crime

Adam J. Gill, 29, of East Main Street, Batavia, is charged with DWI, two counts of burglary, and menacing, 2nd. At 1:31 a.m. Tuesday, Gill allegedly entered a residence in the Village of Elba and displayed a knife. After a brief struggle with the occupants, the intruder was disarmed and he left the residence without further incident. Gill was known to the residents. They did not sustain any injuries. Gill was located on Oak Street in Batavia and charged with DWI. He was jailed on $50,000 bail, $10,000 bond.

Lamar Iteef Randall, 32, of Walnut Place, Batavia, is charged with aggravated unlicensed operation, 1st, obstructed license plate, and unlawful possession of marijuana. Randall was stopped at 4:35 p.m. Monday on Veterans Memorial Drive by Sgt. Ron Welker.

Shaun Michael Brennan, 23, of Brookedge Drive, of Hamlin, is charged with DWI, refusal to breath test, and speeding. Brennan was stopped at 7:18 p.m. Monday on North Lake Road, Bergen, by Deputy Ryan DeLong.

Jeremy John Schraufstetter, 40, of Leroy Street, Cheektowaga, is charged with felony DWI and felony driving with a BAC of .08 or greater. Schraufstetter was stopped at 1:43 a.m. Oct. 28 on Route 20, Darien, by Investigator Chris Parker.

David S. Rigoni, 38, of Pavilion, is charged with operator impaired by drugs and moving from lane unsafely. Rigoni was stopped by State Police at 3:41 p.m. Tuesday in Le Roy.

Two vehicles had windows smashed in at a parking lot off School Street in Downtown Batavia. City police are on scene investigating.

UPDATE 9:18 p.m.: Vandals smashed in windows on two vehicles off School Street and another two vehicles off Liberty Street. A total of three purses were stolen in the crime spree.

Paul Robert Hoffman, 43, of South Knowlesville Road, Alabama, is charged with assault, 2nd, strangulation, 2nd, and unlawful imprisonment. Hoffman allegedly struck another person with a hammer during a fight at a location on Knowlesville Road, Alabama, at 8:30 p.m. Friday. He then reportedly choked the person to the point of unconsciousness and prevented the person from leaving. Following the incident, Hoffman allegedly called 9-1-1 requesting assistance for medical attention due to an unknown medical condition. An investigation led to the charges against Hoffman. He was jailed on $75,000 bail. The victim was treated at an area hospital for injuries sustained during the incident and released.

Frank H. McEwan, 18, of Batavia, is charged with driving while ability impaired by drugs, failure to obey a police officer, unsafe turn, unlicensed operation, drinking alcohol in a motor vehicle, depositing refuse on a public highway, obstructing governmental administration, and criminal nuisance. Cramer J. D'Andre, 18, of Batavia, is charged with unlawful possession of marijuana and open container. McEwan was stopped at 1 a.m. Oct. 21 on Keeney Road, Warsaw, by State Police for an alleged traffic violation. Troopers alleged that McEwan did not have a driver's license and was violating conditions of his parole. D'Andre was a passenger in the vehicle.

Sarah Ann Malone, 35, of Ellicott Street Road, Batavia, is charged with DWI and leaving the scene of a property damage accident. Malone is accused of driving on Verona Avenue, Batavia, at 6:04 a.m. Sunday while intoxicated. She was arrested by Arick Perkins.

Dwayne L. Sheffield, 24, of Thorpe Street, Batavia, is charged with criminal mischief, 3rd. Sheffield allegedly did more than $250 damage to property during a fight at 11:10 p.m. Tuesday. He was jailed without bail.

Randy G. Leach, 31, of Torrey Road, Stafford, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. Leach was stopped for an alleged traffic violation at 9:13 p.m. Oct. 31 on East Avenue, Batavia, by Officer Mitchell Cowen.

Jeffrey D. Anderson, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child. Anderson is accused of failing to provide adequate supervision of a child.

John J. Caez-Gonzalez, 30, of Cunningham Street, Rochester, is charged with criminal trespass. Caez-Gonzalez allegedly entered a dwelling on State Street without permission and after being advised to stay away. He was jailed on $2,500 bail.

