The larceny of a pumpkin was reported in the vicinity of East Main and Liberty streets in the City of Batavia. The complainant says there's a "known suspect" in the case and has contacted the dispatch center. A police officer will be following up on the lead.
A suspect in a home invasion burglary on Central Avenue who has been on the lam for a year will remain confined to jail without bail Judge Charles Zambito ruled this morning when Adante L. Davis was arraigned on felony counts of assault, 2nd, and burglary, 1st.
Attorney Marty Anderson, appointed to represent Davis, argued that Davis, in previous criminal cases, has a record of making appearance and should, therefore, have bail set at a reasonable amount.
Assistant District Attorney Robert Zickl disagreed.
"He's been gone for a year," Zickl said. "He fled knowing he was wanted in connection with a serious home invasion burglary and is facing a Class B violent felony and his co-defendents received significant prison terms."
Zickl added that Davis three failures to appear on his record and a prior probation violation and prior parole violation.
He said he considered Davis a significant risk to flee if released.
Zambito agreed.
Three other men -- Daniel Gilbert, Marquis Saddler, and Oliver Thomas -- have all previously entered guilty pleas to charges stemming from the October 2016 incident and are currently serving state prison terms.
The next scheduled court appearance for Davis is 1:45 p.m., Dec. 21.
Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.
Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.
Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.
Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.
Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.
Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.
A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.
Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI.
Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.
Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.
Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.
Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.
Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.
Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.
Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.
John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.
Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.
Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.
Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.
Police are searching areas west and north of UMMC for a man in a hospital gown and underwear who escaped custody while at UMMC.
The man is a suspect in an assault and was taken to UMMC for a mental health evaluation.
Search areas have included the area around Dwyer Stadium and behind the high school, North Side Apartments, Walden Estates and the general area.
The suspect is a male in his 30s.
If spotted, Emergency Dispatch can be reached at (585) 343-5000.
UPDATE 10:26 a.m.: The man remains at large and is not considered armed; he's wearing a hospital gown and boxer shorts. Police plan to charge him with third-degree assault, and other charges, stemming from a domestic incident in Elba last night. A State Police helicopter will soon be deployed -- an ETA of about 20 minutes -- and a DEC canine unit is on scene. The search area is Bank Street in the city, northwest between the Thruway and the high school. The command post is by Walden Estates apartment complex, where the suspect was last seen.
UPDATE 11:17 a.m.: The suspect has been spotted on State Street Road by the Thruway. He is only wearing blue underwear, having jettisoned the hospital gown.
UPDATE 11:20 a.m.: The suspect has been taken into custody in a field north of the Thruway.
The U.S. Marshals Service is asking for the public's assistance in locating a fugitive who is a suspect in the rape and murder of a 13-month-old girl.
The fugitive is traveling with an unknown male in a pickup truck with New York license plates, which has led them to suspect the two men may travel to or through Western New York.
The men were last seen Oct. 13, in Girard, Pa.
The suspect is Joshua Gurto. He is 37 years old, approximately 5'10" tall and 145 pounds. He may have a deformed right ear, misaligned jaw and tattoos on his right forearm.
A reward is offered for information that leads to his arrest.
He is wanted by the Conneaut Police Department in Northern Ohio
The two men are traveling in a dark gray Ford F-150.
Anyone with any information that can help identify the unknown male in the photos is asked to call 1-866-4WANTED.
Tips can also be sent via text message by typing keyword WANTED and tip to 84711 (tip411).
People providing tips can remain anonymous.
Linda L. Henry, 54, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry is accused of using abusive and obscene language in a public place with several people in the area. The incident was reported at 8:35 p.m. Saturday at Woodward Field on Union Avenue, Batavia.
Nicole R. Elmore, 29, of Jackson Street, Batavia, is charged with second-degree harassment. Elmore allegedly punched another person in the face and arms in an incident reported at 12:48 p.m. Wednesday at a residence on Chestnut Street, Batavia.
Leaha Raeanne Wimmer, 25, of Allen Street, Albion, is charged with criminal possession of stolen property, 4th. Wimmer is accused of possessing and using the debit card of another person without permission. The incident was reported at 5:12 p.m. Sept. 17 at a location on Prospect Avenue, Attica, and investigated by Investigator Chad Minuto, Genesee County Sheriff's Office.
