crime

Lionel Anderson Jr., a 16-year-old resident of Oak Street in Batavia, is charged with second-degree assault, a felony.

He was arrested following a fight at 8:10 p.m. on Nov. 28 at 16 Highland Park, Batavia.

According to Det. Eric Hill, the youth is suspected of injuring a 13-year-old victim who was slammed to the ground, face first, then the victim was struck in the face, twice, with a metal belt buckle. No information about the victim is being released.

Lionel was arrested after the alleged attack and initially charged with endangering the welfare of a child and harassment, 2nd. The upgraded charge comes after additional investigation. He was already in custody on the first charges when he was arraigned on the felony.

He was ordered held on $25,000 bail. He is due back in City Court at 11 a.m. on Thursday, Dec. 7.

Press release from State Police:

The New York State Police in the Western NY area, including Batavia residents and Niagara County Sheriffs Dispatch, are receiving IRS phone scams and money donation scams. Recently some of the calls have a return number to a New York State Police Barracks. The New York State Police are looking into these incidents.

The IRS does not contact the public over the phone to discuss tax payment issues. The NYSP do not call and collect money from anyone.

Other phone scams include a fictitious police officer calling you over the phone demanding money to help bail out a loved one that just got arrested.

Law Enforcement agencies do NOT call family members to take bail money or gift cards from a retail store to pay off a bail.

If you have an elderly member in your family warn them of these phone scams.

If you are a victim of a phone scam call the appropriate police agency in the area you reside or the State Police at 585-344-6200.

Joshua G. Bachorski, 34, of South Spruce Street, Batavia, is charged with petit larceny. Bachorski allegedly stole $370.82 in merchandise from Tops Market in Batavia.

Ricky A. Marceill, 53, of South Main Street, Batavia, was arrested on two warrants out of City Court for alleged failure to appear. He was held on bail.

James E. Porter, 66, of Clinton Street Road, Batavia, is charged with unlawful possession of marijuana. Porter was allegedly found in possession of marijuana at 11:22 p.m. Nov. 22 at a location on Clinton Street, Batavia.

Cody J. Dioguardi, 18, of Shepard Road, Batavia, is charged with unlawful possession of marijuana. Dioguardi was allegedly found in possession of marijuana at 11:07 p.m. Nov. 22 at a location on Clinton Street, Batavia.

Nancy E. Chatt, 72, of Prestige Crossing, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Chatt was charged following an investigation into a complaint of erratic driving at 7:24 p.m. Nov. 26 on West Main Street, Batavia. Chatt was stopped by Officer Stephen Cronmiller.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with criminal mischief and criminal contempt, 2nd. Dhanda was charged following an investigation into an alleged domestic incident reported at 7:52 p.m. at a location on Ellicott Street, Batavia. He was held on $2,000 bail.

Trisha M. Craig, 24, of Bergen, is charged with offering a false written statement and falsely reporting an incident. Craig was arrested by State Police related to an incident reported at 3:54 p.m. Nov. 27 in Bergen. No further information released.

Sean A. Semprie Jr., 25, no permanent address, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Semprie allegedly sold crack cocaine to an agent of the Local Drug Task Force.

He was charged under a Grand Jury indictment and extradited back to Genesee County from Augusta, Maine, where was being held on unrelated charges. 

He was jailed on $10,000 bail.

A suspected drug dealer from Batavia was stopped by a deputy today on suspicion of driving on a suspended license and at the time of the stop he was allegedly smoking marijuana with a child in the car.

Marcos A. Torres, 35, of South Main Street, now not only faces drug dealing charges but also charges of unlawful possession of marijuana, endangering the welfare of a child, and aggravated unlicensed operation, 3rd.

When Torres was stopped by Deputy Ryan DeLong, he was already wanted on a sealed grand jury indictment on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Torres is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions in the past four months.

Torres was jailed without bail.

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

A 46-year-old Bergen man has been charged with driving while ability impaired by drugs after the truck he was driving yesterday was struck by a train near Buffalo Street Road.

Donald R. Read reportedly fell asleep while behind the wheel of his 2000 Ford F250.

The truck traveled off the north shoulder of the road, down an embankment, and across the south side and north side tracks of the CSX line.

It came to rest near the north-side tracks.

An eastbound train on the north side tracks struck the rear of the pickup truck. The accident was reported at 6:50 p.m.

Both Read and his passenger, Frank L. Morrison, had gotten out of the truck before it was struck.

