road, Batavia, is charged with petit larceny. Heslor is accused of eating a deli sandwich in a store on West Main Street, Le Roy, and leaving without paying for it.

Robert T. Hoffman, 38, 45 Gilbert St., Le Roy, is charged with criminal mischief, 4th, and three counts of endangering the welfare of a child. Hoffman allegedly pushed another person and stopped that person from calling police. He was jailed on an unspecified amount of bail. 

Aaron Maurice Jackson Jr., 27, of Andrews Avenue, Binghamton, is charged with aggravated unlicensed operation, 3rd, and speeding. Jackson was stopped at 1:14 a.m. Monday on Boardway Road, Bethany, by Deputy Jeremy McClellan.

Grand Jury Report: 

Foster M. Brandt is indicted on counts of felony DWI. Brandt was stopped Sept. 23 on Route 5 in the Town of Le Roy. He was convicted in 2013 on a charge of driving while ability impaired by drugs.

Michael S. Ryan is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Aug. 25 at the Premier Genesee Nursing Home on Bank Street in Batavia, he knowingly possessed stolen property -- a credit or debit card belonging to a client of the Le Roy Federal Credit Union.

Kevin G. Viehdeffer is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that he did not personally appear in Genesee County Court on the required date of March 27, or voluntarily within 30 days thereafter. It is alleged in the indictment that Viehdeffer was released from custody or allowed to remain at liberty upon the condition that he would subsequently appear in Genesee County Court.

Ryan P. Isham is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 10 in the Town of Elba that Isham drove a 2011 Chevrolet on Route 262 in Elba while intoxicated. In count two, the defendant is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more. In Special Information filed with the indictment by the District Attorney, Isham is accused of having been convicted of DWI as a misdemeanor on Nov. 15, 2015, in Cambria, Niagara County. That conviction is within 10 years of the crimes alleged in the current indictment.

Danielle N. Webster is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 6 in the Town of Alabama that Webster drove a 2005 Chevrolet on Bloomingdale Road while knowing, or having reason to know, that her driver's license or privilege to operate a motor vehicle was suspended in New York on Aug. 25 pending prosecution. It is further alleged that she was under the influence of alcohol or a drug at a time. In count two, the defendant is accused of driving while intoxicated as a misdemeanor. In count three, she is accused of failure to keep right. In count four, the defendant is accused of moving from lane unsafely. In count five, Webster is accused of moving across hazard lines on the roadway. In count six, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal possession of a weapon, 3rd. Tomlin was charged as part of the ongoing investigation into a Craigslist scam. Tomlin was allegedly in possession of a blunt-force weapon with the intent to use it against another person. The weapon was not used against any person, according to police. Tomlin, already held on prior charges, was arraigned in City Court and ordered held on this charge on a bail of $10,000 or bond of $20,000.

Ryan Nicholas Bartholomew, 23, of Adams Street, Batavia, is charged with criminal mischief, 3rd. Bartholomew is accused of causing $471.57 in damage to an isolation cell door in the Genesee County Jail by kicking it.

Stephanie Marie Wentworth, 32, of Augusta Street, Rochester, was arrested on a warrant for alleged failure appear. Wentworth was arraigned and held on bail.

Olivia Alisa Ellis, 19, of Ellsworth Avenue, Batavia, is charged with unlawful possession of marijuana. Ellis was charged stemming from an incident reported Jan. 3.

A 16-year-old resident of Batavia is charged with menacing, 2nd, and endangering the welfare of a child. The youth was allegedly involved in a fight on Jan. 21 at an unidentified location in Batavia. He allegedly threatened another person with a knife.

Rajea Shaiek Thomas, 29, of Sutorius Drive, Rochester, was arrested on a warrant. Thomas turned himself in after learning of the warrant. No further details released.

Matthew J. Bean, 50, of Countryside Lane, Depew, is charged with DWI, driving with a BAC of .18 or greater, refusal to take a breath test, and driving left of pavement markings. Bean was stopped at 5:09 p.m. Thursday on East Main Street, Batavia, by Deputy Robert Henning.

Kirk Anthony Breemes, 29, of Main Road, Le Roy, is charged with criminal contempt, 1st, harassment, 2nd, and criminal mischief. Breemes allegedly violated an order of protection and fought with another person and also damaged walls and doors during the altercation.

Xavier Malik Hand, 21, of Garibaldi Avenue, Oakfield, is charged with criminal contempt, 2nd. Hand allegedly left voicemail messages on another person's phone in violation of a court order.

Richard H. Wahl Jr., 51, of West Main Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and no seat belt. Wahl was stopped at 8:42 p.m. Jan. 21 on West Main Street, Corfu, by Officer Richard Retzlaff.

Louis Warren, 64, of West Broad Street, Rochester, is charged with aggravated unlicensed operation and speeding. Warran was stopped at 2:14 p.m., Jan. 19, on Alleghany Road, Village of Corfu, by Officer Jacob Gauthier.

Daniel L. Schmiegel, 32, of Basom, is charged with menacing, 3rd, unlawful imprisonment, coercion, grand larceny, 4th, unauthorized use of a vehicle, criminal possession of a controlled substance, and harassment, 2nd. Schmiegel was arrested by State Police following a reported incident at 7:58 p.m., Saturday. He was ordered held on bail. No further details released.

Matthew C. Strobele, 39, of Oakfield, is charged with DWI, refusal to take breath test, criminal possession of marijuana, 4th, driving a vehicle without an inspection sticker, failure to keep right, driving left of pavement marking and speeding. Strobele was stopped at 10:55 p.m. Friday by State Police in the Town of Ridgeway.

Amanda E. Dalrymple, 27, of Warsaw, is charged with petit larceny. Dalrymple is accused of stealing at a location in the Town of Batavia. No further details released.

