Bergen

A small barn has reportedly burned down at 5995 Sautell Road, Bergen.

Bergen fire with mutual aid from Byron and South Byron dispatched.

UPDATE 8:16 p.m.: Elba fire dispatched.

UPDATE 11 p.m.: Photos submitted by Melissa Dilcher, who also called it in and alerted the residents of the property.

A man accused of taking a teenage girl across state lines was scheduled for sentencing in Genesee County Court today but when his appearance time came, he wasn't in court.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

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Above, Mickey Hyde, left, and Charlie Cook, of Liberty Pumps.

BERGEN – The Bergen Business and Civic Association has put forth great effort to improve the quality of life within the Bergen community for many years. They also take the time and trouble to recognize those citizens of Bergen who donate their time and efforts to make Bergen a better place to live and work.

On Saturday, the BBCA sponsored a community recognition dinner at Batavia Country Club to honor those individuals who give above and beyond for the betterment of their community.

Honorees were Joe MacConnell, Marian Partridge, Sandy Partridge, Jennie Starowicz, Tom Williamson, Marty Dilcher, of Dilcher’s Excavating and Contracting, and Charlie Cook, of Liberty Pumps.

Mayor Anna Marie Barclay, president of BBCA, said it has been at least five years since the organization has publicly recognized its outstanding citizens. At a recent meeting, the membership decided it was time they paid tribute to those people who volunteer or do community service – sometimes quietly and other times when people are aware.

The committee accepted nominations and the honorees were selected.

Joe MacConnell was introduced by David Washburn. MacConnell has been a member of the Bergen Fire Department for more than 50 years and an avid supporter of all their functions. He is a school bus driver for Byron-Bergen Central School and is an advocate for the kids. He was overseer of Mount Rest Cemetery for many years. He is one of those people who, if you need a hand, he is there, Barclay said. She called him a good friend and a good neighbor.

Marian Partridge was introduced by former town supervisor Tom Cunningham. Partridge, 91, was a Home Economics teacher at Byron-Bergen. She is a member of the BBCA and the longest-standing member of the Triangle Club, having joined in the 1950s when it was formed as an offshoot of the YMCA. She started the library in Bergen and put the original monument in Hickory Park. She has been on the Village Planning Board for more than 20 years.

Sandy Partridge, who was presented her award by Anne Sapienza, works with Young Life, a youth organization from the Presbyterian Church. She regularly clears all the furniture out of her living room and makes dinner for up to 20 kids. She runs Food Link at her church, and arrives early to cook hot dogs for people as they wait in line.

Jennie Starowicz was recognized by Myrna List. Starowicz chaired Recycled Teens, a senior citizens group at the Catholic church. She was vice president of the Bergen Historical Society and has been involved in 4-H all her life. List, who like Starowicz comes from a farm family, said she has known Jennie all her life. Starowicz had eight sewing machines set up in her basement, where she invited girls to come in and work on their 4-H projects. She has been involved with the Genesee County Fair for 50 years. At one time she managed a 24-unit apartment house in Bergen, and although she only got paid for 15 hours a week, she spent much more time volunteering to do things for the residents.

Mayor Barclay chose to present Tom Williamson with his award. Several years ago when vandals stole or damaged all the bronze markers on veterans’ graves in Mount Rest Cemetery, Williamson replaced all the missing ones and cleaned and repaired the rest. While serving as the village’s code enforcement officer, if a resident had a problem, Williamson would go to their home after work and help them solve it. He has also been an active member of the American Legion.

Marty Dilcher, of Dilcher’s Excavating and Contracting, received his award from Karen Ely. Dilcher was honored for always helping people and businesses all over town. When a house next to the mayor’s home collapsed and dust covered the Barclay home, Dilcher came and gave them two books of car wash tickets. He loans golf carts free of charge for the Bergen Park Festival and other events.

Charlie Cook, of Liberty Pumps, was introduced by Mickey Hyde. Cook was praised for his community service and building a business that employs more than 250 people in Bergen. Cook stated, “I just do what I do.”

Sapienza, who is secretary of BBCA, said the recognition dinner was long overdue.

