crime

The conviction and 20-year prison term for Akeem Simmons, the then 23-year-old man who, with a partner, burglarized a home on Park Avenue, Batavia, in January 2014 will stand an appeals court has ruled.

An attorney for Simmons appealed both the conviction on a claim of an undisclosed deal with a witness and the sentence as too harsh.

The Appellate Division, Fourth Judicial Department, ruled against both motions.

Simmons and Nathaniel Davis burglarized the occupied home and Simmons was accused of carrying a gun during the commission of the crime. Davis testified against Simmons and after his testimony, Davis was sentenced to five years in prison after pleading guilty to burglary.

At trial, Attorney Thomas Burns, representing Simmons, argued that it seemed clear to him that there was an undisclosed deal between Davis and the District Attorney's Office.

At trial Davis, under oath, denied there was any deal in exchange for his testimony. District Attorney Lawrence Friedman said no deal was made in order to get Davis to testify.

A request by Burns for a separate hearing was denied by Judge Robert C. Noonan.

The appellate judges found there was no evidence to support the claim of an undisclosed deal.

The judges also ruled that because of the prior criminal record of Simmons, which included two prior burglary convictions, the 20-year prison sentence was neither harsh nor severe.

A Batavia man is facing Federal charges for allegedly viewing child pornography while using a computer in the Richmond Memorial Library in Batavia.

Robert Roy Richmond is being charged under a Federal statute that prohibits viewing child pornography that has been transmitted across state lines.

According to an affidavit filed in U.S. District Court, FBI agent Jennifer Amo opened the investigation after the bureau was notified by Batavia PD in January of an investigation into a computer being used to view child pornography at the library.

The case started when a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

Library employees told Amo that Richmond came to the library every morning and used a computer.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

Another library employee told Amo that Richmond may have been coming into the library since 2014 to view adult pornography and had been confronted four or five times by the employee about it.

Upon questioning, Richmond allegedly admitted he's been viewing child pornography since 2009.

The FBI conducted a forensic examination of the computer and the affidavit contains a description of two the images allegedly found on the hard drive. Both are sexually explicit, of girls who are about 6 or 7 years old.

No information has been released yet on the status of the pending legal case.

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

(name redacted upon request), 32, of Thomas Avenue, Batavia, is charged with petit larceny and criminal possession of a controlled substance, 7th. xxxx is accused of stealing medication from a residence on Old Meadow Lane in Batavia.

Jeremy Aaron McCormick, 23, of East Avenue, Attica, is charged with unlawful possession of marijuana and speeding. McCormick was stopped at 6:56 a.m. Tuesday on Route 20, Darien, by Sheriff's Deputy Eric Meyer. McCormick was allegedly found in possession of marijuana and drug paraphernalia.

A contractor from Darien will pay a portion of a $3 million settlement with the Federal government for his alleged part in a scheme to obtain construction contracts under the false pretense that an affiliate company was owned by a disabled veteran.

John Zoladz, owner of Zoladz Construction, along with David Lyons, of Grand Island, in conjunction with Zoladz Construction and Alliance Contracting, were accused in a lawsuit of setting up a company called Arsenal Contracting with a figurehead disabled veteran in order to obtain service-disabled veteran-owned (SDVO) status.

This was a civil suit filed under the False Claims Act.

“Contracts are set aside for service-disabled-veteran-owned small businesses so to afford veterans with service-connected disabilities the opportunity to participate in federal contracting and gain valuable experience to help them compete for future economic opportunities,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Every time an ineligible contractor knowingly pursues and obtains such set-aside contracts, they are cheating American taxpayers at the expense of service-disabled veterans.”

To qualify as a SDVO small business, a service-disabled veteran must own and control the company. Arsenal purported to be a legitimate SDVO small business but it was, in fact, managed and controlled by Zoladz and Lyons, neither of whom is a service-disabled veteran. 

