crime

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.

Charles Thigpen-Williams AKA "Gus" or "Gusto" is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on July 19 in the City of Batavia that the defendant knowingly and unlawfully possessed a controlled substance -- cocaine -- and it weighed 500 milligrams or more. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that on the same date in the city Thigpen-Williams possessed a firearm -- a Ruger model P89 9mm with a specified serial number -- and he had previously been convicted of a crime. In Special Information filed by the District Attorney's Office, the defendant is accused of having been convicted of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. That conviction was on July 20, 2010, in Genesee County Court, and it forms the basis for count two in the current indictment.

Gregory D. Metz is accused of the crime fo driving while intoxicated as a Class E felony. It is alleged that on Aug. 10 in the Town of Darien that Metz operated a 1999 Cadillac on Sumner Road while in an intoxicated condition. In count two, Metz is accused of having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Metz is accused of having been convicted of DWI as a misdemeanor on Feb. 19, 2009, in Batavia City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

An ad posted to Craigslist of a car for sale in Batavia was really just a scam to rob potential buyers, police alleged, and two local men have been arrested and charged with conspiracy in the fourth degree.

In custody are Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford. 

They were arrested on Sumner Street in Batavia following an investigation by Batavia PD and the Local Drug Task Force.

When they were taken into custody, both reportedly possessed replica firearms.

The alleged scam came to light after concerned citizens alerted police to the post and the suspicious behavior of the sellers.

Tomlin and Santiago were arraigned in City Court and jailed without bail.

Tomlin was also arrested on a warrant for criminal mischief and assault. 

Additional charges are pending for both suspects.

Police ask that anybody who responded to a suspicious vehicle for sale ad in the City of Batavia to contact Det. Sgt. Kevin Czora at (585) 345-6311.

"The public should be aware of these types of scams, and report any suspicious activity to their local authorities," Police said in a statement. "When making transactions of these types, it is encouraged that you meet in a very public location, including local police departments."

Of 46 suspected or convicted criminal foreign nationals arrested this past week by Immigration Customs Enforcement in Western New York, seven were arrested in Genesee County, according to an ICE spokesman.

No details were released on the seven arrested locally. They were apprehended in Batavia, Elba, Byron and Bergen.

ICE provided examples of some of the people arrested without providing names or details on the locations of the arrests, such as: 

• A 39-year-old Mexican male with convictions for two counts of illegal entry, driving while intoxicated, and a protection order for domestic violence. He will remain in ICE custody pending the outcome of his removal proceedings.
• A 23-year-old Guyanese male with convictions for driving while ability impaired and harassment, following his arrest for menacing with a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.
• A 53-year-old United Kingdom male with convictions for two separate convictions for felony grand larceny. He will remain in ICE custody pending the outcome of his removal proceedings.
• A 49-year-old Vietnamese male with convictions for theft, burglary, abuse, and menacing, following his arrest for menacing with a weapon, child endangerment, and criminal possession of a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.

The arrests were made over a five-day period as part of an operation targeting at-large criminal aliens, illegal re-entrants, and other immigration violators.

ICE said half of those picked up had prior criminal convictions. Of the 23 who were counted among the non-criminal violators, four were fugitives and six illegally re-entered the country after being deported.

Criminal convictions of those arrested included: felony grand larceny, firearms possession, drug possession, child endangerment, abuse, driving under the influence of alcohol or a controlled substance, and forgery.

“Operations like this one demonstrate ICE’s continued focus on the arrest of dangerous criminal aliens as well as those who enter the United States illegally,” said Thomas Feeley, field office director for ERO Buffalo in a statement. “Illegal aliens will not find safe harbor in New York.”

In the press release, ICE states:

Some of the individuals arrested during this week’s enforcement action will be presented for federal prosecution for re-entry after deportation, a felony punishable by up to 20 years in prison. Those not being criminally prosecuted will be processed for removal from the country. Individuals who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country.

ICE stated that during the operation, which ended Jan. 12, officers may have encountered additional suspects who may be in the United States without proper documentation. Those persons were evaluated on a case by case basis and, where appropriate, arrested by ICE.

