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Le Roy

Man indicted on four felony counts after allegedly putting Deputy Brian Thompson at 'grave risk of death'

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Scott A. Kopper is indicted on first-degree assault, a Class B violent felony. It is alleged that on Jan. 8 in the Town of Pembroke, with intent to cause serious injury to another person, he caused injury to such person or to a third person, in this case Sheriff's Deputy Brian Thompson, by means of a dangerous instrument -- a vehicle. In count two, Kopper is accused of the crime of reckless endangerment, 1st, a Class D felony. It is alleged that on the same day, "under circumstances evincing a depraved indifference to human life," he recklessly engaged in conduct which created a grave risk of death to another person by closing the window of his vehicle thereby trapping Deputy Thompson's arm, and started to drive away, dragging Deputy Thompson with him. In count three, Kopper is accused of second-degree assault, also a Class D felony, for acting with intent to prevent a police officer from performing a lawful duty, causing physical injury to such person, Deputy Thompson. In count four, Kopper is accused of second-degree assault, another Class D felony, for allegedly intending to cause physical injury to another person, and causing injury to such person, Deputy Thompson, by means of a dangerous vehicle -- a vehicle.

Antonio A. Ayala and Ashley L. Alvord are indicted on drug-related charges stemming from contact with law enforcement on Nov. 19 in the Town of Bergen. Ayala is indicated for the crime of criminal possession of a controlled substance, 3rd, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug, cocaine, with intent to sell it. In count two, Alvord is indicated for the crime of criminal possession of a controlled substance, 4th, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances with an aggregate weight of one-eighth ounce or more. In count three, both Ayala and Alvord, are accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 years old, in this case a 4-year-old child.

Alissa A. Fodge is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property valued in excess of $3,000 from a convenience store in the Town of Bergen between Aug. 19 and Oct. 16. The value of the property is about $7,040.

Aaron M. Zastrocky is indicated for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Jeep on South Lake Road in the Town of Le Roy on Dec. 20 while intoxicated. In count two, he is accused of aggrevated driving while intoxicated, also a Class E felony, for having a BAC of .18 or more at the time.

Law and Order: South Lyon Street resident accused of resisting arrest

By Howard B. Owens

Richard Scott Ishmael, 49, of South Lyon Street, Batavia, is charged with endangering the welfare of a child and resisting arrest. Ishmael allegedly ignored Police Officer Peter Flanagan's commands and made lewd comments to the officer in front of his daughter, who is under age 17. While Ishmael was being placed in custody, he allegedly resisted arrest and continued to ignore officer commands.

A 17-year-old resident of Niver Road, Conesus, is charged with criminal possession of a controlled substance. The youth was allegedly found at 9:10 p.m. on April 26 at 127 North St. in possession of heroin.

A 17-year-old resident of Wood Street, Batavia, is charged with endangering the welfare of a minor. The youth is accused of knowingly hiding a juvenile runaway who had been reported missing for more than a week.

Eric M. Malecki, 33, of Prune Street, Batavia, was arrested on warrants for alleged parking on city streets between 2 and 6 a.m. Malecki was arrested following a traffic stop. He posted $200 bail and was released.

Harvey A. McMurray, 46, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. McMurray was arrested following a law enforcement and ambulance response to a medical call T.F. Brown's at 1:50 a.m., Sunday.

Gregory Seppe, 55, no permanent address, Batavia, is charged with appearance in public under the influence of drugs. Seppe was arrested following a request to check the welfare of a person on Ganson Avenue at 11:02 p.m., Sunday.

Lawrence E. Hanley, 63, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08, failure to keep right, leaving the scene of a property damage accident and improper right turn.  Hanley was allegedly involved in a property damage accident at 7:57 p.m., April 20, on Walnut Street. The accident was investigated by Officer Stephen Cronmiller.

Landrea D. Ames, 41, of West Main Street, Batavia, is charged with petit larceny. Ames allegedly stole $142.65 worth of meat from Tops.

Fabian Vazquez, 34, of Harvester Avenue, Batavia, is charged with failing to signal a turn and aggravated unlicensed operation, three or more suspensions on three or more dates. Vazquez was stopped at 8:54 p.m., April 26, on East Main Street, Batavia, by Officer Chad Richards.

Adam D. Jett, 21, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Jett was stopped by Officer Darryle Streeter at 3:14 a.m., April 24, on East Main Street, following a report of an intoxicated male getting into a car and leaving the parking lot of a convenience store.

Lisa Marie Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole a jacket from the lobby of the Genesee County Mental Health Office.

Structure fire at Oatka Creek Mobile Home Park, Le Roy

By Billie Owens

A structure fire is reported at the Oatka Creek Mobile Park at 8131 E. Main Road. Le Roy fire and ambulance are responding.

UPDATE 1:57 p.m.: A Caledonia pumper is en route with a full interior crew.

UPDATE 1:59 p.m.: Le Roy Engine 63 on scene; reporting nothing showing.

UPDATE 2:01 p.m.: Le Roy command reports there is some black smoke but it's from a kerosene heater; no fire.

UPDATE 2:06 p.m.: The Le Roy assignment is in service.

'Country Done Come To Town' concert at The Ridge

By Billie Owens

Western New York's newest family recreation and entertainment venue -- "The Ridge NY" -- hosts the 2014 Jam At The Ridge Concert Series. The series touts major recording artists along with regional and local favorites.

