police

Batavia city police report two arrests over the weekend.

Justine D. McWethy, 21, of 4011 Pearl St., Batavia, was charged with driving while intoxicated early Saturday morning. McWethy was stopped by police after she allegedly drove through the police barricades set up at the fire at Cristina's Restaurant.

That same morning, 19-year-old Jushua D. Quaintance, of Byron, was pursued by police following a complaint of menacing. He was pulled over on W. Main Street in Batavia and charged with driving while intoxicated.

Batavia city police report one arrest for Thursday: Andrea M. Gray, 30, of 19 Porter Ave., Batavia, was charged with second-degree criminal trespass. Police were told that Gray entered a residence on Vine Street and refused to leave.

Blotter

Thursday:

• 9:14am, 110 Summit St., criminal contempt
• 9:39am, 100 Ross St., criminal mischief
• 12:08pm, Genesee County Mall, accident
• 1:36pm, 390 W. Main St., accident
• 2:50pm, 341 W. Main St., fraud
• 5:02pm, 12 Ellicott St., harassment
• 8:31pm, 4152 W. Main St., accident

Friday:

• 12:21pm, 166 Vine St., criminal mischief
• 12:23pm, 215 Summit St., accident
• 12:29pm, W. Main Street, accident (car + bike)
• 12:53pm, W. Main Street, accident (car + pedestrian)
• 1:53pm, 6 Ellicott Place, larceny
• 4:02pm, 412 E. Main St., larceny
• 5:03pm, 135 Hutchins St., larceny
• 5:30pm, Porter Avenue, larceny
• 6:08pm, 510 Ellicott St., larceny
• 6:55pm, 10 W. Main St., harassment
• 9:11pm, 5 Porter Ave., trespass
• 9:38pm, 419 E. Main St., harassment

Note: We don't include noise complaints, domestic disputes and routine police business.

• Nineteen-year-old Anthony S. Molaro, of Alabama, faces several felony charges following an investigation into an incident that occurred on June 28, Genesee County sheriff's deputies said. Deputies were told that Molaro violated an order of protection by allegedly locking a person in a car and forcing conversation by threats. Molaro was charged with first-degree criminal contempt, first-degree unlawful imprisonment and first-degree coercion.
• Genesee County sheriff's deputies reported several arrests made at the Motley Crew concert at Darien Lake last night. Three men were charged with second-degree harassment, and all three were accused of punching or otherwise attacking security officers at the concert. They were: Andrew D. Bolya, 26, of Franklinville; Joseph J. Manners, 23, of Kenmore; and Brian M. Slater, 35, of Syracuse. Bolya, 26, of Franklinville, was also charged with unlawful possession of marijuana.
• Amber L. Knapp, 22, of Oakfield was charged with second-degree criminal contempt, second-degree criminal trespass and petit larceny yesterday afternoon, city police said. Knapp was accused of entering and taking something from a Summit Street residence in Batavia that she had been barred from entering per a court order.

Note: All of the above arrests were reported in published releases from the departments.

What's going on in today's Daily News? Let's take a look...

A former Orleans County resident, who is considered a "person of interest" in the shooting death of Oakfield man William Fickel in 2005, was jailed in West Virginia a couple weeks ago. James M. Nichols, 55, was sentenced to 63 months in federal prison for possessing firearms that he should not have had since he's a convicted felon. While the charges do not relate to the murder, they were discovered as a result of its investigation. Read the article by Scott DeSmit for the full details of Fickel's unsolved homicide and the $100,000 reward for information leading to a conviction.

Reporter Tom Rivers takes a look at some changes in store for the poorly attended Genesee County Fair. Fair organizers hope the changes will bring in more bodies. Genesee has had the second poorest attendance out of eight upstate counties over the past several years, second only to Livingston. Changes this year will include:

• Charging admission by the carload rather than per person: $5.
• Offering an "Everything Pass" for $12 that gets you admission, rides and events.

In addition to the typical fair events, folks should expect live music daily and fireworks Friday and Saturday. The fair opens Tuesday and runs through Sunday.

A public hearing in Oakfield tonight will be the first to get input into a potential merger of the courts in Oakfield, Elba and Batavia.

A story in today's local section about a Genesee Community College $4 million capital project was featured in the WBTA news roundup on The Batavian this morning.

God's Helping Hands and Project Hope are looking for more volunteers for another neighborhood cleanup that runs from 10:00am to 1:00pm Saturday on South Spruce, Prune and Jerome Streets. Call (585) 344-2997 to join up.

Nothing local in sports news today.

