crime

Carolyn L Kurek, 80, of West Main Street, Batavia, is charged with trespass and harassment 2nd. Kurek is accused of refusing to leave a location on North Street.  After a lengthy negotiation with police, according to the report, the officers attempted to physically remove her, and she allegedly kicked and scratched the officers.  Kurek was issued an appearance ticket, transported to her apartment, and released.

Shane Kyle Logan, 50, of Meadville Road, Basom, is charged with criminal sexual act 3rd and incest 3rd.  Logan was charged following an investigation by Investigator Kevin Forsyth for an act alleged to have occurred on Aug. 30 in Basom. He was ordered held on $5,000 bail.

Teesean T. Ayala, 24, of Walnut Street, Batavia, is charged with trespass, obstruction of governmental administration, and criminal impersonation. On May 21, at about 6:05 a.m., police officers were dispatched to Vine Street to investigate a report of a male walking onto driveways and checking car door handles. A possible suspect was identified who then fled from police on foot through backyards in the northeast section of the city. The suspect was eventually apprehended and identified as Teesean Ayala. He is scheduled to appear in City Court at a later date.

Richard A. Demmer, Jr., 30, no permanent address, is charged with petit larceny and falsifying business records. Demmer is accused of stealing property from a residence on Towne Place, Alabama, on May 24. He then allegedly falsified a bill of sale at Pawn King on Veterans Memorial Drive. Demmer was arraigned and was released on his own recognizance. The case was investigated by Deputy Jenna Ferrando and Investigator Erik Andre.

Madison Lee McKenzie, 19, of Creek Road, Batavia, is charged with criminal contempt 2nd and endangering the welfare of a child.  McKenzie is accused of using Snapchat between May 28 and May 30 to send explicit messages and photos to a person under age 15 in violation of an order of protection.  McKenzie was arraigned and released pending her next court appearance.

Heather N. Holbrook, 38, of Walnut Street, Batavia, is charged with criminal possession of a narcotic with the intent to sell and criminal possession of a controlled substance 4th. Holbrook was a subject of a traffic stop by Officer Wesley Rissinger on May 17 at an unspecified location in the City of Batavia. At the time of the stop, the Sheriff's Office held an arrest warrant for Holbrook.  While being taken into custody, she was allegedly found in possession of a significant quantity of a narcotic. Holbrook was arraigned and released on her own recognizance. Also charged as a result of the traffic stop was Jeremy P. Holbrook, 40., of West Bergen Road, Bergen. He was charged with criminal possession of a controlled substance 7th.  He was issued an appearance ticket.

Nathaniel L. Beglinger, 31, of Peaviner Road, Alexander, is charged with criminal possession of a controlled substance 7th, criminally using drug paraphernalia 2nd, and obstructed view.  Beglinger was the subject of a traffic stop on May 17 on East Main Street, Batavia. He was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Rosemary R. Waters, 37, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Waters was allegedly found in possession of a controlled substance during a traffic stop on East Main Street, Batavia, on May 17. She was arraigned and ordered held on $1 cash bail.

Chantel C. Holmes, 23, of Walden Creek Drive, Batavia, is charged with assault 3rd and criminal mischief 4th. Holmes was reportedly involved in a disturbance on May 7 on Ellicott Street, Batavia.  She is accused of striking another person in the head with a shovel, which caused an injury. She is also accused of damaging property. Holmes was arraigned in City Court and released.

Donald F. Koziol, 55, of Franklin Street, Batavia, is charged with DWI and no/insufficient tail lamps. Koziol was stopped on May 14 on Ellicott Street by Officer Adam Tucker. He was released on an appearance ticket.

Ashley Davis, 34, of Walden Creek Drive, Batavia, is charged with DWI, unlicensed operator, and unsafe backing. Davis was arrested by Officer Andrew Mruczek on May 8 following an investigation into a report of a vehicle backing over a curb and striking another vehicle in a parking lot on North Street, Batavia. Davis was released on an appearance ticket.

A 17-year-old female resident of Ellicott Street,  Batavia, is charged with harassment 2nd. The youth is accused of striking another person while in an unspecified park in the City of Batavia on May 15. The youth was arraigned in City Court and released.

Kevin M. McCoy, 56, of East Main Stree, Batavia, is charged with trespass and harassment 2nd. McCoy was allegedly involved in a fight at a business on East Main Street, Batavia, on May 12. He was arraigned and released on his own recognizance.

Lakeisha A Gibson, 36, of Park Road, Batavia, is charged with criminal contempt 2nd. Gibson is accused of failure to comply with a subpoena to appear at a trial. She was issued an appearance ticket.

Zakara R. Jackson, 19, of Trumbull Parkway,  Batavia, is charged with criminal possession of a controlled substance 7th. Jackson was allegedly found in possession of a narcotic and drug paraphernalia when she was arrested on warrants on May 16. She was arraigned and released.

Jeanette L. Higgins, 47, of Ganson Avenue, Batavia, is charged with harassment 2nd. Higgins is accused of throwing an acquaintance to the ground during an argument on May 15. ßhe was issued an appearance ticket.

Jaqulyn Ann Dueppengiesser, 39, is accused of stealing an item from Walmart on Veterans Memorial Drive at 4:25 p.m. on May 23.  Her release status is unknown.

Jared Evan Flaming, 36, of Genesee Street, Darien, is charged with acting in a manner injurious to a child less than 17 years old, criminal mischief, and harassment 3rd. Flaming is accused of damaging a mailbox on Gabbey Road, Pembroke, while walking at 8:15 p.m. on May 27. He is accused of screaming profanities at the time and threatening a caller in the presence of children. Flaming was held in the Genesee County Jail pending his arraignment.

Joshua Rashad Brown, 25, of Spalding Street, Elmira, is charged with criminal trespass 3rd and harassment 2nd.  Brown is accused of entering an enclosed area of Darien Lake Theme Park on May 29 without permission. He was issued an appearance ticket.

Isrrael Obregon, Jr., 42, of Tucker Road, Walnut Cover, N.C., is charged with DWI, aggravated unlicensed driver 1st, misuse of dealer plate, unlicensed driver, and driver view obstructed. Obregon was stopped on May 29 at 4:22 on Pearl Street Road, Batavia, by Deputy Zachary Hoy.  He was issued tickets and released.

Hunter M. Passage, 22, of Batavia, is charged with DWI. Passage was stopped by State Police on May 29 at 9:08 p.m. in the Town of Batavia. He was released on an appearance ticket.

Miguel A. Rendon Fuentes, 39, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Fuentes was stopped on May 29 at 12:06 a.m. by State Police, He was released on an appearance ticket.

Brian E. Daggar, 37, of Elba, is charged with DWI and aggravated unlicensed operation 3rd. Daggar was stopped by State Police in the Town of Batavia on May 27 at 12:41 a.m.  He was released on an appearance ticket.

Lavar V. McKnight, 45, of Rochester, is charged with petit larceny and criminal contempt 1st. McKnight was arrested by State Police in connection with an incident reported on May 25 at 9:20 at an unspecified location in the Town of Batavia.  He was ordered held.  No further information released by State Police.

Trinity N. Wright, 20, of Syracuse, is charged with conspiracy 5th, grand larceny 3rd, and criminal possession of stolen property 3rd. Alexis M. Stackhouse, 26, of Syracuse, is charged with conspiracy 5th, reckless endangerment 1st, grand larceny 3rd, and criminal possession of stolen property 3rd. Noemi Morales, 23, of Syracuse, is charged with conspiracy 5th, possession of burglar tools, grand larceny 3rd, and criminal possession of stolen property 3rd. Wright, Stackhouse and Morales were arrested by State Police in connection with an incident reported on May 25 at 12:42 a.m. Both were ordered held in custody.  No further information was released by State Police.

Jamie Lee Broadbent, 40, of West Main Street, Batavia, is charged with grand larceny 4th.  Broadbent is accused of stealing a wallet while at Walmart at 9:02 p.m. on March 20. The wallet reportedly contained cash and multiple credit cards. Broadbent was arrested following an arrest and investigation by Erik Andre. Broadbent was arraigned in Batavia Town Court and ordered to return at a later date.

Adam Daniel Smart, 40, of East Main Street, Batavia, is charged with forgery 2nd, possession of a forged instrument 2nd, criminal possession of stolen property 5th and petit larceny.  Smart is accused of stealing $800 in cash and a black check from a location of Fargo Road on Feb. 14. He is accused of attempting to forge and cash the check on Feb. 16 at the Bank of America in Batavia. Smart was arrested on May 13 and held pending arraignment.

Shawnna Linn Lamont, 33, of Page Road, Perry, is charged with criminal possession of a controlled substance 7th. Lamont was allegedly found in possession of a controlled substance when taken into custody on two warrants at 6 p.m. on May 23 by Deputy Trevor Sherwood.  She was issued an appearance ticket.