“We need to recognize people who contribute to our community,” she said.

Barclay said when she thinks of all the wonderful people in the community and all the wonderful things they do, she wishes they could honor them more often.

Each honored individual received a gift bag, and each one will have their name added to a plaque in the library building.

In addition to the recognition dinner, events which the BBCA supports in the community include the Bergen Park Festival for the past 26 years, and Children’s Easter Egg Hunt. They donate to community groups, such as Byron-Bergen Public Library, Mason’s Gift Basket Program, village Parks and Gillam Grant Community Center. They also publish the Bergen directory every two years.

There are three BBCA officers. In addition to Barclay and Sapienza, there's also Maria Rowland, who serves as treasurer.

The banquet committee for the recognition dinner was Maria Rowland, Myrna List, Connie Tiefel, Catherine Tater and Toby Cook.

Below, Tom Williamson and Bergen Mayor Anna Marie Barclay.

Below, Don Cunningham and Marian Partridge.

Below, Sandy Partridge, left, and Anne Sapienza.

Below, Karen Ely and Marty Dilcher, of Dilcher Excavating and Contracting.

Below, Myrna List, left, and Jennie Starowicz.

Below, Joe MacConnell, left, and David Washburn.

Below, Awards Dinner Committee, from left, Myrna List, Connie Tiefel, Katherine Tater, Maria Rowland and Toby Cook.

Alexander Edward Seegar, 30, of East Main Street, Corfu, is charged with endangering the welfare of a child and unlawful imprisonment in the second degree. He was arrested at 8:45 p.m. on Feb. 6 following the investigation of a domestic incident that occured at 2:30 p.m. that afternoon. It is alleged that Seegar acted in a manner likely to be injurious to a child under age 17 and that he prevented a person from being able to leave the incident by restraining tham. Seegar was arraigned in Village of Corfu Court and released. He is due back there on March 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Thomas J. Wolcott, 35, of Buffalo Street, Bergen, is charged with second-degree harassment and obstruction. He was arrested after a disturbance at 7:10 a.m. Feb. 5 on Bank Street in Batavia. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was then released on his own recognizance and is due back in court on Feb. 11. The case was handled by Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Anthony Wade Travis, 56, of South Street Road, Le Roy, is charged with unauthorized use of a vehicle without the owner's consent, and grand larceny in the third degree -- a Class D felony. He was arrested and arraigned in Le Roy Town Court on Feb. 7 for allegedly using a vehicle without permission at 7:07 p.m. on Jan. 18 in the 9300 block of South Street Road in Le Roy. Travis is due to return to Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Andrew Mullen.

John Patrick Cummings, 39, Dodgeson Road, Alexander, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; failure to use designated lane; failure to keep right (on a two-lane road); and failure to stop at a stop sign. Cummings was arrested at 1:37 a.m. on Feb. 5 on Ross Street in Batavia. Batavia Police Officer Nicole McGinnis noticed a vehicle that was driving erratically and she stopped it. After an investigation, Cummings was arrested on the charges. He was issued multiple tickets and is due to be arraigned in Batavia City Court on Feb. 19. McGinnis was assisted by Officer Joshua Girvin.

Jacob M. Paige, 19, of Bank Street, Batavia, is charged with criminal contempt in the second degree. Paige was arrested after allegedly being found in the presence of a protected party at 8:11 a.m. on Feb. 4 on Bank Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Felicia DeGroot.

Gerald Richard Soule Jr., 28, of Woodstock Lane, Brockport, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; speeding -- going more than 55 mph; and refusal to take a breath test. Soule was arrested after a traffic stop on Clinton Street Road in Bergen at 1:37 a.m. on Feb. 1. He was given traffic tickets and is to appear in Bergen Town Court on Feb. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jordan Alejandro.