Even so, Morrison suffered minor injuries and was transported by the Bergen Volunteer Ambulance to Unity Hospital in Rochester.

Read was also charged with moving from lane unsafely, unlawful possession of marijuana, and trespassing. Other charges are pending.

The accident was investigated by Sgt. Jason Saile, Deputy Rachel Diehl, Deputy James Stack, and Deputy Eric Meyer. Assisting at the scene were members of the Bergen Volunteer Fire Department and personnel from CSX.

(Initial Report)

A group of about 30 people are reportedly fighting outside at 16 Highland Park. Unknown if weapons are involved. Dispatch has received mutliple calls about it. City police are responding. Three people are detained on Central Avenue.

UPDATE 8:29 p.m.: Backup law enforcement is requested to respond to Central Avenue in response to the public fight that occurred in the area.

UPDATE 8:31 p.m.: Three units that were called were subsequently told to disregard.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.

Davon St. John, 19, of Oak Street, Batavia, is charged with five counts of second-degree burglary. St. John is accused of five residential burglaries at five locations on Ellicott Avenue, Montclair Avenue, and Union Street, Batavia. One house was burglarized three times and the other two, once each. St. John was jailed on $50,000 bail, $100,000 bond. The burglaries were investigated by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, Officer Mitchell Cowen.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with strangulation, 2nd. Eaton is accused of strangling another person at 4:23 a.m. Sunday at a location on Otis Street, Batavia. He was jailed without bail.

Natalie M. Cervone, 23, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Cervone was a passenger in a vehicle stopped for an alleged traffic violation at 8:30 p.m. Nov. 22 on Clinton Street by Officer Chad Richards.

Brandon J. Micucci, 18, of Main Street, Alexander, is charged with unlawful possession of marijuana. Micucci was allegedly found in possession of marijuana at 9:15 p.m. Nov. 20 at DeWitt Recreation Area by Officer Stephen Cronmiller.

D'andre J. Cramer, 18, of Maple Street, Batavia, is charged with unauthorized use of a vehicle, petit larceny, and criminal possession of stolen property, 5th. Cramer was arrested in connection with a report of a vehicle theft reported Sept. 4 from a location on Columbia Avenue. There was also an alleged theft from the vehicle. He was jailed on $1,000 bail.

Jason Scott Hall, 28, of Rochester Road, Gasport, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hall was arrested by Deputy Howard Wilson following a DEC license check on Feeder Road, Alabama, at 11 a.m. on Friday.

Jake T. Flick, 23, of Oakfield, is charged with unlawful imprisonment, 2nd, harassment 2nd, and acting in a manner injurious to a child under age 17. Flick was arrested in connection with an incident reported at 2:54 a.m. Saturday by State Police. No further information released.

Janet L. Gatley, 48, of Niagara Falls Boulevard, North Tonawanda, is charged with falsifying business records, 1st, criminal possession of a controlled substance, 7th, petit larceny, and violation of public health. Gatley is accused of stealing numerous controlled substances from UMMC, where she was employed. The alleged thefts were investigated by Batavia PD and the State Attorney General's Office.

Jordan J. Schunk, 18, of Alexander Road, of Alexander, is charged with unlawful possession of marijuana. Schunk was allegedly found in possession of marijuana while in DeWitt Recreation Area after hours, at 8:58 p.m. Monday.

Jammie Lee Brown, 26, of Gates-Greece Townline Road, Rochester, is charged with harassment, 2nd. Brown is accused of grabbing and pushing another person while at a gas station on Route 19, Town of Le Roy, at 4:31 p.m. Thursday. Brown was jailed on $250 bail.

Kenneth Carl Niles, 26, of Route 88 North, Newark, is charged with petit larceny. Niles is accused of shoplifting from Walmart. Also charged, Scott James Gunkel, 38, of North Main Street, Newark.

Collin Wickings, 24, of Bergen, is charged with first-degree sex abuse. Wickings is accused of sexual contact with a child less than 11 years old. Wickings was arrested as a result of an investigation by State Police. No further information released. The investigation is pending.

Joseph B. James, 36, of Central Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

James is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions last month. 

Task Force members arrested James at the County Courts Facility while he was being sentenced in an unrelated case.

He was jailed without bail.

His arrest comes following an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

The District Attorney's Office assisted in the investigation.

The final defendant in a four-man team involved in a home invasion of a residence on Central Avenue in October 2016 entered a guilty plea to attempted burglary in the second degree in Court today with an agreement to serve five years in prison.

That's the sentence his compatriots received after their guilty pleas earlier this year.