Robert Lee Drennen, 41, of Holley Street, Sweden, is charged with harassment 2nd. Drennen is accused of striking another person in the face at the Genesee County Jail on May 16 at 2:30 p.m.  He was arraigned in City Court and ordered to reappear at a later date.

Heather Nicole Holbrook, 38, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 5th and criminal possession of a controlled substance 7th. Holbrook was charged following a traffic stop by Deputy Nicholas Chamoun at 10 p.m. on Dec. 18. Following an investigation, she is accused of possessing 500mg of cocaine and Suboxone. She was arraigned and ordered to reappear.

Margaret Nicole George, 20, and Kristen Dawn George, 26, both of Council House Road, Tonawanda Indian Reservation, are charged with grand larceny 4th. Margaret and Kristen are accused of stealing more than $1,000 from a former employer on Bloomingdale Road on April 8.

Brittany Lynn Bolton, 23, of West Main Street Road, Batavia, is charged with petit larceny. Bolton is accused of stealing $45.32 in merchandise from a store on Veterans Memorial Drive. The Sheriff's Office withheld the name of the store. Bolton was issued an appearance ticket.

Michael E. Loveless, 59, of Imperial Drive, Webster, is charged with grand larceny 4th and unauthorized use of a vehicle 3rd.  Loveless is accused of stealing a gar that was stopped at a gas station in the City of Batavia on May 10 while the owner of the vehicle was inside the store. The vehicle was tracked using a GPS system and located in Lockport. Loveless was allegedly occupying the vehicle when it was located. He was taken into custody by Lockport PD and turned over to Batavia PD.  He was arraigned in City Court and ordered held until his next court appearance. 

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two  City Court bench warrants. The first bench warrant stems from a petit larceny charge at a local convenience store on Nov. 18, 2021.  Holtz was originally arrested on Nov. 27, 2021.  She was issued an appearance ticket.  She was arrested again on Feb 2, 2022, after she allegedly failed to appear in court as ordered. She was arraigned and released. She was arrested gain on May 1, 2022.  She was arraigned and released. She was arrested on Jan. 29.  She was arrested on March 11.  She was then arrested again on May 2 by Officer Megan Crosset and arraigned in City Court. On the second warrant, Holtz was arrested on Nov. 27, 2021, on a petit larceny charge for an alleged theft from a local church. She was arrested again on May 1, and again on Jan. 29, again on March 11, and on May 2.  She was arraigned in City Court. She was ordered to pay 79 cents in restitution and jailed for two months.

Josia G. J. Culver, 18, of Tracy Avenue, Batavia, is charged with criminal mischief 3rd. Culver is accused of damaging an ATM screen at a bank location on Bank Street, Batavia, on May 5. He was arraigned and ordered held without bail pending his next court appearance. 

Alisha A Soule, 26, of Route 237, Stafford, is charged with criminal contempt 2nd. Soule turned herself in to Batavia PD after being accused of contacting a person through a third party in violation of an order of protection. She was released on an appearance ticket.

Ashley Davis, 34, of Walden Creek Drive, Batavia, is charged with harassment 2nd. While in custody, Davis allegedly kicked a police officer. Davis was issued an appearance ticket.

Corey A Brown, 37, of Ellicott Street, Batavia, is charged with harassment 2nd. Brown is accused of hitting another person in the face at a residence on Ellicott Street on May 10. He was arraigned in City Court and released on his own recognizance.

William H Smith Jr., 45, of Bank Street, Batavia, was arrested on a City Court bench warrant. Smith was originally arrested for DWI and other charges on Feb. 7, 2021, and released with traffic tickets.  Smith is accused of failure to appear on the charges and was warranted on a warrant on Nov. 14, 2021.  He was released and ordered to reappear at a later date. He allegedly failed to show up for court, and another warrant was issued. He was arrested on that warrant on May 10 by Officer Kevin Defelice. Smith was arraigned in  City Court and released under supervision.

Krista S. Kiblin, 32, of Mason Avenue, Rochester, was arrested on a City Court bench warrant. Kiblin was originally arrested on Jan. 27 on a charge of petit larceny after she allegedly stole merchandise from a business on East Main Street.  Kiblin was issued an appearance ticket.  After she allegedly failed to appear as ordered, a warrant was issued, and she was arrested on that warrant on May 3 by Officer Richard Messmer. Kiblin was arraigned. Her release status is unknown.

Brittany L. Richway, 32, of Syracuse, and Angel M. Scott, 34, of Batavia, are charged with petit larceny. Richway and Scott are accused of stealing from a location in the Town of Batavia at 7:46 p.m. on May 11. They were arrested by the State Police and released on an appearance ticket.  No further information was released.

Michael R. Vickery, 45, of Lackawanna, is charged with petit larceny. Vickery is accused of stealing from a location in the Town of Batavia at 12:52 p.m. on May 10.  He was arrested by State Police and released on an appearance ticket.  No further information was released.

Daniel Stevens, 49, of Batavia, is charged with petit larceny. Stevens is accused of stealing from a location in the Town of Batavia on May 8 at 9:46 a.m. Stevens was released by State Police and released on an appearance ticket. No further information was released.

Cody Middlebrooks, 32, of Akron, is charged with criminal mischief 4th. Middlebrooks is accused of damaging property in the Town of Alabama on May 9 at 4:15 a.m.  He was arrested by State Police. His release status is unknown. No further information was released.

Tony Robert Graber, 44, of Main Road, Pembroke, is charged with criminal contempt 2nd. Graber is accused of violating a complete stay-away order of protection on May 5 in the Town of Batavia. He was processed at the Genesee County Jail, arraigned, and released on bail.

Brian N. Miles is indicted on counts of attempted forgery in the second degree, a Class E felony, criminal possession of a forged instrument in the second degree, a Class D felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal possession of a controlled substance 7th degree, a Class A misdemeanor. Miles is accused of attempting to fill out JP Morgan check that belonged to another person in order to obtain cash on Nov. 15, 2021,d while at the ESL Federal Credit Union on Veterans Memorial Drive in Batavia. He was allegedly found in possession of a stolen JP Morgan checkbook. On that date, he was allegedly found in possession of cocaine.

Timothy W. Szurgot is indicted on counts of criminal possession of stolen property in the third degree, a Class D felony and criminal impersonation in the second degree, a Class A misdemeanor.  Szurgot was allegedly found in possession of a stolen 2018 Focus on Oct. 25 in the Town of Batavia. He is accused of assuming the identity of another person on Oct. 25 with the intent to defraud another person.

Joseph G. Bauer is indicted on a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony. Bauer is accused of driving drunk while on a suspended license on July 4 in the Town of Darien, on Park Road.

A 62-year-old Batavia man has been arrested by the Sheriff's Office, accused of an ongoing series of sex offenses against a child.

Alvin Ezra Way, of West Main Street, is charged with six counts of predatory sexual abuse against a child, six counts of criminal sexual act in the first degree, and course of sexual conduct against a child.

In New York's penal code, predatory sexual abuse against a child is a Class A-II felony and accused the defendant of being older than 18 years old, and the victim is younger than 13 years old.

If convicted, Way faces 10 to 25 years in prison.

The alleged incidents occurred over multiple years at a residence in the Town of Batavia. 

Way was arraigned in the Central Arraignment Court on Friday and ordered held in custody.

There have been no arrests in a police pursuit that ended in Pavilion on Monday that led to a manhunt in the area of Route 63 and Route 20, according to the Sheriff's Office.

Chief Deputy Joseph Graff said today, in response to questions from The Batavian, that there is an ongoing investigation into a possession of stolen property case.

He said the incident began with a pursuit of a vehicle in Livingston County.

"It was determined to have been stolen from Horseheads," Graff said. "It was occupied by two subjects who fled the scene and were not apprehended despite a search of the area."

According to an NYSP spokesperson, the State Police assisted in the manhunt with a helicopter and drones.

Another spokesperson for the State Police said that two vehicles were reported stolen in Chemung County. 

The Livingston County Sheriff's Office has not responded to a request for more information.

A red vehicle was chased into Pavilion on Monday, with reports at the time saying it was occupied by two black males.

No injuries have been reported in connection with the incident.

"We are continuing to investigate," Graff said.

Press release:

On May 9, the Genesee County 911 Center took a call from a local business that had received a call from what was believed to be a juvenile stating there was a "bomb on a school bus" at a location in the City of Batavia. 

Through the investigation of patrol officers and detectives, it was determined that the call was false and that an eight-year-old child on a bus made the call, knowing it to be false. 

Officers located the school bus in question, which was empty of students at the time. Out of an abundance of caution, the bus was cleared by an NYSP K9 that specializes in explosives detection, and none were found. 

The case has been turned over to the Juvenile Detective for the Department, and no further info is available at this time.

Jacob W. Patterson, 27, of Kilian Road, Pembroke, is charged with criminal possession of a controlled substance, obstructing governmental administration and operating a motor vehicle while impaired by drugs. Patterson was arrested after officers William Yung and John Gombos were dispatched to a gas station on East Main Street on April 24 to check on a report of an intoxicated driver. Patterson allegedly tried to run from officers before being subdued and apprehended.  He was issued an appearance ticket.