A 17-year-old Basom resident has lost his sentencing cap on his conviction of making a terrorist threat and reckless endangerment after allegedly testing positive for marijuana while out of jail awaiting sentencing.

Judge Charles Zambito told Isaac Abrams that he violated the terms of his release, which could mean his sentence on the two counts could run consecutively instead of concurrently. He faces up to seven years in prison on each count.

Abrams nor his attorney disputed the positive test.

Attorney Vanessa Guite characterized the marijuana use as a one-off incident.

"Someone handed him what they said was a 'black and mild' and he took a puff," she said. "He didn't understand what it was but he realizes he needs to change his behavior." 

The toxicology came back "mild positive," which indicates Guite said, that Abrams is not a habitual user.

First Assistant District Attorney Melissa Cianfrini confirmed with Zambito that Abrams had lost his sentencing cap.

"I don't know if you can get a mild positive test from one puff on a blunt but he has violated the terms of his release under supervision," Cianfrini said.

A month ago, Abrams admitted to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.

He pled guilty to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.

While out of jail awaiting his sentencing, Abrams is on a curfew and can't leave his house between 7 p.m. and 7 a.m.

Zambito didn't order him back to jail today but warned him not to violate the terms of his release again.

"If there is any violation, there will be no notice to appear," Zambito said. "I will issue an order for your arrest and hold you until your sentencing."

Sentencing is scheduled for Feb. 9.

Jarvis D. "D" Seymore, 34, of Carthage Street, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.

On Wednesday evening, Seymore's vehicle was located in the parking lot of a business on Park Road, Batavia, by the Local Drug Task Force and Seymore was served with a search warrant that had already been obtained by agents of the task force.

During the search, agents allegedly found a quantity of cocaine, fentanyl, marijuana and cash.

Following arraignment in Town of Batavia Court, Seymore was jailed without bail.

The arrest was the result of an investigation into the sale of cocaine, heroin and fentanyl in and around Batavia.

Assisting in the investigation, State Police, uniformed deputies and the District Attorney's Office.

Thomas Allen Culver Jr., 39, of Wood Street, Batavia, is charged with petit larceny. Culver is accused of stealing and selling scrap metal from a location on Alexander Road, Batavia.

Anthony M. Quinn, 28, of 67th Street, Niagara Falls, is charged with unlawful possession of marijuana and muffler exhaust system violation. Quinn's vehicle was stopped for alleged traffic violations at 6:29 p.m. Wednesday on Route 77, Pembroke, by Deputy Andrew Mullen.

Alisa M. Schenk, 47, of Rochester, is charged with petit larceny. Schenk is accused of a theft at a location on the Tonawanda Indian Reservation at 10:42 a.m. Dec. 29. Schenk was arrested by State Police. No further details released.

Justin J. Bily, 21, of Cheektowaga, is charged with unlawful possession of marijuana. Bily was stopped by State Police at 5:34 a.m. Tuesday on the I-490 in Bergen.

Keith M. Hennard, 34, of Fillmore, is charged with driving while impaired by drugs, unsafe tires, moving from lane unsafely, and speeding. Hennard was charged by State Police following a motor vehicle accident at 5:26 p.m. Tuesday on Route 77, Pembroke. There were no injuries reported in the accident.

A State Trooper has been arrested and charged with offering a false instrument for filing and falsely reporting an incident after allegedly claiming she was menaced by a person with a weapon while in Batavia.

Investigators say Brianna J. Smith, 25, was off duty at the time of the incident.

The location in Batavia of the report was not released nor were other details of the incident.

The State Police Bureau of Criminal Investigation conducted the investigation. In a release, State Police say that investigators determined a weapon was never displayed nor used in the incident.

She was arrested and processed at the Batavia Barracks. Smith was attached to Troop T in Syracuse.

She was issued an appearance ticket in Town of Batavia Court for a date this month.

