crime

In Genesee County Court today, Matthew T. Zakrzewski faced the metaphorical equivalent of Door 1, Door 2, or Door 3.

Only Door 1 was already open.  It contained a maximum prison term on his arson charges of 10 years.

Behind Door 2 is the possibility of 20 years in prison, and behind Door 3 is a jury trial and a possible 40-year prison term if convicted.

Zakrzewski rejected Door 1 because he had done his own research and apparently believes he can beat the five possible felony charges pending against him.

While Zakrzewski's case has not yet been presented to a Grand Jury, he is currently charged with:

• Arson 2nd, intentional with a person present, a Class B felony, arrested on Jan. 16
• Arson 3rd, intentional damage to property, a Class C felony, arrested Jan.17
• Criminal mischief 4th, an A misdemeanor, arrested Jan. 16
• Burglary 2nd, a Class C felony, arrested Jan. 16
• Criminal mischief 3rd, a Class E felony, arrested Jan. 17
• Arson 5th, intentionally damaging property, an A misdemeanor, arrested Jan. 18
• Criminal mischief 3rd, a Class E felony, arrested Jan. 18

District Attorney Kevin Finnell communicated to Zakrzewski's attorney, Fred Rarick, a plea offer that would have Zakrzewski admit to two arson felonies in exchange for a sentence cap of 10 years in prison.

Initially, Zakrzewski accepted the plea offer but after "doing his own research," Rarick told Judge Melissa Cianfrini, Zakrzewski decided there were defenses available to him that might help him beat the charges at trial.

For example, Rarick said Zakrzewski believes he can claim he was drunk at the time of at least one of the crimes and use that as a valid defense.

Rarick said he regrets that there is no way, while Zakrzewski is in the Genesee County Jail, that the attorney could show him video the prosecution could present that purportedly shows Zakrzewski in the act of committing a crime. In his professional opinion, Rarick said, it would be hard to convince a jury, based on that evidence, that Zakrzewski was intoxicated.  He isn't stumbling around or displaying other signs of clear inebriation. 

In court on Tuesday, Finnell said that if Zakrzewski did not accept the pending plea offer by the end of the hearing, it would be withdrawn, and the cases against him would be presented to a Grand Jury. If indicted, the best plea offer Zakrzewski could hope for was a 20-year prison term.  If that was rejected, Finnell noted, and Zakrzewski was convicted at trial, he would face a maximum prison term of 40 years.

Zakrzewski told Cianfrini that he understood the offer and the consequences of rejecting it.

He also said that, based on Rarick's apparent belief that Zakrzewski would be convicted of the charges, he wanted a new attorney.

Cianfrini explained to Zakrzewski in multiple ways that the court had no authority to force the D.A. to reinstate a rejected plea offer, and that once it was withdrawn, it was entirely at the descretion of the District Attorney to decide what, if any, other plea offer might be made.

"It will be out of the court's hands," Cianfrini said. "It is on the District Attorney's authority.  The court cannot compel the District Attorney to make a plea offer."

Zakrzewski said he understood that.

She also explained that Rarick had a law degree and passed the bar.

"He has many years of criminal defense experience," Cianfrini said. "His job is to make an assessment of the case based on his training and experience and offer you advice."

"Do you have a law degree?" she asked Zakrzewski.

"No," he said.

Cianfrini told the defendant, "You don't have the background or the training and experience, but it is absolutely your decision."  She wasn't trying to influence his decision, she said, but wanted only to make it clear the limits of the court's authority and that once the decision was made, it couldn't be undone.

"His job is to look at the evidence and advise you," she said. "When he tells you things, he's not working against you. He's telling you based on his experience and training, this is what he thinks."

Rarick said that while in his professional opinion Zakrzewski should accept the plea offer, he was ready and willing to assist Zakrzewski in pursuing his right to challenge evidence, make motions, and mount a defense.

After the discussion, Zakrzewski agreed, at least for the time being, to keep Rarick as his attorney.

The 42-year-old Zakrzewski is accused of setting a chair on fire at Washington Towers in mid-January. Later in January, he was accused of starting a fire at a residence on Bank Street earlier in the month. He was later arrested in connection with a reported mid-January fire, also on Bank Street.

A Batavia man facing a manslaughter charge for allegedly letting the mother of his children die of a drug overdose entered a not-guilty plea in County Court on Monday.

Makeen Ithna-Asheri, 61, is accused of buying drugs for Anda Ithna-Asheri, 61, and then when she overdosed, he allegedly failed to provide aid.