Starting at just $5 with children 12 and under FREE, some tickets have already sold out. Le Roy, NY/U.S.A. (less than an hour from Buffalo, Exit-47 from the Thruway) SAVE THESE DATES!

Event Date and Time
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Lineup of 2014 concert series in Le Roy announced, hosted by 'The Ridge NY'

By Billie Owens

Press release:

Western New York's newest family recreation and entertainment venue -- "The Ridge NY" -- hosts the 2014 Jam At The Ridge Concert Series. The series touts major recording artists along with regional and local favorites.

Starting at just $5 with children 12 and under FREE, some tickets have already sold out. Le Roy, NY/U.S.A. (less than an hour from Buffalo, Exit-47 from the Thruway) SAVE THESE DATES!

  • May 31st -- Country Done Come To Town (2 to 10 p.m.)
  • June 7th -- Josh Thompson (5 to 10 p.m.)
  • June 21st -- John Michael Montgomery (5 to 10 p.m.)
  • July 12th -- Preacher Stone (5 to 10 p.m.)
  • July 26th -- Jason Michael Carroll with Zach Lockwood (5 to 10 p.m.)
  • Aug. 9th -- Blackberry Smoke (5 to 10 p.m.)
  • Aug. 23rd -- Phil Vassar (5 to 10 p.m.)
  • Sept. 6th -- Marshall Tucker Band (5 to 10 p.m.)

***All concerts subject to change; please double-check the Web site for confirmation.

The Ridge NY has done an excellent job of keeping costs and prices low so that everyone may participate while bringing exceptional talent to Western New York. Limited camping is available for those who'd like to Camp With The Bands.

The Ridge management attributes this success to a family friendly environment with activities and events for ages 2 through 92. Tents to large RVs are welcome and cabins are available for those who don't have their own equipment. There is something for just about everyone. If you’re looking for fun, The Ridge NY is the place to be.

Contact:
The Ridge NY
 info@TheRidgeNY.com
www.TheRidgeNY.com <http://www.TheRidgeNY.com>

www.JamAtTheRidge.com <http://www.JamAtTheRidge.com>

585-768-4883

801 Conlon Road, Le Roy, NY, 14482, U.S.A.

Local Gardeners Give Tips- Part 2, registration required

By Trisha Riggi

Thursday, May 8,  6:30 - 8:00 p.m.

Three local gardeners will each talk briefly, based on a suggested list of topics related to their gardening experience, including organic gardeing. Questions and answers with discussion to follow.  Presented by:  Mary Margaret Ripley, Rita Wallace, and Donna Phillips.

Participants may come to Part 1 and/or Part 2. 

Registration is required.  You may reister online at www.woodwardmemoriallibrary.org or by calling 585-768-8300.

Event Date and Time
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Local Gardeners Give Tips- Part 1, registration required

By Trisha Riggi

Wednesday, May 7,  6:30 - 8:00 p.m.

Three local gardeners will each talk briefly, based on a suggested list of topics related to their gardening experience.  Questions and answers with discussion to follow.  Presented by:  Barbara Tinney, Frank Davis, and Sandy Brady.

Participants may come to Part 1 and/or Part 2 (Part 2 is on Thursday, May 8, from 6:30 to 8 p.m.. 

Registration is required. You may register online at www.woodwardmemoriallibrary.org or by calling 585-768-8300.

Event Date and Time
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Law and Order: Suspect arrested for alleged fight at local bar

By Howard B. Owens

David J. Swartz, 53, of Washington Avenue, Batavia, is charged with harassment, 2nd. Swartz is accused of punching another person while at The Harvester at 1 a.m., Thursday. Swartz was issued an appearance ticket and released.

A 16-year-old resident of Thorpe Street is charged with harassment, 2nd. The youth was allegedly involved in an incident on State Street at 3:09 p.m., Monday. She allegedly grabbed the hair of another person and began a physical altercation with her.

Wassim S. Issa, 50, of Sunnyside Road, Shinglehouse, Pa., is charged with issue a bad check. Wassim was arrested by Lancaster PD and turned over to Batavia PD in Corfu. Issa posted cash bail and was released.

Chad Ryan Smith, 19, of Church Street, Middleport, is charged with unlawful possession of alcohol by a person under age 21 and drinking alcohol in a motor vehicle. Smith was reportedly a passenger in a vehicle stopped at 1:13 a.m. Thursday on Judge Road, Oakfield, for alleged traffic violations by Deputy Joseph Corona.

Daivid Lea Stanley, 20, of Nichols Street, Lockport, is charged with unlawful possession of marijuana, drinking alcohol in a motor vehicle, speeding, failure to dim lights and side wings/windows non-transparent. Stanley was stopped at 1:13 a.m. Thursday on Judge Road, Oakfield, by Deputy Joseph Corona.

Debra Lynn Haccket, 55, of Craigie Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moved from lane unsafely. Hackett was stopped at 12:39 a.m. Wednesday on Main Road, Stafford, by Deputy Joseph Corona.

Alex S. Dumbleton, 20, of Jackson Street, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Dumbleton was allegedly involved in a domestic dispute with his girlfriend at 1:30 p.m. Monday. Dumbleton was jailed on $2,500 bail or $5,000 bond.