Jordan E. Hamilton, 26, of Baker Road, Kent, is charged with tampering with physical evidence and criminal possession of a controlled substance.  Hamilton was reportedly a passenger in a vehicle at a gas station on East Main when Officer William Yung dispatched on April 24 to check on a report of an intoxicated driver. Hamilton was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Tonya Marie Ficarella, 36, of Lovers Lane, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from a store on Veterans Memorial Drive at 1:44 p.m. on May 2. The Sheriff's Office withheld the name and address of the store. Ficarella was issued an appearance ticket. UPDATE: The Sheriff's Office has released that the location was Walmart.

Jaime Leigh Ayala, 43, of Walnut Street, Batavia, is charged with criminal contempt 2nd. Ayala is accused of entering a store where a protected party worked at 8:28 a.m. on May 2. Ayala was released on an appearance ticket.

Jakob Neale Abrams, 18, of Indian Falls Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, driving while using a mobile phone, failure to keep right. Abrams was reportedly involved in a property damage accident at 1:59 a.m. on April 30 on Harper Road, Darien. He was arrested following an investigation by deputies Ayrton Blankenburg and Jeremiah Gechell.

Christopher John Gulczewski, 33, of Thomas Street, Holley, is charged with endangering the welfare of a child. Gulczewski is accused of threatening to kill a mother in front of her children at 3:20 p.m. on May 3 at a location on South Main Street in Elba.  He was held pending arraignment.

Jerrol Paul Newell, 53, of West Main Street, Batavia, is charged with criminal contempt 2nd.  Newell was arrested while incarcerated in Genesee County Jail for an incident reported at 2:29 p.m. on May 2. The nature of his alleged offense was not released by the Sheriff's Office. He was arraigned and remanded back to the custody of the jail.

Auntunez Jaime Antunez, 35, of Dewey Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and speeding. Antunez was stopped at 11:25 p.m. on May 5 by Deputy Ryan Mullen on Route 33 in Batavia. He was issued and appearance ticket.

Danielle Florance Reed, 34, of Standart Woods, Auburn, is charged with felony DWI, felony driving with a BAC of .18 or greater, speeding, failure to dim lights, and moving from lane unsafely. Reed was stopped at 1:50 a.m. on May 7 on Route 20 in Pavilion by Deputy Zachary Hoy.

Casey T. Vaughn, 33,of East Main Street, Batavia, is charged with harassment 2nd, strangulation 2nd, criminal mischief 4th and aggravated family offense. He is also charged with criminal mischief 4th and criminal tampering 3rd. Vaughn allegedly struck another person and broke a mirror on April 28 during a disturbance at a location on East Main Street, Batavia. That same day, while in custody, Vaughn allegedly spit on a wall, floor, bench, and desk in an interview room at the Batavia police station. He is also accused of pulling molding off the wall.  On the first set of charges, he was ordered held on $10,000 bail. On the second set, he was issued an appearance ticket.

Cassandra F. Smith, 37, of Manhattan Avenue, Batavia, was arrested on four warrants issued by Batavia City Court. Smith was first arrested on April 8 on two counts of petit larceny after she allegedly stole property from different yards on Manhattan Avenue. On April 14, Smith allegedly committed criminal tampering and trespass at a residence on Ross Street by being on the property after being trespassed earlier by police and throwing garbage/other items at the residence.  A warrant was requested.  On April 23, Smith allegedly trespassed again at the residence on Ross Street and was captured on Ring cam.  A warrant was requested. 

Tanika N. Avant, 21, of Bank Street, Batavia, is charged with two counts of harassment 2nd and endangering the welfare of a child. Avant is accused of being involved in a disturbance on April 28 at an undisclosed location and engaging in a physical altercation with another person. During the course of the altercation, he allegedly struck a juvenile. He was arraigned in City Court and released.

James T. Hardaway, 39, of Utica Street, Brockport, is charged with speeding, unlicensed operation, and DWI. Hardaway was stopped on April 30 on Clinton Street, Batavia, by Officer Joseph Weglarski. He was released on an appearance ticket.

Misty R. Scutt, 34, of Exchange Street, Attica, is charged with driving while ability impaired by drugs. Scutt was the subject of a traffic stop by Officer Joseph Weglaski on Jan. 28 in the City of Batavia and arrested on April 28 following the return of a lab analysis of a blood sample. She was issued an appearance ticket.

Hunter M. Passage, 22, of Dellinger Avenue, Batavia, is charged with no headlamps, speed in zone, and driving while ability impaired by drugs. Passage was stopped at a gas station on West Main Street, Batavia, by Sgt. Mitch Cowen on April 27. He was issued an appearance ticket.

Before sending him to prison for 10 years, Judge Melissa Lightcap Cianfrini wondered at the criminal history of Arthur Brown, 45, of Le Roy, whom she observed is clearly intelligent, is well-spoken, and knows to advocate for himself.

Why, she wondered, why he keeps engaging in criminal activity when Brown could do so much more with his life.

Brown was sentenced on three separate criminal cases, the most notorious, an incident in September 2021 when he fled from a traffic stop after being seen driving erratically on Route 33 through Bergen and Stafford.  Brown ran into a cornfield, and Deputy Kevin Quackenbush started a foot pursuit but stopped when he apparently saw Brown pull a handgun from his waistband.  Quackenbush retreated, and then there was a loud bang.

Quackenbush reported to dispatch, "shots fired." This was the start of a several-hour, multi-department manhunt that eventually led to the arrest of Brown and the recovery of a handgun.  The loud bangs turned out to be from a wildlife scare cannon.

Brown has consistently maintained that the gun officers found was not his, and on Friday, he accused of Quckenbush of not telling the whole truth about the incident, such as, he said, Brown's DNA wasn't on the gun nor were his fingerprints.

ADA Joseph Robinson noted after Brown's statement that the gun wasn't checked for fingerprints.

After initially indicating he intended to take the charges against him to a jury, in February, he entered guilty pleas to multiple charges, including second-degree attempted criminal possession of a weapon, a Class D violent offense, third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

In arguing for the maximum possible sentence against Brown (the 10 years Cianfrini eventually imposed), Robinson said that Brown's long criminal history and habit of saying things that attempt to explain away or minimize his criminal activity made him a danger to society.

Robinson listed Brown's past criminal activity:

• In 1994, Brown was adjudicated a youthful offender in a criminal case and violated probation within a year.
• In 1995, he was sentenced to a year in jail.
• In 1998, he was sentenced to seven years in prison on a robbery 2nd conviction.
• In 2005, he was convicted of rape 3rd and sentenced to 18 months to three years in prison.
• In 2010 he as conflicted of criminal sale of a controlled substance 4th and sentenced to two years in prison.
• In 2015, he was convicted of two sexual offender registration violations.
• In was released from prison on that conviction in 2021 one, just weeks before the incident on Clinton Street Road.

The plea Brown accepted, Robinson said, satisfied not only the pending charges already filed against Brown but also four ongoing drug dealing investigations being conducted by the Local Drug Task Force that had not yet led to charges.

Robinson said Brown seems to spend more time in prison and free.

"If he's not serving time on a conviction, he's out committing more crimes," Robison said.

Robinson noted that Brown hasn't accepted responsibility for possessing a gun in September, and he said that when Brown was accused of possessing a bag of cocaine, Brown told probation officers during his pre-sentence interview that officers found the bag in a bush and not on his person.  That was an example, Robinson said, of the defendant minimizing his responsibility for his actions. 

Another dealt with Brown's SORA violation.  Brown said, according to Robinson, that he didn't think he needed to register a change of address because he merely moved from one room to another in a hotel complex.  

Defense attorney Joseph Lobosco said his client did accept responsibility for his actions and suggested that Robinson was mischaracterizing Brown's interview with probation officers. He said the interview took hours, and the report didn't include direct quotes from Brown but paraphrases from officers written after the interview.

Brown said it was unfair of the ADA to he didn't accept responsibility for his crimes. 

He said there was the DNA of three other people on the gun but not his.  He also complained that a confidential informant used in the drug sales investigation was facing six criminal charges, which wasn't disclosed, he said. 

"I take responsibility for what I've done, and I don't make excuses," Brown said. "But I don't take responsibility for what I didn't do." 

Cianfrini said she hopes Brown will use his time in prison to better his life, to learn new skills, and reflect on the direction his life has taken.

"You could do something worthwhile with your life," she said.

On the SORA violation, Cianfrini sentenced him to 2 to 4 years in prison. On the attempted criminal possession of a weapon conviction, seven years in prison. On the criminal possession of a controlled substance conviction, 10 years in prison.  All sentences are to be served concurrently.