Police were called to the Ithna-Asheri residence at Northside Meadows at 9:32 p.m., Dec. 31, to investigate a report that two adults had overdosed in the presence of their children.

When patrols arrived, Anda Ithna-Asheri was already dead.  Emergency responders administered several doses of Narcan to revive Makeen Ithna-Asheri, according to police.

The children were reported to be aged seven and 10.

Last week, Ithna-Asheri was indicated by a Genesee County Grand Jury on counts of manslaughter in the second degree, two counts of endangering the welfare of a child, and criminal possession of a controlled substance 7th.

Ithna-Asheri entered a not-guilty plea to all charges.

Motions in the case are set to be argued at 1:45 p.m. Aug. 9 in Genesee County Court.

Judge Melissa Cianfrini continued Ithna-Asheri's confinement status at $50k bail, $100k bond, and $150k partially secured bond. Still in jail on the same bail.

A Basom resident admitted in County Court on Monday that he stole a vehicle and assaulted a police officer in exchange for a potential prison term of no more than seven years.

Justice C. Coniglio, 31, of Basom, entered guilty pleas to grand larceny 3rd for stealing a 2013 Chrysler 2000 and assault 2nd in connection with an incident at his home on Bloomingdale Road, Basom.

His plea deal caps his sentence at 1 1/3 to three years on the grand larceny conviction and 3 1/2 to seven years on the assault conviction, with the sentences to run concurrently.

The plea satisfied pending charges of resisting arrest and obstruction of governmental administration.

Coniglio was arrested on April 25 on the grand larceny charge and on July 23 on the assault charge.

The assault charge seemed to stem from an incident that also involved Jarrett C. Coniglio.  Jarrett hit a neighbor, while on the neighbor's property, over the head with a beer bottle and then was involved in the fight with deputies that led to one of the deputies being bit by K-9 "Frankie." The deputy suffered a puncture wound.

Last week, Jarrett was sentenced to five years in prison.

Justice Coniglio will be sentenced at 1:30 p.m. Aug. 30.  In the meantime, Judge Melissa Cianfrini ordered that he remain held in the Genesee County Jail on $20,000 bail, $40,000 bond, or $60,000 partially secured bond.

Press Release:

The Batavia Police Department is looking for help in identifying a person of interest in a larceny at Tops Supermarket which occurred on June 2 at approximately 10:05 a.m. Anyone with information on the identity of the person in the photo is asked to contact Officer Christopher Lindsay at 585-345-6350, the confidential tip line at 585-345-6370. Please do not post tips on Facebook or Twitter as the posts are not continuously monitored.

Several gunshots were reportedly fired at houses on Bethany Center Road in the Town of Bethany sometime after 9 p.m., Saturday and into the early hours of Sunday, the Sheriff's Office reports.

The incident occurred between Mayne Road and Raymond Road.

There is no known motive for a targeted attack, officials said.

A two-door dark blue car with a loud exhaust was reportedly observed in the area driving up and down Bethany Center Road at approximately 8:30 p.m., Saturday.

There were no injuries reported.

Anyone with information that may assist in the ongoing investigation is asked to contact Investigator Ryan DeLong at (585) 343-5000, extension 3572 or ryan.delong@co.genesee.ny.us.

Jarrett C. Coniglio says he's a family man.

In court on Tuesday, he had his doubters.

Assistant District Attorney Joseph Robinson noted that Coniglio assaulted a neighbor without provocation in a surprise attack, and used his brother's name to try and avoid a DWI rap.

"That doesn't sound very family-centered to me," Robinson said.

County Court Judge Melissa Cianfrini cited the same issues in her remarks before sentencing Coniglio to five years in prison on his assault conviction and 1 1/3 to four on his DWI conviction.

"I don't question that you love your family, but I question how you show it," Cianfrini said.

Coniglio entered his guilty plea at a previous court appearance in satisfaction of two Grand Jury indictments. In the first one, he was charged with aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree.

In entering his guilty plea, he admitted to driving on May 7, 2021 without a license and while drunk on Judge Road in Alabama. At the time he was arrested, he used the name "Grayson B. Ground," who is apparently his brother, according to statements by Robinson and Cianfrini. Ground's name was on official government documents in Coniglio's attempt to conceal his real identity.

In the second indictment, he was charged with assault in the second degree, resisting arrest, and obstructing governmental administration.

Robinson said that, on July 23, Coniglio attacked his neighbor, who was working on his own gravel driveway, in a surprise attack from behind, striking him with a glass bottle.  When deputies arrived, Coniglio fought with them in a small, enclosed area of his house, which led to the Sheriff's K-9 on scene and accidentally biting a deputy, causing a puncture wound. 