Brandon P. Duell, 32, of Saint Helena Street, Perry, is charged with failure to appear. Duell is accused of failure to appear on a traffic citation. Duell posted cash bail and was released.

Miguel A. Vargas, 23, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Vargas was stopped at 7:15 p.m. Monday on Route 237, Stafford, by State Police.

Le Roy FD shows off community pride with Oatkan Knights logo on trucks

By Howard B. Owens

Press release:

With the arrival of the fire department's new rescue truck the Le Roy Fire Dept. truck committee, with permission from commissioners, wanted to place a new decal on our apparatus to show our support to the community. What better way than through our kids... we decided to go with the school logo.

With the assistance from Principle Tim McArdle, who was able to send us the school logo, we then forwarded it to the company that letters all our apparatus and they were able to match the correct size and make the logo reflective.

The first set of decals arrived and was placed on the new rescue about a week ago and the others should be on shortly. The truck was brought to the school on April 21. Pictured below with the truck is Principle McArdle, Vice Principle Linda Lowe, Athletic Director Brain Moran and Coach Moran 3rd period gym class. Thank you to everyone involved and GO KNIGHTS!!!

Truck slams into pole on West Bergen Road, driver still inside

By Billie Owens

A pickup truck slammed into a pole at 8596 W. Bergen Road. The driver is still inside but can talk, according to a responder on scene. Le Roy fire and ambulance responding. Fire police are requested to shut down West Bergen Road at Quinlan and at Randall roads.

UPDATE 4:33 p.m.: Once the driver was extricated and evaluated by medics, he declined further medical assistance. National Grid is on scene to fix the pole. The road remains closed until the truck is towed and a tow-truck company is en route.

Law and Order: Man accused of marijuana and fireworks possession

By Howard B. Owens

Brandon Michael Woodham, 22, of Wheeler Road, Medina, is charged with unlawful possession of marijuana and unlawful dealing with fireworks. Woodham was stopped at 5:27 p.m. Friday on Veterans Memorial Drive by Deputy Joseph Loftus and found to allegedly possess fireworks and marijuana.

Scott M. Walton, 57, of Spencerport, is charged with DWI, driving with a BAC of .08 or greater and failure to dim lights. Walton was stopped at an unspecified time and unspecified location by a Le Roy PD officer.

Jamie L. Rennicks, 30, of Pembroke, is charged with DWI and driving with a BAC of .08 or greater. Rennicks was stopped at 2:10 a.m. Saturday on West Main Street Road, Batavia, by a State trooper.

Le Roy native and GGC grad now a police officer in Florida and published author of two books

By Billie Owens

Press release:

From the Village of Le Roy to Florida's Treasure Coast, John Scanlan may now live far from his childhood home, but the lessons he learned in Western New York and at Genesee Community College are still with him. A police officer in Palm Beach, Fla., Scanlan is also a writer. His second crime novel, "Victims of Circumstance," has just been published by Sunbury Press, Inc. His first book, "Of Guilt and Innocence," was Sunbury's best seller for February and March 2013.

Scanlan grew up in Le Roy, where his parents Mary and John Jr., and siblings, Beth, Tim and Tom still live. He now lives in Stuart, Fla., with his wife, Jessica, and children Alexandra (5), Taylor (4), and Ben (9 months).

After graduating from Le Roy High School in 1999, Scanlan came to Genesee Community College where he majored in Computer Science and played on the Cougar baseball team. He graduated in 2001 and continued his studies at the College at Brockport.

"Two great spring training trips to Myrtle Beach, SC., and Cocoa Beach, Fla., as well as the everyday camaraderie with my teammates really enhanced my time at GCC," he recalls. "Though I changed my major to Criminal Justice after leaving GCC, the things I learned while earning an associate degree in Computer Science have really helped me in my job as a police officer.

"Having more than just a working knowledge of computers certainly gives me an advantage in law enforcement, not to mention helps with my other job as a writer."

From 2001-2004, Scanlan worked for the Department of Homeland Security and the United States Border Patrol. In 2005 he joined the police department in the Town of Palm Beach where he serves on the Crisis Intervention Team and regularly encounters material that inspires his writing.

His first book, "Of Guilt and Innocence," tells the story of a 5-year-old girl's kidnapping from an affluent community in Boca Raton, Fla. Reviewers on Amazon call it an "amazing book" with a "really exciting conclusion." "I could not put it down." There are similar reviews for his second novel, "Victims of Circumstance," which chronicles how new evidence sets a convicted killer free and how that impacts the victim's husband.

Scanlan believes his ability to write about the emotions involved in a criminal investigation sets his writing apart.

"I know what investigators go through when they deal with difficult situations. And as a father...I know how that then affects your perspective on things," he said in an interview on the blog Author Quiz.

Scanlan says his writing began as a "secret hobby" that he pursued further when he found himself with some quiet hours at home. Depending on his schedule, he writes between one and three hours a day, but sometimes doesn't write at all.

"I never push it and that keeps it fun and me looking forward to it," he said on another blog.

Copies of both of Scanlan's books will soon be available at GCC's Alfred O'Connell Library.

Grand Jury indicts two people for DWI crimes

By Billie Owens

Here are the latest indictments issued by the Genesee County Grand Jury.

Duane L. Garlow is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Dec. 18, in the Town of Le Roy, he drove a 2013 Chevrolet on Perry Road while intoxicated. In count two, Garlow is indicted for the crime of driving while intoxicated, per se, also a Class E felony, for allegedly having a BAC of .08 or more at the time.

