Rodney A. Barber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Aug. 22 in the City of Batavia that the defendant intended to cause, and did cause, physical injury to a person by means of a deadly weapon or dangerous instrument, in this case several -- "a can of corn, a toaster, a vase, a knife and glass dishes." In count two, Barber is accused of the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that on the same day at an apartment on South Main Street in the City of Batavia, that the defendant possessed "a dagger, dangerous knife, dirk, razor, stiletto" or another dangerous or deadly instrument or weapon with the intent to use it unlawfully against another person. In Special Information filed with the indictment, the District Attorney accuses Barber of having been convicted of the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, on Feb. 7, 2012, in Genesee County Court and that "conviction forms the basis for count two" of this indictment.
Steven R. Colombo is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 25, Colombo knowingly entered or remained unlawfully in a dwelling on East Main Street in Batavia with the intent to commit a crime. In count two, he is accused of criminal contempt in the first degree, a Class E felony, for allegedly violating a duly served order of protection. The defendant allegedly intentionally violated the order by some means of physical contact, or he attempted or threatened physical contact.