“Detecting and discontinuing fraud, waste, and abuse committed by those who do business with the government remains a core function performed by this Office,” said Acting U.S. Attorney Kennedy. “That function, however, takes on additional significance when the target of the fraud is a program designed for the benefit of the heroes among us—our disabled veterans.

"Although this investigation did not uncover sufficient evidence to establish criminal liability by these entities and individuals, the multimillion-dollar civil judgment ensures that those involved pay a heavy price for their decision to divert to themselves resources intended for the benefit of those who have made supreme sacrifices on behalf of all.”

The U.S. Attorney's office said the alleged sham company had few employees of its own. Instead, it relied on Alliance and ZCCI employees to function. 

After receiving numerous SDVO small business contracts, government attorneys say Arsenal subcontracted nearly all of the work under the contracts to Alliance, which was owned by Zoladz and Lyons, and ZCCI, which was owned by Zoladz. Neither Alliance nor ZCCI was eligible to participate in SDVO small business contracting programs. 

Zoladz and Lyons were accused of carrying out their scheme by, among other things, making or causing false statements to be made to the U.S. Department of Veterans Affairs (VA) regarding Arsenal’s eligibility to participate in the SDVO small business contracting program and the company’s compliance with SDVO small business requirements.  

“This settlement demonstrates the commitment of the Department of Veterans Affairs, Office of Inspector General, the Department of Justice, and other law enforcement agencies to aggressively pursue individuals and companies that misrepresent themselves as service-disabled-veteran-owned small businesses and deny legitimately disabled veterans the opportunity to obtain VA set-aside contracts,” said Inspector General, Michael J. Missal of U.S. Department of Veterans Affairs, Office of Inspector General (OIG).

“The VA OIG will continue to work diligently to protect the integrity of this important program, which is designed to aid disabled veterans. I also want to thank the U.S. Attorney’s Office and our law enforcement partners in this effort.”

The settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The civil lawsuit was filed in the Western District of New York and is captioned United States ex rel. Western New York Foundation for Fair Contracting, Inc. v. Arsenal Contracting, LLC, et al., Case No. 11-CV-0821(S) (W.D.N.Y.). As part of today’s resolution, the whistleblower will receive $450,000.

“Providing false statements to gain access to federal contracts set aside for service-disabled veterans denies the government opportunities to meet its abiding commitment to our nation’s veterans,” said Acting SBA Inspector General Hannibal “Mike” Ware. “The SBA’s Office of the Inspector General is committed to bringing those that lie to gain access to SBA’s preferential contracting programs to justice. I want to thank the Department of Justice for its leadership and dedication to serving justice.”

This matter was investigated by the Civil Division’s Commercial Litigation Branch, Assistant U.S. Attorney Kathleen A. Lynch of the U.S. Attorney’s Office for the Western District of New York, the FBI, the VA’s Office of Inspector General, the SBA’s Office of Inspector General, and Army CID.

Press Release from Zoladz Construction:

“The very complicated and frequently changing rules and regulations governing the Service Disabled Veteran Owned Small Business Program (SDVOSB) create inherent difficulties in maintaining constant compliance. These regulatory efforts lead to frequent challenges for participating SDVOSB businesses across the nation.

Even though we had legal advice that the formation of the SDVOSB involved was in compliance, the ever changing rules made it difficult to clearly stay within a difficult landscape of compliance. All contracts procured by the SDVSOB were performed to the satisfaction of the owners and all parties involved including subcontractors and material suppliers were fully compensated.

We are proud of our history and our service to the community. We are glad to have this matter fully resolved and look forward to continuing to serve the needs of our customers and community with award-winning construction work.”

In a note, the company added:

Please also note the official press release from The Department of Justice stated: “The claims resolved by the settlement are allegations only, and there has been no determination of liability." 

NOTE: Wording was changed in the story after receiving this note to reflect that these are "allegations only."

A resident in Alabama near the Iroquois Wildlife Refuge reportedly spotted two men with a pickup bed full of worn tires dumping them in the wetlands at about 10:42 a.m. Thursday and reported it to State Police.