Robin L. Santarini is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Feb. 17, Santarini drove a 2014 Chevrolet on I-90 and in the Pembroke Service Area parking lot while intoxicated. In count two, Santarini is indicted for the crime of driving while intoxicated, per se, also a Class E felony, for allegedly having a BAC or .08 or more at the time.

Le Roy PD asks for information on residential burglaries reported Wednesday

By Howard B. Owens

Le Roy PD is looking for the public's assistance in identifying suspects involved in daytime residential burglaries Wednesday.

The burglaries occurred in the area of 90s block of Lake Street and the 50s block of Myrtle Street, most likely between 3 a.m. and 9 p.m.

No information was released on what may have been stolen.

Le Roy PD is asking residents to keep their doors and windows locked in order to make their homes less attractive targets for thieves. 

Anyone having any information or who saw any suspicious persons in those areas during that time are asked to please call the Le Roy Police Department at 585-345-6350.

Drug days behind him, former Oatkan Knight gets another shot at life and football

By Howard B. Owens

On a cruel April morning in 2011, Craig Tiberio looked at himself in the mirror. The man he faced stood accused of dealing drugs and assaulting a police officer. Looking at that mirror affixed as it was to a jailhouse wall, Tiberio didn’t like what he saw.

“I was at the end emotionally,” Tiberio said. “I knew there wasn’t anyplace to go but up unless I wanted to keep living the life that I was living. I obviously knew that if I got back on track, I had the potential — if I was motivated enough — to play sports again.”

As a high school junior, Tiberio had been a standout receiver for the Le Roy Oatkan Knights. He was at least a legitimate Division III prospect entering his senior season. All he wanted to do, or so he thought, was play football at the collegiate level.

Craig describes his childhood as challenging, chaotic, as anything but stable. Sports, especially football, was an escape.

“I always clung onto sports,” Craig said. “It was my time free from thinking about what was going on in my life.”

An injury changed everything. 

In the sixth game of his senior season, Craig Tiberio suffered a stress fracture in his spine.

That meant pain medication. It meant time away from the field, from his teammates, from everything that had kept him anchored.

It’s a familiar story in sports — injury, pain medication, followed by a need to self-medicate with whatever street drugs might be available. The pattern killed former Padres pitcher Eric Show. There are countless cases of high school and college athletes you never hear of whose lives were altered by drug use after an injury.

The story of Craig Tiberio is the story of a once-promising athlete who hit bottom and then turned his life around. He entered guilty pleas May 27, 2011 in Genesee County Court to assault, 3rd, criminal possession of a controlled substance, 4th, and to DWI. As he stood before Judge Robert C. Noonan that day, he faced a near certain four-year prison term. Back in court weeks later with positive progress reports, Noonan gave him a second chance. Step by step since, he’s made the most of it. He’s on the dean’s list at Buffalo State University. He volunteers with third- and fourth-graders in Buffalo. His assigned practice squad includes Buff State’s best players, and if he avoids injury, he has a shot of starting at tight end for the Bengals.

A passion for sports
It’s been long path paved by determination and family support since Tiberio gazed into the jailhouse mirror that April morning in 2011, with just the glimmer of a thought that maybe, maybe, he could rekindle his dream of playing college football and pursue a career in coaching.

He’s made it this far.

“You’ve got to ask yourself 'how bad do you want to be successful?' in any aspect of life,” said Tiberio after an early morning spring practice at Coyer Field.

He sat on a near-side bench under an optimistic blue sky while teammates who missed an earlier practice pushed 50-pound weights on their hands and knees up and down the sideline, from the 50 to the goal line and back, 10 times each.

“Some people are just completely content with working a minimum-wage job and being able to do anything they want, but for me, I appreciate freedom more than I ever did. Some people take that for granted. It comes with how much pain are you willing to deal with before you want your life to get better.”

When Craig was but a few months old, his mother moved him from Fairfax, Va., where he was born, to Le Roy. She started living with Art Nicomento, an electrician, and the couple stayed together until Craig was 5.

Then things started to unravel. According to Nicomento, Craig’s mother got hooked on drugs. The couple separated, but Craig stayed with Nicomento. Eventually, Nicomento became Craig’s legal guardian.

“He was a good kid, a smart kid,” Nicomento said. “I wanted to take care of him.”

Tiberio said he gravitated to sports at an early age. It was his salvation through years of turmoil. He doesn’t go into much detail, nor does Nicomento, but Craig clearly loves Nicomento, whom he calls “Dad.”

Talk to anybody in the community about Art and Craig and they will tell you, Nicomento was always there for his son.

By his sophomore year in high school, Craig Tiberio was turning heads on the gridiron, the hardwood and in track and field. Any sports story previewing Le Roy’s chances in the football or basketball seasons included Tiberio as integral to the team’s potential success.

As a junior, Tiberio stood 6’ 3” and weighted 175 lbs. He was athletic and fast. His junior year, he was the Section V champ in the long jump and the triple jump. He also ran on the team’s 400-meter relay team and won a few meets in the 3200 and the 100-meter dash. In basketball, there isn’t a game story that doesn’t list the strong forward as pouring in at least a dozen points and pulling down four or five rebounds.

In Le Roy, football is king and football was Tiberio’s passion. He combined speed, height and agility to haul in passes no defender could touch.

