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Person shot in area of Watson and Evans, Batavia

By Howard B. Owens

One person is in surgery at ECMC and three other people are being detained following a shooting near Watson and Evans streets, City of Batavia, shortly after 4:30 p.m.

Chief Shawn Heubusch said one of the three people detained is a possible suspect and the other two potential witnesses.

The victim was shot in the wrist and belly. The victim was flown by Mercy Flight to ECMC.

The three people of interest reportedly fled to a house on Maple Street, which was surrounded by police and the three eventually surrendered.  

Police were initially dispatched to a report of several people fighting on Thorpe Street. When they arrived on scene, officers learned of a shooting victim in a nearby house who was seeking medical treatment. Mercy EMS was called to the scene.

Heubusch said more information will be released when it becomes available.

Law and Order: Man arrested on drug charges after complaint of driver slumped over wheel

By Howard B. Owens

Robert E. Wright, 35, no permanent address, is charged with resisting arrest, obstruction of governmental administration, criminal possession of a narcotic/drug with intent to sell, criminal possession of a narcotic/drug, unregistered motor vehicle, driving without insurance, aggravated unlicensed operation and two counts of unsafe tires.  Wright was arrested following a complaint at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia, of a man slumped over the steering wheel of a car. At the scene, Wright led officers on a brief foot pursuit. He was also wanted by the Department of Corrections. Wright was ordered held without bail.

Tonya M. Cragg, 38, of Church Street, Tioga, Pa., is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th. Cragg was allegedly found in possession of a controlled substance at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia. She was released on an appearance ticket.

Carla Faye Ewell, 59, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Ewell was stopped at 12:40 a.m. Sept. 9 on East Main Street, Batavia, by Officer Felicia DeGroot.

Earl R. Benson, 51, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and driving on the wrong side of the median. Benson was stopped at 9:56 p.m. Sept. 8 on East Main Street, Batavia, by Officer Christopher Lindsay.

Madison Alyssa Scheurlein, 19, of Overlook Drive, Batavia, is charged with petit larceny. Scheurlein allegedly stole two items from Kohl's valued at $72.

Tall man wearing Adidas flip-flops and tan summer clothes reportedly flees Rite Aid with cologne

By Billie Owens

A larceny of cologne just occurred at the Rite Aid on West Main Street Road, Batavia. The suspect fled the store and left in a vehicle, unknown type or description, but possibly black in color. Unknown direction of travel.

The suspect is described as a white male, 6' tall, wearing tan shorts and top and "Adidas flip-flops." Store personnel say they have the theft on video. Law enforcement is responding. 

Grand Jury: Man indicted on two felonies for allegedly possessing assault weapon and large capacity ammo feeding device in Bryon

By Billie Owens

Charles S. Ganoung IV is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on March 25 in the 6300 block of Transit Road in the Town of Byron that Ganoung possessed an assault weapon. According to the indictment, it was a DPMS Panther Arms semiautomatic .223-caliber rifle, equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. In count two, he is accused of the same crime for also allegedly possessing a large capacity ammunition feeding device. The indictment says it was a large capacity .223-caliber magazine loaded with 28 live .223-caliber rounds.

Tawny L. Collazo is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on May 25 in the Town of Pembroke that Collazo drove a 2013 Dodge on Route 5 while in an intoxicated condition and while a child 15 years of age or less was a passenger. In count two, she is accused of aggravated DWI, per se, as a Class E felony. In is alleged in count two that she had a BAC of .08 or more at the time with passenger age 15 or under. In count three, Collazzo is indicted for the crime of aggravated DWI as a Class E felony for allegedly driving while intoxicated while a second child age 15 or less was a passenger. In count four, she is again accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time with a second passenger age 15 or younger.

Michael J. Wojdyla is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Darien that Wjodyla drove a 2009 Chevrolet on Main Park Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Key Bank robber can expect to stay in state prison until at least 2025

By Howard B. Owens

The man who robbed the Key Bank branch in Batavia at the end of last year and got away with $10,275 isn't expected to get out of prison before 2025.

