Le Roy

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

Le Roy police are continuing to investigate a possible fight in the area of 31 Myrtle Street early Saturday morning.

The initial reports of the 1:15 a.m. incident indicated there may have been shots fired, but none of the three men injured in the fracas suffered gunshot wounds.

The alleged fight seems to have involved five or six young men.

All three men who were injured were cut by a sharp object. One man was cut in the chest and treated at UMMC. Two other men were treated at Strong Memorial Hospital, one for a neck wound and the other for an arm wound.

No names have been released and no arrests have been reported.

Det. John Condidorio said in a statement:

As of this time it has been determined that there were two groups involved in an altercation in the area of 31 Myrtle Street, however the investigation is continuing to attempt to determine what actually transpired and no further information is available for release at this time.

The Le Roy Police Department is being assisted in the investigation by the Genesee County Sheriff’s Department, Genesee County Drug Task Force, New York State Police and the Genesee County District Attorney’s Office.

Anyone having any information relating to this investigation is encouraged to contact the Village of Le Roy Police Department.

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Le Roy Fire is being dispatched to 11 Mill St. for the report of a sparking and smoking dryer at the dry cleaners at that location.

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There was apparently a report of shots fired on or around Clay Street in Le Roy last night -- according to readers who contacted The Batavian -- at about 1:30 a.m.

Chief Chris Hayward of the Le Roy Police Department responded to our request for more information with this message: "We are currently conducting an investigation but at this point I have no further comment."

In a follow up e-mail, Chief Hayward confirmed that two people were taken to the hospital, but they did not have gunshot wounds.

"Can't tell you a lot at this point because we are getting different stories," Hayward wrote.

UPDATE 4:21 p.m.: Det. John Condidorio issued the following statement on behalf of the Le Roy Police Department:

On 01/23/2010 at about 1:15 A.M., The LeRoy Police Department received a report of a disturbance or break-in at a residence in the Village. Subsequently three persons required medical assistance and were sent to the hospital for treatment. Two of the three have been released and the status of the third is unknown.

The final two defendants suspected of taking part in a meth lab operation at 28 Clay St., Le Roy, have gotten their get-out-jail-free cards.

Christopher J. Elmore and Koree R. Stephenson appeared in court this afternoon and Judge Robert C. Noonan granted First Assistant District Attorney David Gann's request to release both pending dismissal of the State charges against them by a lower court.

Like their three other co-defendants, Elmore and Stephenson are facing Federal drug charges and will be on supervised release under Federal jurisdiction. Elmore is also facing charges out of Le Roy for allegedly passing fake $10 bills. No bail had been set in that case, and it was not a factor in today's short hearing.

Bail had originally been set at $75,000 on all five defendants. The original state charge against all five was criminal possession of a controlled substance 2nd.

Yesterday afternoon Kari L. Riggi was released in the afternoon and Nathan D. Bernard was granted release in the morning on the State drug charges, though he's still serving a 90-day sentence on another charge. Joshua A. Miller, who appeared in court with his attorney, was already free pending trial but under a noon to 8 a.m. home curfew, which only allows him time to go to work.

At the federal level, all five are charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore also faces an enhanced weapons charge.

NOTE: This post confirms what we first reported yesterday that all five were due for release and that local charges are in the process of being dismissed.

(Billie Owens contributed to this story.)

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

A former Le Roy Fire Department chief was sentenced this afternoon to 90 days in jail and five years probation for misappropriating public funds in 2006. He must also pay fees and fines totaling more than $2,500, plus adhere to a number of other stipulations.

Stephen C. Smith appeared in Genesee County Court wearing white sneakers, black slacks, a light gray sweater and shirt, with bandages on his right hand. He offered no comment when Judge Robert Noonan asked him if he had anything to say for himself.

Smith pled guilty in mid-October to forgery in the second degree.

He served as Le Roy's fire chief from 2004-08, and four more as an assistant chief.

"You certainly should be ashamed for what's brought you here today," Noonan told Smith, while acknowleging that part of Smith's punishment has already been self-inflicted.

"It's a blow to remove you from something you've long been associated with," Noonan said.