Monday:

• 2:40am, Oak Street, accident
• 11:51am, 7 Lewis Place, criminal mischief
• 3:51pm, 8351 Lewiston Road, accident
• 5:21pm, 38 Columbia Ave., trespass
• 5:33pm, Vine Street, accident
• 6:54pm, 114 Liberty St., trespass

Tuesday:

• 8:54am, 18 Sumner St., larceny
• 2:14pm, 10 W. Main St., rape
• 3:32pm, 679 E. Main St. (Apt: 4B), burglary
• 3:21pm, 10 Jefferson Square, forgery
• 3:37pm, 16 River St., accident
• 7:23pm, 210 E. Main St., accident
• 8:25pm, Oak Street, accident
• 8:32pm, Clinton Street, accident

Note: We don't include noise complaints, domestic disputes and routine police business.

Wednesday:

• 1:44am, 5 School St., trespass
• 12:09pm, 151 W. Main St., accident
• 3:17pm, 117 1/2 Liberty St., larceny
• 3:24pm, 20 Main St., accident
• 3:35pm, Ellicott Street, accident
• 3:44pm, S. Main Street, accident
• 4:55pm, 37 Walnut St. (Apt: Lower), assault
• 7:13pm, 522 E. Main St., accident
• 8:17pm, 17 Pickthorn Dr., harassment
• 9:17pm, 102 State St., larceny

Thursday:

• 8:20am, 127 North St., accident
• 9:29am, Ellicott Street, fraud
• 1:19pm, 209 Liberty St., larceny
• 1:59pm, 408 E. Main St., forgery
• 2:11pm, 55 Tracy Ave., endangering the welfare of a child
• 4:13pm, 408 E. Main St., fraud
• 5:53pm, 307 Washington Ave. (Apt: Upper), larceny
• 8:51pm, 115 Bank St., trespass
• 9:02pm, 670 E. Main St., accident
• 9:21pm, 69 Oak St., larceny

Friday:

• 1:53am, 162 Walnut St., trespass
• 11:08am, 11 Ross St., accident
• 11:43pm, 17 Holland Ave. (Apt: Lower), harassment

Saturday:

• 12:23pm, 121 Liberty St., criminal contempt
• 1:03pm, 5 Spencer Court, accident
• 5:28pm, 300 Ellicott St., accident
• 6:38pm, 38 Columbia Ave., harassment

Sunday:

• 11:51am, 201 Ross St., larcent
• 3:07pm, 10 Columbia Ave., burglary
• 3:24pm, 413 W. Main St., harassment
• 11:06pm, 5 Thomas Ave. (Apt: 2), larceny

Note: We don't include noise complaints, domestic disputes and routine police business.

• Timothy E. Talmon, 48, of Darien Center, was charged with driving while intoxicated following a traffic stop on Route 77 in Corfu Wednesday, Genesee County sheriff's deputies said.
• George Lee Williams, 28, was charged with failure to register as a sex offender, a class-D felony, sheriff's deputies said. Williams, who is listed as a transient with no known home address, was picked up by deputies Wednesday on Upton Road following reports that Williams had been trespassing. He was also charged with second-degree criminal trespass and false personation. Williams was sent to Genesee County Jail in lieu of $20,000 bail.
• Alfred C. Gray, 22, of Batavia, was charged with a felony count of first-degree criminal contempt, second-degree unlawful imprisonment and two counts second-degree harassment following reports that he was in an alleged physical confrontation Thursday with a female acquaintance who had an order of protection, city police said.
• Eighteen-year-old Brittany Y. Myers, of Rochester, was charged with a felony count of second-degree assault Thursday, Genesee County sheriff's deputies said. An investigation into an incident on June 15 led to deputies to suspect that Myers struck another female in the head with a glass liquor bottle during a fight at a party in Alexander that night. The victim had to be taken to the hospital where she received "numerous" stitches.
• Mitchell K. Milroy, 22, of Pavilion, was charged with a felony count of first-degree attempted sexual abuse Thursday, sheriff's deputies said. Milroy was accused of allegedly attempting to touch a female while she was sleeping.
• Charles E. Dodson Jr., 53, of Byron, was charged with driving while intoxicated in addition to a felony count of first-degree aggravated unlicensed operator Friday, city police said. Dodson Jr. had previously had his license suspended due to a DWI conviction.
• Rebecca J. Sando, 43, of Byron, was charged with a felony count of second-degree identity theft Friday, sheriff's deputies said. Sando was accused of using her sister-in-law's bank card in April to make online purchases that exceeded $550.
• Twenty-five-year-old Renee K. Wapniewski, of 17 Pringle Ave., Batavia, was charged with second-degree criminal contempt Friday, city police said. Wapniewski had allegedly violted a stay away order of protection.
• Twelve youths were found at the Kelsey Road Pits early Sunday morning and charged with possession of alcohol with intent to consume, Genesee County sheriff's deputies said. Deputies responded to the scene of the "underage drinking party" following reports that a 15-year-old boy had fell into the fire burning his hands.
• Michelle F. Wimble, 26, of Corfu, was charged with driving while ability impaired by drugs and endangering the welfare of a child Sunday following a traffic stop on Route 5 in Batavia, sheriff's deputies said. A motorist told deputies that Wimble was driving erratically with her three-year-old child in the vehicle.
• Timothy J. Slotta, 31, of South Carolina, was charged with driving while intoxicated in addition to a felony county of first-degree aggravated unlicensed operator early Sunday morning following a traffic stop in the village of Corfu, Genesee County sheriff's deputies said. Deputies found that Slotta had three other suspensions on his state driving privileges, one of which pertained to an alcohol-related charge. Slotta was sent to Genesee County Jail in lieu of $15,000 bail.