“I always had the attitude in high school, standing on the field across from another player, they can’t stop me,” Craig said.

Jim Bonacquisti, an assistant coach for the Knights, remembers Tiberio as a big play maker. A Tiberio TD reception helped stop a long Hornell home-winning streak. One of Tiberio’s big scores against archrival Cal-Mum came on a fourth-down reverse in a sectional semi-final. Then he intercepted a pass to help seal the deal.

Tiberio was named to the Livingston County Athletic Association’s all-star team on both offense and defense his junior year. (Le Roy is in the Livingston County footbal league). He was also named to the all-state team. He averaged 20 yards a reception and picked off seven passes playing free safety.

“I would rank him behind Mike Humphrey and Brandon Fulmer as far as the best we’ve had in my tenure,” Bonacquisti said. “Ironically, Craig getting hurt his senior season opened the door for Mike’s increased playing time in 10th grade. In Craig’s junior year, he caught anything near him, plus he was a pretty good safety. He wasn’t a big hitter, but he was usually around the ball.”

Unsportsman-like conduct
In his senior year, Tiberio said he was already hampered by a minor back injury, but continued to play. In five starts, he only had eight catches for 88 yards and one TD. On defense, he only had three tackles and two assists.

Friday night, Oct. 6, 2006 was homecoming for the Perry Yellowjackets. Unfortunately for the Perry student body, the Yellowjackets were scheduled to play their homecoming game against an undefeated Oatkan Knights team who would go on to win the Section V Class C title.

Tiberio was having one of his best games of the season with three receptions, including one for a TD, when late in the 4th quarter, with the Knights up 48-0, Tiberio snagged Heath Henrickson’s pass for an interception and returned it 33 yards before being tackled by a Perry player.

... More after the jump ... click the headline or the link below the picture ...

According to Tiberio, he was face down on the field after the tackle. The Perry player, he said, sat on his tailbone and then pulled up on his neck.

A flag was thrown for unsportsman-like conduct, but the damage was done. 

The next day, Tiberio went to a sports medicine clinic in Rochester where a doctor told him his season was over.

“I broke down in tears,” Tiberio said.

That spring, Tiberio graduated with his class. He enrolled at Genesee Community College, but also started hanging out with a party crowd in Le Roy.

Trouble didn’t start right away. 

When it did, Art Nicometo said he was slow to recognize Craig was using illicit drugs. He said his wife Renee picked up on it first, but Art was in denial.

“Once I became suspicious about what was going on, we started digging through his garbage,” Nicometo said. “We did this three or four times so he couldn’t deny it or say it belonged to somebody else. Renee confronted him and told him we knew he was taking pills. We had a talk and I told him he was heading down the wrong path. He was losing weight. It was impacting his grades in school. He agreed he had a problem and said he would work on it.”

It wasn’t until May, 2010 that Tiberio had a run-in with the law. Just before his 21st birthday, he was arrested for drunken driving. He was also accused of possessing a controlled substance and marijuana.

Yet, the drug use continued.

In October of that year, Craig was at somebody’s house on St. Mary’s Street in Pavilion and a fight broke out. Tiberio was charged with assault. The other person was charged as well, Craig said, and when both he and the other defendant said they wanted to drop the charges against each other, the case was dismissed.

As Craig Tiberio drifted through this period of his life, there was a family gathering one evening at the Nicometo home.

“They wanted to watch my highlight tape from high school,” Tiberio said. “I literally started getting really upset. I walked out of the room knowing that I was nowhere I wanted to be in my life.”

Drug-dealing suspect
Yet, Tiberio kept hanging out with the same crowd, doing drugs and not pursuing his dreams.

“I found it was easier to keep numbing up all of my emotions instead of taking the hard road at the time and getting clean and busting my hump to really get on track,” Tiberio said.

At some point in every addict's life, if they’re ever going to get into recovery, they hit rock bottom.

For Craig that point was April 19, 2011.

Somehow, Tiberio came to the attention of the Local Drug Task Force as a suspected dealer.

Using an informant, a buy was set up on Jackson Street in the City.

According to Sgt. Pete Welker, once the buy was completed and the informant walked away, plain clothes and uniformed members of the Task Force closed in.

Tiberio immediately realized he had been set up, Welker said, and he tried to assault the informant. Welker and his partner intervened. In the process, Welker’s finger was bent back and sprained and when his partner tried to mace Tiberio, Tiberio put his hand up, causing the mace to spray back into the detective’s face.

That evening, Welker and Sgt. Steve Mullen, then head of the task force, went to Art Nicometo’s house to execute a search warrant.

Nicometo said the investigators couldn’t have been nicer. They had all known each other for years, and Mullen and Welker were apologetic and explained the case was entirely about Tiberio and he was the only reason they were there to search the house.

The investigators told Nicometo what happened when the arrest went down and Nicometo said he was surprised that the scuffle was going to lead to a felony assault charge. He expressed some hope that the charge would be dropped, but the investigators were noncommittal.

Tiberio was found to possess cocaine, suboxone, drug paraphernalia, drug packaging, digital scales and $310 in currency.

“My first reaction was to call a bail bondsman, but when I called, he didn’t answer and later I was thankful he didn’t,” Nicometo said. “The next morning, Renee and I both said, the problem has got to stop. We’re not getting him out of jail. The only way he’s going to change his life is if he goes from bed to bed, from jail to rehab.”