Joel Zsebehazy, 33, an Iraq War veteran from Niagara Falls, was sentenced to three to six years in prison by Judge Charles Zambito in County Court this morning.

Attorney Lisa Kroemer, from the Public Defender's Office, requested a two-to-four-year prison term for her client after noting that Zsebehazy was on parole at the time of the robbery, so he now owes the state prison time before he can start serving a sentence on the Key Bank robbery. 

"Given that fact, he's going to be serving a lot of time anyway," Kroemer said.

Zsebehazy apologized for his actions.

"I realize there is no excuse to justify what I did," Zsebehazy said. "I know what I did was wrong. I knew when I went into the situation it was wrong. I know it negatively impacted more people than just myself."

He then apologized to the teller and the court for his crime.

After the robbery, Zsebehazy fled the state. He was eventually located in Lousiana and brought back to Batavia on the bank robbery charge. During his travels, Zsebehazy said, he started attending AA meetings and going to church and felt like he was getting his life back on track.

"I've been making progress in my life," Zsebehazy said. "I know that in no way excuses myself and I stand here ready to make amends in any way I can."

Zambito said he wasn't moved by either the fact that Zsebehazy will spend an even longer time in prison because he was on parole at the time of the robbery or that he was getting his life together. The fact is, Zambito said, he robbed a bank and had to be chased down in order to be brought to justice.

"To say that this has been an opportunity to start a new life by robbing a bank is something I find incredible," Zambito said.

Zambito said Zsebehazy had already received a substantial break on potential prison time when he was offered a plea deal that capped his sentence at three to six years.  To cut it any further wouldn't fit the crime, he said.

Zsebehazy was ordered to start making payments toward restitution while he's incarcerated. Kroemer tried to convince Zambito to delay restitution payments until Zsebehazy is out of prison because Zsebehazy will receive such a minimal allowance for toiletries, writing paper, and other personal items while in prison that any restitution payment would make it difficult for him to obtain necessities. 

She suggested that lack of money for these items is why some prisoners turn to "less than legal activity" in prison.

District Attorney Lawerence Friedman said Zsebehazy should start paying restitution immediately and that prison officials have a formula to take only a portion of a prisoner's money for restitution payments so they still can buy necessities from the prison store.

Zambito agreed.

Photo: file photo

Pembroke man who was shot Thanksgiving Day 2015 by terrorized girlfriend found guilty of burglary and trespass

By Howard B. Owens

It didn't take long for a jury, after a weeklong trial, to deliberate and find Charles Schilling, of Pembroke, guilty of counts of second-degree burglary and second-degree criminal trespass.

The charges stem from an incident Thanksgiving Day 2015 when Schilling broke into a house where his girlfriend was living, got into an altercation, and she grabbed a .357-Magnum to defend herself, fired three times, striking him at least once in the leg.

In closing arguments, Public Defender Jerry Ader tried to convince the jury that there was ample reason for a not-guilty verdict based on reasonable doubt.

"What really happened?" Ader told the jury. "Since yesterday, those words keep coming back to me. What really happened?"

He said the only version of events the jury had to go on was the testimony of Schilling's girlfriend, who admitted to being confused on some points.

"She is admittedly not sure about what happened," Ader said. "Anything is possible, she said. When she was asked, she said, 'Anything is possible.' She could remember certain things and she couldn't remember certain things."

Ader said the couple had been together for years with a well-established pattern in a dysfunctional relationship of fighting and talking, and texting, then fighting more, with verbal and physical abuse going both ways.

In order to convict Schilling of burglary, Ader said, the jury would have to find that Schilling went to the house, owned and occupied by the father of Schilling's girlfriend, with the intent to commit a crime once he got inside.

It seemed quite probable, Ader said, that Schilling went to the house on Thanksgiving only to talk, but as usual, the talk escalated into a fight.

If Schilling didn't intend to assault and menace the victim, then he couldn't be found guilty of burglary, Ader said.