Note: All of rhe above arrests were reported in published releases from the departments.

Tuesday:

• 7:59am, Ellicott Avenue, accident
• 8:52am, 20 Main St., accident
• 1:43pm, Cedar Street, trespass
• 2:55pm, Ellicot Street, accident
• 4:01pm, 45 Ellicott St., accident
• 4:20pm, W. Main Street, accident
• 11:57pm, 105 Washington Ave., harassment

Note: We don't include noise complaints, domestic disputes and routine police business.

Batvia City Police reported today that Michael J. Fitch, 21, of Wyoming, was charged with seventh-degree criminal possession of a controlled substance and criminal possession of a hypodermic instrument early Monday morning. Fitch was found in a vehicle reported stolen by the Genesee County Sheriff's Office, parked on Seneca Avenue, and he was allegedly in possession of cocaine and syringes. He was turned over to sheriff's deputies.

Monday:

• 11:26am, 30 Buell St., criminal mischief
• 12:33pm, 34 Swan St., accident
• 2:33pm, 8351 Lewiston Road, larceny
• 3:11pm, 3 McKinley Ave., criminal contempt
• 8:39pm, 700 Ellicott St., harassment

Note: We don't include noise complaints, domestic disputes and routine police business.

Friday:

• 4:44am, 500 E. Main St., criminal mischief
• 3:25pm, 565 E. Main St., accident
• 4:46pm, 627 E. Main St., criminal mischief
• 5:46pm, 413 W. Main St., larceny
• 6:48pm, Walnut Street, harassment

Saturday:

• 3:55am, 11 Wood St., larceny
• 10:11am, 200 Oak St., larceny
• 12:54pm, 125 Liberty St., criminal mischief
• 2:37pm, W. Main Street, accident
• 6:34pm, 21 Holland Ave., harassment
• 6:49pm, 2 Olyn Ave., harassmemt

Sunday:

• 8:32am, 639 E. Main St., larceny
• 10:01am, Ellicott Street, accident
• 10:53am, Cedar Street, criminal mischief
• 12:42pm, 23 Birchwood Dr., accident
• 3:32pm, Ellicott and Liberty streets, accident
• 9:28pm, 17 Holland Ave., criminal mischief

Note: We don't include noise complaints, domestic disputes and routine police business.

Batavia police conducted what they call "a compliance check" Friday night in the city to see if alcohol was being sold to minors. Seventeen stores were visited by underage youths working with the police. Three were in violation.

• Laura A. Smith, 49, at CVS on West Main Street.
• Rachel Chaddock, 19, at Southside Deli on Ellicott Street.
• Tsige Tamirat, 46, at the M & T Express on West Main Street.

Summons were issued to the individuals for violating the Alcohol and Beverage Control Act that addresses the prohibited sale of alcohol to persons under 21 years of age. The compliance check was funded by the Genesee Council on Alcohol and Substance Abuse.

From the Daily News (Friday):

• Genesee County "officials" told reporter Paul Mrozek that the investigation into the murder of Janet Kirkup will focus on Darien or Pembroke. Robert Kirkup recently confessed to the murder of his wife, Janet, during a cross-country trip in 1992, and it is believed that her body is buried somewhere near a campsite in Darien. Genesee County District Attorney Lawrence Friedman said that the cause of death "may be strangulation." The search for the body has not yet begun.
• Batavia Downs celebrated the grand opening of its new restaurant, Grandstands, on Thursday. Reporter Tom Rivers was there to get some color and chat with the officials about the Downs' continued success. In a sidebar to the story, it's reported that the Downs recently warranted a check from the state for $286,274, "money that will be used to offset some proerty taxes." It sounds as if the money goes to the communities: to the county, the city and the town. The city is supposed to get nearly $500,000, and the town should receive a little more than $175,000. I wonder how that works. Where does that money come from? Tom Rivers and Paul Mrozek write that the state gives money to "host communities with video gaming centers." Doesn't that sound strange? Hey, community, good job promoting gambling, here's some cash to do with what you please. Am I being too cynical or misunderstanding this?
• "Officials" from Genesee and Orleans counties had "the beginning of a discussion" about potentially creating a regional jail. It seems people are interested in talking about it, but little else is really decided at this point.