Previously:

• Le Roy man in 'shots fired' case accepts plea deal
• County ADA offers seven-to-eight-year sentencing deal to LeRoyan facing numerous felony charges
• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

A second trial for a Batavia man accused of firing a shotgun at two people on Elm Street on Aug. 12 will start on Monday.

The first trial of Jeremy Ives began in March and ended in a mistrial. The reason for the mistrial was not discussed in open court on Friday during a hearing held for trial preparation. 

Ives was indicted in September on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. 

Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day.

In January, Ives turned down a plea offer, electing to take his case to trial. ADA Will Zickl said at the time that under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

The main issues discussed on Friday were the testimony of two possible witnesses.

One witness is the person Ives may have purchased the shotgun from.  There is a question about whether the witness can positively identify Ives as the person who bought the gun.  A third party apparently arranged the transaction and handed the seller the money.

"She doesn't have to know his name to know she handed him the gun," Zickl said.

There is also a witness who claims to have heard Ives yelling things in the street outside her residence some three hours after the reported shooting.  Whatever statements she heard are apparently not relevant to the case, but Zickl argued that her testimony will enlighten the jury as to Ives' emotional after the shooting.

Defense attorney Joseph Lobosco argued that the witness was miles away, hours after the event, didn't see Ives while he was yelling, and had no context for what she heard.

Zickl countered that the witness, who apparently knows Ives, can ID Ives by his voice.

Judge Melissa Lightcap Cianfrini ruled that both witnesses can be called during the trial.

Press release:

The Batavia Police Department has charged a 12 and 13-year-old with Making a Terroristic Threat from an incident that occurred on April 20. The juveniles were attending Notre Dame High School and made a phone call to a suicide hotline. 

During the call, a threat to shoot up a school was made, with the addition of it happening immediately. Police officers responded to all schools in the county, placing each school in a "lockout/secure" status. 

During a "lockout/secure," no one is permitted to enter or exit the building, but instruction can continue as normal. On-scene detectives were able to quickly determine that the threat was not credible and all schools were released from the "lockout/secure." 

Additional information can not be released in reference to the case as all juvenile matters are confidential.

Daniel L. Goodell is indicted on two counts of predatory sexual assault against a child, a Class A-II felony. Goodell is accused of committing rape in the first degree and of engaging in sexual intercourse as an adult, with a child of less than 13 years old, in the Town of Alexander sometime between Sept. 6 and Nov. 26, 2010.

Mone N. Wiggins is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, and criminal impersonation in the second degree, a Class A misdemeanor. Wiggins is accused of stealing property valued at more than $1,000 from Ulta Beauty, 4193 Veterans Memorial Drive, Batavia, on Jan. 6.  Wiggins is accused of coordinating the crime with another person. Wiggins is also accused of falsely assuming the identity of another person. 

Angela N. Bennett and Schamya I. Brown are indicted on a count of grand larceny in the fourth degree, a Class E felony. Bennett and Brown are accused of stealing merchandise valued at more than $1,000 from Dick's Sporting Goods, 4180 Veterans Memorial Drive, Batavia, on May 23.

Jacob A. Richards is indicted on counts of grand larceny in the fourth degree, a Class E felony, and of criminal possession of a forged instrument in the second degree, a Class D felony. Richards is accused of stealing property valued at more than $1,000 in the City of Batavia on Oct. 4. He is accused of possessing a forged check from Tonawanda Valley Federal Credit Union.

Lance M. Mercado Sr. is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Mercado is accused of possessing metal knuckles in the Town of Alexander on Dec. 29.

Ethan M. Conrad is indicated on DWI, a Class E felony. Conrad is accused of driving drunk in a 2013 Volkswagon on South Main Street Road, Town of Batavia, on Feb. 16. He was convicted of a previous DWI on April 28, 2021, in the CIty of Batavia.

Jonathan K. Banks is indicted on counts of criminal possession of a controlled substance in the fifth degree, a Class D felony, tampering with physical evidence, a Class E felony, and obstructing governmental administration in the second degree, a Class A misdemeanor. Banks is accused of passing 500 milligrams or more of cocaine while in the City of Batavia on Jan. 31, and attempting to conceal or destroy the evidence.

Jason R. Anderson is indicted on counts of robbery in the first degree, a Class B violent felony, criminal possession of a weapon in the third degree, petit larceny, a Class A misdemeanor, and menacing in the second degree, a Class A misdemeanor. Anderson is accused of stealing by threat of violence with a knife, bedsheets and a bottle from Walmart, 4133 Veterans Memorial Drive, Batavia, on Jan. 23. 

Demetrius W. Richardson is indicted on eight counts of criminal possession of a forged instrument in the first degree, a Class C felony, and one count of petit larceny, a Class A misdemeanor. Richardson is accused of trying to pass two forged $20 bills at Quicklees in the City of Batavia at 1:43 a.m. on Sept. 7., and four more at 4:15 a.m., and again at 4:28 a.m., and at 12:29 a.m. on Sept. 8.

James R. Cooper is indicted on a count of criminal possession of a forged instrument in the first degree, a Class C felony. Cooper is accused of possessing a forged $20 at Crosby's on Clinton Street Road, Batavia, on Dec. 27.

Anthony D. Rossi is indicted on counts of burglary in the third degree, a Class D felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Rossi is accused of knowingly and unlawfully entering a building, a shed on Oak Orchard Road, Elba, with the intent to commit a crime within the structure. He is also accused of possessing cocaine.

Raymond M. Hardy is indicted on counts of attempted grand larceny in the second degree, a Class D felony, and criminal possession of stolen property in the fifth degree, a Class A misdemeanor. Hardy is accused of attempting to steal property valued in excess of $50,000 in the Town of Elba on Sept. 16.  He is accused of possessing a stolen motor vehicle certificate of title. 

Gary E. Jackson is indicted on counts of assault in the second degree, a Class D violent felony, resisting arrest, a Class A misdemeanor, obstructing governmental administration in the second degree, a Class A misdemeanor, and harassment in the second degree. Jackson is accused of causing physical injury to a police officer while resisting arrest in the City of Batavia on Aug. 14.

Shelby L. Hall is indicted on a count of grand larceny in the fourth degree, a Class E felony. Hall is accused of stealing a 2002 Chevrolet Silverado valued at more than $100 in the Town of Le Roy on Aug. 10.

Arthur L. Golden is indicted on a count of bail jumping in the second degree, a Class E felony. Golden is accused of not showing up in court as ordered on a felony charge in July.

Jason W. Whitehead, 25, of Bank Street, Batavia, is charged with criminal possession of a controlled substance 7th, possession of a narcotic with the intent to sell, harassment 2nd, resisting arrest and use of drug paraphernalia 2nd. Batavia patrol officers located Whitehead, who had an active warrant for his arrest, walking on Bank Street on April 16. Whitehead allegedly fled on foot when officers attempted to arrest him. A private citizen assisted Officer John Gombos and Sgt. Christopher Lindsay in stopping Whitehead. The officer took Whitehead into custody. Whitehead was allegedly found to be in possession of a quantity of drugs and drug paraphernalia. Whitehead was arraigned in  City Court and remanded to the Genesee County Jail on no bail.

Cassandra F. Smith, 37, of Manhattan Ave.,  Batavia, is charged with two counts of petit larceny. Smith is accused of stealing various items from a yard on Manhattan Avenue on April 8. Smith was released on an appearance ticket.  On April 12, she was charged with criminal trespass 2nd. She is accused of entering and remaining unlawfully in an apartment on Washington Avenue, where she left a note for a resident to find when the person came home. She was arraigned in Centralized Arraignment Court and released. She was charged with criminal mischief 4th on April 12. She is accused of spray-painting an apartment door, doorbell camera, and van in the driveway of a residence on Washington Avenue.  She was arraigned in Centralized Arraignment Court, and her release status is unknown.

Joseph C. Jeffords, 32, of Chestnut Street, Batavia, was arrested on two bench warrants issued by City Court. Jeffords is accused of failure to appear on two prior appearance tickets, one for alleged unauthorized use of a motor vehicle on Jan. 23, and the second for alleged criminal possession of a controlled substance 7th on Feb. 6. He was arraigned in Centralized Arraignment Court, and his release status is unknown. Jeffords was also arrested on April 9 and charged with two counts of criminal possession of a controlled substance 3rd. Jeffords was allegedly in possession of various narcotic drugs upon being arrested on multiple warrants.  Jeffords was arraigned in  City Court and custody remanded to the Genesee County Jail in lieu of bail.  

Salvatore Dellapenna, 54, of Vine Street, Batavia, is charged with criminal mischief. Dellapenna is accused of damaging a neighbor's front door by kicking it in on April 8. He was issued an appearance ticket.

Patricia M. Anderson, 38, of Buell Street, Batavia, is charged with petit larceny, operating a motor vehicle while the registration is suspended, and aggravated unlicensed operation of a motor vehicle third. Anderson is accused of filling a shopping cart with $139 in merchandise and leaving the business on East Main Street, Batavia, without paying. During the investigation, it was allegedly found that Anderson operated a motor vehicle with a suspended registration while her license was suspended. Anderson was released with an appearance ticket.