Minnie Marie Henry, 29, no permanent address, is charged with criminal possession of a controlled substance, 7th. At 4:51 p.m., Oct. 29, police were flagged down to investigate a disturbance on State Street involving multiple individuals. During the course of the investigation, Henry was allegedly found in possession of narcotics. She was issued an appearance ticket and turned over to State Police on unrelated charges.

Jared M. Adamski, 21, of Krieger Road, Webster, is charged with criminal mischief. Adamski allegedly damaged the property of another person at a location on Bank Street, Batavia, at 6 p.m. Oct. 28. He was jailed on $1,000 bail.

Julia A. Calzaretta, of Eustis, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Calzaretta was stopped by State Police at 7:57 p.m. Friday on West Main Street Road, Batavia.

Stephen J. Tomidy, 58, of Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Tomidy was stopped at 11:49 p.m. Tuesday by State Police on Route 33, Stafford.

Jeffrey L. Barr is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Oct. 13 while at 4140 Veterans Memorial Drive in the Town of Batavia that Barr intended to commit the crime of second-degree murder. Specifically, he allegedly intended to cause the death of another person by stabbing the intended murder victim multiple times with a knife. In count two, Barr is accused of first-degree assault, another Class B violent felony. It is alleged in count two that Barr intended to cause serious physical injury to another person and caused such injury by means of a deadly weapon or dangerous instrument -- a knife.

Daniel L. Green is indicted for the crime of unlawful surveillance in the second degree, a Class E felony. It is alleged that on April 25 in the Town of Le Roy that Green -- for his own sexual arousal or gratification -- did intentionally use or install an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of a person at a time when she had a reasonable expectation of privacy. He allegedly did so without the person's knowlege or consent.

Kevin L. White 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 May 31 in the City of Batavia that White unlawfully possessed a narcotic drug with intent to sell it. In count two, he is accused of the crime of escape in the third degree, a Class A misdemeanor, for allegedly escaping from custody on May 31 in the city.

Marcos Cacho-Velaz is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Sept. 23 in the Town of Alexander that Cacho-Velaz drove a 2006 Chrysler north on Route 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 23, the defendant knew or had reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities and he was allegedly driving under the influence for alcohol or a drug at the time. In count three, he is accused of refusing to submit to a breath test requested by Sheriff's Sgt. Jason Saile. In count four, he is accused of failure to dim headlights. He allegedly failed to dim his headlights when a vehicle with headlamps was approaching ahead from within 500 feet, so that dazzling light interfered with the driver of the approaching vehicle when no exception to dim the lights was applicable. In count five, Cacho-Velaz is accused of consuming or possessing alcohol in a motor vehicle.

Phillip R. Chin 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 Oct. 5 in the City of Batavia that Chin knowingly and unlawfully possessed a narcotic drug with intent to sell it.

In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of a half ounce or more.

In count three, the defendant is accused of criminally possessing drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that Chin knowingly possessed or sold gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs or stimulants. Furthermore, it was allegedly known that these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count four, the defendant is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that Chin knowingly possessed scales or balances used or designed for the purpose of weighing or measuring controlled substances and these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count five, Chin is accused of second-degree forgery, a Class D felony. It is alleged in count five, that on Oct. 5 in the Town of Batavia, that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a two-page written statement given to an investigator with the New York State Police in the name of another person.

In count six, Chin is accused of second-degree forgery, also a Class D felony. It is alleged in count six that on Oct. 5 in the City of Batavia that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a Genesee County Jail booking card.

In counts seven through 17, Chin is accused of second-degree forgery, all Class D felonies, for his allegedly fraudulent completion of various Genesee County Jail paperwork.

In count 18, he is accused of offering a false instrument for filing in the first degree, a Class E felony, for providing a two-page written statement to an investigator with the New York State Police which contained false information.

In counts 19 through 30, this man is accused of offering false instruments for filing in the first degree, more Class E felonies, for putting false information in all of the allegedly forged paperwork.

(If you're counting, that's two misdemeanors and 28 felonies.)

Police have finally been able to interview the man who had some sort of liquid sprayed or splashed on him the night of Oct. 24 in a parking lot off East Main Street by three youngsters on bicycles, said Det. Eric Hill.