For the complete stories, the Daily News is available on local newsstands, or you can subscribe on BataviaNews.com.

The Batavian picked up a story from the Daily News earlier about Robert Kirkup, a 68-year-old man from Big River, California, who was extradited to Genesee County Jail following Kirkup's recent confession to the murder of his wife during a camping trip back in 1992.

We thought to poke around a bit more online to see if we could dig up some more details on Kirkup, why the 16-year-old cold case was reopened and how detectives got a confession out of a man who admitted nothing for so long.

WHEC News-10 NBC in Rochester had the story posted on its Web site.

The Michigan State Police opened an investigation into the disappearance of Janet Kirkup because at the time, the Kirkup’s were living in Jackson, Michigan. Eventually Robert Kirkup moved to Big River, California, which is located in San Bernardino County. Until this June, Janet Kirkup’s whereabouts and the circumstances surrounding her disappearance were unknown.

After Robert Kirkup relocated to Big River, California, the Kirkup’s daughter, Susan Waller persuaded the San Bernardino County Sheriff’s Department to interview her father into the disappearance of her mother.

While being interviewed by officers from the Sheriff’s Department, Kirkup revealed that he was responsible for Janet Kirkup’s death. Members from the New York State Police Troop A Violent Crimes Investigative Team flew out to California and interviewed him. The investigation revealed that in August of 1992 while camping in Genesee County, Mr. Kirkup killed his wife, Janet Kirkup. 

The Press-Enterprise of Riverside, California, explained that the murder of Janet Kirkup may have been solved thanks to the renewed efforts of cold-case homicide detectives in San Bernardino County's sheriff's department. Ontario, California's Inland Valley Daily Bulletin profiled the detectives and their two most recent successes earlier this week.

From the Daily News (Thursday):

• A 68-year-old California man who confessed June 17 to the murder of his wife back in 1992 was extradited to Genesee County Jail on murder charges. Robert Kirkup's wife, Janet, went missing in 1992 when the couple was traveling across country in a mobile home, and an investigation into her disappearance went "cold" in 1999. Detectives in San Bernardino County in California reopened the case on June 10 and took Robert Kirkup into custody following his confession. It is now believed that Janet Kirkup's body is buried somewhere in Genesee County.
• A story on the front page about United Memorial Medical Center potentially losing IDA funding was reported yesterday on The Batavian — including a link to full coverage of the issue by the Buffalo News.
• The New York State School for the Blind held its graduation and student awards ceremony yesterday. Amanda Benoit, David Roberts, Andrew Hershelman, Amy Mae Snyder and Catherine Truesdale got their diplomas, and dozens of others were honored with awards.
• Reporter Roger Muehlig does a good job writing up the current exhibit at GO ART! in Batavia. The show is titled Artitude and features works in pen and ink, watercolor, colored pencil and crayon by members of the Genesee County Mental Health Association's Social Club. You can see the show at the cultural center at 201 E. Main St., Batavia. The gallery is open from 9:00am to 4:00pm daily.

For the complete stories, the Daily News is available on local newsstands, or you can subscribe on BataviaNews.com.

Monday:

• 8:25am, E. Main Street, accident: motor vehicle and bike
• 10:12am, Ellicott Avenue, accident: motor vehicle and bike
• 11:09am, 119 State St. (Apt. 4), harassment
• 3:48pm, [no address given], harassment
• 3:57pm, 16 Liberty St., larceny
• 5:34pm, 439 E. Main St., criminal mischief
• 6:48pm, 131 State St., criminal mischief
• 7:15pm, 37 Union St., criminal mischief
• 7:55pm, 26 Maple St., harassment

Tuesday:

• 10:58am, E. Main St., accident
• 5:25pm, 54 Hutchins St., harassment
• 6:43pm, Oak Street, accident: motor vehicle and pedestrian

Note: We don't include noise complaints, domestic disputes and routine police business.