Adante Davis will be sentenced at 1:45 p.m., Dec. 21.

Davis managed to evade capture for a year while Daniel Gilbert, Marquis Saddler and Oliver Thomas all agreed to guilty pleas and are now serving five-year prison terms.

The attack occurred at about 11 p.m. Oct. 28 last year. The four men entered the apartment and, according to witness statements obtained by The Batavian, several family members and a friend were at the residence when they heard a knock on the door. 

When one of the residents answered the door, four men rushed in and started hitting one of the men in the home. A resident chased them off with a baseball bat and then there was a confrontation in the street before all four men fled the scene.

Press release from the GC Sheriff's Office:

A 30-year-old Perry man is charged with DWI after a rollover accident early this morning on Route 63 near Fargo Road in Bethany.

Kenneth Wayne Wilson Jr., of Burke Hill Road, is also charged with: speed not reasonable and prudent; uninspected motor vehicle; moving from lane unsafely; and leaving the scene of a property damage accident.

The actual location of the single-vehicle accident was determined to be 5604 Ellicott Street Road (Route 63) and it occurred at 1:24 a.m.

Deputies responded and after an investigation they arrested Wilson.

It is alleged that he was driving while intoxicated. He was transported to Strong Memorial Hospital via ambulance. He was released on appearance tickets returnable to Bethany Town Court at 7 p.m. on Jan. 9.

The case was investigated by Deputy Travis DeMuth, assisted by Deputy Jeremy McClellan.

For previous coverage, click here.

Cory D. "Stacks" Jackson, 34, of Oriole Street, Rochester, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Jackson allegedly sold crack cocaine to an agent of the Genesee County Local Drug Task Force on two occasions in August in the City of Batavia. 

He was arrested on a sealed grand jury indictment during a traffic stop on Pearl Street yesterday. 

He was ordered held without bail.

Jackson was identified as a suspect during an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

Assisting in the investigation was Batavia PD, the Sheriff's Office, and the District Attorney's Office.

Lionel J. "Chicago" Anderson, 45, of Oak Street, Batavia, is charged with two counts of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance.

Anderson is accused of selling crack cocaine on two occasions in August to an agent of the Local Drug Task Force. 

Anderson was arrested at his residence last week. 

He was jailed without bail and held for further court proceedings.

Anderson's arrest comes as part of an investigation into the transportation, sale and possession of crack cocaine in and around the City of Batavia.

State Police, Batavia PD, and the District Attorney's Office assisted in the investigation.

John J. Caez-Gonzalez, 30, of Exchange Street, Geneva, is charged with first-degree criminal contempt, aggravated family offense, and second-degree burglary. Caez-Gonzalez allegedly had contact with several individuals he was ordered by court order not to contact at 7:44 p.m. Nov. 14 at a location on State Street. Caez-Gonzalez was also charged with second-degree criminal contempt stemming from an alleged incident reported at 12:02 p.m., Nov. 15.

Anna R. McCue, 30, of Norris Avenue, Batavia, is charged with DWI and moving from lane unsafely. McCue was reportedly involved in an accident at 6:28 p.m. Nov. 10 on Bank Street, Batavia. The accident was investigated by Officer Christopher Lindsay.

The theft of a cash box from Plaza Spirits in Eastown Plaza in Batavia last Thursday had a familiar ring to Kevin Rathod, owner of Mr. Wine and Liquor in the Tops Plaza, so he went back and reviewed his own surveillance video from a similar theft in his store this past August.

In that video, at least one of the suspects looks to be the same man suspected in photos from the Plaza Spirits heist.

According to Rathod, two men worked in tandem one afternoon in August to enable one of them to steal a casher's purse from a backroom. The thieves made off with $500 cash and a credit card. The credit card was used to run up $1,100 in charges, including purchases at another local liquor store.

Batavia PD confirmed the crime was reported in August and it's possible the larcenies are related.

At least one of the same men, using the same mode of operation, appears to have been involved in a theft from a liquor store in September in Rochester, according to this 13WHAM report. In that case, the accomplices allegedly made off with $10,000. 

The system these alleged thieves are using, Rathod said, is for one subject to distract an employee or employees while the other scouts for something to steal and then makes off with the item.

"I think local business owners should be aware of what's going on," Rathod said.

Below, video shared with The Batavian by Rathod. Note that we edited it to remove as much as possible views of an unrelated individual who walked into the store. The suspect who looks similar to the suspect in photos from Plaza Spirits is the man in the white T-shirt.