Arrested were James H. Calus, 45, of Medina, and Jerry E. Nichols, 64, of Albion.

Both were issued appearance tickets for an alleged violation of the State's Environmental Conservation Law, section 9-0303, for illegal dumping on state land.

The incident occurred in the area of 1101 Casey Road, Alabama.

Shane Kyle Logan, 45, of Judge Road, Tonawanda Indian Reservation, is charged with assault, 3rd. Logan allegedly struck another person in the face with his fist with intent to cause physical injury.

Renae Ginine Porter, 37, of East Main Street, Batavia, is charged with petit larceny. Deputy Ryan DeLong responded to a complaint of shoplifting in progress at Kohl's Department Store at 4:19 p.m. Monday. Porter was identified as the suspect, located and taken into custody. DeLong was assisted by Trooper Bill Franz and Batavia PD Officer Chris Lindsay.

Jeremy L. Lonnen, 26, of Garland Avenue, Rochester, is charged with aggravated unlicensed operation, 2nd, and failure to use headlights. Lonnen was stopped at 9:51 p.m. Saturday on Holland Avenue, Batavia, by Officer Christopher Linsday. Lonnen was jailed on $1,000 bail.

Nicholas M. Canty, 20, of Law Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Canty was arrested by Officer Stephen Cronmiller following an investigation into an incident where Canty may have been under the influence of drugs at 10:15 a.m. Saturday on Law Street, Batavia.

Barbara E. Ferrando, 46, of Summit Street, Batavia, was arrested on a warrant. Ferrando was located by a probation officer and taken into custody by Batavia PD.

Jaylyn Shayquawn Strong, 22, of Mazda Terrace, Rochester, is charged with aggravated unlicensed operation, 3rd, driving without a license, no stop lights, unlawful possession of marijuana, and aggravated unlicensed operation, 2nd. Strong was arrested on a warrant by the Sheriff's Office and turned over to Batavia PD.

Bobby Lee Mobley, 32, of Swan Street, Batavia, is charged with assault, 3rd, and criminal mischief. Mobley was arrested as a result of an investigation into an incident Aug. 28. Mobley is accused of punching another person numerous times and of damaging property at 574 E. Main St., Batavia. A warrant was issued for Mobley. Officers Marc Lawrence and Nicole McGinnis report they located Mobley hiding in a basement.

Sabrina M. Higgins, 22, of Church Street, Basom, is charged with theft of services and conspiracy, 6th. Also charged, Rae C. Cook, 28, and Latiqua S. Jackson, 25. The three women are accused of eating a meal at Bourbon & Burger Co. in Batavia and then leaving without paying their bill.

Ricky Allen Marsceill, 53, of East Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and bicycle on a sidewalk. Marsceill was allegedly found in possession of drug paraphernalia after being stopped at 10:06 p.m. Sept. 25 on Main Street, Batavia, by Officer Christopher Lindsay for allegedly riding his bicycle on the sidewalk. In a separate arrest the next day, Marsceill is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. At 12:29 p.m. Tuesday, Marsceill was allegedly found in possession of crack cocaine and drug paraphernalia.

Woodrow C. Horseman, 41, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear. The charge stems from an alleged theft of beer from Tops Market. He was jailed on $5,000 bail.

Tracy D. Pike, 58, of Godfreys Pond Road, Bergen, is charged with harassment, 2nd. Pike allegedly threatened another motorist at 4 p.m. Sept. 13 on East Main Street, Batavia.

Shayla L. Sharrock, 32, of Stowell Drive, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Sharrock was jailed without bail.

Kaila I. Tidd, 32, of Holland Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Tidd turned herself in for alleged failure to appear on building code violations. She posted $250 bail.

Dakota O. Irvin, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear. 

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear. Dann's vehicle was stopped for an alleged traffic infraction on Washington Avenue by members of the Local Drug Task Force. Dann was ticketed for alleged obstructed view and operating on a suspended license. He was also allegedly found in possession of marijuana and issued an appearance ticket. He was arraigned and released under supervision of Genesee Justice.