Merrill Phillip Anthony, 46, of Bernd Road, Pavilion, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; speed not reasonable and prudent; and failure to obey a traffic control device. At 2:23 a.m. on Jan. 25, Genesee County Sheriff's deputies received a call about a vehicle off the road in the 6900 block of Junction Road in the Town of Pavilion. Upon arrival, they found the driver and sole occupant, Anthony, attempting to drive his vehicle out of a ditch. Upon further investigation, Anthony was arrested on the charges. He is due in Pavilion Town Court on Feb. 4. The case was handled by Deputy Brock Cummins, assisted by Deputy Austin Heberlein.

Robert William Devos, 31, of South Pearl Street, Batavia, is charged with falsely reporting an incident in the second degree. On Jan. 26, Devos turned himself in at the Genesee County Sheriff's Office on the pending charge. It stems from an incident that occurred at the Citgo Gas Station on Park Road in the Town of Batavia at 6:10 p.m. on Jan. 17. Devos allegedly reported to patrons and store staff that there was "an impending occurrence of an explosion in the store." Devos was processed at the Genesee County Jail and released with a ticket to appear in Town of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jared Swimline.

Nanette Louise Kappus, 63, of Angling Road, Corfu, is charged with: aggravated driving while intoxicated -- a BAC of .18 or higher; DWI; and driving left of pavement markings. Following a traffic complaint, Kappus was arrested at 6:59 p.m. Jan. 26 on Angling Road in Corfu. She was issued traffic tickets and is due in Town of Pembroke Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by David Moore.

Aaron W. Smith, 32, who resides in Oakfield, was arrested by Wyoming County Sheriff's Deputy Austin Harding on Route 39 in the Town of Castile on Jan. 25. He is charged with aggravated unlicensed operation of a motor vehicle in the third degree. While on patrol, Harding allegedly witnessed a passenger in Smith's vehicle, which was in front of the deputy's car, throw an item out of the moving vehicle. A traffic stop was initiated near Swyers Road. Smith was found to have two active suspensions on his driver's license out of Town of Alabama Court, where he is due at a later date. Smith's passenger was issued a citation for littering on a highway.

Octavio M. Tardy, 54, of Woodside Drive, Bergen, is charged with petit larceny. On Jan. 21 at 4:30 p.m. Tardy was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. Tardy was issued an appearance ticket and is due in Batavia City Court on Tuesday (Jan. 28). The case was handled by Batavia Police Officer Christopher Lindsay.

Tonya M. Weber-Jackson, 35, of Liberty Street, Batavia, is charged with petit larceny. On Jan. 20 at 7:35 p.m. Weber-Jackson was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Press release:

If you are someone who is civic-minded, independent, ambitious, enjoy exploring creative solutions to problems, and want to make an impact in your community, we want to talk to you about running for local office.

If you are interested in getting involved politically in any capacity, please reach out to us at geneseenydemocrats@gmail.com or www.geneseedemocrats.net

The following local elected offices will be voted on this November.

• Genesee County -- Sheriff, Treasurer, Family Court Judge, Coroner -- two positions

• City of Batavia -- one City Council at Large -- unexpired term

• Town of Alabama -- one Town Council -- unexpired term

• Town of Alexander -- one Town Clerk -- unexpired term

• Town of Batavia -- one Town Justice

• Town of Bergen -- one Town Justice

• Town of Byron -- one Town Justice

• Town of Elba -- one Town Justice, one Town Council -- unexpired term

• Town of Le Roy -- one Town Council -- unexpired term

• Town of Oakfield -- Town Justice, one Town Supervisor -- unexpired term, 1 Town Council- unexpired term

• Town of Pavilion -- Highway Superintendent -- unexpired term

James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

Brandon Lewis, owner of The Firing Pin in Bergen, didn't travel to Virginia this weekend to become a bit of a celebrity.

He just wanted to support fellow gun owners in a state facing potential gun laws as restrictive, or perhaps more so, than what has already been imposed on New Yorkers.

"In this day and age, we could never stand up against the government with all of their drones and tanks but this shows where we came from," Lewis said tonight during his drive back from Virginia.  "The government is us. The government is of the people and by the people and for the people and it's good to remind them of that, that there is a Second Amendment, which is a kind of check and balance."

Lewis brought with him his Barrett M82A1 rifle, a .50 caliber semi-automatic rifle, which is nearly five-feet long and weighs 29.7 pounds.