When Coniglio admitted to the assault, DWI, and forgery, he promised to stay out of trouble until his sentencing in exchange for a 2 1/2 year sentence cap.

In the middle of April, Coniglio was charged with attempted murder, along with: 

• Assault 1st, a Class B felony;
• Criminal possession of a weapon 3rd, a Class D felony;
• Intimidating a witness 3rd, a Class E felony;
• Criminal mischief 4th, an A misdemeanor; and,
• Menacing 3rd, a B misdemeanor.

He is accused of attacking a male victim with a knife causing serious physical injury. 

Rather than being a family man, Robinson said Coniglio has multiple children with a mother he doesn't contact, and by court order can't contact. He said Coniglio has "shown himself to be somebody who looks out for himself. He does what he's going to do without any regard for anybody else."

Robinson called Coniglio a danger to society.  He asked for a seven-year term on the assault conviction.

When it came his turn to speak before he was sentenced, Coniglio said, "My family means so much to me."

He expressed concern about his mother's health and said he wanted to be there for her to help her. He also said that he wanted to take care of his children.

"I just want a chance to be a better person for my family," he said.

The start of the hearing was delayed because Coniglio's retained attorney, Frank Bogulski of Buffalo, wasn't in court as Cianfrini expected.  In his place, Bogulski's assistant, James Mciver, who has represented Coniglio at all prior appearances and wrote the defense's sentencing memorandum. 

Yet, Bogulski asked for a continuance of Tuesday's sentencing.

Cianfrini said Bogulski had plenty of opportunity to ensure he could be at the hearing.  She asked Mciver where he was and Mciver said Bogulski was representing another client at a proceeding in a court in Buffalo.  Cianfrini wanted to know the number of the courtroom Bogulski was in, and the name of the judge he was appearing before.  She ordered a 15-minute recess and instructed Mciver to have that information before the hearing resumed.

When court was back in session, Mciver indicated he had spoken to Bogulski and that the attorney still requested a continuance, but Mciver did not know what court his boss was in or the name of the judge for that appearance.  

Cianfrini reminded Mciver that she gave him clear instructions to obtain that information.  She said the sentencing would proceed since Mciver was already clearly familiar with the case.

Mciver protested that Bogulski was the more experienced attorney and should really represent Coniglio at the proceeding. 

Cianfrini expressed confidence in Mciver's abilities based on his prior appearances and his sentencing memorandum, and commenced the hearing on the sentencing. 

When Andre Lamar Roberts stepped into court on Tuesday, he would later reveal, he already knew he had messed up.

County Court Judge Melissa Cianfrini had told the 29-year-old Rochester resident at a previous court appearance that she saw potential in him.

At that appearance, Roberts entered guilty pleas to charges of resisting arrest and bail jumping in the third degree in satisfaction of multiple other charges against him. Pending sentencing, Cianfrini allowed him to enter a substance abuse program at GCASA.

He was there a week, according to the Probation Department, before he left in violation of the rules and went to a location where he could consume some edibles, drink some booze, and perhaps partake in cocaine (though he disputes that accusation). 

"I let myself down," Roberts said. "I disappointed myself by leaving.  I owe you a huge apology. You gave me a chance to get clean and change my life and I let you down."

He said the decision was a lapse in judgment.

"There is no excuse," he said. "I feel like I'm smarter than that, wiser than that, more mature than that."

He also said he regretted that his lapse of judgment meant that he was in jail when news reached him that his mother had died.

Roberts thanked his attorney, Fred Rarick, for his support and encouragement once Roberts realized he lost his chance to stay out of jail on his latest conviction.

District Attorney Kevin Finnell had earlier told Cianfrini that Roberts should be sent to jail, and Roberts couldn't disagree. Quoting from a devotional, the Daily Bread, and a psalm, Roberts said he put his faith in God that he could handle the judge's decision.

Finnell noted that Roberts had failed to appear for court appearances six times and that he had two probation revocations on his record, and one parole revocation.

"He continues to shun the court and the community and he could be part of it," Finnell said. " He is not a candidate to be released into the community."

Cianfrini told Roberts, "You don't need to apologize to me. You need to apologize to yourself and you need to apologize to your mother."

She noted that the young man's mother made every court appearance to support her son, and she believed in him and wanted the best for him.  

Cianfrini said she tried to show him the right path but "you need to decide who you're going to be in our society."