At first, Nicometo said he couldn’t get any help from GCASA. He called several rehab facilities and couldn’t find a bed for his son.

“I was near giving up,” Nicometo said.

Then he finally reached the right person at GCASA and they were able to secure a bed for Craig.

His attorney, Tom Burns, had to be the one to escort Tiberio from the jail to GCASA, but Nicometo rode along and walked in the door with his son.

They were greeted almost immediately, Nicometo said, by four kids from Le Roy.

“One of them said, ‘hey, great, the old gang is all together again,' ” Nicometo said. “I didn’t have a good feeling.”

From GCASA, Tiberio transferred to Hope Haven. After he successfully completed that program, he transferred to a halfway house in Niagara Falls.

It was Craig’s choice, but Nicometo was against it from the start.

“As it turned out, it was a good decision, but it was tough dropping him off there,” Nicometo said. “It’s just around the corner from that casino and, well, you know what that neighborhood is like.”

During his six-months at the halfway house, Nicometo racked up quite a phone bill, since he allowed and encouraged Craig to call home every day.  

As he progressed in treatment, Tiberio started thinking about football again. Nicometo got his tapes together and sent them to the recruiter at Buffalo State.

Being coachable
One day a week, Tiberio was allowed to leave the halfway house for personal time with family. Typically, he spent the time with family in Le Roy, but one day, they set up a visit with Jerry Boyes, head coach of the Bengals.

Boyes is a Hollywood casting director’s idea of a college football coach. Tall, thin and as tough and straight as a 16-penny nail. On the field during practice, he talks with his players about dedication, hard work, commitment and discipline. 

To play for Boyes means you get to practice on time and learn your assignments. There is only one type of player on the field: the one who is coachable. Being coachable, Boyes told his players, means you don’t wilt when a coach yells at you. You learn your lesson, get better and never get yelled at a second time for the same mistake. Any other kind of player won’t be practicing with the team very long.

In the 1960s, he was an All-American QB for Ithaca. He was 1995’s NCAA Division III Coach of the Year. In two stints running the program, his record is 111-90.

“I was really nervous and really scared that with my situation he wouldn’t even give me an opportunity,” Tiberio-Shephard said. “As he said, he’s all about trust. I was completely open with him. He set some guidelines. He didn’t want me to be an issue or a bad influence. Once I had that in front of me, where he said I had an opportunity, that was just — well, I’ve always had a dream of playing college football and when I hurt my back, I just kind of gave up on it. Obviously, I had a lot of regrets.”

With those assurances, Boyes said of course he was open to giving Craig a second chance.

“I told him my expectation was that he stay true to what he promised me, that he stay clean,” Boyes said. “He made that commitment to me.”

As Tiberio continued his rehab, he volunteered at a soup kitchen in Niagara Falls.  Nicometo said that really helped the young man see a little clearer what the bottom of life was like and understand he didn’t want to go there.

As soon as he was able to, he enrolled at GCC again so he could work on raising his grades (having left previously with a GPA hovering around 1.0).  

Then, another setback.

Three weeks before the fall semester, an admissions councelor at Buffalo State said the college wasn’t going to admit a student with Tiberio’s criminal record.

That made Art Nicometo a little bonkers.

“I told them he’s already accepted at another SUNY school, at GCC,” Nicometo said. “He’s on the dean’s list. I told them, what you’re doing is wrong.”

He asked if there was an appeals process. They said there wasn’t. “Well, there is now,” Nicometo said.

Nicometo and the university wrangled back and fourth for two weeks before it reversed its decision.

That gave Nicometo and Craig a week and a half to find an apartment near the campus. They found one, but it wouldn’t be ready for another month, so for the first couple of weeks of college Nicometo shuttled the license-less Tiberio between his classes at Buff State and Le Roy.

Climbing a high hurdle
During the months of going through rehab, going back to school, planning for his future, Tiberio still wasn’t done with the Genesee County Court of Judge Robert C. Noonan.

He came to court in July 2011 knowing Noonan could sentence him then and there, but based on reports of his good progress, Noonan delayed his sentencing and ordered him back in court in November. At the November appearance, Noonan was again pleased with what he heard about Tiberio’s progress and set a new sentencing date of March 27, 2012.

Noonan isn’t the kind of judge to take lightly an assault on a police officer. While defendants with a history of drug abuse often get second, maybe even third, chances, Noonan takes respect for the law and those who enforce it seriously.

Tiberio knew, even with all of his progress and all of his family support, Noonan could still send him to prison. His attorney, Tom Burns, braced him for the worst and hoped for the best.

Burns stood up for his client in court.

"I've noticed he hasn't gotten all cocky about his treatment progress and he seems to accept the fact that this is something he is going to have to work hard doing for a long period of time, which is not only sobriety, but criminal-free living, which he intends to do," Burns said.

Rather than prison, Noonan put Tiberio on five years probation.

"The significance in not sending you to state prison tells me that you've climbed a very, very high hurdle to be here today and be in a position to get probation," Noonan told him from the bench.

The judge received dozens of letters of support for the defendant, but none were more important than the letter delivered to his office by Sgt. Pete Welker, one of the investigators Tiberio had assaulted.

“The gist of the letter is that I asked Noonan to give him a second chance, knowing that if he screwed up, Noonan would have a ability to send him to prison,” Welker said in an interview last week.