"I guess it's a certain eye-catching firearm and that was kind of the point," Lewis said. "If we're going to go, let's bring something we have and I know every time I bring it out to the shop, everybody drops what they're doing.  

"I didn't think it would be quite as popular as it was," Lewis added. "I thought I'd get some thumbs up and some high-fives but it got crazy at times."

As soon as one person asked to take a picture of Lewis, 10 more would join in, he said.

He's been featured in the Washington Post, New York Post, and the Virginia Mercury. 

Lewis said he made the trip for two reasons: One is gun owners in Virginia are facing a new restrictive gun law that appears to have support of the Virginia Legislature (Virginia is apparently dealing with the same kind of urban domination of rural counties that has beset New York) and there is also a law that would all but ban indoor ranges.

Lewis, of course, operates an indoor range.  

He said it's his understanding the law would either say indoor ranges need to be government-owned or that 90 percent of the customers would need to work for a government agency, such as police departments or the military, which, Lewis fears, would lead to range owners collecting data on users of their facilities that would then become data accessible by the government.

The rally was attended by an estimated 22,000 gun rights advocates and news reports indicate it was peaceful and without incident.

Lewis said he and his wife Anna-Marie were among the last to leave. As they were heading out of town, they listened to a public radio station that apparently has offices overlooking the public space where the rally was held. He said the announcers noted that the protest area was the cleanest they had ever seen it following a rally.

"We kind of took a Boy Scout attitude of 'leave no trace,' " Lewis said. "I don't know if that came from the organizers, the Virginia Citizens Defense League, or people just took it upon themselves but at the end, it was police-trash time and everybody picked up their garbage."

Photo: By Ned Oliver/Virginia Mercury. Used with the permission of the Virginia Mercury.

A two-vehicle accident with minor injuries is reported in Bergen at 7880 Clinton Street Road, east of Dublin Road. Bergen Fire Department and Mercy medics are responding.

UPDATE 2:40 p.m.: Fire command asks for a flatbed tow and says to tell the operator a vehicle is completely over and behind a guard rail, so it will need to be lifted up and over it, or the guard rail will have to be taken down in order to access the vehicle for removal. A guy wire is down and a first responder reports a power outage in the vicinity. Traffic control is needed.

A man who lives on Liberty Street in Batavia was arrested in the early morning hours Monday after a traffic stop in Bergen turned into a pursuit.

Edward George Ruckdeschel (inset photo), 57, was stopped by Genesee County Sheriff's deputies at 5:04 a.m. in the 7900 block of Clinton Street Road (Route 33).

He allegedly stole a vehicle from a residence in Orleans County. According to the Sheriff's Office, he led deputies on a vehicle pursuit, then a foot pursuit, which ended in the Town of Wheatland, Monroe County.

Ruckdeschel is being charged with: criminal possession of stolen property in the fourth degree -- a motor vehicle; second-degree obstruction of governmental administration; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; unregistered motor vehicle; failure to yield right of way when entering a roadway; no or inadequate head lamp; side windows non-transparent; and unauthorized stickers.

The defendant was issued appearance tickets and is due in Town of Bergen Court at 3 p.m. on Wednesday, Jan. 15.

The case was handled by Deputy Jordan Alejandro.

Submitted photo and press release:

BERGEN -- Jillian Menzie (third from left top photo) accomplished quite a feat last year, raising more than $4,000 for Arc of Genesee Orleans with the support of her fellow bowlers. Her goal this year was to raise more.

She didn’t disappoint, turning in $5,077 in cash and an additional $845 in gifts and gift cards. She did this with the help of league bowler Megan Jarkiewicz, who was able to accompany her on many of her fundraising trips through 11 towns in three counties.  

Three other Rose Garden bowlers helped raise an additional $327.80 in the effort: Landon Kent ($102.80); John Gabalski ($125) and his brother Hugh Gabalski ($100), bringing the grand total raised in cash to $5,404.80!