The judge told Roberts that he did need to be kept apart from the community for a while so he could have time to clear his head, think more clearly, and decide upon his priorities. 

"There are always going to be bumps in life, and it's how you deal with them that determines who you will be," she said. "It's up to you to decide what kind of person you want to be when you get out (of jail)."

She gave him nine months in jail on the resisting arrest conviction and eight months on bail jumping, to run consecutively.

Jonathan P. “Bless”  Little, 32, of Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, resisting arrest, and criminal impersonation 2nd. During a traffic stop in the City of Batavia on May 12, officers determined that the passenger of the vehicle was proving a false name. Batavia patrol officers identified the passenger as Little and that Little had several Genesee County warrants.  During a search, Little was allegedly found in personal possession of several bags of cocaine. Little was booked into the Genesee County Jail pending arraignment. Batavia PD was assisted by the Local Drug Task Force.

Carl T. Amesbury, 29, of School Street, Batavia, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Amesbury was arrested by Batavia PD while dealing with an unrelated matter on a warrant stemming from a sealed indictment. It's alleged that Amesbury sold crack cocaine to an agent of the Local Drug Task Force. Amesbury was arraigned and released under supervision.

Richard Alan Steen, 53, of Lake Street, Le Roy, is charged with criminal possession of a weapon 2nd, criminal mischief 2nd, and menacing 2nd. Steen was arrested by deputies Morgan Ewert and Ryan Young after they responded to a call of a disturbance at 8:54 p.m., May 27, at a residence on Cole Road, Le Roy. Steen allegedly displayed a long gun in a threatening manner and allegedly shot a camper causing damage to it. He was arraigned in Town of Le Roy Court and released.

Tammy O'Shea, 50, of Stafford, is charged with grand larceny 3rd and filing a false instrument 1st. O'Shea is accused of marrying in 2019 and failing to report her husband or his income to Social Services. She allegedly received $5,265 in SNAP benefits she was not qualified to receive. O'Shea was arraigned in Town of Batavia Court and released on her own recognizance.

Angela Mueller, 49, of Corfu, is charged with grand larceny 3rd, grand larceny 4th and filing a false instrument 1st. Muller allegedly failed to report income and as a result, received $1,454 in SNAP benefits she should not have received.  She was issued an appearance ticket.

Chandah Sundown, 30, of Batavia, is charged with 11 counts of filing a false instrument 1st and one count of grand larceny 3rd. Sundown is accused of failing to report that the father of her children was residing in her residence and earning income. As a result, Sundown allegedly received $8,353 in SNAP benefits she should not have received. She was arraigned in Town of Batavia Court and released on her own recognizance. 

Megan Courtney, 26, of Batavia is charged with grand larceny and three counts of filing a false instrument. Courtney is accused of failing to report that the father of her children was residing in her home and earning income. As a result, Courtney allegedly received $6,830 in SNAP benefits she was not eligible to receive.

Matthew Edward Schultz, 32, of Park Avenue, Lockport, is charged with DWI, driving with a BAC of .18 or greater, speeding, and uninspected motor vehicle. Schultz was stopped at 12:23 a.m., May 29, on Lewiston Road,  Batavia, by Sgt. Mathew Clor.

Jacquelyn Mary Siverling, 41, of South Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, improper signal, and moving from lane unsafely. Siverling was stopped at 7:47 p.m., May 20, on South Main Road, Pembroke, by Deputy Trevor Sherwood. 

Riann Ledford, 27, of West Main Street, Le Roy, is charged with harassment 2nd and criminal obstruction of breathing or blood circulation. Ledford was arrested by Officer Zachary Klafehn following the report of a dispute at 6 p.m., May 24, at a location on West Main Street, Le Roy.  Ledford was arraigned in Town of Le Roy Court for the purpose of issuing an order of protection and released on her own recognizance.

Thomas J. Wolcott, 38 of Batavia, is charged with criminal contempt 1st. Wolcott is accused of violating an order of protection. He was arraigned in City Court and ordered held on $10,000 bail.

John L. Smith, 47 of Batavia, is charged with Felony DWI, felony driving with a BAC of .18 or greater, and speeding. Smith was stopped by a Batavia patrol officer at 1:14 a.m., May 13, in the City of Batavia. He was released on appearance tickets.

Katrina M. Mana, 37, of Batavia, is charged with petit larceny. Mana was arrested by State Police on a complaint reported at 3:30 p.m., May 28, on the Town of Batavia. She was issued an appearance ticket. No further information released.