Samiria C. Brown, 29, of Carnary Street, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Brown was stopped for an alleged traffic violation in Greece and turned over to Batavia PD on the warrant.

David L. Hausler, 29, of South Main Street, Batavia, is charged with disorderly conduct. Hausler allegedly threw objects at a vehicle driving past him on South Main Street at 1:29 a.m. on Sunday.

Bryan J. Yockel, 29, of Rochester, is charged with unlawful of marijuana. Yockel was stopped by State Police in Oakfield at 8:49 p.m. on Sunday.

Four months after being sent to prison for 15 years, serial sexual predator Marlek Holmes is back in Batavia today for the start of a trial on a pair of second-degree assault charges.

The charges stem from incidents in the Genesee County Jail.  Holmes is accused of assaulting inmates in the jail. After the second incident in December, Holmes allegedly damaged jail property, so he also faces a criminal mischief charge.

The 43-year-old Holmes, who has already spent 14 years of his adult life in prison, was sentenced in May after agreeing to a guilty plea to attempted criminal sexual act in the first degree 

Holmes was originally charged with Class A felonies of predatory sexual assault and predatory sexual assault against a child. 

Jury selection in this new trial will begin this afternoon.

Holmes appeared in court this morning dressed in a green state prison jumpsuit and escorted by state prison guards. Judge Charles Zambito agreed to delay the start of jury selection a couple of hours to allow Holmes more time to meet with his attorney and to change into civilian clothes before the jury sees him.

Batavia PD released these images today of a larceny suspect. The man in the pictures may have stolen items from a local store. People with information that may assist in the investigation are asked to call Officer Nicole McGinnis at (585) 345-6350.

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with: DWI; driving with a BAC of .08 or greater; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; and leaving the scene of a property damage accident. At 2:23 p.m., deputies responded to a report of a motor-vehicle accident on Maple Road, Alabama, where the driver had fled the scene. Deputy Chris Erion and K9 "Destro" were dispatched and Shelter was located not far from the scene of the accident. The incident was investigated by Deputy Eric Meyer.

Aaron Robert Webb, 21, of West Combe Park, West Henrietta, is charged with unlawful possession of marijuana, failure to stop at stop sign and insufficient tail lamp. Webb was stopped at 11:57 p.m., Thursday, on Telephone Road, Pavilion, by Deputy Eric Meyer.

Joshua A. Aughenbaugh, 23, of Junction Road, Pavilion, is charged with endangering the welfare of a child and harassment. Aughenbaugh is accused of holding a child behind a running vehicle in an attempt to prevent the child's mother from putting the vehicle in reverse. Aughenbaugh is also accused of butting heads with the woman and shoving her. He was jailed on $500 bail.

Leaha RaeAnne Wimmer, 25, of Allen Road, Albion, is charged with grand larceny, 4th. Wimmer allegedly stole a debit card and made purchases with it.

A 39-year-old Batavia woman accused of distributing cocaine is likely to avoid a trial and prison time, though some time in jail is still a possibility.

Denielle Mancuso, of West Main Street Road, appeared in County Court this morning on her plea-cut-off day (the last day a defendant has to accept a plea deal before the case goes to trial).

Assistant District Attorney Kevin Finnell said the plea offer of criminal possession of a controlled substance in the fifth degree with a "shock-cap" probation (which means six months in jail or four months of intermittent incarceration followed by five years of probation). 

Her attorney asked that she be evaluated for judicial diversion, which Judge Charles Zambito granted. That means she will be evaluated for the program and if accepted would be instructed in conduct and procedures she would have to follow for a set period of time.

Mancuso was arrested in June following an investigation by the Local Drug Task Force and charged with two counts of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and one count of criminal nuisance, 1st. 

She is accused of providing cocaine (not necessarily a sale) to an agent of the task force.

She's next due in court Oct. 16. If the judicial division program isn't approved and she doesn't accept the plea offer, a trial is set for Dec. 4.