"Based on the testimony you heard, reasonable doubt is clear," Ader said.

When Assistant District Attorney Robert Zickl stood to begin his closing arguments, he stepped to the lectern in front of the jury and for a few minutes, just stood there and looked at them.

His point was, he said, that when he approached the lectern, his intention was clear. His intention was to speak. The jury didn't expect him to remain silent. The context explains intent, he said. The jury knew that if he stood up and walked to the lectern, he intended to speak. They didn't really have to guess at his intention.

In the same way, Schilling's intention was clear. He had told a friend that he was angry with his girlfriend because he believed she had performed in a pornographic video that had been posted online. Schilling's intent was also clear because he had been at the house a few days earlier and gave his girlfriend "a stiff beating," Zickl said. Zickl said Schilling's intent was also clear because when he arrived at the house on Nov. 26, 2015, he tried to break down the front door, damaging it, and then gained access by kicking down another door.

"How can anyone say he did not have the intent to commit a crime when he got inside, when the first thing he did when he got inside was commit a crime?" Zickl said.

It was also clear that Schilling was guilty of criminal trespass because he well knew that his girlfriend's father had barred him from his property. Schilling's girlfriend had even warned him on prior occasions not to come over because her father wouldn't allow it.

Schilling will be sentenced at a later date.

Bail ordered for woman accused of violating release terms while awaiting trial stemming from accident on Fargo Road

By Howard B. Owens

There's no more benefit of the doubt for Nicole Kimberly Sullivan in Judge Charles Zambito's courtroom.

The 32-year-old Perry resident, already charged with assault, 2nd, and endangering the welfare of an incompetent or physically disabled person, was arrested on allegations this week that she and a partner concocted a scheme to steal more than $700 in phone cases from Walmart. She's also been accused of continuing to use drugs while in a residential treatment facility.

Zambito canceled her release under supervision contract Wednesday afternoon and ordered her held on $5,000 bail or $10,000 bond. 

While Assistant District Attorney Shirley Gorman argued that Sullivan should be considered a flight risk, her attorney, David Silverberg, argued that she wasn't a flight risk but clearly is having difficulty complying with her release terms pending her trial. He asked for reasonable bail.

Sullivan is accused of fleeing the scene of an accident on Fargo Road in the Town of Stafford on June 10, 2016, and leaving behind a seriously injured person who also had a disability.

Accused drug dealer granted release under supervision while awaiting legal proceedings

By Howard B. Owens
      Adner Davila

A 62-year-old man facing multiple drug-dealing charges is being released from jail while awaiting further legal proceedings after a bail review hearing before Judge Charles Zambito in County Court this afternoon.

Adner P. Davila, of West Main Street Road, Batavia, scored well enough on a bail evaluation worksheet that he was deemed not a flight risk and eligible for release under supervision of Genesee Justice.

The bail evaluation is based on numerous factors such as ties to the community, potential jail term if convicted, appearance record on prior charges and prior charges, if any.

In Davila's case, he does have six prior felonies, including three violent felonies, in his past, as well as a failure to appear, but those charges were years ago and were not really a factor in his bail evaluation.

Davila is charged with two counts of criminal sale of a controlled substance, 3rd, five counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia. 

During his release under supervision, Davila is confined to his residence at a trailer park on West Main Street Road, except for doctor's appointments. Upon request, Zambito also granted him permission to visit DSS to recertify his Medicaid eligibility, with notification of the trip to Genesee Justice.

Law and Order: Man accused of driving vehicle without permission, ruining engine

By Howard B. Owens

Marquis Rashod Brown, 20, of Victor Lane, Hamlin, is charged with burglary, 3rd, criminal mischief, 2nd, unauthorized use of a motor vehicle, and petit larceny. Brown allegedly entered a building on South Lake Road, Bergen, at 6 p.m. Aug. 3 without the owner's permission, left and drove the owner's vehicle without permission, and then caused more than $1,500 damage to the vehicle by overheating and ruining the engine.