Batavia City Police responded to a harassment call at 119 State St. last night, where they were told that 48-year-old Lynn Ells had threatened to kill the individual who had contacted the police. When the officers arrived, Ells allegedly retreated inside up to the second floor apartment of the house, where she shouted from the window and threatened to kill the officers.

Negotiations between the officers and Ells were enough to calm the situation somewhat until the state troopers arrived and continued to negotiate. The police eventually confronted Ells, who then displayed a knife and again threatened the officers. She was disarmed, subdued and taken to the hospital for a mental health evaluation.

Ells currently faces charges of disorderly conduct, harassment, menacing a police officer, criminal possession of a weapon and resisting arrest.

There was no information in the police report about how the incident started.

Following the arrest of a Bergen man over the weekend for possessing several cartons of untaxed cigarettes purchased at an American Indian reservation, WBTA sent out their crack team of investigators to find out just where the legal line is drawn for buying smokes from a reservation.

It turns out, the law is not very tolerant on this issue. Genesee County Sheriff Gary Maha told Dan Fischer that if you've got any more than two cartons of untaxed cigarettes, "you put yourself at risk." I especially enjoy the phrasing, though I can't say if it's all Dan Fischer or Gary Maha. Of course, you put yourself at risk if you've got a lot of smokes. But I would have assumed the risk was to your lung health, not the risk to get booked with misdemeanor tax evasion!

Sheriff's deputies reported that the "bust" over the weekend was made when a fellow was already pulled over for a traffic stop and was found in possession of 2,200 cigarettes. If my math is correct, I believe that's 11 cartons.

Maha did stress, however, that deputies are not actively out looking to nail people for buyig cigarettes from a reservation. But if you get pulled over for something else and you happen to have 11 cartons in your passenger seat, you may just be held responsible.

Friday:

• 1:17am, 651 E. Main St., accident
• 12:07pm, 29 Liberty St., criminal mischief
• 12:23pm, 12 Central Ave., larceny
• 1:39pm, 4138 W. Main Street Road, criminal mischief
• 2:49pm, 99 Jackson St., larceny
• 6:51pm, 119 State St. (Apt: 4), harassment
• 9:41pm, 522 E. Main St., accident

Saturday:

• 3:02am, 518 E. Main St., aggravated harassment
• 3:44am, 213 Bank St., criminal mischief
• 10:27am, Ross Street, harassment
• 12:20pm, 224 S. Swan St., accident
• 6:34pm, 2 Vine St., accident
• 8:32pm, 218 State St. (Apt: 9), harassment

Sunday:

• 1:15am, Hutchins Place, rape
• 10:32am, W. Main Street, accident
• 8:41pm, 145 Vine St., larceny
• 9:40pm, Swan Street, larceny

Note: We don't include noise complaints, domestic disputes and routine police business.

The following arrests were reported over the weekend:

• Adam M. Zastrocky, 23, of Bergen, was charged with aggaravated driving while intoxicated Friday night, Genesee County sheriff's deputies said. Zastrocky was stopped on Lake Avenue in Bergen and ticketed with driving without a front license plate.
• Dietrich Williams, 26, of 541 E. Main St. (Apt. A18), Batavia, was charged with fourth-degree grand larceny and third-degree unauthorized use of a motor vehicle Friday evening, city police said. Police were told that Williams had failed to return a rental vehicle.
• Kathy A. Lamotte, 50, of Stafford, was charged with second-degree harassment Saturday afternoon following reports that Lamotte had allegedly yelled at and thrown a rock at a homeowner, Genesee County sheriff's deputies said. Lamotte then left the area and was later charged by the LeRoy Police with driving while intoxicated.
• Several charges were filed at the Tom Petty concert at Darien Lake Saturday night. Genesee County sheriff's deputies charged Alan Frankosky, 26, of Tonawanda, and Zachary M. Rodriguez, 20, of Buffalo, with trespass. Timothy W. Stillwell, 24, of Trumansburg, was charged with second-degree harassment. Nicholas A. Todaro, 18, of Cheektowaga, was charged with disorderly conduct, as was Michael J. Grammariello, 21, of Palmyra, who was also charged with false impersonation. Grammariello was subsequently sent to Genesee County Jail in lieu of $750 bail.
• Welford C. Dempsy, 52, of Bethany, was charged with felony first-degree criminal contempt and second-degree harassment Saturday night, Genesee County sheriff's deputies said. Deputies were told that Dempsy had violated an order of protection and slapped the victim in the head during an incident.
• Daniel J. Nixon, 28, of Kenmore, N.Y., was charged with driving while intoxicated early Sunday morning following a traffic stop on Oak Street in Batavia, city police said. Nixon was also ticketed with making an improper turn.

Note: All of the above arrests were reported in published releases from the departments.