Pierre Mahon Humphrey, 27, of Michigan Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Humphrey was allegedly found in possession of marijuana and narcotics during a traffic stop on Park Road, Batavia, by Deputy Travis DeMuth at 4 p.m. Tuesday. Humphrey was jailed on $25,000 bail or $50,000 bond.

Lucas T. Shafer, 20, of State Route 96A, Romulus, is charged with unlawful possession of marijuana. Shafer was charged after Officer Arick Perkins located a vehicle parked behind the Harvester Center and stopped to investigate at 12:45 a.m., Tuesday. Also charged, Aaron C. Cuyler, 19, of Batavia Stafford Townline Road, Batavia.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with criminal contempt, 2nd. Dhanda was arrested following a complaint of a person banging on the back door of a residence on Ellicott Street, Batavia, at 3:08 p.m. Monday. There was an order of protection in place that Dhanda allegedly violated. Dhanda was jailed on an unspecified amount of bail.

Alexander J. Schultz, 18, of Ross Street, Batavia, is charged with obstructing governmental administration and disorderly conduct. Schultz and a 17-year-old, who was also charged, were allegedly involved in a fight on Ross Street, Batavia, at 4:34 p.m. Jan. 11.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with making terrorist threats and aggravated harassment, 2nd. Bartholomew allegedly made threats against police officers on social media. He was jailed without bail.

Desiree M. Sumeriski, 34, of South Main Street, Batavia, is charged with endangering the welfare of a child. Sumeriski allegedly failed to seek medical care for a child after observing injuries sustained by the child.

Camon T. Wyatt, of Pardee Street, Rochester, was arrested on a warrant for alleged failure to appear as ordered in court. Wyatt was released on bail.

David L Andrews, 30, of Lewis Place, Batavia, is charged with criminal impersonation and conspiracy 6th. Andrews is accused of conspiring with another person not to pay a bill at a local person by pretending to be another person.

Preston Randall Herbst, 21, of Hamlin Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Herbst was stopped at 2:51 a.m. today on Telephone Road, Pavilion, by Deputy Mathew Clor.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with making terrorist threats. Misiak allegedly called a supervisor at the Sheriff's Office and threatened to damage the property of the subject as well as physical harm the subject. Misiak was arraigned and released under supervision of Genesee Justice.

Anna Marie Howard, 32, of Ivison Road, Byron, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, 2nd, and registration display violation. Deputy Ryan DeLong and Deputy Andrew Mullen responded to a complaint of a person driving erratically in the parking lot of the 7-Eleven in Bergen at 4:05 p.m. Sunday. 

Jordan R. Mock, 23, of Pavilion, is charged with a false written statement and falsely reporting an incident. Jordan J. Schilling, 30, of Silver Springs, is charged with criminal mischief, 3rd, false written statement, and falsely reporting an incident. Mock and Schilling were arrested in relation to a burglary investigation by State Police reported at 4:10 p.m. Saturday on Perry Road, Pavilion. Schilling was also charged in Wyoming County with false written statement in relation to a fraud investigation. No further details were released.

Timothy A. Frenchy, 24, of Bronx, is charged with unlawful possession of marijuana. Frenchy was charged while at College Village at 9:03 p.m. Monday by State Police.

Press release:

The Batavia Police Department is asking citizens and business owners with surveillance cameras to partner with us in the fight against crime!

The Batavia SafeCam Registration Program allows citizens / businesses to register their camera systems with the police department to aid in crime prevention strategies and investigations which may occur in the proximity of their camera systems.

The registration process is very easy and free.

Simply go to http://www.batavianewyork.com/police-department/webforms/batavia-safecam-program and fill out the form. Registration forms can also be picked up at Batavia Police Headquarters located at 10 W. Main St., Batavia.

Surveillance cameras have been an integral part of fighting crime in Batavia. Privately owned camera footage has helped solve a variety of serious offenses in Batavia over the years, including various burglaries, a fatal hit-and-run accident, and even a homicide.

Working together, we can keep Batavia a safe place to live and work.

Please note that the police department will not have the ability to freely or remotely access your cameras, claim ownership, or dictate the camera systems functions. This is simply a database that will allow the Batavia Police Department to see who might have captured footage related to a particular crime.