Garl Lyn Fields, 33, of LaGrange Avenue, Rochester, is charged with aggravated unlicensed operation, 2nd. Fields was stopped by Irondequoit PD. He posted bail and was released to Gates PD on a warrant. He was issued an appearance ticket and released to the Genesee County Sheriff's Office on a warrant out of Town of Stafford Court. He was arraigned in Town of Batavia Court and released on an order to appear in Town of Stafford Court at 9 a.m., Oct. 3.

Kristi Marie Stoughton, 41, of Woodhill, Newark, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Stoughton was stopped at 11:40 p.m. Monday on Genesee Street, Pembroke, by Deputy Ryan DeLong.

Crystal Marie Bouter, 28, of Porter Avenue, Batavia, and Nicole Kimberly Sullivan, 31, of Covington Street, Perry, are charged with petit larceny and conspiracy, 6th. Bouter and Sullivan are accused of stealing several mobile phone cases valued at $785.77 from Walmart. It's alleged that they agreed to coordinate their efforts to steal the cases. Both were jailed on $1,000 bail each.

Bank Street woman pleads guilty to petit larceny after DSS investigation reveals she failed to list wages

By Billie Owens

Press release:

Kimberly Brodsky, 26, of Bank Street in Batavia, was granted a one-year conditional discharge by Batavia Town Justice Michael Cleveland on Monday, Sept. 11, as a result of her guilty plea to one count of petit larceny.

She had originally been charged in Batavia Town Court in June with one count of fourth-degree grand larceny and one count of offering a false instrument for filing in the first degree. She agreed to plead guilty to petit larceny as part of a plea deal.

The original charges were filed after a Social Services investigation revealed Brodsky failed to list wages she was receiving on applications she submitted to the Genesee County Department of Social Services. By submitting the falsified documents to the Department of Social Services, Brodsky received $2,423.50 in benefits to which she was not entitled.

In addition to the conditional discharge Brodsky made restitution of $2,423.50 and received a lifetime disqualification from SNAP -- the Food Stamp program.

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

One trespass arrest at Matchbox 20 concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Matchbox 20 concert at Darien Lake Performing Arts Center on Monday:

Getchen L. Demeo, 52, of Coachmans Lane, Hamburg, is charged with trespass after allegedly opening an emergency exit and entering the Seagrams viewing deck where she had no right to be.

Grand Jury Report: Man accused of filing false claims with DSS

By Howard B. Owens

Martin Jones is indicted on two counts of criminal possession of a forged instrument, 2nd, and two counts of offering a false instrument for filing. Jones is accused of presenting a document, a forged Medical Examination for Employability report, to officials at the Department of Social Services on Feb. 23 for the purpose of fraudulently claiming benefits. He also allegedly presented a forged Medical Qualifications/Work Status report.

Daniel J. Difrancesco is indicted on a count of felony DWI and of refusing a breath test. Difrancesco is accused of driving drunk April 18 in the Town of Batavia on Route 5. It's alleged he has a prior DWI conviction within the past 10 years, in May 2007.

Gail M. Williams is indicted on a count of third-degree grand larceny. Williams is accused of stealing property with a value in excess of $3,000 from a location in the Town of Le Roy, between late 2014 and early 2017.

Batavia PD reminds residents to lock vehicles

By Howard B. Owens

Press release:

The Batavia Police Department has received several stolen vehicle complaints within the past few weeks. Those vehicles have been located and investigations are still ongoing.

We would like to remind citizens to secure their vehicles at all times and to NEVER leave the keys in the car for any reason.

We at the Batavia Police Department are dedicated to protecting all persons and property and are continuing to partner with citizens to ensure Batavia remains a safe, enjoyable place to live.

Law and Order: Batavia man accused of menacing neighbor and son with firearm

By Howard B. Owens

Russell Leonard Penepent, 54, of West Main Street Road, Batavia, is charged with second-degree menacing and endangering the welfare of a child. Penepent allegedly menaced a neighbor and his 5-year-old child with a firearm at 3:19 p.m. Sunday. He was jailed on $2,500 cash or $5,000 bond.