It’s routine for arresting officers to provide the Probation Department with letters about their interactions with defendants as part of the pre-sentence investigation. Welker’s first letter was a standard recommendation for a prison term. This was the first time in his 14-year drug enforcement career that Welker’s reversed course and retracted his first letter.

That simple twist of fate came about only because Welker happened to run into Tiberio at a Buffalo Bills game.

“I was walking through one of the tunnels and I saw him standing there,” Welker said. “I didn’t know how it was going to go, but I approached him and we stood there and talked for five or six minutes. He apologized and told me he was in some kind of assisted living, maybe a halfway house, in the area. He said he had been clean and wanted to go to college.”

After the chance meeting, Welker decided he wanted to know more about Tiberio’s progress and try to determine his sincerity, so he contacted Burns and asked for a meeting with the attorney and his client.

“The impression that I got that this was a kid who wanted to do the right thing,” Welker said.

In court, when Noonan spoke, Tiberio listened.

“Noonan put down some thick guidelines, pretty much a no-tolerance policy,” Tiberio said. “If I messed up at all, he was bringing the hammer down on me. I took that seriously.”

Handling adversity like a winner
By the time Tiberio was a Buffalo State Bengal, he had been away from football for six years.

A Le Roy football player is expected to be tough, disciplined, hard working and team-oriented, but Knights' Coach Brian Moran’s offense is built around the running game. 

Boyes prefers the faster-paced, pass-oriented spread offense.

The lack of playing time and the more complicated schemes had Tiberio feeling like a rusty fifth wheel his sophomore season.

“I didn’t know a thing,” Tiberio said. “It took me a whole season to understand my responsibility on a play-by-play basis.”

Even so, Tiberio impressed his coaches.

By his junior season, Tiberio was in line for regular playing time, but in the second game of the year, he broke his ribs and was out for the rest of the season.

This injury, this time, wasn’t a setback. He kept his nose in the books and his mind and body fit, focused on his goals. He made the dean’s list at Buffalo State and continued to do volunteer work in the community and on campus.

The way Coach Boyes sees it, what Craig has been through and how he conducts himself now shows a lot of character.

“Anybody can handle the wins,” Boyes said. “Faced with adversity, how do you handle that? And that’s one of the great results of athletics. You’re going to face adversity every game. I guarantee it. Dropped balls, fumbles, missed blocks. Guys are going to make mistakes. How do you handle that?

“I’m very proud of what’s going on here with Craig in overcoming this adversity that he’s had,” Boyes added. “I’m anxious to see him break out on the football field because he has all the physical tools to be a great football player for us. He just needs to stay healthy.”

At 24, Tiberio is the second-oldest player on the squad and Bonacquisti said it’s quite an accomplishment for any player at his age, especially after missing so many years of playing time, to come back and compete so well against 18- and 19-year-olds in Division III.

“I have tried to encourage him,” Bonacquisti said. “I know he got frustrated last fall (when he broke his ribs), but he is really fighting long odds to get on the field with his age. The fact he practices every day with kids much younger and he can hang with them is impressive. He is getting his degree; he’s on the dean’s list; and he’s hanging on the field with one of the better D3 schools in the area. I am real proud of how he has turned his life around.”

Academically, Tiberio is excelling. By the time he left GCC, he’d raised his GPA to 1.9 and now, in his third year at Buffalo State, his cumulative GPA is 3.6.

Education and football — that intertwined focus, Tiberio said, is a big part of why he stays out of trouble. At a Division III college, there are no football scholarships. Players need good grades to stay on the field. As Coach Boyes says, “Our players are here for the right reason.” On the flip side, football helps keep Tiberio’s non-classroom hours productive.

“I feel like if I were just going to school, I’d have more time to just get in a negative mindset or put myself in a bad situation,” Tiberio said.

Only a handful of Tiberio’s teammates know about his past. There are nearly 100 young men on the squad right now, many of them fresh out of high school. Tiberio said he’s found it easier to make friends with the older players, seniors mostly, and the ones who are easygoing and nonjudgmental.  

“They’re actually kind of amazed,” Tiberio said. “They see me today and the kind of person I am. They see I care about people so much and want to help them, so a lot of them don’t even believe what I came from. They just think I’m this nice suburban kid raised in a nice white family who had it easy. It was kind of shocking to most of them when I told them what I’d been through.”

And what he’s been through is a time and a place he swears he never wants to revisit. He’s got one more year of football eligibility and then he knows his playing days are over. He dreams of coaching, but makes no long-range plans. He’s focused on his senior year at Buffalo State, as a student and as an athlete.

“For me personally,” he said, “it’s just nice to be able to wake up in the morning and look in the mirror and be proud of myself.”

Law and Order: Oakfield woman accused of stealing business records from employer in Le Roy

By Howard B. Owens

Marianne B. Molaro, 53, of 2224 Ham Road, Oakfield, is charged with grand larceny, 4th. Molaro allegedly removed business records from her place of employment containing data of a scientific or technical process.

Meaghan L. Schiavi, 21, of 43 N. Main St., Perry, is charged with identity theft. Schiavi allegedly used credit card information from a friend and made a purchase in the Village of Le Roy.

Bernard Lee Evans, 43, of Cato Street, Pavilion, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Evans allegedly contacted his ex-girlfriend 16 times by mobile phone in an alleged violation of a court order of protection.