Timothy John Beaudoin, 29, of Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, speeding, and driving left of pavement markings. Beaudoin was stopped at 1:30 a.m. Sunday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.
Randy J. Heslor, 24, of Cherry Street, Batavia, is charged with second-degree aggravated unlicensed operation and no seatbelt. Heslor was stopped at 3:30 p.m. Saturday on Jackson Street, Batavia, by Officer Christopher Lindsay.
Frank Mastrodonato, 33, of Rochester, is charged with unlawful possession of marijuana and speeding. Mastrodonato was stopped at 12:02 p.m. Monday on Route 33, Bergen, by State Police.
Tatiana C. Lugo, 22, no permanent address, Batavia, is charged with: second-degree harassment;third-degree robbery; endangering the welfare of a child; tampering with physical evidence; and criminal mischief, 4th. Lugo was allegedly involved in a fight with a male on Bank Street at 1:02 p.m. Sunday in the presence of two young children. During the course of the investigation by officers Kevin DeFelice and James Prusak, Lugo allegedly stole property from the victim. Lugo was ordered held without bail.
Patrick Ervin Say, 57, of Nesbitt Road, Attica, is charged with DWI, driving left of pavement markings, and failure to keep right. Say was allegedly involved in a single-car accident on Molasses Hill Road, Bethany, at 5:43 p.m. Sunday. The accident was investigated by Deputy Ryan Delong and Sgt. Jason Saile. (Initial Report)
Shane Lee Hoehn, 43, of Seven Springs Road, Batavia, is charged with DWI, driving with a BAC of .08 or higher, failure to notify DMV of address change, and driving over the divide on a divided highway. Hoehn was stopped at 2:16 a.m. Sunday on East Main Street, Batavia, by Deputy Eric Meyer.
Clifford W. Matthews, 43, of Batavia Stafford Townline Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, drinking alcohol in a motor vehicle, and leaving the scene of a property damage accident. Matthews was allegedly involved in an accident on Batavia Stafford Townline Road, Stafford, at 4:43 p.m. Friday. The accident was investigated by Deputy Jenna Ferrando and Sgt. Eric Seppala.
Shawn Micheal Koegl, 30, of Alleghany Road, Attica, is charged with: DWI; driver view obstructed; possession of an open container; failure to keep right; and uninspected motor vehicle. Koegle was arrested following an investigation by deputies Mathew Clor and Eric Meyer into an accident at 2:02 a.m. Saturday on Route 77, Darien.
Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with a curfew violation under the Batavia Municipal Code. McConnell was charged after her underage son was located in public after curfew. The youth was located at 12:59 a.m., Oct. 7, in the area of 20 Main St., Batavia, by Officer Peter Flanagan.
Michael J. Henry, 50, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry allegedly refused a lawful order by police to disperse at 10:45 p.m. Saturday while at Van Detta Stadium. Henry was arrested by officers Frank Klimjack and Stephen Cronmiller.
Joseph R. Paner, 37, of Cheekwood Drive, Cheektowaga, is charged with driving while ability impaired by drugs. Paner's vehicle was located after a complaint at 9:27 p.m. Saturday on Genesee Street, Pembroke, of a vehicle being operated erratically. Deputy Ryan DeLong initiated a traffic stop. Assisting in the investigation was Sgt. Thomas Sanfratello and Deputy Eric Meyer.
(name redacted upon request), 42, of Bethany, is charged with DWI. xxxx was stopped by State Police in the City of Batavia at 9 a.m. Friday. No further details released.
The Sheriff's Office has made an arrest in the stabbing of a man behind businesses on Veterans Memorial Drive, Batavia, on Friday night.
Jeffrey L. Barr, 18, no permanent address, was located by Batavia Police Officer Christopher Lindsay at State Street and Washington Avenue, Batavia, at 8:30 p.m. on Saturday.
Barr is charged with attempted murder in the second degree, a Class B felony. He was arraigned in Town of Batavia and jailed without bail.
Barr is accused of stabbing a man from Buffalo multiple times, including in the neck and chest, at 9:30 p.m., Friday, behind the mall at 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.