Lawrence A. Guy, 41, of Roosevelt Avenue, Batavia, is charged with torturing or injuring an animal, endangering the welfare of a child, and coercion, 2nd. Police alleged that during a domestic incident Guy punched the family dog several times and threw it down several stairs in the presence of children. He was ordered held on $10,000 bail.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 7th. Russell was arrested on a warrant by members of the Local Drug Task Force. During the arrest, Russell was allegedly found in possession of heroin. He is also accused of giving a quantity of heroin to another person. He was jailed on $50,000 bail.

Daniel James Maus, 56, of Johnson Road, Bergen, is charged with unlawful possession of marijuana. Maus was allegedly found in possession of marijuana during a traffic stop at 12:54 a.m. Saturday on Perry Road, Pavilion, by Deputy Mathew Clor.

Ryan Paul Isham, 26, of 66th Street, Niagara Falls, is charged with felony DWI, failure to yield right of way on left turn, and failure to yield right of way at a yield sign. Isham was arrested following an investigation into an accident reported at 12:55 a.m. Sunday on Route 98 in Elba by Deputy Ryan Young. Deputies responded to the accident and located a Dodge Ram pickup truck on its roof. Occupants of both vehicles were out of the vehicles. Isham was determined to be the driver of a Chevrolet Silverado. Isham was transported to UMMC for evaluation and released. All other occupants were treated and released at the scene. Additional charges are pending.

Miguel E. Alvarez, 22, of Maple Avenue, Batavian, and a 16-year-old resident of Trumbull Parkway are charged with petit larceny. At 10:20 p.m. Saturday, Batavia PD officers Arick Perkins and Christopher Lindsay attempted to speak with two suspicious males on West Main Street, Batavia. When approached, the subjects ran. They were later taken into custody and one of the subjects was allegedly found trying to conceal a 30-pack of beer and pizza in his pants that had been stolen from Tops.

Molly M. Smith, 45, of MacArthur Drive, Batavia, is charged with DWI and driving while impaired by drugs. Smith was arrested following an investigation into a minor injury motor-vehicle accident at 5:12 p.m. Friday on West Main Street, Batavia, by Officer Marc Lawrence.

Ronald P. Dixon, 38, of Pearl Street Road, Batavia, is charged with possession of a hypodermic instrument. City PD responded to a report of a burglary in progress at 1:10 a.m. Friday on East Main Street, and located Dixon, who was wanted on a warrant. At the time of his arrest, he was allegedly found in possession of a needle and other drug paraphernalia. He was jailed on $2,000 bail on the warrant.

Michael J. Difalco, 29, of West Main Street, Batavia, is charged with criminal possession of stolen property 5th. Difalco allegedly sold property he knew to be stolen at Pawn King in the Town of Batavia. He was jailed on $500 bail.

Julio C. Morales Jr., 32, of Upton Road, Batavia, was arrested on a warrant. Morales was arrested on a theft of services charge in 2015 and allegedly never appeared in City Court on that charge. He was jailed on $250 bail.

Henry L. Banks, 47, of Ross Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

A 17-year-old resident of Skye Road, Tonawanda Indian Reservation, is charged with attempted assault, 1st, harassment, 2nd, and obstructing governmental administration. Batavia PD responded to Burger King at 5:46 p.m. Aug. 28 for a reported disturbance. A person reportedly struck a vehicle. When police arrived, the suspect fled and was later apprehended.

Anthony A. Leone, 49, of Jackson Avenue, Batavia, was arrested on a warrant for a trespass charge stemming from an incident on Ellicott Street reported at 4:25 p.m. Aug. 15.