Thank you for signing up and joining us in the fight to keep our city safe!

There will apparently be no contempt charge against Marlek Holmes after the convicted sexual predator used profanity and hurled insults at the District Attorney today in County Court.

Judge Charles Zambito apparently did not hear the most profane statement by Holmes, when he told District Attorney Lawrence Friedman he could go eff himself while the DA was using a copy machine near the defense table.

Defense Attorney Fred Rarick put his hand on his client's shoulder and advised him to be careful about what he said in court. 

Zambito did hear Holmes say, “I don’t understand anything that stupid ass says," after Zambito asked if he understood the plea offer presented by the district attorney.

Zambito pressed on without acknowledging the remark and clarified that Holmes was declining a plea offer that would have capped his potential prison sentence on his latest conviction and avoid a trial on a charge of failure to register a new address as a registered sex offender.

In May, Holmes, already a convicted sex offender, entered a guilty plea to guilty to a Class C violent felony, attempted criminal sexual act in the first degree. Later that month, he was sentenced to 15 years in prison while proclaiming his innocence. 

In October, Holmes was convicted following a jury trial on two counts of assault in the second degree and criminal mischief for assaulting a fellow inmate at the Genesee County Jail. 

On that conviction, he could be sentenced up to seven years each, for a total of 14 years, on top of the 15 years he's currently serving.

The plea offer from Friedman would have capped the sentence at five years, consecutive to his current 15 years, for a total of 25 years in prison, and satisfied the pending charges against Holmes related to his alleged failure to register a change of address as a sex offender (the oldest of the group of charges that has tied him up in County Court for more than a year).

As part of the deal, Holmes would be required to drop his current appeal on his sexual abuse conviction and not pursue appeals on his other cases.

The deal would have saved the people the expense of another trial.

Holmes refused the deal.

Earlier this month, Holmes sought to have his new trial delayed because he's being shuttled between prisons and doesn't have all of his paperwork and access to the prison law library. Friedman argued against a delay and Zambito agreed a delay was not necessary.

Jury selection is scheduled to begin Monday with a hearing before the actual trial begins on Tuesday on whether Holmes qualifies as a persistent violent felony offender, which could mean an enhancement on his sentence on the jail assault conviction.

After court, Friedman said he wasn't sure what Zambito might have heard Holmes say, and he wasn't sure what was captured on the record.

"I decided at that point not to bother saying anything," Friedman said.

Alex Feig, from our news partner WBTA, contributed reporting to this story.

Police are responding to a residence on Ellicott Street, Batavia, for a report of someone trying to break down the back door.

A man is unconcious in the parking lot of Sacred Heart Church after being struck in the face during an altercation. The assailant left the scene. City police and Mercy medics are en route. The church is on Sumner Street.

UPDATE 3:03 p.m.: Police and medics are on scene. An officer reports to dispatchers that somebody picked up the unconsious man and took him away in a vehicle. "No discription of where he went; I'll be checking the area."

Raymond EJ Smith Jr., 43, of Lockport Road, Oakfield, is charged with operating a snowmobile while impaired by alcohol, operating a snowmobile on a street or highway, operating a snowmobile without liability insurance, operating an unregistered snowmobile, and refusal to take a breath test. Smith and his snowmobile were found by a passerby overturned in a ditch at 10:19 p.m. Saturday on Lockport Road, Oakfield. He was not injured. The accident was investigated by Deputy Jeremy McClellan. (Initial Report)

Katherine Marie Wilkinson, 21, of Buffalo Street Road, Alexander, is charged with falsely reporting an incident. Wilkinson is accused of falsely reporting that a person hit her in the face. When deputies arrived to investigate the complaint, Wilkinson allegedly told the deputies the incident did not happen.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman allegedly threw a plate at another person while at Denny's on West Main Street, Batavia.