“Counting all the gifts, Jillian led the effort to collect over $6,240.00 for the Arc of Genesee Orleans,” Arc Community Relations coordinator Sandy Konfederath said.  “The funds have been targeted to help with technology needs and art program for our new GO TO Hub center at 64 Walnut Street, Batavia."

Jillian’s family has been raising money for Arc of Genesee Orleans since Jillian’s father Jerry was a youth bowler, and Jillian’s grandmother, Ellen Menzie, ran the Rose Garden’s Youth bowling league and was a Bowl-A-Thon volunteer. Jillian logged 43 hours of volunteer time collecting donations this fall and winter, ensuring a strong finish, as she gets set to tackle the last semester of her senior year at Byron-Bergen.   

At BBCS, Jillian is the Student Council president, National Honor Society president, and is a member of band, elite choir (Singing Silhouettes) and is in this year’s school musical, “School House Rock.” She played Varsity soccer and is a member of Varsity Club, Spanish Club, Alliance for Equality Club, attends school board meetings and is the school mascot.

Outside of school, Jillian is involved in the “Young Life” youth group, has a 190 bowling average and holds down a part-time job at McDonald’s. She intends to pursue a career in teaching or nursing and plans to continue volunteering and helping people throughout her life.

“Megan and I have been working together for a few years on this fundraiser,” Jillian said. “My hope is that she’ll carry iton in the years to come."

Besides bowling, Megan, a sixth-grader at BBCS, also plays soccer and basketball. 

Jillian wishes to thank the league bowlers who participated and the community and businesses who generously supported the event!

An accident with injuries is reported on the westbound off-ramp of the I-490 in Bergen.

Bergen fire along with the Bergen ambulance and Le Roy Ambulance Service dispatched.

The accident is not blocking.

Katty L. Jackson, 23, of East Main Street, Batavia, is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and unlawful imprisonment in the second degree. Jackson was arrested at 10:15 p.m. on Dec. 7 on East Main Street, Batavia, following an investigation into a physical domestic incident. She was arrested and arraigned in Batavia City Court and put in jail. No bail specified. She was due to return to city court Dec. 9. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Lindsay Christopher.

Nicole R. Griffin, 37, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested at 5:47 p.m. on Dec. 14 following a physical altercation inside Walmart in Batavia. Griffin was released on an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Miah Stevens.

Bleyke Z. Culver, 23, of Walnut Street, Batavia, is charged with second-degree harassment. Culver was arrested at 11:30 a.m. on Dec. 10 on Walnut Steet after allegedly threatening to subject a person to unwanted physical contact during a domestic incident. Culver was issued a computer-generated appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. Sahr was arrested at 8:48 p.m. Dec. 8 on Prospect Avenue in Batavia after allegedly showing up repeatedly at a residence and being told each time she needed to leave. Sahr was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Marc Lawrence.

Thomas James Noce, 26, of North Lansing Circle, Rochester, is charged with: aggravated driving while intoxicated -- a BAC of .18 or more; DWI; reckless driving; failure to stop at stop sign; and operating a motor vehicle while using a portable electronic device. Noce was arrested on Dec. 16 on Clinton Street Road in Bergen at 10:50 p.m. on Dec. 16 following the investigation of a motor-vehicle accident. He was issued appearance tickets and released and is due in Bergen Town Court on Jan. 8. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Matthew G. Vandyne, 57, of Purdy Road, Canandaigua, is charged with: driving while intoxicated -- second offense; DWI with a BAC of .08 percent or more, with a prior conviction; and drinking alcohol in a motor vehicle. Vandyne was arrested at 1:06 a.m. on Route 237 in Byron following an investigation. He is due in Byron Town Court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Linda Marie Doucette, 54, of Lake Road, Brockport, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and moving from lane unsafely. Doucette was arrest following an investigation of a motor-vehicle accident at 7:38 p.m. on Dec. 13 on Reuben Road on the Tonawanda Indian Reservation. She was issued appearance tickets for Dec. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Michael Lute.