Khala Linn Ray, 18, of Ridge Road, Gasport, is charged with DWI, driving with a BAC of .08 or greater and no headlamps. Ray was stopped after Officer Arick Perkins observed at 2003 Pontiac Vibe on Ross Street being driven without headlights at 1:55 a.m., Aug. 26. Ray's vehicle was stopped on Washington Avenue.

Tyler M. Hughson, 22, of Hawthorn Drive, Albion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hughson was stopped at 9:32 p.m. Sept. 1 on East Main Street, Batavia, by Officer Mitchell Cowen.

Rachell O. Soggs, 29, of South Swan Street, Batavia, was arrested on a warrant for alleged failure to appear.

Christopher Steven Bump, 22, of Briarwood Terrace, Batavia, is charged with false personation. At 7:30 p.m. on Aug. 27, Officer Arick Perkins responded to Pearl Street, Batavia, for a report of a suspicious vehicle. When contacted, Bump allegedly provided the officer with a false name.

John R. Delara, 19, of Gilbert Street, Le Roy, is charged with criminal trespass, 3rd, petit larceny and unlawful possession of marijuana. Delara is accused of entering unsecured vehicles in a downtown parking lot at 10:15 a.m. Aug. 31 and attempting to steal items from the vehicles.

Tatiana C. Lugo, 22, of Batavia, was arrested on a warrant for alleged failure to appear. He was jailed on $2,500 bail.

Taylor K. Hicks, 25, of Pembroke, is charged with DWI and driving with a BAC of .08 or greater. Hicks was stopped by State Police at 8:05 p.m. Sept. 7 on Genesee Street, Pembroke.

Law and Order: Batavia woman accused of selling crack cocaine in Warsaw

By Howard B. Owens
     Jenna Josephite
      Shawn Hunter

Jenna Josephite, 28, of Main Street, Batavia, and Shawn Hunter, 33, of Wakefield Street, Rochester, are charged with criminal sale of a controlled substance, 3rd. Members of the Wyoming County Drug Task Force observed Josephite and Hunter allegedly sell a large quantity of suspected crack cocaine to a subject who had been under surveillance by the task force in the Warsaw Shopping Plaza in Warsaw. Josephite was jailed on $20,000 bail and Hunter was ordered held without bail.

Chad E. Alwardt, 37, of Byron, is charged with criminal possession of a controlled substance, 7th. Alwardt was arrested Tuesday by members of the Local Drug Task Force on a warrant. While being taken into custody he was allegedly found in possession of heroin. The nature of the warrant was not released. He is being held in the Genesee County Jail.

Lindsay Goins, 61, of State Street, Batavia, is charged with falsely reporting an incident. He was released under the supervision of Genesee Justice.

An 18-year-old resident of Stittville is charged with unlawful possession of alcohol. The youth was arrested at 9:55 p.m. Wednesday at College Village. State Police did not release the defendant's name.

Two 18-year-old residents of Batavia are charged with unlawful possession of marijuana. The youths were arrested Wednesday by State Police at a location on Assemblyman R. Stephen Hawley Drive, Batavia. State Police did not release the names of the defendants.

Fewer arrests reported from STOP-DWI patrols, but hard to say that means fewer drunks on the road

By Howard B. Owens

Dedicated DWI patrols by local law enforcement agencies are nabbing fewer drunken drivers and Matt Landers, assistant county manager and head of the STOP-DWI program for the county, would like to think that means the STOP-DWI program is being effective.

But that's hard to say for sure.

It could be a result of recent turnover in local agencies or some other factor.

It does mean there is less money available to fund STOP-DWI patrols.

Landers delivered a report on the state of the program to the Ways and Means Committee of the County Legislature on Wednesday.

"The numbers may be down because of turn over in the agencies," Landers said. "I'm told it takes a while for new officers to get on board. When officers get into their third and fourth years, that's the sweet spot, I'm told. That's when they're comfortable and experienced."

The number of arrests have dropped from 228 in 2015 to 183 last year and a projected 166 this year. 

The cost per arrest was $900 in 2015 and a projected $1,344 in 2017.