Jeri Carlton Lobur, 51, of Hoag Avenue, Akron, is charged with unauthorized use of a vehicle and petit larceny. Lobur is accused of using another person's vehicle in Pembroke without permission and then selling power tools that were stored in the vehicle without the owner's permission.  

Dominic Daniel Czerniak, 18, of Wyvil Avenue, Scottsville, is charged with criminal possession of a marijuana, 4th, and speeding. Czerniak was stopped at 6:18 p.m., Monday, on Main Street, Corfu, for an alleged traffic violation by Officer Richard Retzlaff. Czerniak was allegedly found in possession of more than two ounces of marijuana.

Aaron D. Swimline, 31, of Alabama, is charged with felony DWI, speeding and unlawful possession of marijuana. Swimline was stopped at 10:44 p.m. Sunday on Route 63 in the Town of Shelby by State Police.

Marcos Cacho-Velaz, 37, of Depew Street, Rochester, is charged with felony DWI, unlicensed operation, 3rd, refusal to take breath test, failure to dim headlights, and drinking alcohol in motor vehicle. Cacho-Velaz was stopped at 10:28 p.m. Saturday on Alexander Road, Alexander, by Deputy Jeremy McClellan.

Rachel Lynn Crawford, 32, of North Winton Road, Rochester, is charged with aggravated unlicensed operation, 3rd. Crawford was arrested on a warrant for allegedly driving without a license on March 7. She was arraigned in City Court, paid a fine, and was released.

An apparent domestic dispute led to two motor-vehicle accidents in Batavia yesterday afternoon and resulted in the arrest of a 27-year-old city resident on assault charges for allegedly trying to run over a man in the parking lot of a business on East Main Street.

Lakara D. Johnson, of Highland Park, was charged with attempted assault, 1st, unlawful imprisonment, 1st, and reckless endangerment, 1st.

The incident started when police were called to Main and Center for a two-car accident. By the time police arrived, one of the vehicles had left the scene. Officers then received a report of a second motor-vehicle involving the suspect vehicle. The driver allegedly tried to hit a male who had managed to get out of the vehicle and instead struck a picnic table at the business.

The vehicle again fled the scene and was located on Howard Street.

Johnson was located on Colorado Avenue and taken into custody.

She was arraigned in City Court and released under supervision of Genesee Justice pending further court proceedings.

David Alan Leach, 23, of Morganville Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign, and driving a motor vehicle on a sidewalk. Leach was charged following the report of a property damage accident at 12:18 a.m. Thursday at 337 Bank St., Batavia. The accident was investigated by Officer Peter Flanagan.

Brian Thomas Resch, 29, of Buffalo Road, Bergen, is charged with criminal mischief, 4th, criminal possession of marijuana, 5th, and unlawful possession of marijuana. At 5:33 p.m. Saturday, the Sheriff's Office received a complaint on Buffalo Road of man who had disabled a phone to prevent a person from seeking emergency assistance. Upon investigation by deputies Ryan DeLong and Richard Schildwaster, Resch was allegedly found in possession of a quantity of marijuana and he was accused of smoking marijuana in a public place.

Derek James Wert, 35, of Tracy Avenue, Batavia, is charged with harassment, 2nd. Wert is accused of pushing another person during an argument at noon Sept. 18 at a location on North Street, Batavia. Wert was also charged with second-degree criminal contempt related to an incident at 7:02 p.m. Wednesday in Austin Park. Wert is accused of violating an order of protection.

Markeda D. Starks, 26, of Highland Park, Batavia, was arrested on a warrant. Starks posted bail and was released.

Adam Ross Atkinson, 29, of Kent Road, Stow, Ohio, is charged with under the influence of narcotics in public. Atkinson was arrested after deputies responded to multiple calls at 6:35 p.m. Friday of a disruptive male at a convenience store in Byron.

Brian R. Barnard, 53, of Leicester, is charged with burglary, 3rd, burglary, 2nd, and criminal mischief. The alleged burglary was reported at 3:08 p.m. Thursday in Le Roy. This is a State Police case. No further information released.