Winston Ashton Lockhart Sr., 22, of Holland Avenue, Batavia, is charged with harassment, 2nd, and acting in a manner injurious to a child. Lockhart was charged following a report of a domestic incident on Holland Avenue at 11:55 a.m. Jan. 7.

Douglas A. Curry, 66, of Grand Avenue, Rochester, is charged with criminal contempt, 2nd. Curry was arrested on a warrant for allegedly violating an order of protection.

Franciso Martinez, 44, of Bridgeman Street, Buffalo, is charged with unlawful possession of marijuana, harassment, 2nd, endangering the welfare of a child, and robbery, 3rd. Martinez was allegedly in a fight with another person at a residence on Bank Street at 8:36 p.m. Thursday. During the domestic incident, he allegedly stole an item from the victim. He was jailed without bail.

Matthew J. Vickers, 38, of Court Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, and failure to keep right. Vickers was reportedly involved in a motor-vehicle accident at 8:28 p.m Jan. 6 on West Main Street, Batavia.

Information provided by the Polk County Sheriff's Office in Florida:

A man who was shot -- twice in the head, once in the arm, and once in the shoulder -- at the home of a former Alexander resident who was murdered Jan. 3 in Florida died today.

Kenneth Maier, of 7462 Berkley Road, Polk City, Fla., succumbed to injuries around 1 p.m. (Jan. 12).

William Reiss, 68, formerly of Alexander, died at the scene after a man he had sold guns to previously, came to his home, was allowed in, and allegedly shot the two men before stealing guns and a pickup truck with the aid of two accomplices.

"We are heartbroken to hear that Kenneth passed away today. We are sending our thoughts and prayers to Kenneth's family and friends. This act of vicious murder should have never happened," said Polk County Sheriff Grady Judd.

"The three suspects from Mobile, Ala., will be pending additional murder charges in relation to Kenneth Maier's death. We will send another update when additional charges are placed. We appreciate the assistance of the Mobile Police Department in this investigation."

Some of the firearms were recovered, along with the victim’s stolen truck, which was torched. All three suspects will be extradited back to Polk County to face first-degree murder and other charges.

On Jan. 6, three suspects were arrested in the case: 22-year-old Kenley Campbell, 22-year-old Darril Lamar Rankin Jr., and 18-year-old Gerjuan Demarcus Jackson all of Mobile.

Thus far, they have all been charged with:

• First-degree murder (FC)
• Attempted first-degree murder (F1)
• Armed burglary with assault/battery (F1)
• 13 counts of grand theft of a firearm (F3)
• Robbery with a firearm/deadly weapon (FL)
• Conveyance burglary (F3)
• Grand theft of a motor vehicle (F3)

For previous coverage click here and here.

Press release from the Batavia Police Department:

The Batavia Police Department is investigating a car/pedestrian accident which occurred on West Main Street today.

The accident happened at approximately 2:10 p.m. on the area of Settler's.

The pedestrian was walking eastbound on the sidewalk on the north side of West Main Street. While crossing the street, a black Honda sedan struck the pedestrian and continued westbound on West Main Street.

The driver was described as a white female with curly hair.

The pedestrian is currently being treated at UMMC.

Anyone with information in reference to this case is asked to contact Officer Prusak or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

UPDATE 5:14 p.m.: A caller reports seeing a vehicle that matches the description with front-end damage driving on Willow Street. No information on when the car was seen.

(Initial report)

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia. 

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

Press release:

Christina Hietala-Johnson, age 35, of Rochester, was sentenced to five years’ probation in Genesee County Court on Thursday (Jan. 11) as a result of her guilty plea last October to a felony count of offering a false instrument for filing in the first degree.

In addition, Hietala-Johnson was also ordered to pay $2,245 in restitution to the Genesee County Department of Social Services, will be disqualified from receiving Food Stamp benefits and Temporary Assistance benefits, and must perform 500 hours of community service.

Hietala-Johnson had been charged in June 2017 with two counts of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. Those charges were filed when a social services investigation revealed she had submitted various recertification forms to the Department of Social Services and failed to report that she was married.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585)344-2580, ext. 6417 or 6416. All calls are confidential.