The victim stumbled to the parking lot of Batavia Downs where he was located by a good Samaritan who called 9-1-1. Deputies arrived on scene and provided first aid until Mercy medics arrived.
Barr was identified as the suspect early on and deputies and members of the Local Drug Task Force, working closely with Batavia PD, spent most of Saturday trying to locate him, based on tips that indicated he was in the Batavia area.
The name of the victim and his current medical condition has not been released.
The Sheriff's Office is investigating a stabbing that occurred about 9:30 p.m., Friday, behind a shopping mall on Veterans Memorial Drive.
A male victim was stabbed in the throat.
A good Samaritan found the victim in the parking lot of Batavia Downs and called for help. Deputies arrived on scene first and administered first aid until medics arrived.
The stabbing is believed to have occurred behind 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.
The victim was transported by Mercy EMS to ECMC for treatment of serious injuries.
The investigation is ongoing.
Deputies were assisted at the scene by Batavia PD, State Police, Mercy EMS, and security staff from Batavia Downs.
Lee Uzarowski, 50, of Main Street, Akron, is charged with DWI, no tail lamps, driving left on crest of grade or curve, and driving left of pavement markings. Uzarowski was stopped at 1:28 a.m. today on Hopkins Road, Pembroke, by Deputy Matthew Clor.
Lamar Lee Mobley, 23, of Warren Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Mobley was stopped at 10:17 a.m. Thursday on Lewiston Road, Batavia, by Deputy Howard Wilson.
Joseph Lee Henry, 31, of Chaddock Avenue, Hornell, is charged with felony DWI, aggravated unlicensed operation first, unlicensed operation of a motor vehicle, drinking alcohol in a motor vehicle, and moved from lane unsafely. Henry was stopped at 11:47 p.m., Tuesday, on Tinkham Road, Darien, by Deputy Eric Meyer. Henry was also cited for inadequate exhaust and illegal stickers. He was jailed without bail.
Thomas A. Culver Jr., 38, of Wood Street, Batavia, was arrested on a warrant for alleged failure to appear for his intermittent jail sentence for several weekends. He was jailed on $2,500 bail.
Roseann Cooper, 48, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear on a charge of second-degree aggravated unlicensed operation. Cooper posted $500 bail and was released.
Aisha I. Culver, 19, of Batavia, is charged with unlawful possession of marijuana. Culver was arrested in Le Roy by State Police. No further details released.
A Perry woman accused of recklessly causing serious physical injury to a male victim by means of a motor vehicle on Fargo Road, Stafford, in June 2016, entered a guilty plea in Genesee County Court today one count of attempted assault in the second degree.
Nicole Sullivan, 31, appeared in court today for an evidentiary hearing in advance of a criminal trial, but before the hearing agreed to the plea deal, which has no sentencing cap. Since she has no prior felonies, the Class E felony conviction carries of a possible prison sentence of one-and-a-half to four years, or one to three years with up to five years probation.
Sullivan was arrested 10 months after the June 10, 2016, accident in which she ran her car into a tree on Fargo Road with a disabled person as a passenger. She was also charged with endangering the welfare of an incompetent or physically disabled person.
While out of jail awaiting further legal proceedings Sullivan was arrested again and accused of taking part in a scheme to steal $700 in phone cases from Walmart.
Today's plea satisfies the charges from the 2016 crash and the theft from Walmart.
With her arrest, Sullivan's release status was revoked and she was ordered held on $5,000 bail or $10,000 bond. Judge Charles Zambito agreed to reduce her bond to $5,000, but not without a warning.
"I don't know if I'm going to sentence you to prison," Zambito said. "I have to read the pre-sentence report. If you make it out on bail and don't come back for your sentencing, you're going to get the maximum prison sentence."
Sullivan said she understood.
Jacob J. Camerera, 26, of Ross Street, Batavia, is charged with unlawful possession of marijuana and unlawfully growing cannabis. Camerera was arrested after police responded to a neighbor illegally burning garbage at 10:03 a.m., Sunday. While Officer Mark Lawrence and Sgt. Daniel Coffey were explaining the violation of the Batavia Municipal Code, they noticed marijuana plants growing on the roof of Camerera's residence. Camerera was issued an appearance ticket and released.