Modesto O. Cardenas, 29, of Pearl Street, Batavia, is charged with harassment in the second degree.  Cardenas was arrested by Officer John Gombos following an investigation into a disturbance on April 1. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

Linda L. Snyder, 40, of Creek Road, Batavia, was arrested for bench warrants issued by City Court and charged with bail jumping in the third degree. On April 5, Officer Peter Post arrested Snyder on bench warrants issued by  City Court for harassment, criminal mischief, and animal cruelty charges.  Additionally, Snyder was charged with bail jumping 3rd because she failed to appear in court as directed after being released on her own recognizance from a criminal proceeding.  Snyder was arraigned in City Court and custody remanded to the Genesee County Jail in lieu of $1,000 cash bail. 

Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with two counts of burglary 3rd, two counts of criminal mischief 4th and petit larceny. Culver is accused of breaking into a local restaurant on Ellicott Street on April 14. He is accused of breaking into another restaurant in the mall on April 16 and stealing money from the register. His release status is unknown.

Lori A. Wittkopp, 61, of Spencer Court, Batavia, is charged with DWI and driving with a BAC of .18% or greater. On April 14, Officer John Gombos stopped Wittkopp following a complaint that Wittkopp was driving while intoxicated. Wittkopp was issued appearance tickets.

Kendra Q. Thomas, 35, of Dellinger Avenue, Batavia, is charged with harassment 2nd and endangering the welfare of a child. Thomas is accused of a physical altercation with a juvenile on April 15.  Thomas was issued an appearance ticket.

Luis J. Santiago Arroyo, 34, of Buell Street,  Batavia, is charged with harassment 2nd, endangering the welfare of a child, and criminal contempt 1st. Arroyo is accused of being involved in a physical incident during a custody exchange on April 23. Arroyo is accused of striking another person, unprovoked, who was covered by an order of protection while she was holding a child.  Police say a Ring camera captured video of the incident. Arroyo was held in the Genesee County Jail pending arraignment. Release status unknown.

Aaron T. Hendershot, 26, of Ellsworth Avenue, Batavia, is charged with criminal contempt 2nd and aggravated family offense. Hendershot allegedly violated an order of protection on April 20 by calling, messaging, and writing letters to the protected party.  He was additionally charged with aggravated family offense as he has been convicted of a specified offense within the immediately preceding 5 years, Feb. 6, 2023.  Hendershot was arraigned in City Court and custody remanded to the Genesee County Jail without bail. 

Alisha A. Soule, 26, of Route 237, Le Roy, is charged with harassment 2nd and criminal mischief 4th. Police responded to a reported disturbance on April 26. Soule is accused of kicking in a door to gain entry to a house and then striking one person while attempting to get to another person. Soule was arraigned in City Court and released.

Pamela L. Dickinson, 60, of Roosevelt Avenue, Batavia, is charged with DWI, failure to comply, speeding, and failure to yield to an emergency vehicle. At about 6:30 a.m. on April 24, Officer Joseph Weglarski reported observing a vehicle speeding on Pearl Street. The driver allegedly failed to stop until being blocked by patrols at the intersection of Washington Avenue and Bank Street in Batavia. Dickinson was released on traffic tickets.

Shelby L. Fryer, 27, of Prune Street, Batavia, is charged with criminal impersonation.  Officer John Gombos stopped a vehicle reportedly driven by Fryer on April 22. She allegedly gave a false name to the officer in an attempt to avoid an arrest on a warrant. She was arrest on a warrant for alleged failure to appear. She was arraigned. Her release status is unknown.

Haley M. Larnder, 23, of North Street, Batavia, was arrested on a  City Court arrest warrant. Officer Andrew Mruczek located Larnder on April 21 and took her into custody on a warrant. Larnder was originally arrested on March 19 on a charge of criminal possession of a controlled substance 7th and issued an appearance ticket. Larnder was arraigned in City Court and released on her own recognizance.

Jacqulyn A. Dueppengieser, 39, on Page Road, Perry, is charged with petit larceny. Dueppengieser is accused of stealing from a business on East Main Street on April 20. She was issued an appearance ticket.

Natasha J. Durney, 29, of Hutchins Place, Batavia, is charged with nine counts of harboring an unlicensed dog. On April 21, Officer Stephen Quider responded to a report on Hutchins Street of dogs fighting on Hutchins Place. During the fight, a person was reportedly bitten. Durney is accused of owning nine unlicensed dogs.  Durney was issued an appearance ticket.

Jessica Hernandez, 35, of Summit Street, Batavia, was arrested as a fugitive from justice. Police officers executed an arrest warrant on April 22 after being contacted by the Volusia County Sheriff's Office in Florida. The police department was informed that Volusia County had a warrant for Hernandez on the charge of aggravated assault with a deadly weapon. Hernandez was processed, arraigned in Centralized Arraignment Part Court and held at the Genesee County Jail to await extradition to Volusia County, Florida. 

David A. Kendall, 50, of Bank Street, Batavia, is charged with criminal contempt 2nd. Kendall is accused of violating a stay-away order of protection on April 23. He was issued an appearance ticket.

Adam M. Zastrocky, 38, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, driving left of pavement markings in no passing zone, and refusal to take breath test. Zastrocky was arrested by Sgt. Jason Saile following an investigation into a motor vehicle accident reported at 10 p.m. on April 20 on Cockram Road, Byron.

Joseph Earnest Marr, 44, of Nesbitt Road, Batavia, is charged with grand larceny 4th.  Marr is accused of stealing a phone while at Batavia Downs. He was processed at the Genesee County Jail and released.

Nathan Paul Crawford, 27, of Federal Drive, Batavia, is charged with two counts of petit larceny. Crawford is accused of shoplifting from 48 Deli Express at 5:04 p.m. on April 15. He was issued an appearance ticket. He is also accused of shoplifting from Kohls at 11:05 a.m. on April 19. He was issued an appearance ticket.

Heather Nicole Derooy, 33, of Keith Terrace, Chili, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and improper plates. Derooy was stopped at 8:26 p.m. on April 8 on Clinton Street Road, Bergen, by Deputy Nicholas Chamoun and Deputy Kenneth Quackenbush. She was allegedly found in possession of methamphetamine. Derooy was released on an appearance ticket.

Robert E. Sacher, 53, of Kibbe Avenue, Batavia, is charged with DWI. Sacher was stopped at 3:11 p.m. on April 13 on Veterans Memorial Drive by Deputy Jonathan Dimming. Sacher was issued traffic tickets and released.

Jeenathan Rodeny Williams, 63, of Hazelwood Terrace, Rochester, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, unlicensed driver, side wings/side windows non-transparent, and plates covered by glass or plastic. Williams was stopped at 6:56 p.m. on April 25 on Byron Elba Road, Byron, by Deputy Zachary Hoy and issued an appearance ticket.

Scott Aaron Muntz, 25, of Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Muntz was stopped at 12:15 a.m. on April 16 on Knowlesville Road, Alabama, by Deputy Jonathan Dimming.  He was issued traffic tickets.

Madison McKenzie, 18, of Creek Road, Batavia, is charged with endangering the welfare of a child. McKenzie is accused of giving a letter to a child under age 17 that contained sexual content. McKenzie was arraigned and released.

Michelle Dawn Grover, 38, of Olean Road, South Wales, is charged with petit larceny. Grover is accused of shoplifting from Dollar General in Pavilion at 10 a.m. on March 5. Grover was issued an appearance ticket.

Press release:

The Batavia Police Department is investigating a robbery that occurred in the 7-Eleven convenience store on April 25 at 3:34 am. 

The suspect was armed with a hammer when the robbery occurred. 

The suspect was described as being a black male, approximately 5’7”, and having a slim to average build. He was also described as wearing dark-colored clothing with a maroon-colored flat-brim hat. The male is believed to have left the area on foot. 

There are also photographs of two other possible witnesses (1 male and 1 female) who were in the store prior to the robbery occurring, that police are attempting to identify. The female was walking a dog, possibly a tan/brown and white colored pit-bull. 

Anyone with information is asked to contact Detective Sergeant Matt Lutey at (585)345-6311, the Batavia Police Department at (585)345-6350, the Batavia Police Department's confidential tip line at (585)345-6370.

Ask the people -- police officers -- who deal every day with crime victims, and those accused of committing the crimes, and New York's landmark 2019 bail reform law just isn't working.

It isn't working for victims, because they either get re-victimized, or there are new people victimized because accused criminals are free sooner to commit new crimes, or victims simply decline to press charges because they know the accused person will just be issued an appearance ticket.

And it has also failed the people it was supposedly designed to help: criminal defendants.

Those accused of a crime are now more frequently set free to commit new crimes and dig themselves into a deeper hole, or they don't appear before a judge or go to jail where they are afforded the opportunity they need to enter substance abuse programs.