Andrew A. Searight, 35, of Batavia, and Jerrtonia A. Scarbrough, 24, of Batavia, are charged with aggravated cruelty to animals. Searight and Scarbrough are accused of abandoning an animal in a cage for an extended period of time at a residence on Bank Street.  The incident was reported at 9:18 a.m., May 10. They were both issued an appearance ticket.

Angela N. Bennett, 24, of Strathmore Circle, Rochester, and Shamya I. Brown, 22, of Verona Street, Rochester, are charged with grand larceny 4th.  Bennett and Brown are accused of stealing $1,726.28 in merchandise from Dick's Sporting Goods in Batavia at 1:10 p.m., May 23.  Deputies responded to a report of a larceny in progress and later located the suspect vehicle on River Street in the City of Batavia. Both were issued appearance tickets.  The case was handled by Investigator Erik Andre and Deputy Trevor Sherwood.

Brandon Charles Dodd, 35, of Montclair Avenue, Batavia, and Trace Garrett Brewer, 21, of Montclair Avenue, Batavia, are charged with petit larceny. Dodd and Brewer are accused of stealing air conditioner units from Walmart at 3:38 p.m., May 22. Dodd was also arrested by Batavia PD on petit larceny and conspiracy charges. He is accused of stealing several cans of Red Bull from a business on West Main Street at 10:52 p.m., May 5. Brewer is charged with conspiracy related to the same incident.

Jamian J. "Jay" Edwards, 38, of Lake Avenue, Rochester, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd.  Edwards is accused of selling crack cocaine to an agent of the Drug Task Force in the City of Batavia. He was taken into custody on an arrest warrant while checking in with Monroe County Probation and turned over the Sheriff's Office.

Timothy Robert Nurmi, 30, of West Main Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment 2nd.  The alleged incident was reported at 11:15 a.m., May 24, at a location on West Main Street, Le Roy. The charges are a misdemeanor and a violation. Nurmi was arraigned in Town of Le Roy Court for the purpose of issuing an order of protection and released on his own recognizance.

Alexis Rae Kenyon, 28, of Church Street, Le Roy, is charged with aggravated harassment, 2nd. The alleged incident was reported at 12:59 p.m., May 26, at a location on Church Street, Le Roy. Kenyon was released on her own recognizance.

Anthony Wade Travis, 59, of West Main Street, Batavia, is charged with bail jumping 2nd. Travis is accused of failing to appear as ordered in County Court on a felony charge. Travis was issued an appearance ticket.

Thomas William McCabe, III, 44, of Scio (no street address provided), is charged with attempt grand larceny 3rd, criminal mischief, aggravated unlicensed operation, and driver's view obstructed.  McCabe is accused of trying to steal Diamond C. equipment trailer in the Town of Darien at 1:15 a.m., May 21. He was arrested by Deputy Austin Heberlein.  He was released on an appearance ticket.

Marie Rachael Brown, 44, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Brown was stopped at 2:26 a.m., May 22, on Route 237, Stafford, by Sgt. Mathew Clor. She was released on traffic tickets.

David Carl Stephens, 56, of Prole Road, Stafford, is charged with criminal contempt 2nd, obstructing governmental administration, and harassment 2nd.  Stephens is accused of violating an order of protection and of attempting to fight with deputies when they responded to a complaint at a residence at Prole Road, Stafford, at 3:48 p.m., May 23.

Terrence T. Freeman, 31, of Batavia, is charged with trespass. Freeman is accused of refusing to leave a residence on Liberty Street at 10:16 p.m., May 14. He was issued an appearance ticket.

Anthony D. Underwood, 22, of Buffalo, is charged with criminal contempt 2nd, unlawful imprisonment 2nd and criminal mischief 4th. Underwood was arrested by Batavia PD following an investigation into a disturbance reported at 6 p.m., May 16, on South Main Street, Batavia. He was arraigned in City Court and ordered held on $5,000 bail or $10,000 bond.

Zoro D. Reisman, 18, of Batavia, is charged with petit larceny. Reisman is accused of stealing sausages from a business on Ellicott Street at 1:37 p.m., May 15. He was issued an appearance ticket.

Garrett L. Strickland, 30, of Medina, criminal contempt 2nd. Strickland was arrested on a warrant.

Crystal A. Mounts, 44, of Batavia, is charged with failure to appear. Mounts was wanted on six warrants out of City Court related to a series of crimes she is accused of committing within the calendar year. Mounts is accused of failing to appear on the charges on April 29. Mounts was arraigned in City Court and released.