Guy J. Bontrager, 46, of Werner Road, Attica, is charged with trespass. Bontrager allegedly drove an ATV on leased property on Spring Road, Alexander, without permission at 5:48 p.m. Oct. 1 causing inconvenience to deer hunters in the area.
Woodrow C. Horseman, 41, of Porter Avenue, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Horseman allegedly pushed another person against a wall and then threw that person's phone in the road when the person tried to call the police. The incident was reported at 3:17 p.m., Thursday.
Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman was allegedly involved in a domestic incident at 9:50 a.m. Thursday on South Spruce Street, Batavia.
Sy Jesman T. Brown, 32, of Rochester, is charged with criminal impersonation. Brown was arrested by State Police following a traffic stop on the I-490 in Le Roy at 9:15 a.m., Sunday. Also arrested and charged with criminal impersonation, 31-year-old Natassia V. Travis, of Rochester. Karaya D. Cummings, 28, of Rochester, was charged with criminal possession of a controlled substance and aggravated unlicensed operation. All were ordered held on bail. No further details released.
Steven Ronald Obara, 24, of Litchfield, Depew, is charged with felony DWI, aggravated unlicensed operation, speeding, no seatbelt and expired vehicle inspection. Obara was stopped at 1:26 a.m. Sunday on Genesee Street, Pembroke, by Deputy Jeremy McClellan.
Joseph P. Radley, 44, of Route 33, Bergen, is charged with DWI, driving with a BAC of .18 or greater, speeding, and obstructed license plate. Radley was stopped at 11:59 p.m. Saturday on Route 33, Bergen, by Deputy Jenna Ferrando.
Clovis A. Phillips, 53, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration, unregistered vehicle, and aggravated unlicensed operation, 2nd. Phillips was stopped at 10:59 p.m. Thursday on West Main Street, Batavia, by Officer Kevin DeFelice.
Samantha Michelle Cook, 24, of Armand Drive, Hilton, is charged with unlawful use of a vehicle, 3rd. Cook is accused of using another person's vehicle without permission.
Phillip P. Heale, 39, of Linwood Avenue, Batavia, is charged with endangering the welfare of a child. Heale was allegedly involved in a domestic dispute where a child under age 17 was present.
David R. Morgan, 48, of Bethany, is charged with unauthorized use of a vehicle. Morgan was arrested by State Police in connection with an incident reported July 5. No further information released.
Leaha R. Wimmer, 24, of Albion, is charged with grand larceny, 4th. The alleged crime was reported at 5:14 p.m. Sept. 19 in Darien. Wimmer was arrested Friday by State Police and ordered held on bail. No further information released.
A 37-year-old Dellinger Avenue resident is 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.
Brandi M. Smith is accused of using the cards and checks to obtain goods while portraying herself as the victim.
She is charged with four counts identify theft 1st, four counts of forgery, three counts of identify theft 2nd, three counts of criminal possession of stolen property 4th, and one count of grand larceny 4th.
Smith was arraigned in City Court and released under supervision of Genesee Justice.
Tyshawn K. King (AKA "Bullet," AKA "Jodeci" or "Jodecee") is indicted for the crime of second-degree attempted murder, a Class B violent felony. It is alleged that on Sept. 20 in the area of Thorpe Street, near Maple Street, in the City of Batavia, that King -- with intent to commit second-degree murder, specifically with intent to cause the death of another person -- engaged in conduct "which tended to effect the commission of such crime" by shooting the intended murder victim with a gun. In count two, the defendant is accused of the crime of first-degree assault, also a Class B violent felony. It is alleged in count two that with intent to cause serious physical injury to another person, King caused such injury by means of a deadly weapon or dangerous instrument, a gun. In count three, King is accused of the crime of criminal use of a firearm in the first degree, another Class B felony, for allegedly commiting a violent felony offense and possessing a deadly weapon, in this case a loaded gun, and/or displaying what appeared to be a pistol, revolver or other firearm.