Bryon Gilbert Keller, 19, of Sumner Road, Darien, is charged with criminal contempt, 2nd. Keller allegedly violated an order of protection.

Justin L. Pyatt, 26, of Pearl Street, Batavia, is charged with two counts of harassment, 2nd, criminal mischief, 3rd, and petit larceny. During an incident reported at 4:40 p.m. Wednesday, Pyatt allegedly made threats to harm another person, took property that belonged to that person, shoved that person and hit a refrigerator causing damage to the person's property.

Paul Dennis Barth Jr., 23, of Cohocton Road, Corfu, is charged with criminal contempt, 2nd. Barth allegedly approached a person while in Tops Market whom he has been ordered by a judge to not contact at all. Barth then allegedly followed the person to the Sheriff's Office on Park Road. The alleged incident was reported at 3:15 p.m.. Barth was arrested by Officer James DeFreze and jailed on $2,500 bail or $5,000 bond.

Christopher R. Hoover, 27, of North Drive, Rochester, is charged with possession of a forged instrument, 2nd. Hoover was turned over to Batavia on a warrant after he was taken into custody by Greece PD. He was jailed without bail.

Law and Order: Woman arrested following alleged altercation on State Street

By Howard B. Owens

Melissa R. Piazza, 25, of State Street, Batavia, is charged with trespass, harassment, 2nd, and criminal mischief, 4th. Piazza allegedly told another woman that she was going to kill her, broke a screen window and was trespassing on residential property. The alleged incident was reported at 7:47 a.m. Sunday. Piazza was jailed on $1,000 bail.

A 17-year-old resident of South Main Street, Batavia, is charged with DWI driving while under the influence of alcohol, driving with no headlights and failure to keep right. The teen was stopped at 10:20 p.m. Saturday on West Main Street, Batavia, by Officer Matthew Lutey.

Jeremy A. Preston, 23, of Prospect Avenue, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Preston was stopped at 10:35 a.m. Thursday on Prospect Avenue by Officer Devon Pahuta.

Michael L. Williams, 34, of Ellicott Street, Batavia, is charged with harassment, 2nd, and two counts of endangering the welfare of a child. Williams allegedly slapped a child during a domestic incident. He also allegedly grabbed and punched a woman while a child was watching. Williams was jailed on $10,000 bail.

Bobby L. Mobley Sr., 55, of West Main Street Road, Batavia, is charged with aggravated unlicensed operation, 1st, refusal to take breath test and driving with inadequate stop lamps. Mobley was stopped at 11:37 p.m. Saturday on Central Avenue, Batavia, by Officer Jason Ivison.

Krisopher A. Anderson, 22, of North Lyon Street, Batavia, is charged with harassment, 2nd. Anderson was charged following a call for an alleged domestic incident at 2:40 a.m., Saturday.

Sara T. Cupler, 21, of Church Street, Alabama, is charged with unlawful possession of marijuana. Cupler was arrested by Officer Devon Pahuta following a call to assist another agency at a residence on West Main Street, Batavia.

Bernard Lee Evans, 43, of Cato Street, Pavilion, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Evans was arrested while incarcerated at the Genesee County Jail on new charges stemming from an alleged incident on March 26 on Starr Road, Pavilion. No further details released.

Christopher Edmond Nanni, 18, of Fox Road, Oakfield, is charged with unlawful possession marijuana and speeding. Nanni was stopped on Drake Street Road, Oakfield, at 12:07 a.m. Sunday, by Deputy Joseph Corona.

Michael A. Michalow, 56, of Baitz Avenue, Buffalo, is charged with felony DWI, felony aggravated unlicensed operation, 1st, driving without an ignitiation interlock, consumption of alcohol in a motor vehicle, no stopping/standing on public highway, refusal to take breath test and unlicensed operation. Deputy James Diehl was dispatched at 9:11 p.m. April 4 to a report of a disabled vehicle blocking the roadway on Ledge Road, Alabama. Following an investigation, Michalow was arrested and jailed on $15,000 bail.

Megan Theresa Gill, 20, of Church Street, Le Roy, is  charged with harassment, 2nd. Gill allegedly grabbed a victim's arms and held them behind his back during a fight, which was reported at 3:32 p.m. April 5 at a location on Perry Road, Pavilion.

Gregory A. Dejesus, 23, of Perry Road, Pavilion, is charged with harassment, 2nd. Dejesus is accused of striking a victim in her the face with a closed fist during an argument, which was reported at 3:32 p.m. April 5 at a location on Perry Road, Pavilion.

Aaron M. Hatt, 18, of Alexander, is charged with unlawful possession of marijuana and harassment, 2nd. Hatt was arrested by State Police following a report of an alleged incident at 11:03 a.m. Friday in the Town of Pembroke. No further details released.

Le Roy PD trying to identify person who put glue in locks of liquor store

By Howard B. Owens

Sometime during the early morning hours March 8, a person put glue inside the door locks of Mill Street Wine and Liquors, according to Le Roy PD.

The purpose of the act is undetermined but investigators speculate it could have been to further a crime or aid in a future crime.

The locks were damaged.

Investigators are looking for the public's assistance in identifying the man in the photo above.

Anybody with information that may help the investigation are asked to contact Le Roy PD at (585) 345-6350.

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