The man was not injured.

Hill said police still don't know what the liquid was. The initial dispatch said the victim had gasoline sprayed on him, but Hill said the officers who responded reported no odor of gas or any other substance.

Police would still like to talk with the youths, Hill said, and are trying to locate them.

Previously: Police investigating report of man sprayed with fluid in Downtown parking lot a week ago

Given the expense of buying and training police K9s, you wouldn't expect a small village like Corfu to have a K9 officer, let alone a handler with two dogs. In fact, just a couple of years ago, Corfu residents wondered if they would even keep their police force.

But a loss for one village is a gain for another.

Officer Anthony Bartucca, with 27 years experience in law enforcement and K9s "Rocco" and "King" by his side, became available to Corfu after the Village of Lyons dissolved and shut down its police department.

"We're very blessed that this situation came up," said Mayor Biggs Johnson. "It’s not a situation where we had to go out and purchase a K-9 or pay for the training. He’s already got certifications. We just have to maintain the training."

Rocco is an advanced drug-detection dog who can also perform tracking and trailing duties. King sniffs out explosives and weapons.

"Rocco will sniff out all drugs known to man, including pharmaceutical drugs, which you know is now more prevalent than street drugs," Bartucca said.

The K9 team joined the 14-officer police force five weeks ago; all are part time.

Rocco, 6 1/2 years old, is a Belgian Malinois and German shepard mix, and 2-year-old King is purebred German shepard.

Johnson thinks the team will have a region-wide impact, given Corfu's nexus at major traffic arteries -- Route 77 and Route 33. Johnson said he's concerned both about drugs and human trafficking passing through the area.

"I know we’re a small village, but because of where we are, where we’re located in close proximity to the Thruway, I think we can do quite a bit to help curb a lot of that activity," Johnson said.

Rocco was a big hit at Corfu's Halloween party last night. He was super friendly, eager to meet every person that came his way.

"He’s a big lovey until I tell him not to be," Bartucca said.

The Village of Corfu PD has a new motto: "Serving with Honor, Integrity & Pride; Protecting with Courage." Officer Cameron Leight on the left.

A week ago, a man walking to his car in a parking lot off of East Main Street, was either splashed or sprayed with some sort of fluid by three youths riding BMX-style bicycles.

Police are investigating but have little information to share at this time.

Police were dispatched to the parking lot the night of Oct. 24 to investigate a report that a man had been sprayed with gasoline.

At Monday night's City Council meeting, during public comments, Bill Blackshear, while talking about the city's need to address some youthful misbehavior and find ways to bring the community together, referenced the incident and said the victim suffered second-degree burns.

Det. Eric Hill, Batavia PD, couldn't confirm whether the man was injured or what sort of fluid might have been involved.

"We are having difficulties getting in touch with the victim," Hill said. "That is the information we are trying to find out also."

There is another video obtained by The Batavian related to the incident that shows the youths involved more clearly so its possible the police could have identified them, but Hill said he wouldn't discuss that aspect of the case since it is an ongoing investigation (the youths appear to be under 16 years of age, so since this case is likely to be referred to Family Court if there are charges, and since there have been no charges, The Batavian has chosen not to publish that video clip at this time).

Anybody with information that may assist in the investigation may call Batavia PD at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Batavia resident Laurie J. Lerkins (inset photo), jailed on drug charges, was in Genesee County Court for a bail hearing this afternoon.

The 40-year-old, who lives on Harvester Avenue, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. She is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

The District Attorney's Office sought bail of $25,000 to $50,000. Assistant DA Kevin Finnell told Judge Charles Zambito that Lerkins was "a significant flight risk."

The prosecution reminded the court that she was accused of the same charge of selling drugs 14 years ago. Finnell noted that the defendant scored only one point on her evaluation by the supervisory agency Genesee Justice, which the judge considers in making bail decisions.

Public defender Lisa M. Kroemer said her client would not be able to post bail and has only two relatives here, a brother Lerkin chooses not to communicate with, and a son.

Finnell argued that her ability to post bail was not relevant, nor was the fact that she has a small family.