Marie L. Gardner and Jason A. Shaffer are indicted by the Grand Jury of Genesee County. In count one, Gardner is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that between Jan. 28 and 29 Gardner entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In so doing, at some point she or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count two, Shaffer is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged in count two, that between Jan. 28 and 29, he entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In count three, Gardner is accused of the crime of second-degree burglary, a Class C violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In count four, Shaffer is accused of first-degree burglary, a Class B violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In so doing, at some point he or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count five, Shaffer is accused of the crime of second-degree strangulation, a Class D felony. It is alleged in count five, that at the same time and place, he acted with intent to impede the normal breathing or circulation of blood of another person by applying pressure on the throat or neck of the victim, thereby causing stupor, loss of consciousness and/or other physical injury or impairment. In count six, Shaffer is accused of the crime of third-degree attempted assault, a Class B misdemeanor, for intentionally attempting to cause injury to a person. In count eight, Gardner is accused of the crime of third-degree menacing, a Class B misdemeanor. It is alleged in count eight that Gardner used physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so. In count nine, Shaffer is likewise accused of third-degree menacing for allegedly using physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so.
Jacob J. Russell 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 March 31 in the Town of Byron that Russell knowingly and unlawfully possessed a controlled substance -- lysergic acid diethylamide -- more commonly known as the hallucinogen LSD, with intent to sell it. In count two, the defendant is accused of the same crime on the same day for allegedly knowingly and unlawfully possessing another controlled substance with intent to sell it, psilocybin mushrooms (sometimes called 'shrooms, or "magic mushrooms"), also a hallucinogen. In count three, he is accused of the same crime as in count two, but on a different day, April 7. In counts four and five, the defendant is indicted for the crime of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing "a firearm, electonic dart gun, electronic stun gun, gravity knife, pilum ballistic knife (which has a detachable blade that can be ejected to a distance of several yards by pressing a trigger or operating a lever or switch), metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chukka stick, sand bag, sand club, wrist-brace type sling or slingshot, shirken or "kung fu star," to wit, respectively: a gravity knife and a switchblade knife. In counts seven, eight and nine, he is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing a controlled substance, psilocybin mushrooms, on March 31, and on two occasions April 7. In count 10, he is accused of another count of criminal possession of a controlled substance in the seventh degree, but this time it's for LSD. In counts 11, 12, 13 the defendant is accused of unlawful possession of marijuana ("contrary to Penal Law Section 221.05") for allegedly knowingly and unlawfully possessing marijuana on March 31 and twice on April 7, respectively, in the Town of Byron. In count 14, Russell is indicted for the crime of growing, by unlicensed persons, the plant known as cannabis (marijuana), which is a Class A misdemeanor. It is alleged in count 14, that on April 7 in the Town of Byron that Russell grew the plant of the genus Cannabis, or knowingly allowed it to grow on his land without destroying it; he allegedly grew it in his residence.
Randy K. Wilmet is accused by the Grand Jury of the offense of third-degree assault, based on Prosecutor's Information (#2017-01), which is a Class A misdemeanor. It is alleged that on July 21 in the City of Batavia that Wilmet intended to cause physical injury to another person and did so. In count two of the indictment, again based on Prosecutor's Information, Wilmet is accused of third-degree menacing, a Class B misdemeanor. It is alleged in count two that Wilmet on the same day, by means of physical menace, intentionally placed another person in fear of death, imminent serious physical injury or physical injury, or attempted to do so. On Sept. 29, Genesee County Court Judge Charles N. Zambito approved an order authorizing the filing of the Prosecutor's Information charging the defendant with the offenses, which were subsequently filed with City of Batavia Court.
Meghan K. Gould is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged on between Oct. 5 and Oct. 19, 2016, that she stole U.S. currency in excess of $1,000.
Matthew H. Delosh is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in the indictment that on May 8 in the City of Batavia that Delosh drove a 2003 Saturn on Evans Street, Ellicott Street and South Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities and that at the time he was under the influence of alcohol or a drug. In count two, he is accused of the crime of driving while intoxicated, as a misdemeanor, on the same day and in the same places. In Special Information, the District Attorney accuses the defendant of having been convicted of driving while ability impaired by alcohol on April 19, 2012 in the Town of Salina Court, County of Onondaga, and that conviction forms the basis for the suspension or revocation referred to in count one of the indictment. Furthermore, the DA accuses Delosh of knowing, or having reason to know, that the prior conviction existed and that his driving privilege was therefore suspended or revoked because of that prior conviction.