Baillie Marie Schwab, 20, of Maxim Road, Attica, is charged with: driving while intoxicated -- a BAC of .18 percent or more; DWI; and open container of alcohol in a motor vehicle. Schwab was arrested at 5:07 a.m. on Railroad Avenue in Alexander following a complaint of a female slumped over the wheel in a vehicle in the middle of the roadway in Alexander. She was released on appearance tickets and is due in Alexander Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy James Stack.

Todd J. Pangrazio, 43, of Annamarie Terrace, Cheektowaga, is charged with aggravated unlicensed operation in the first degree and passing a red light. At 5:59 p.m. on Dec. 15, Pangrazio was allegedly observed passing a steady red light at the intersection of Main and Court streets in the City of Batavia. A traffic stop was conducted. It was determined that Pangrazio possessed a suspended NY non-driver ID with 10 or more scoffs on 10 or more dates. He was issued an appearance ticket and released on his own recognizance. He is scheduled to appear in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Eric J. McGill, 36, of Hutchins Place, Batavia, is charged with trespass. He was arrested at 5:37 p.m. on Dec. 14 in Walmart in Batavia after entering the business, from which he was previously banned. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Dan Coffey.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, was arrested on Dec. 10 on a bench warrant out of Batavia City Court. He was processed and arraigned in city court and is due back in court on Jan. 28. The case was handled by Batavia Police Officer Arick Perkins.

Guillermo Torres-Acevedo, 23, of Batavia, pled guilty today in Genesee County Court to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

The maximum possible sentence the Puerto Rico native could receive is six years in prison, with 10 years of parole afterward.

Torres-Acevedo will be sentenced on Feb. 18 in Genesee County Court, after he is first sentenced in Federal Court in Buffalo on Feb. 13.

On Wednesday, Torres-Acevedo pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

There is no promise of concurrency in county court with the federal sentence, which ranges from six and a half to up to 20 years in prison. The federal penalty could also include a fine of up to $250,000.

The defendant was arrested on Nov. 26, 2018 in Genesee County and charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

A vehicle is off the road and into the woods in the area of 7682 Clinton Street Road, Bergen.

Unknown injuries.

Bergen fire and Mercy EMS dispatched.

UPDATE 10:41 a.m.: The operator of the vehicle is at the Dunkin' donuts store at 8073 Clinton Street Road. A medic is going there to evaluate the driver's condition.

File photo and press release:

U.S. Attorney James P. Kennedy Jr. announced Wednesday (Dec. 4) that Guillermo Torres-Acevedo, 23, of Batavia, pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor to travel to engage in criminal sexual activity.

The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The plea is the result of an investigation by: the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for Feb. 13 before Judge Geraci.

 Editor's Note: Torres-Acevedo also faces charges in Genesee County Court and a plea deal is expected in the case, which is on the court calendar for 11:30 a.m. tomorrow (Dec. 6). Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Jerrol Paul Newell, 50, of East Main Street, Corfu, (photo above) is charged with: three counts of second-degree strangulation (Class D felonies); unlawful imprisonment in the first degree (Class E felony); and two Class A misdemeanors -- second-degree menacing -- displaying a weapon or dangerous instrument, and third-degree assault. At 7:50 a.m. on Nov. 29, Newell was arrested after the Genesee County Sheriff's Office investigated a domestic incident that occurred on East Main Street in the Village of Corfu. He was arraigned in Pembroke Town Court and put in Genesee County Jail with bail set at $50,000 cash. The case is still under investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Ryan DeLong. The Sheriff's Office was assisted by members of the Corfu Police Department, the Wyoming County Sheriff's Office and the New York State Police.

Mark T. Helm, 38, of State Street, Batavia, (inset photo left) is charged with second-degree assault and endangering the welfare of a child. Helm was arrested at 9:41 p.m. on Nov. 24 on State Street after allegedly striking a person, causing serious physical injury, all while in front of four children. Helm was arraigned in Batavia City Court and jailed without bail. He was due back in city court on Nov. 26. The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger.