"The joke is (among officers), it's like fishing. It's 'catch and release,'" said Batavia PD Det. James Defreze.

Chief Shawn Heubusch added, "It is catch and release, and they understand, the officers understand, what the laws are, and we're here to enforce the laws. But the laws are not helping our citizens. At least this particular law is not helping our citizens. It's not helping the community at large."

The Batavian spoke with Heubusch, Defreze, and Sgt. Christopher "CJ" Lindsay this week about the impact of bail reform on the department and the community after a series of press releases from Batavia PD about individuals who have been arrested multiple times on warrants for failure to appear for various minor offenses.

In press releases about arrests, Batavia PD has recently been highlighting criminal defendants who get are repeatedly arrested on failure-to-appear warrants three, four, or five times.  Unfortunately, there isn't clear data that judges are issuing, in the aggregate, more warrants, because, by policy, the department no longer seeks warrants on unpaid parking tickets, and with the legalization of cannabis possession, there are fewer marijuana-related arrests. That means there is no way to make a meaningful comparison from one year to the next of the total number of warrants.

The Why of Bail Reform
The path to bail reform in New York perhaps began in 2015 with the death of Kalief Browder. Browder had been held in Rikers Island on cash bail of $3,000 after being accused of stealing a backpack.  Browder said he was subjected to mental and physical abuse. His charges were dropped after three years of pre-trial condiment for lack of evidence. Upon his release, he committed suicide.

Advocates for bail reform said confining poor people, who can rarely make bail, on charges without conviction was a violation, at least in spirit, of due process. Advocates pointed to statistics that poor blacks, especially in the state's cities, were more likely to be held on bail, than white defendants. 

In 2018, in his State of the State speech, Gov. Andrew Cuomo picked up the cause of bail reform.  

"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind, and her scales are still not balanced," Cuomo said. "Our bail system is biased against the poor. Too many jails are cruel and inhumane, and our court system is too slow."

Bail reform was approved by the State Legislature in 2019 and was meant to reduce incarceration by limiting the need for defendants to come up with money to pay for their liberty. The new law mandated pretrial release for the majority of nonviolent charges and required that judges consider a person’s ability to come up with the cash to pay bail or security to post bond.

On low-level, non-violent charges, officers must issue appearance tickets rather than hold the suspect for arraignment (where, in most cases, they would have been released under the old system). When suspects are arraigned, judges must release defendants without requiring bail and with no conditions on their release ("on their own recognizance").  In certain conditions, they can put conditions on their release ("released under supervision").   If bail can be set, the bail amount must be the lowest amount possible that is affordable for the defendant.  That's why you sometimes see bail set at $1.

There are multiple exceptions and conditions that police officers and judges must follow.  That is one of the complaints lodged by Heubusch.  The bail system is arcane and confusing.  

As an example, Heubusch cited a recent case where a suspect was arrested for burglarizing a restaurant.  The suspect was released following his arrest.  The next day, he burglarized another restaurant.  The judge misunderstood the standards of the bail reform law in this particular circumstance and released the suspect again.  He was arrested 20 minutes later after burglarizing another restaurant.

"So we now have one individual that has three burglary charges -- felony burglary charges," Heubusch said. "Again, he could have been held on that second arraignment, but there was a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

To help us understand how complex the new bail rules are, Heubusch pointed us to this web page on bail reform for the state's public defenders. It contains this matrix of qualifying (for bail) and non-qualifying (no bail) options. It also contains this flow chart that helps guide anybody in the justice system on when to require bail or when to release a defendant. 

Bail reform makes law enforcement harder
Being a police officer is inherently a risky job, and police officers accept that risk, Heubusch said.  It's also a tough job where officers are expected to deal sometimes with uncooperative or even hostile criminal suspects.  But that aspect of the job has been made worse, by bail reform, Heubusch said.

He said when people understand they're going to get an appearance ticket, they're more likely to flee or or fight with an officer because resisting arrest won't elevate the seriousness of their criminal activity.

"We've seen people run from us, fight with us, and attack us more than they did before, in my opinion, because they know, it's not taken as seriously or, you know, 'haha, I can get away with it. I'm gonna get a slap on the wrist from the judge. See you next week or see you tomorrow,' that type of thing," Heubusch said. "It just seems that the attitude, to resist arrest, to fight with the cops, has increased."

Bail reform has also made it hard to get drug dealers off the street, Defreze said.  

First, the Class B felony of criminal sale of a controlled substance in the third degree is a non-qualifying offense, meaning a judge can't automatically set bail.  Defreze said he's seen dealers back on the street selling narcotics within five hours of their arrest.  

"Pre-Bail Reform, we were pretty effective and successful in removing drug dealers from our community," Defreze said. "We would find people, we would arrest them for possession with intent to sell or for criminal sale, both (Class) B felonies. When we got the indictment warrants, those people would go to jail. Now the majority of these people are getting charged with two to four Class B felonies, and they go see a judge, and they're released. Then people were calling, saying these people are selling drugs in my neighborhood."

That arrest was made after months of work that involved finding and working with a confidential informant, gathering evidence, reviewing the evidence with the district attorney, and presenting the evidence to a judge to get a warrant either for a search or an arrest.

When a recently released dealer just hits the street again, he can't just be arrested on the spot. The whole process must start again.

But now it's harder to find confidential informants.

"Bail Reform, in and of itself, made getting a CI inherently harder," Defreze said. "People used to be, there was some kind of fear that they were going to go to jail for minor offenses. You'd catch someone for stealing from Tops, and they wouldn't want to go to jail for that. They would cooperate to have that charge go away. I mean, CIs for minor offenses are a thing of the past."

Victims
Bail reform hasn't been good for crime victims, the officers said.

"What's been missed during this whole thing, just from my perspective, is we've completely forgotten about the victims," Heubusch said. "We've created a system that cares about the defendants, and we care about the defendants as well, we certainly want don't want to hold somebody for years upon years upon years on petty crimes because that doesn't make any sense. But the victims are now being re-victimized over and over again by the same offenders. So I think that's, that's the biggest frustration that you see from law enforcement because we are out there trying to make sure that our communities are safe."

In March, deputies arrested two men in Elba on property crimes. Under terms of Bail Reform, the deputies had no choice but to release the suspects on appearance tickets. The two men were processed at the Genesee County Jail and released. Upon their release, they allegedly stole a car, leading to a police pursuit across multiple jurisdictions.

Bail reform has made orders of protection less effective, the officers said.

Domestic abuse always involves a human victim, so that means the arresting officer can haul the suspect in front of a judge for an arraignment. That gives a judge a chance to issue an order of protection, but unless the crime is a qualifying violent felony, the judge has -- at least until now -- limited power to set bail.

"I can think of a domestic situation where somebody was arrested for harassment, and they were arraigned in front of the judge, got an order of protection, but they had to be released, and they went right back to the house and violated the order protection," Heubusch said.

Bail reform has also led crime victims to ask officers not to arrest offenders, Lindsay said.

"Obviously, we understand the defendants have rights but like (Heubusch) said, we kind of forget about the victims," Lindsay said. "I've had numerous times where we have a case where the victim wants to have someone arrested, so they'll ask us, 'are they going to be held in jail,' and we tell them, 'no, we can't hold them, so they say 'well, I don't want him arrested then because I don't want to deal with whatever fallout.'"

Lindsay said victims are also frustrated.

"We're probably dealing with more angry victims," Lindsay said.

The law is confusing
Heubusch came to the interview with The Batavian carrying a sheaf of paper. He had printed out the matrix, flow charts, and rules officers, attorneys, and judges must know in order to ensure nobody is jailed in violation of the law.

It's a lot to know and a lot to keep up with, and even sometimes judges get it wrong, he said.

"We had a situation where an individual burglarized a restaurant," Heubusch said. "He was arraigned, released and burglarized another business that weekend. He was arraigned, and the judge misunderstood that it was a new charge and released him. He burglarized another restaurant after he left. So we now have one individual that has three burglary charges -- felony burglary charges. And, again, could have been held on that second arraignment, but there's a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

Defendants harmed by Bail Reform
When defendants are released on appearance tickets, no judge gets an opportunity to recommend a substance abuse or mental health program. When a criminal defendant is free to re-offend, they sometimes do.

"If you look at it, from the defendants' standpoint, this person now has the opportunity to rack up multiple criminal charges to make that sentence, maybe harsher on them," Heubusch said.

He said his officers have seen defense attorneys ask judges to set bail in cases for the sake of their defendants.

"The only way they know their guy is gonna get help is by sitting in jail because the jail will provide that assistance to them, whether they want it or not," Heubusch said. "It'll at least be in front of them. If they get to walk away from that arraignment without being held, the chances of them going out and reoffending are very good. The chances of them going on or overdosing and dying are even higher."