Brandon A. Brott, 20, Jacey L. McGregor, 19, and Jessica H. Shepard, 26, all three of Lockport, are charged with unlawful possession of marijuana. Brott, McGregor, and Shepard were arrested at 3:36 a.m. in the Town of Alabama by State Police.

Bennie "Beans" Wright, 32, of Jay Street, Rochester, was arrested on a sealed indictment Wednesday night at a residence on Maple Street for allegedly selling drugs in the City of Batavia.

Wright was located and identified as a warrant suspect while police were looking for evidence in a shooting earlier in the day on Thorpe Street.

He is accused of selling crack cocaine to an agent of the Local Drug Task Force.

He is charged with criminal sale of a controlled substance and criminal possession of a controlled substance.

Wright was arraigned in Genesee County Court and jailed on $25,000 bail.

Kathleen Mary Barnes, 31, of Gaines Basin Road, Albion, is charged with petit larceny. Following a complaint of shoplifting at the Rite Aid on West Main Street, Batavia, at 12:39 p.m. Wednesday, the suspect vehicle was spotted passing the Sheriff's Office on Park Road and a traffic stop was initiated. It's alleged that Barnes stole $300 worth of dental and oral care merchandise. The driver, Shane Beardsley, was arrested on a warrant. The investigation was conducted by investigators Joseph Graff and Chad Minuto and deputies Chris Erion and Kevin McCarthy.

Elise Mikhalyla Ruckdeschel, 24, of Chestnut Ridge, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Ruckdeschel was stopped at 12:46 a.m. today (Sept. 22) in the area of 3194 Route 5, Batavia, by Deputy Howard Wilson.

Ballard Polk Maye, 31, of Maple Street, Batavia, is charged with criminal possession of marijuana, 4th, and headlight violation. Maye was stopped at 9:26 p.m. Tuesday on East Main Street, Batavia, by Richard Schildwaster.

A fourth person was taken away in handcuffs at Maple and Thorpe streets in the city last night, the same location of a police incident yesterday related to a shooting on Evans Street.

Chief Shawn Heubusch said the person detained last night was a warrant suspect located during the police search the area of Thorpe and Maple.

Yesterday, three people were detained in that area after a shooting victim was located in a residence on Evans Steet. One person detained yesterday was a potential suspect and the other two were detained for questioning. 

Heubusch said the department will release more information on the incident later today.

Previously: Person shot in area of Watson and Evans, Batavia

Reader submitted photo taken at Maple and Thorpe last night.

Carl T. Amesbury, 25, of Jerico Road, Bethany, is charged with petit larceny, criminal possession of stolen property, 5th, driver's view obstructed. Following a complaint of a shoplifter from Rite Aid on West Main Street Road, Batavia, Amesbury's vehicle was located and stopped by Deputy Kyle Krzemien and taken into custody for allegedly stealing and possessing $201.99 in men's fragrances. (Previously: Tall man wearing Adidas flip-flops and tan summer clothes reportedly flees Rite Aid with cologne)

Triton A. Drock, 23, of Buell Street, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Drock was stopped at 6:20 p.m. Sept. 14 on Cedar Street by Officer Mitchell Cowen.

Devin P. Hofert, 21, of Hutchins Street, Batavia, is charged with DWI, running a red light, driving in the wrong direction, and refusal to take breath test. Hofert was stopped at 2:25 a.m. Saturday on School Street, Batavia, by Officer Mitchell Cowen.

Micheal Stephen Ryan, 58, of Bank Street, Batavia, is charged with grand larceny, 4th. Ryan allegedly stole a credit card and used it to make several snack purchases from a vending machine.

Geoffrey M. Anderson, 52, of Wood Street, Batavia, was arrested on a warrant, arraigned in City Court, and released on time served.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with harassment, 2nd. Beardsley was charged following a report of a domestic incident at 11:49 on Tuesday.