Kiha S. McNear, 22, of Lake Street, Le Roy, (inset photo right) is charged with: criminal mischief -- intentionally damaging property; second-degree criminal contempt; aggravated criminal contempt -- previous conviction; and second-degree burglary -- illegally entering a dwelling. McNear was arrested at 9:35 p.m. on Nov. 25 at a resident on Walnut Street in the City of Batavia. He allegedly entered the residence of a person who has an order of protection against him and damaged some of the person's property. He was arraigned in Batavia City Court on Nov. 26 and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

Above photo taken after the arrest of Colby J. Swain, courtesy of NYS Police -Troop A, Batavia.

Colby J. Swain, 34, of Amherst, was arrested Nov. 30 by New York State Police and charged with criminal possession of a weapon in the second degree ("loaded firearm other than a person’s home"), a Class C felony, and criminal possession of marijuana in the third degree, a Class E felony. Swain was stopped at 1:45 p.m. on I-90 in the Town of Batavia for a vehicle and traffic violation. During the interview, troopers determined there was "probable cause to search the vehicle." A duffle bag which was locked with a combination lock was located inside the vehicle. Swain allegedly refused to cooperate with the investigation, which result in the troopers obtaining a search warrant for the bag. "Inside the bag that Swain claimed ownership of, was over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45-caliber pistol with an 8-round magazine" (in photo above). Swain did not possess a pistol permit. Swain was arraigned before the Town of Batavia Court and released under the supervision of Genesee County Probation. No return court date is available at this time.

Justin P. Mcgirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, age and address not provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street after they were allegedly observed in a physical fight by police at 1:07 p.m. on Nov. 23. They were issued appearance tickets and were due in Batavia City Court at 1 p.m. today (Dec. 3). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Jonathan Brice White, 27, of Buffalo Street, Bergen, is charged with second-degree criminal contempt. White was arrested at 3:15 p.m. on Nov. 13 after he allegedly repeatedly violated a full stay away order of protection by contacting the protected party. After his arraignment in Batavia City Court, he was jailed on $1,000 bail, cash or bond. He was due back in city court Nov. 26. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Raylynne M. Santiago, 20, of Walnut Street, Batavia, is charged with harassment and obstruction of governmental administration. Batavia Police Officer Peter Post arrested Santiago following a domestic incident reported at 12:50 a.m. on Nov. 24 in the vicinity of Jackson and Maple streets in the city. She was due in Batavia City Court at 1:30 p.m. today (Dec. 3). Post was assisted by Officer Stephen Cronmiller.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested after a trespass complaint was made at 11:35 a.m. on Nov. 20 at the Richmond Memorial Library on Ross Street in the city. He was due in Batavia City Court this afternoon (Dec. 3) to answer the charge. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Ross D. Rahn, 24, of Main Street, Le Roy, is charged with: stopping on a highway; moving from lane unsafely; and driving while ability impaired. At 1:28 a.m. on Dec. 2, Batavia police responded to a call of a vehicle parked crossways across the roadway on West Main Street near Vernon Avenue in the city. Rahn was subesquently arrested, issued appearance tickets, and is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Zachary J. Marrow, 28, of Manhattan Avenue, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent of more, and DWI -- first offense. Marrow was arrested at 12:31 a.m. on Nov. 16 on East Main Street in Batavia. He is due in Batavia City Court on Dec. 11. The case was handled by Bataiva Police Officer Miah Stevens, assisted by Officer Arick Perkins.

Gregory F. Frieday, 34, of Osterhout Avenue, Batavia, is charged with fourth-degree criminal mischief, a misdemeanor. On Nov. 17, Genesee County Sheriff's deputies responded to a complaint of criminal mischief for a broken exterior window at Batavia Downs. Following an investigation, it is alleged that Frieday broke an exterior window on the south side of the building. He was issued an appearance ticket and is due in Town of Batavia Court on Dec. 19. The case was handled by Deputy Brock Cummins, assisted by Deputy James Stack.

Melynda M. Gayhart, 31, of Hutchins Street, Batavia, was arrested on Nov. 25 on a bench warrant out of Batavia City Court. This stems from a larceny incident which occurred on Feb. 17 on East Main Street in Batavia. After her arraignment in city court, she was released and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Nicole McGinnis.