Genesee County Justice will supervise Smith's probation. He must provide a DNA sample and pay a $50 fee to be registered in the criminal DNA database. He can drink no alcohol and must submit to random testing. He must get a substance-abuse evaluation and write a letter of apology to those affected by his actions. He cannot associate with scofflaws and convicts.

Smith's Attorney Thomas Burns' asked that his client be allowed to pay his restitution at a rate of $50 a month, and Noonan agreed. The judge also agreed to a jail sentence of 90 days, instead of the six months sought by the Prosecutor Kevin Finnell.

Smith will serve the sentence at a rate of 48-hours weekly, from 10 a.m. Mondays until 10 a.m. Wednesdays.

Five people arrested in early December in connection with a suspected methamphetamine lab at 28 Clay St., Le Roy, now face federal charges as well.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arraigned in Federal Court in Buffalo on a charge of conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug-trafficking crime.

Besides the Genesee County charges resulting from the meth lab raid Dec. 10, Elmore was accused a week later by Le Roy Police with passing fake $10 bills.

Also charged were manufacturing and distribution were:

• Kari L. Riggi, 21, of 28 Clay St.
• Koree R. Stephenson, 22, 6539 Dodson Road, Wyoming
• Nathan D. Bernard, 21, 28 Clay St.
• Joshua A. Miller, 20, 51 Myrtle St.

None of those four defendants face the additional weapons charge, which is an enhancement that can lead to more time in a federal penitentiary.

Elmore, Stephenson, Riggi and Bernard remained jailed in Genesee County on $75,000 bail.

Miller is out of jail under the supervision of Genesee County Justice.

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

Seven months into her pregnancy, a Caledonia woman who admitted to stealing jewelry and guns from a Le Roy Home this summer, has been released from jail until after the birth of her baby.

Nicole L. Green, 23, was scheduled for sentencing today on her burglary 2nd conviction, but Judge Robert C. Noonan delayed sentencing and released Green to the care and custody of her parents for the final months of her pregnancy.

"I'm counting on your parents who I assume have the same concern for your baby as I do, and that if you violate any the terms of your release, you be taken away from your baby for a very long time," Noonan said.

Green was jailed without bail in November following a reported violation of the terms of her release while awaiting sentencing on her conviction. Green reportedly failed a test for substance use.

The young woman, visibly pregnant and dressed in orange jail garb, agreed with Noonan repeatedly that her parents would ensure she obeyed the terms of her release.

Noonan called her parents to the bench and asked them both if they would ensure that she stayed in their house 24/7 and report any violation immediately to the court. They said they would.

If Green abides by the terms of her release, rather than a prison sentence, Noonan could release her on a lengthy probation term.

An employee of a restaurant in the Village of Le Roy is accused of stealing food and possibly other items over a period of time from his employer.

Arrested was Shawn D. "Bucky" McCumiskey, 38, of 24 North Genesee St., Fillmore.

He is charged with one count of petit larceny.

McCumiskey was allegedly caught by another employee at 2:30 p.m. Dec. 23 removing product from the restaurant.

Det. John Condidorio investigated the alleged crime.

A 43-year-old teller for Bank of Castile is accused of stealing $45,000 from the Le Roy branch where she worked.

Tracy L. Smith, of 77 Rochester St., Bergen, was arrested by Le Roy Police Detective John Condidorio after a lengthy investigation.

Condidorio says that Smith's alleged thefts began in 2007 when she stole $20,000 from her cash drawer over a period of time. Smith allegedly manipulated the accounting system to cover up the theft.

Then, starting in June 2008 and continuing until December, Smith allegedly forged checks and deposit slips to steal another $25,000.

An alleged attempt by Smith to cover her tracks by removing a $20,000 lump sum from a cash delivery is what caused an investigation into her conduct to begin.

Smith is charged with two counts of grand larceny 3rd and four counts of forgery 2nd.

The Bank of Castile, through the Le Roy Police Department, is asking customers to review bank statements and notify the bank immediately if any unusual activity is found.

Assisting in the investigation was the Buffalo office of the FBI and the Bank of Castile.

I missed the details of the start of this call, but Le Roy Fire is responding to a fire alarm (first responder reports "nothing showing"), but the main twist on this call is that a train is stopped and blocking Route 19, so responders must take an alternate route.