The defendant's attorney relayed her client's vehement claim that she has always complied with court requirements and has always made mandatory court appearances and plans to continue doing so.

After a brief private discussion with attorneys for both sides, Zambito set Lerkins bail at $5,000 cash amd $10,000 bond.

The judge noted that Lerkins was not in a treatment program for substance abuse, which was a reason she did not score higher in the Genesee Justice report. Lerkin's attorney said her client has expressed a willingness to undergo treatment.

A 33-year-old man from Hilton accused of illegally possessing a semiautomatic .223-caliber rifle and large capacity magazine in violation of New York State law while in Byron in March entered a guilty plea this morning to a single felony count of criminal possession of a weapon, 3rd.

Under terms of the plea deal, if Charles S. Ganoung IV, avoids criminal legal trouble for the next year while on probation, his plea can be reduced to a misdemeanor, criminal possession of a weapon, 4th.

He would then serve two more years on probation.

Deputies arrested Ganoung March 25 while in the course of an unrelated investigation when Ganoung was found with rifle, which deputies said was unregistered and equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. 

The Army veteran admitted to the second count of the indictment, the one dealing with the large capacity magazine, in Genesee County Court this morning but made no other statements.

Sentencing is scheduled for Jan. 24.

Laurie J. Lerkins, 40, of Harvester Avenue, of Batavia, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. 

With the help of Batavia PD, she was located on Harvester Avenue and taken into custody.

She was jailed on charges of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

Deborah R. Blatt, 56, of East Main Street, Batavia, is charged with harassment, 2nd, and criminal trespass, 3rd. After refusing medical treatment in the emergency room of UMMC, Blatt allegedly sat down in the waiting area and refused to leave after being told by hospital staff to leave. Blatt allegedly pushed a responding officer.

Brian L. Erickson, 52, of Cherry Street, Batavia, is charged with harassment, 2nd. Erickson allegedly pushed another person during an incident reported at 5:32 p.m. Tuesday at a location on Ross Street.

Robin L. Walsh, 50, of West Main Street, Batavia, is charged with petit larceny. Walsh allegedly concealed several items in her purse at Tops Market and walked out of the store without paying for them.

Trisha R. Santora, 35, Naramore Drive, Batavia, is charged with DWI, driving with a BAC of .08, refusal to take breath test, aggravated unlicensed operation, 1st, driving a motor vehicle while on a mobile device. Santora was stopped at 9 p.m. Oct. 19 on Main Street, Batavia, by Officer Matthew Wojtaszczyk.

David L. Andrews, 29, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and suspended registration. Andrews was stopped at 3:17 p.m. Sunday on Jefferson Square, Batavia, by Officer Christopher Lindsay.

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.

Ronald J. Barber is indicted for the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on May 17 at a location of West Main Street Road in the Town of Le Roy that he intentionally damaged the property of another person and had no right to do so. Barber is accused of breaking tail lamps on several vehicles owned by a company in an amount exceeding $250.

A man suspected of the murder and rape of a toddler, whom authorities thought might head to Western New York, was arrested early this morning in Franklin Park, Pa., according to the Pittsburgh Post-Gazette.

Yesterday, State Police and Sheriff's deputies conducted a search of an area along the north side of the Thruway in Batavia after callers reported seeing a man who matched the description of the suspect, 37-year-old Joshua Gurto. Two K-9s were unable to detect fresh human scent anywhere in the area and the search was called off after about an hour.

Franklin Park is a three-hour, 37-minute drive from Batavia.

It's unknown at this point, of course, if Gurto ever was in Batavia.

(Police mug shot of Joshua Gurto.)

State trooopers and Sheriff's deputies, and a canine unit from each agency, are scouring the area around exit 48 on the Thruway for a man a caller described as looking somewhat like the suspect wanted in Ohio for raping and murdering a 13-month-old girl on Oct. 7.

They have been on scene around the Batavia exit for about an hour.

The man is said to be bearded and wearing a hoodie and he's on foot, having been spotted north of the exit 48 overpass, then crossing where there's a strip of concrete median and heading west.

It's unknown if he is actually the suspect, who is Joshua Gurto, a 37-year-old from Conneaut, Ohio.