We asked Heubusch in a follow-up email if he had any data on the number of times defendants have been released from custody only to OD, and Heubusch said, "I am not able to put together stats as quickly as I would like to, but we do have cases where individuals that we know to have substance abuse issues have committed crimes and while out pre-trial they have overdosed and died. If judges had the ability to incarcerate these individuals for, what the lawmakers are calling petty crimes, they would be offered assistance and/or mandated assistance pre-trial. This could keep some alive."

Ideas to reform the reform
The police chiefs in New York, Heubusch said, have their own ideas about how to fix bail reform.

First, end cash bail.  That is, in fact, right in line with what downstate reformers want.  Defendants should either be held pre-trail, with no bail, or released.  That would end the perceived unfairness of people with a bit of money being able to get released while poor defendants must stay locked up, unable to get to jobs or care for families.

"The amount of money sitting in your bank account should not determine if you're a free person or not," Heubusch said.

And allow judges to determine whether a person is a danger to himself, another person, or the community.

"We're the only state in the United States that doesn't have a dangerous statute in our law," Heubusch said. "Bail is set specifically upon reappearance for court. We're the only one that doesn't include dangerousness. I don't know why New York wants to lead the way in that, quite honestly, because the communities are suffering because of it. So eliminate cash bail altogether. There's no reason to have a $1 value on it. You're either held to your release, or you're released upon certain restrictions and then that can be reviewed at your next appearance."

Some reformers consider "dangerousness" too subjective of a standard. Heubusch countered that trying to determine if somebody is a flight risk is a judgment call.

Reformers are concerned that allowing judges discretion raises the specter of bias, and studies show the criminal justice system has a history of being biased against people of color.  Heubusch said race should absolutely not be a factor in who is held and who is released but blanket policies by lawmakers who don't live in the communities dealing with crime are not the solution to racism.

"If judges are using race to incarcerate people, then they should be held accountable," Heubusch said. "We should not be changing the system so that more people can be victimized. We are allowing people who commit crimes to remain free due to decisions by lawmakers who are not dealing with these individuals in our communities."

The officers know the current bail scheme is not helping local communities, they said, because they see it every day.

"You really have to explain to the folks that are there complaining about what's going on in their neighborhood, that we can only go so far," Heubusch said. "The reason this person is not locked up is not because of me. It's not because of the judge. It's because of the state laws that say they can't be locked up. It's because of the state laws that say they can't be evicted from that apartment. It's because of the state law. You know, it's very difficult to explain that to somebody who really just wants to see their neighborhood get better."

Photo by Howard Owens. Chief Shawn Heubusch, Det. James Defreze, and Sgt. Christopher Lindsay

Press release:

At approximately 1:07 p.m. the Genesee County 911 Dispatch Center received a report from the Veteran's Administration Hotline that a male subject had called them and stated they were going to get a weapon and "shoot up a school". This information was immediately relayed to patrols in the City and throughout the County working. An initial trace of the phone number provided showed the phone to be in the City of Batavia area. Patrols were dispatched to each school in Genesee County as a precautionary measure, and all county-wide schools were placed into lockout.

Officers and investigators from multiple law enforcement agencies followed up on leads and determined the threat to not be credible and, in fact, was false. Currently, a juvenile is being interviewed by the City of Batavia Detective Bureau regarding the matter, no further information regarding the juvenile will be released at this time. 

All schools were released from lockout at approximately 2:25 p.m.

We wish to thank the public, the school districts and the other members of law enforcement for their assistance during this investigation.

UPDATE, statement from Batavia Superintendent Jason Smith:

After the events of this afternoon, I wanted to provide additional information regarding today’s lockout.

At around 1:30 p.m., the Batavia Police Department received a tip that a threat had been made against a local school. While no specific school was directly named in the threat, all schools in Genesee County went on lockout.

The Batavia Police Department worked quickly to identify the suspect, and after an investigation, the threat was deemed not credible. The lockout was lifted at 2:30 p.m..

At this time, there is no additional threat to the Batavia City School District, so all school activities will resume as normal.

While this was a stressful situation for all involved, I want to thank the Batavia Police Department, our administrators, teachers, and staff for handling our lockout procedures quickly and efficiently. While we train for situations like these and have strict protocols, we never want to have to use them. I thank everyone for their quick actions and commitment to keeping our students safe.

Please feel free to reach out to me or your student’s building principal should you have any additional questions or concerns. Thank you again for your cooperation and support.

Previously: UPDATED: Schools throughout Genesee County on lockout

Rosemary R. Waters, 37, no permanent address, was arrested on April 7 on two warrants out of City Court. On Aug. 17, Waters was taken into custody at a hotel on Oak Street, Batavia, on an unrelated warrant and was allegedly found in possession of narcotics and a modified fully automatic 9mm pistol with a 40-round magazine.  Waters was released pending lab results.  A warrant for her arrest was issued after the investigation was complete. On July 30, Waters was reportedly the passenger in a vehicle during a traffic stop on Mix Place, Batavia.  Waters is accused of providing a false name. Narcotics and a modified short-barrel shotgun were allegedly recovered inside the vehicle. A warrant was issued for her arrest. Waters was arraigned in Centralized Arraignment Court and released.

Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by City Court after his alleged failure to appear to answer to charges from four separate incidents. On April 23, 2022, Schroeder allegedly entered a residence on Liberty Street and stole a pack of cigarettes.  He was arrested on three days later and issued an appearance ticket. On April 29, Schroeder was arrested on a charge of DWI drugs and criminal possession of a controlled substance 7th.  He was arraigned in City Court and released. On August 25, 2022, patrol officers were dispatched to check the welfare of an individual "tweaking out" behind a business on East Main Street. Schroeder was arrested on warrants for alleged failure to appear on prior charges and was also charged with criminal possession of a controlled substance 7th. He was allegedly found in possession of narcotics and drug paraphernalia at the time of his arrest. He was arraigned in City Court and released. On Oct. 20, 2022, when Schroeder appeared in court on another matter, he was arrested and charged with criminal mischief. He is accused of kicking and damaging an electrical lock box on the exterior of a business on Jackson Street so he could charge his mobile phone. He was released under supervision. Schroeder was arraigned in Centralized Arraignment Court, and his release status is unknown.

Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with burglary 3rd, criminal mischief 3rd, and petit larceny. Culver is accused of making a forced entry into a business in the mall, causing damage, and stealing money. He was arraigned in City Court and released under supervision. 

Shawnna L. Lamont, 33, of Page Road, Perry, was taken into custody on an arrest warrant. Lamont is accused of failure to appear on a prior charge of criminal possession of a controlled substance 5th. She was initially charged Feb. 19 following a traffic stop on East Main Street, Batavia. Lamont was arraigned in City Court and ordered to appear on May 10. 

Breanna E. Brummond, 32, of Limekiln Road, Lyons, was arrested on two bench warrants issued our of City Court. Brummond is accused of failure to appear on appearance tickets issued in connection with prior arrests. Brummond was arrested on Feb. 3 along with Brittany L. Hollaert, 26, of St. Paul Street, Rochester, after the two women were the subject of a pursuit in a U-Haul van following a reported larceny at a local store. The suspects entered a residence on Burke Drive and allegedly tried to steal the homeowner's car.  Brummond was held in jail pending arraignment in Centralized Arraignment Court.  Her current release status is unknown. Previously: Unexpected visit ends in manhunt, K-9, and arrest in city neighborhood 

Adam Edward Roberts, 31, of Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and unsafe tires. Roberts was stopped at 4:02 a.m. on March 29 on West Main Street Road, Batavia, by Deputy Carolos Ortiz Speed. Roberts was issued an appearance ticket.

Christopher Scott Usselman, 31, no residence provided, is charged with criminal mischief 3rd and obstructing governmental administration 2nd.  Usselman is accused of damaging property inside the Genesee County Jail at 12:30 p.m. on April 18. He was issued an appearance ticket.

Kelly Anne Rodriguez, 50, of Clinton Street Road, Batavia, is charged with criminal contempt 2nd. Rodriguez is accused of violating an order of protection at 8:45 a.m. on April 12 at a location on Clinton Street Road, Batavia. Rodriguez was issued an appearance ticket.

Tylee D. "Love" Gaines, 44, of Summerville Drive, Rochester, is charged with two counts of criminal sale of a controlled substance 3rd, three counts of criminal possession of a controlled substance 3rd, and one count of criminal possession of a controlled substance 7th.  Gaines was arrested on a warrant stemming from a sealed Grand Jury indictment. The charges were sought by members of the Local Drug Task Force following an investigation into the sale of crack cocaine in the City of Batavia. Gaines is accused of selling crack cocaine to agents of the task force while in the City of Batavia. He was allegedly found in possession of 14 bags of crack cocaine, leading to additional charges not contained in the original indictment. Gaines was arraigned in County Court and released under supervision.

Raymond Amaro, 36, of East Main Street, Batavia, is charged with robbery 3rd, assault 2nd, grand larceny 4th, reckless endangerment 2nd, and leaving the scene of a personal injury accident. Amaro is accused of stealing car keys from a victim by force at a location on East Avenue and then striking that person with the vehicle while fleeing the scene on April 4 at an unspecified time. Amaro was arraigned in City Court and held on bail.