Press release:

The Genesee County STOP-DWI Coordinator announced today that Genesee County law enforcement agencies, including the Genesee County Sheriff’s Office, the City of Batavia Police Department and the Village of LeRoy Police Department will be participating in a coordinated effort with the STOP-DWI program to bring awareness to the dangers of impaired driving.

The statewide STOP-DWI High Visibility Engagement Campaign will start Thursday, May 27, 2022 and will continue thru Tuesday, May 31, 2022.  Memorial Day weekend is one of the busiest travel holidays and marks the official start of summer.  New York State Police, County Sheriffs, municipal law enforcement agencies, and local STOP-DWI programs will be collaborating in force across the state in an effort to reduce the number of alcohol-related injuries and deaths.

While STOP-DWI efforts across New York have made great strides in reducing the number of alcohol and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers.

You can make a difference by having a sober plan to get a safe ride because impaired driving is completely preventable – all it takes is a little planning.  Visit www.stopdwi.org for more information. 

Genesee County Sheriff's dispatch reports that he's received walk-up complaints of a person in a green hoodie and black pants on Main Street near Center Street walking up to people and spitting on them.

Batavia patrol officers responding.

UPDATE 2 p.m.: Sheriff William Sheron received a phone call reporting that a man was on Main Street spitting on people. He radioed the report to dispatch. Police on scene said that upon arrival, they were told that the man had spit on two women. The first woman had left the scene, and the second woman declined to press charges. The police interviewed the man and sent him on his way.

A Rochester man was arrested yesterday on a charge of petit larceny after allegedly stealing two crossbows from Dick's Sporting Goods on Veterans Memorial in Batavia.

Staff at Dick's reported a theft of crossbows as the suspect drove away and provided dispatchers with a description of the vehicle. 

A car driven by William Jefferey Gould, 39, of Affinity Lane, Rochester, was later stopped by State Police on I-490 and the crossbows were recovered.

Gould was also reportedly driving a stolen car from Freece.

The theft of the crossbows was investigated by Deputy Eric Meyer and Deputy Ayrton Blankenberg.

Gould was released on appearance ticket and turned over to police officers in Greece.

Christopher C. Say is indicted in counts of assault 2nd, criminal possession of a weapon 3rd, attempted arson 3rd, criminal mischief 2nd, making a terroristic threat, and criminal mischief 4th. Say is accused of using a dangerous instrument to cause serious injury to another person on Dec. 26 in the Town of Stafford. He is accused of using brass knuckles. He is attempting to start a fire to damage a detached garage at a location on Main Road in Stafford. He is accused of damaging the property of another person in excess of $1,000 in value. He is accused of threatening several troopers, deputies, and firefighters. He is accused of damaging an armored police vehicle. (Click here for previous reports of this incident.)

Adam E. Bortle is indicted on counts of promoting prison contraband 1st and three counts of criminal possession of a controlled substance 7th. Bortle is accused of bringing narcotics into the Genesee County Jail on March 20, specifically Alprazolam, Fentanyl, and cocaine.

Gerard H. Altenburg is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater, and reckless driving. Altenburg is accused of driving a 2006 Dodge on Route 5 in the Town of Pembroke while intoxicated on Dec. 1. He was previously convicted of DWI in the Town of Pembroke in June 2016.

Eric T. McGrain is indicted on a count of felony DWI.  He is accused of driving a 2019 Chevrolet on Jan. 8 in the Town of Batavia. He was previously convicted of DWI in June 2012 in the Town of Greece.

Marcella F. Greene is indicted on counts of criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 7th. Greene is accused of possessing cocaine in a quantity significant enough to sell and a quantity of Fentynal on Dec. 21 in the Town of Batavia.

Edward S. Demetsenaere is indicted on counts of felony DWI and aggravated unlicensed operation. Demetsenaere is accused of driving drunk on Oct. 27 in the Town of Pavilion.

David B. Kenjockety is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation. Kenjockety is accused of driving drunk on Aug. 13 in the Town of Darien. 

Jason P. Gorton is indicted on a count of assault 1st. Gorton is accused of causing serious injury to another person by use of a dangerous instrument, a mobile phone.

Isaac D. Abrams is indicted on counts of burglary 1st and assault 3rd. Abrams is accused of entering a dwelling on Bloomingdale Road, Town of Alabama on Dec. 28 with the intent of committing a crime. He is accused of causing injury to another person.