Funds for STOP-DWI are generated only by arrests by the dedicated enforcement patrols, not arrests by regular patrols. CORRECTION: Fines from all DWI arrests go to STOP-DWI.

The funds are also used for education programs in the schools and programs such as the STOP-DWI night at the Batavia Muckdogs game.

Legislator Ed DeJaneiro applauded the education efforts. He thinks that not only does it help the children, the children might take that message home to their parents.

"Education is key, I think," DeJaneiro said.

As a result of fewer arrests, it gives the appearance that the cost per arrest has doubled and Legislature Chairman Ray Cianfrini wondered if there was a way to reduce the cost per arrest and Landers said he didn't really know of a way to do that. 

More traffic stops might help, but that comes back to an experience issue.

"I've been on a couple of ride-alongs," Landers said. "Coincidently, I don't know, but there are perhaps 15, 16, 17 stops when I'm in the car. When I'm not in the car, there's three or four."

Last fall, Landers helped organized the program's first awards luncheon, with Jocelyn Sikorski at the Youth Bureau, at Terry Hills Restaurant and Banquet Facility. It honored the year's top cops for DWI arrests and Landers said that event will be held again this year. It's something he is making an annual event.

Batavia man, 62, accused of dealing drugs

By Howard B. Owens
      Adner Davila

Adner P. Davila, 62, of West Main Street Road, Batavia, was arrested Friday on a sealed indictment for allegedly selling cocaine to an agent of the Local Drug Task Force and at the time of his arrest officers say they found more drugs and cash.

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

After receiving a sealed indictment against Davila, members of the Local Drug Task Force observed Davila driving in Batavia on Friday evening. A uniformed deputy initiated a traffic stop as he pulled into a parking lot. 

Once in custody, his car was searched and he was allegedly found in possession of 18 bags of cocaine and $439 cash.

Investigators then searched his residence and report finding cocaine, morphine, drug paraphernalia and more cash.

Davila was arraigned in both Town of Batavia Court and City of Batavia Court and ordered held without bail.

Additional charges pending lab results.

Vine Street main accused of selling crack cocaine

By Howard B. Owens
     Quinton Spinks

A 33-year-old Vine Street resident has been arrested and accused of selling crack cocaine on at least two occasions to an agent of the Local Drug Task Force.

Quinton L. Spinks is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested on a grand jury warrant Aug. 28.

He was jailed on $10,000 bail.

Police issue statement about knife incident Liberty and Main, Batavia

By Howard B. Owens

Press release:

On 09/02/2017 at approximately 11:41 a.m., the Batavia Police Department responded to an incident involving a knife where a subject had been cut in the upper arm. The injured subject was treated and released at the hospital. Police were able to locate and speak to all parties involved in the incident. Further police assistance was declined.

Law and Order: Woman accused of breaking windows Sunday afternoon

By Howard B. Owens

Amanda Lynn Abrams, 26, of Council House Road, Tonawanda Indian Reservation, is charged with criminal mischief, 3rd. The Sheriff's Office received a complaint at 5 p.m. Sunday of several broken windows, including broken windows on a vehicle, at a location on Sand Hill Road, Tonawanda Indian Reservation. Upon investigation, it's alleged that Abrams broke windows "with no reasonable grounds to believe she had such a right," damaging the property of another person.

Joseph A. Saraceni Jr., 21, of Linwood Avenue, Batavia, is charged with driving while ability impaired by drugs, unlicensed driver, following too closely and failure to signal a turn. Saraceni was stopped at 9:45 a.m. Aug. 28 in Wyoming County after a trooper observed Saraceni allegedly following another vehicle too closely. When the trooper attempted to follow Saraceni, he made an abrupt turn reportedly without signaling. During the traffic stop, State Police say Saraceni presented an expired license. He provided a list of medications he was taking that included controlled substances. The trooper conducted a field sobriety test and he was processed at SP Warsaw by a drug recognition expert. He was issued an appearance ticket and turned over to Monroe County Sheriff's Office on an active probation warrant.

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