UPDATE 2:48 p.m.: BOCES was put on lockdown during the manhunt, but that has now been lifted. The search is expected to terminate soon.

UPDATE 2:50 p.m.: Gurto is described as a 5-foot-10, 145-pound male with a deformed right ear, misaligned jaw and tattoos on his right forearm. The person spotted earlier this afternoon in Batavia so far has not been located.

UPDATE 3:03 p.m.: Law enforcement is preparing to leave. The pedestrian was not found.

Jimpce Jay Etienne, 41, of Warren Street, Batavia, is charged with harassment, 2nd. Etienne allegedly repeatedly punched another person in the face during an incident reported at 12:30 a.m. Sunday at a location on Warren Street. He was jailed on $950 bail.

Giancarlo A. Miranda, 19, of Clipknock Road, Stafford, is charged with criminal possession of a weapon, 3rd. Miranda was allegedly found in possession of a switchblade knife while at County Building #1 at 4:07 p.m. on Tuesday.

Michelle L. Misiak, 52, of Fisher Park, Batavia, is charged with petit larceny. Misiak is accused of stealing an alcoholic beverage from Southside Deli at 11:46 a.m. Saturday.

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, was arrested on a warrant. Beardsley was wanted on a warrant out of Batavia City Court.

William A. Andrews III, 38, of State Street, Batavia, was arrested on a warrant. Andrews allegedly failed to comply with court-ordered programs. He was jailed on $2,500 bail.

The attorney for a defendant accused of assault in the first degree stemming from a stabbing on East Main Street, Batavia, in July, has requested three hearings to challenge some of the evidence against his client prior to any jury trial.

JW Hardy III, 30, of 216 Liberty St., Batavia, is charged with assault in the first degree and gang assault, 1st.

Attorney Marty Anderson is seeking a Huntley hearing, a Wade hearing, and a Mapp hearing.

A Huntley hearing is pretty common in criminal cases that might go to trial. It's a chance for the defense to determine if statements made by defendants while in custody are admissible at trial.

Wade and Mapp hearings are far less common.

A Wade hearing is used to determine if a suspect identification by a witness, such as through a photo line up, as used in this case, was handled according to correct procedure.

At a Mapp hearing, the defense challenges evidence gathered during the investigation to ensure the defendant's Fourth Amendment rights were not violated, that investigators had sufficient probable cause to proceed.

District Attorney Lawrence Friedman asked that the Wade hearing be delayed until a day before the trial date in order to protect the witness from threats or intimidation. 

The suspect, Hardy, nor his co-defendant, Anthony Spencer Jr., 26, of Columbia Avenue, Batavia, know the identity of the witness at this stage of proceedings.

Hardy and Spencer are both accused of assault, 1st, and gang assault for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.

Officer Arick Perkins is credited with saving the victim's life.

Judge Charles Zambito reserved judgment on when to hold the Wade hearing. The other hearings are scheduled for 2:30 p.m., Nov. 22.

Hardy is out of jail pending further court proceedings.

Frank D. Fulton, 61, of Rochester, is charged with aggravated unlicensed operation, driving without insurance, unregistered motor vehicle, uninspected vehicle, driver's view obstructed and unlicensed driver. Fulton was stopped at 11 a.m. Tuesday on Route 77, Pembroke, by Deputy Lonnie Nati. He was found to be driving despite an alleged 27 active suspensions on his license. He was jailed on $500 bail or $2,000 bond.​

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, is charged with promoting prison contraband 1st, criminal possession of controlled substance, 7th, and controlled substance not in original container. Beardsley is accused of bringing a narcotic drug into a secure area of the Genesee County Jail at 7:30 p.m. Tuesday. He is being held on bail.

Brandi Marie Smith, 37, of North Bennett Heights, Batavia, is charged with criminal possession of a forged instrument, 2nd. Smith is accused of using two stolen checks at Walmart. The checks were reportedly stolen from a victim in the City of Batavia. (Previously: Woman facing 15 charges after allegedly breaking into car, stealing purse.)

A 15-year-old resident of Darien is charged with petit larceny. The youth was arrested by State Police for an alleged incident reported at 5:12 p.m. Tuesday in Pembroke. No further information released.