Stephen S. Bogle, 35, of Batavia, is charged with grand larceny 3rd and falsifying business records 1st. Bogle is accused of going to his place of employment on Bank Street, Batavia, and punching in, then leaving for eight to 12 hours, then punching out, without ever physically being present at work. He is accused of stealing $13,148.63 as a result of this scheme.  He was arraigned in City Court and released on his own recognizance. 

Gerald Brinson Jr., 33, of Rochester, is charged with burglary 2nd, grand larceny 4th, criminal mischief 3rd, criminal possession of a weapon 3rd, endangering the welfare of a child, falsely reporting an incident 3rd, and menacing 2nd. At 9:30 a.m., May 17, Emergency Dispatch received a call of a disturbance and burglary in progress at a residence on Oak Street. Brinson is accused of entering the residence of a woman he knew and attacking her. According to Batavia PD, he was wanted on a gun case in Monroe County.  When patrols arrived, officers determined the victim and her year-old son had escaped from the residence but Brinson was still inside, refusing to exit. Officers from the Genesee County Sheriff's Office, NYS Police, and NYS Environmental Conservation arrived to assist. While Brinson Jr was inside the residence, he allegedly called in a fake report of gunfire on Ellicott Avenue. Eventually, Brinson Jr came out of the residence and was taken into custody. Brinson was arraigned in City Court and ordered held on $25,0000 bail, $50,000 bond, or $100,000 partially secured bond.

Tonya M. Weber, 38, of Batavia, is charged with petit larceny. Weber is accused of leaving a business on West Main Street, Batavia, at 5:40 p.m., April 13, with a bag of groceries without paying for them. She was released on an appearance ticket.

Steven M. Lindner, 49, of Albion, was arrested on a bench warrant. Lindner was wanted on a warrant out of City Court.  Linder was arraigned and the case was disposed by the judge. Lindner was released and does not need to return.

Dierdre A. Louchren, 56 of Batavia, is charged with failure to appear. Louchren was arrested on a warrant. She was originally arrested in 2020 on an abandonment of animals charge. Louchren was arraigned in City Court and ordered to appear on May 19.

Cheryl M. Figoura, 42, of Batavia, is charged with petit larceny. Figoura is accused of stealing money from her employer on Oak Street at 5 a.m., May 5.  She was issued an appearance ticket.

Christopher P. Thomas, 38, of Batavia, is charged with criminal mischief 4th. Thomas is accused of damaging another person's property on State Street, Batavia, at 1:22 p.m., April 23.  He was issued an appearance ticket.

Cynthia C. Richardson, 42, of Batavia, is charged with failing obligation of parent or guardian. On 12:59 a.m., May 5, Richardson allegedly failed to stop her child from going outside without a parent or guardian past curfew. Richardson was issued an appearance ticket.

Ashley M. Davis, 33, of Batavia, is charged with failing obligation of parent or guardian. On 12:59 a.m., May 5, Davis allegedly failed to stop her child from going outside without a parent or guardian past curfew. Davis was issued an appearance ticket.

Ronnie J. Flinchum, 63, of Batavia, is charged with harassment 2nd. Flinchum is accused of threatening physical contact with another person during a dispute reported at 8 p.m., April 28, on Bant Street, Batavia. Flinchum was issued an appearance ticket.

Jonathan Chisler, 31, of Bacon Street, Le Roy, is charged with aggravated harassment 2nd. Chisler was arrested following a complaint regarding an incident reported at 9:38 a.m., May 13, at a location on Union Street, Le Roy. He was issued an appearance ticket.

Ethan Thomas Cifeill, 24, of Bernd Road, Le Roy, is charged with petit larceny. Cifeill is accused of stealing something from a location on South Street, Le Roy, at 8:02 p.m., May 14.

Latoya Denise Jackson, 36, of State Street, is charged with criminal contempt 2nd, resisting arrest, obstruction of governmental administration, and criminal trespass 2nd. Jackson was allegedly at a property on West Main Street Road at 10:11 a.m., May 17, and refusing to leave. Jackson was arraigned in Town of Batavia Court and released on her own recognizance.

Michael David Wiedrich, 52, of Boyd Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Wiedrich was stopped at 1:45 a.m., May 18, on North Street, Le Roy, by Deputy David Moore. He was released on appearance tickets.

Suzanne Marie Kennelly, 32, no address specified, Batavia, is charged with unlawful fleeing a police officer 3rd, DWI, driving with a BAC of .08 or greater, speeding, and moving from lane unsafely. Kennelly is accused of failing to pull over at 7:14 p.m., May 6, when Deputy Trevor Sherwood attempted to stop her on Wight Road, Alabama.  She is scheduled to reappear in Town of Alabama Court at 6 p.m., July 5.