Jessica L. Stranc, 21, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Stranc was stopped by State Police at 12:17 a.m. Thursday on Route 77, Darien.

Brandi Ann Watts, 37, of Indian Falls Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, inadequate stop lamp, and possession of an open container in a motor vehicle. Watts was stopped at 2:42 p.m. Sunday on Washington Avenue, Batavia, by Deputy Richard Schildwaster.

Timothy Jon Montesano, 30, of Gilbert Street, Le Roy, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, muffler violation, and failure to stop for stop sign. Montesano was stopped at 10:28 p.m. Thursday on Main Street Road, Batavia, by Deputy Andrew Mullen.

Matthew Ian Thomas Diers, 34, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

David P. Grossman Sr., 34, of State Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He was jailed on an unspecified amount of bail.

Brad Lee Ohlson, 40, of Pearl Street, Batavia, is charged with aggravated unlicensed operation, 2nd. Ohlson allegedly drove to Genesee County probation on a revoked license.

Kirk Anthony Breemes, 29, of Main Street Road, Le Roy, is charged with criminal contempt, 2nd. Breemes allegedly shook a woman causing fear in violation of a court order.

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

A caller reports finding an intruder in his apartment on Main Street in Oakfield.

The subject ran from the apartment.

He's described as a white male wearing a black T-shirt and baseball hat. Unknown direction of travel.

Troopers are responding.

Anthony L. Miraglia, 18, of Byron, is charged with sexual abuse, 3rd, unlawful imprisonment, 2nd, forcible touching, and endangering the welfare of a child. State Police Bureau of Criminal Investigations investigated multiple reported incidents in Genesee County from May 2016 to July 2017. The victims ranged in age from 15 to 17 at the time of the alleged incidents. Miraglia was released on his own recognizance. Investigators believe there may be other possible victims. Anybody with information is asked to contact the State Police at (585) 344-6200.

Winston Ashton Lockhart Sr., 22, of Hutchins Street, Batavia, is charged with assault, 3rd, aggravated criminal contempt, criminal mischief, burglary, and strangulation, 2nd. At 1:39 p.m., Jan. 16, officers were dispatched to a residence no Holland Avenue to investigating a complaint that Lockhart had violated an order of protection. Upon further investigation, officers determined Lockhart allegedly committed numerous crimes and had left the scene. Lockhart was located at the Genesee County Courthouse and placed under arrest. He was jailed without bail.

Matthew Wesolowski, 23, of Burrough Road, Cowlesville, is charged with aggravated unlicensed operation, unregistered motor vehicle, and unlawful possession of marijuana. Wesolowski was stopped at 9:17 a.m. Thursday on Liberty Street by Officer James Prusak.

Michael D. Smith, 18, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and inadequate headlights. Smith was stopped at 9:01 p.m. Jan. 16 on West Main Street, Batavia, by Sgt. Chris Camp.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal mischief, 4th, and assault, 3rd. Jaequele allegedly attacked another person and damaged property belonging to that person in an incident reported at 11:14 a.m. Saturday. Tomlin is being held in the Genesee County Jail.

Kurt M. Golata, 37, of Oakfield, is charged with harassment, 2nd. Golata was arrested by State Police in relation to an incident reported at 5:50 p.m. Monday in Oakfield. No further details released.

County Court should have been filled with prospective jurors this morning, ready to be considered for a seat in the jury box in the trial of the People vs. Marlek Holmes on a charge that he failed to register a change of change of address in 2016.

Instead, the courtroom was empty while County Court Judge Charles Zambito, District Attorney Lawrence Friedman, and Fred Rarick, representing Holmes, met in chambers.

When they came out, all Friedman said he could say was that the jury selection would not start today because Holmes was not transported from Wende Auburn Correctional Facility where he is currently being held. Friedman said he could not discuss why Holmes was not transported.

The court will try to start the trial tomorrow, and if it doesn't, officials will try again on Wednesday.

Friedman said that if the trial doesn't start by Wednesday, it's too late for this week.

There is also a hearing scheduled for tomorrow on whether Holmes qualifies as a persistent violent felony offender for the purpose of sentencing on his jury trial conviction on two counts of assault in the second degree and criminal mischief. Holmes assaulted a fellow inmate at the Genesee County Jail.

For that hearing to proceed, Holmes will need to be present.

Holmes, 43, is already serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He was already a registered Level 3 sex offender.

Last week, Holmes was in court and reportedly used profanity during the proceedings. 

In his appearance before that, Holmes sought a delay in his trial, because, he said, being in transit between prisons meant he didn't have access to all of his paperwork and to a law library. Zambito denied the request.

CORRECTION: Holmes is currently being held at Auburn. He was scheduled to be transferred to Wende during the trial.

Shannon Marie Denison, 34, of Colony Run, Attica, is charged with petit larceny. Denison is accused of shoplifting from an undisclosed location on Veterans Memorial Drive.

Nicholas Christian Doell, 27, of Lippold Road, Darien, is charged with criminal contempt, 2nd. Doell allegedly violated a stay away order of protection at 3:20 p.m. Sunday.

James Courtney Presley, 35, of Frances Street, Rochester, is charged with aggravated unlicensed operation, no tail lamps, and driver's view obstructed. Presley was stopped at 10:10 p.m. Wednesday. He was jailed on $250 bail or $2,500 bond.

Kenneth D. Barnhardt, 51, of Mt. Morris, is charged with unlawful possession of marijuana and speeding. Barnhardt was stopped at 3:52 p.m. Saturday on Route 33 in Stafford by State Police.

Carl T. Amesbury, 25, of East Bethany, is charged with petit larceny. Amesbury is accused of shoplifting from a location in the Town of Batavia. He was arrested by State Police. No further details released.