UPDATE 5:37 p.m.: This is apparently a power-related issue. National Grid is being dispatched. Also, we learn that there was a power outage in the Village at 5 p.m. We still don't have a location for this call.

The Canadian woman who allegedly led local law enforcement on a high speed chase through Genesee County and into Orleans County on Dec. 19 has been charged with a series of vehicle infractions and a misdemeanor steaming from the incident.

Crystal Pinnock was arraigned today in Stafford Town Court before being released to Orleans County for arraignment on charges in that county.

Pinnock was charged with:

• Town of Le Roy, speed over 55 mph and unsafe passing.
• Town of Stafford, unlawful fleeing of a police officer (a misdemeanor), speed over 55, failure to yield to emergency vehicle, driving left of pavement markings and a misdemeanor count of reckless driving.
• Town of Batavia, speed in zone, driving left of pavement markings.
• City of Batavia, speed in zone, reckless driving (misdemeanor) and three counts of passed red light.

State Police will also press charges for alleged infractions in Elba.

Previously:

• Woman who reportedly crashed through border crossing chased through Genesee County
• Border Patrol says it notified local law enforcement of alleged illegal border crossing

An electrical box is reportedly smoking at 70 Main St., in Le Roy.

Le Roy Fire has been dispatched and mutual aid has been requested from Bergen.

UPDATE 8:16 p.m.: A police officer who entered the building reportedly told dispatch that there is no fire, but fuses keep popping.

UPDATE 8:20 p.m.: Firefighter on scene and says no smoke, no fire and the thermal camera shows no heat.  Another firefighter, "it looks like the only problem is we've got a burnt fuse."

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A Caledonia woman driving on Route 5 in Le Roy on Friday morning said she served to avoid a possible head-on collision, causing her car to travel off the opposite shoulder and hit a dumpster.

Cinthia Mae Seppe, 50, of 13 Birch Lane, suffered an internal injury and was transported around 11 a.m. to UMMC by ambulance.

The driver of the other vehicle is not known.

Seppe was westbound on Route 5 near Kenney Road at the time of the accident. She was driving a 1996 Chevrolet sedan.

The accident was investigated by Deputy Jason Diehl.

A Stafford man suffered a broken arm in an accident 2:43 a.m. Thursday after reportedly running his car off the road in Le Roy.

John Richenberg, 20, of 8891 Fargo Road, was charged with DWI.

Richenberg was reportedly eastbound on Route 5 when his car went off the south shoulder. The 2002 Ford SUV he was driving reportedly struck a small tree, then a larger tree and then a telephone pole.

A car is on its roof on the Thruway following a single-vehicle accident.

Le Roy Fire and Mercy EMS are responding.

No word yet on injuries.

UPDATE 1:44 p.m.: A reader sent in the mobile phone picture. No word as yet on whether there are any injuries and it sounds like Le Roy Fire is back in service.

Shauna L. McDonough, 39, 504 West Center St., Beech Haven, N.J. is charged with DWI, aggravated driving with a BAC of .18 or greater and unlicensed operation. Sheriff's deputies responded to a report of a single-car accident on Route 63 off Fargo Road. The car was reportedly well off the roadway. Sgt. Greg Walker investigated the accident and determined that McDonough was traveling at an unsafe speed and was allegedly driving drunk.

A 17-year-old girl from Batavia has been charged with petit larceny. She allegedly stole from her employer, Kmart.

Tammy J. Alexyn, 34, of 48 Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. Alexyn was stopped on Brown Road in the Town of Batavia by Deputy Jason Saile at 1:34 a.m. today.

Kristy L. Sherman, 23, of Bloomfield, has been charged by State Police with harassment. The alleged harassment took place in Le Roy Dec. 18 at 8:31 p.m. No further information available.

A Le Roy man jailed for allegedly writing $1,000 in bad checks now faces contraband charges.

Aaron L. Heale, 28, is accused of bringing a hypodermic needle into jail with him.

He is charged with promoting prison contraband in the 1st degree and criminal possession of a hypodermic instrument.

Further charges are pending a toxicology report on the needle.

Heale was arrested previously for allegedly using checks from a closed bank account to purchase more than $1,000 worth of items from a Le Roy store.  During the search of his apartment, investigators allegedly found drug paraphernalia.  He faces grand larceny and criminal possession of a controlled substance charges.