John P. Daley is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged in the indictment that on May 21 in the Town of Alabama, Daley drove a 1998 Honda on Route 77 while in an intoxicated condition. In Special Information filed with the indictment, District Attorney Lawrence Friedman accused Daley of having been convicted of the crime of aggravated driving while intoxicated, per se, as a Class D felony. The DA accuses Daley of being so convicted on June 19, 2008 in Erie County Court, and the conviction was within 10 years of the crimes alleged in this indictment.
A 27-year-old Batavia man who shot and tried to kill another local resident got the prison term he bargained for when Judge Charles Zambito sent him to state prison for 15 years today.
Jeremy R. "Boog" Armstrong entered a guilty plea in August to attempted murder and a drug-dealing charge of criminal possession of a controlled substance. The two charges stemmed from separate crimes.
District Attorney Lawerence Friedman said through the process of arresting Armstrong and obtaining a conviction, it never came out why Armstrong tried to kill another man Dec. 2 while on Jackson Street in the City.
"Motive is not an element of the crime," Friedman said. "It wasn’t something we would have known if we tried the case, nor did we need to know."
If he hadn't accepted the plea deal in August, a conviction at trial could have resulted in a 37-year prison term.
The sentence also includes nine years on the drug-dealing conviction.
The sentence was in line with the terms of the plea deal.
District Attorney Lawrence Friedman thought for sure he was going to have to retry the local case against convicted child molester Sean Vickers after an appeals court overturned four of his jury trial convictions from 2014.
Vickers was back in Genesee County Court today. He was originally scheduled for a hearing on who his trial attorney would be and to clarify whether Vickers would testify before a grand jury presentment on the evidence against him this coming Tuesday.
Instead, Vickers surprised Friedman by agreeing to a plea deal that would cap his potential prison term on the charges to 40 years.
In 2014, Judge Robert C. Noonan handed down a 107-year sentence after Vickers was convicted at trial on similar charges.
The plea deal Vickers accepted today is the same one he turned down before that trial.
Since then, he's been convicted of one count in Genesee County that carried a seven-year prison sentence and of sexual abuse charges in Niagara County that resulted in a 20-year sentence.
This afternoon, Vickers was arraigned on four counts of course of sexual conduct in the first degree. He entered a guilty to plea to two counts in satisfaction of all four charges.
The four charges covered acts against two different victims, and the two counts admitted to were for sexual acts against a child under age 13 in 2001 through 2002 in the City of Batavia.
If the case had been presented to a grand jury, Friedman would have asked the grand jury to return an indictment that included two counts of predatory sexual assault against a child in the first degree, a Class A2 felony, which would have carried a mandatory sentence of 15 to life or 25 to life.
The plea deal means the victims won't have to testify in a second Genesee County trial and the 48-year-old Vickers won't likely get out of prison before the start of the second half of the century.
Marlek Holmes
A sexual predator already serving 15 years in prison for his crimes against children is looking at possibly serving another seven years for assaulting fellow inmates in the Genesee County Jail and damaging jail property.
It took a jury three hours of deliberation after a three-day trial to find Marlek Holmes guilty on two counts of assault in the second degree and criminal mischief.
The potential sentence for Holmes:
State sentencing guidelines require the combined sentence for the assault charged be served consecutively to his current 15-year sentence unless the court finds it would be "in the interest of justice" to make the sentence concurrent to the 15-year sentence. The criminal mischief sentence can be either concurrent or consecutive.
Holmes will be sentenced Jan. 2 at 9:30 a.m.
He's scheduled for a third trial on two pending Class D felony charges for allegedly violating the terms of his status as a registered sexual offender. For those charges he would not be considered a second felony offender because they are crimes under Corrections Law, not Penal Law.
Therefore, if convicted in the third trial, he would face an indeterminate sentence of at least one-and-a-third to four years, and as much as two-and-a-third to seven years on each count. Under NYS law, the sentences may run consecutively or concurrently to his other sentences.
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