Andrew William Taylor, 35, of West Main Street, Batavia, is charged with arson 4th, reckless endangerment 2nd, and criminal mischief 4th.  Taylor was arrested by Deputy Jenna Ferrando. The Sheriff's Office released no information on the incident that led to the arrest of Taylor other than the incident was reported at 7:34 a.m., April 2, at a location on West Main Street, Batavia. Taylor was released on an appearance ticket.

Anthony Freeman Armstrong, Jr., 34, of Calmlake Circle, Rochester, is charged with possession of prison contraband.  Armstrong is accused of possessing contraband inside the Genesee County Jail at 10:35 p.m. on April 7. The Sheriff's Office did not release further information about the circumstances of Armstrong's arrest.  Armstrong was issued an appearance ticket.  Armstrong is also charged with criminal mischief 4th. Armstong is accused of ripping a hot/cold compress rendering it useless while inside the Genesee County Jail on April 12 and 8:30 a.m.

David Edward Brege, 36, of West Center Street, Ridgeway, is charged with promoting prison contraband 2nd and petit larceny. Brege is accused of stealing a $10 bill from another inmate at 4 p.m. on April 5 while in the temporary hold cell/booking area of the Genesee County Jail. He was allegedly found in possession of a $10 bill inside a secure holding area of the jail.  Brege was issued an appearance ticket.

Robert L. Drennen Sr., 41, of Holley Street, Brockport, is charged with grand larceny 4th. Drennen is accused of stealing a debit card on March 30 and withdrawing money from the victim's bank account without permission. Drennen was arraigned in City Court and released on his own recognizance.

Leonard E. Aguayo, 36, of Cross Street, Rochester, is charged with criminal trespass 2nd and resisting arrest.  Officer Sam Freeman reportedly tried to arrest Aguayo on a warrant on March 30. Aguayo allegedly resisted arrest. The warrant was the result of an investigation into a prior incident on South Main Street, Batavia. He was arraigned in City Court. Release status not reported.

Cody J. Nichols, 38, of North Street, Caledonia, is charged with petit larceny. Nichols is accused of stealing $300 in merchandise from a supermarket (the name of the market was not released). Nichols was issued an appearance ticket.

Samantha L. Tate, 30, of Federal Drive, Batavia, is charged with improper turn and DWI/drugs. Tate was stopped at an unspecified time on March 31 on Ellicott Avenue by Officer Sam Freeman. Tate was issued an appearance ticket.

Rickie L. Pitts, 56, of Prospect Avenue, Medina, is charged with DWI, aggravated unlicensed operation 1st, and no/inadequate headlamps. Pitts was stopped at an unspecified time on April 2 on Main Street at Jefferson Avenue by Officer Adam Tucker. His release status was not provided.

Joshua Edward Szumigala, 27, of Orchard Park Road, Oakfield, is charged with DWI, drinking alcohol or using cannabis in a motor vehicle, driving left of pavement markings, and moving from lane unsafely. Szumigala was stopped at 5:42 p.m. on April 1 on Batavia Oakfield Townline Road by Deputy Jacob Kipler. Szumigala was arraigned in Centralized Arraignment Court. His release status was not provided.

Rosemary Renee Waters, 37, no permanent address, is charged with petit larceny.  Waters is accused of stealing merchandise from an undisclosed store on Veterans Memorial Drive at 9:28 on April 7.

Justin Ryan Nadrowski, 31, of Pratt Road, Batavia, is charged with unlawful surveillance 2nd.  Pratt is accused of hiding a camera inside the bedroom of another person at a location on Pratt Road.  Nadrowski was jailed pending his arraignment.

Joshua M. Ruffin, 27, of Burrows Street, Rochester, is charged with criminal possession of a controlled substance 7th.  Ruffin was arrested by Deputy Trevor Sherwood.  The Sheriff's Office did not release details on the circumstances of his arrest. He was arrested on Main Street, Batavia, at 10:19 p.m. on March 19. He was arraigned in City Court and released. 

Ivette Amanda Dejesus, 21, of West Colvin Street, Syracuse, is charged with petit larceny. Dejesus is accused of stealing merchandise, along with two other women, from the Old Navy store in Batavia. Dejesus was processed at the Genesee County Jail and released on an appearance ticket.

Jennifer Sandra Lee, 39, of Therston Road, Rochester, is charged with criminal possession of a controlled substance 7th and promoting prison contraband 1st. Lee is accused of possessing a controlled substance and drug paraphernalia while inside the Genesee County Jail on April 11 at 4:54 p.m.  Lee was held pending arraignment.

Allison Ann Forsha, 31, of Nunda, is charged with two counts of petit larceny. Forsha is accused of shoplifting on April 11 from Dick's Sporting Goods and Target in Batavia. Forsha was issued an appearance ticket.

Chase P. Ackerson, 24, of Henrietta, is charged with DWI and driving with a BAC of .08 or greater. Ackerson was stopped by State Police at 9:29 p.m. on April 15 in the Town of Le Roy. He was issued an appearance ticket.

Palen Cordell, 19, of Le Roy, is charged with grand larceny 3rd. Cordell was arrested by State Police in connection with an incident reported at 11:15 a.m. on April 11 in the Town of Batavia. Cordell was also charged with criminal possession of stolen property 5th  for an incident reported at 6:10 p.m. on April 14 in the Village of Le Roy. The State Police did not release details on either incident. Cordell was released on his own recognizance. 

Genesee County Court Judge Melissa Lightcap Cianfrini this afternoon remanded a Town of Alabama man to county jail for at least the next several days while attorneys on both sides look into the circumstances surrounding an alleged burglary on the Tonawanda Indian Reservation.

Isaac D. Abrams, 22, who apparently owns smoke shops and dispensaries on the reservation, was charged by State Police with second-degree attempted burglary, a Class C felony, in connection with an incident at a dispensary on the evening of March 10.

He was arrested on March 30 and subsequently released with non-monetary conditions pending today’s court appearance.

Abrams has been under intensive probation supervision as a result of previous criminal charges, including first-degree burglary of a dwelling, causing injury, a Class B felony, and third-degree assault, a Class A misdemeanor.

During today’s proceedings and in light of the latest charges, Cianfrini pointed out that the probation department has recommended the revocation of Abrams’ IPS status – action supported by Assistant District Attorney Andrew DiPasquale.

At that point, Fred Rarick, who has represented Abrams since 2018, claimed that the charges were “merely allegations” and that his client turned over recordings that will show that “some people have ulterior motives.”

Rarick said that Abrams was invited to mediate a dispute at the business, and that the business owner, Cassi Abrams, “notified state troopers that my client did absolutely nothing wrong.”

“It’s a little bit premature to revoke the IPS,” Rarick said, adding that Abrams has been doing well in mandated drug treatment court.

Cianfrini, however, indicated that Abrams tested positive for marijuana on Thursday, and at that point, asked both lawyers to approach the bench. Following a five-minute discussion – during which Rarick could be heard stating that Abrams was asked to assist in the dispute involving family members – Cianfrini rendered her decision.

“I’m not revoking the interim probation supervision, but these are serious allegations,” she said. “I am remanding you, without bail, at this point (to let the attorneys research this).”

Before being handcuffed and led out of court, Abrams pleaded with the judge to set him free as “I need to get more recordings, please.”

Abrams is scheduled to return to treatment court next Thursday – two days after a scheduled appearance in Alabama Town Court.

Outside the courtroom after adjournment, Rarick said he respected Cianfrini’s decision, “but it’s just very interesting that this allegedly occurred weeks ago and he was just recently arrested.”

“Severe allegations of an armed robbery and he threatened to kill somebody? He did go and talk to the troopers and he explained everything. There are recordings which, when we go to trial, will be brought out to find out what these motivations are.”

Rarick also said there is a co-defendant in the matter.

“We’ll have to talk to his attorney. I don’t know, I wasn’t there,” he said. “There’s a lot going on with Mr. Abrams. He had his dispensary and he had another dispensary that was burned down. His other dispensary was robbed. So, I’m going to be looking into the motivations of these people.”

Concerning the positive test for marijuana, Rarick said that he has been informed that Abrams possesses a medical marijuana card.

“This whole thing is about relations, land disputes and it’s so sad,” he said, noting that cousins are at odds with each other, “Things that are happening on the Reservation. It used to be who gets to have a fuel station and now it’s who gets to have dispensaries there – and there are dispensaries every 50 feet or so.”

Rarick said Abrams was accused of taking money from a safe.

“I do question that when there is an allegation that a gun was involved, why the troopers didn’t go out immediately -- they know where Mr. Abrams is – to find this guy,” he said. “It doesn’t make any sense and I think that will come out in the trial once we get these people under a real oath versus a misdemeanor.”

Previously: Judge gives Tonawanda resident a chance to put his past behind him