Michael James Fox, 37, of Park Avenue, Oakfield, is charged with forcible touching. Fox was arrested following a complaint lodged at 5 p.m., May 9, on Park Avenue, Oakfield. An order of protection was issued and he was released on his own recognizance.

Maria Lynn Dimartino, 56, of Rollin Circle, Batavia, is charged with petit larceny. Dimartino is accused of using the bar code on a 32-inch TV to purchase a 50-inch TV at BJ's Wholesale Club at 7:25 p.m., April 21.  She was issued an appearance ticket.

Batavia PD responded to Subway, 412 E. Main St., at 5:56 p.m. after receiving a report of a robbery in progress, and upon arrival learned the suspect had fled in an easterly direction.

After obtaining a description of the suspect, officers located a man matching the description at an apartment complex on East Main.  He was taken into custody and identified as Benito A. Gay, 34, of Batavia.

He is charged with robbery and another unspecified charge. He was arraigned in City Court and ordered held without bail.

There were no weapons displayed during the robbery, police said. 

Additional evidence was recovered after Gay's arrest, according to police. 

He is scheduled to appear in City Court again at 1:30 p.m. May 19.

Gay has other prior arrests in Batavia, most recently in March when he was accused of stealing three beers from the Kwik Fill at Jackson and Ellicott.

Kimberly A. Brodsky, 30, of Rochester, is charged with unauthorized use of a motor vehicle. Brodsky was arrested on a warrant issued in connection with an incident reported on April 13. Brodsky is accused of using another person's car without consent. Rochester Probation located and turned over Brodsky to the Batavia Police Department for processing. She was arraigned in Batavia City Court and released under supervision to reappear on May 25. The incident was investigated by Officer CJ Lindsay and Officer Nicole McGinnis with the assistance of Monroe County Probation.

Ronald E. Brown, 63, of East Main Street, Batavia, is charged with two counts of harassment 2nd. It is alleged that Brown spit at an individual and threatened to kill another individual. He was arraigned in City Court and released to appear on May 19 for further proceedings. Officer Peter Flanagan investigated the incident.

Rufus G. Johnson, 28, of North Chili, is charged with failure to appear on a larceny charge in March of 2022. A warrant was issued for his arrest. He was arraigned in City Court and released pending a new court appearance date. Officer John Gombos investigated the incident.

John W. Murphy, 49, of Hutchins Street, Batavia, is charged with DWAI/Drugs following a traffic stop on May 7. Murphy is accused of refusing to submit to a chemical test. He was arraigned in City Court and scheduled to reappear at a later date. The incident was investigated by Officer John Gombos and Officer Kevin DeFelice.

Loretta L. Baer, 50, of Wood Street, Batavia, is charged with failure to appear on a pending harassment charge. She was arraigned in City Court and released. The incident was investigated by Officer Wesley Rissinger and Officer Stephen Quider.

Brian M. Raphael, 34, of Fisher Park, Batavia, was arrested on April 3 on a bench warrant for the charge of petit larceny related to an incident reported in March 2022. Raphael is accused of failure to appear. He was arraigned in City Court on the warrant and released. The incident was investigated by Officer Peter Post.

Jessica L. Holtz, 38, of Williams Street, Batavia, was arrested on May 1 on two bench warrants issued by Batavia City Court for alleged failure to appear on two charges of petit larceny. She was arraigned and released. The incidents were investigated by Officer CJ Lindsay, Officer Wesley Rissinger and Officer Stephen Smith.

Le Roy PD is looking for information leading to the arrest of a suspect in multiple car break-ins that occurred in the early morning hours today,

Surveillance video obtained by Le Roy PD from local residents and shared with The Batavian shows a male subject in a white hoodie and wearing a black backpack attempting to open the doors of vehicles parked in residential driveways.

Chief Greg Kellogg said investigators are asking area residents to check their own camera video to see if they captured any suspicious activity and share the footage with Le Roy PD.

There may be more than one person involved.

The suspected criminal activity took place between 1 a.m. and 5 a.m.

Anyone who may have witnessed any suspicious activity, has video or can identify the suspect in the home surveillance camera footage is asked to contact the LeRoy Police Department at (585) 345-6350 or info@leroypolice.org

Bria Chaquan Carson, 30, no street address provided, Rochester, Chas Westley Burgess, 36, street address redacted, Rochester, and Robert Earl Wyche, 49, street address redacted, Rochester, are each charged with criminal possession of a controlled substance 3rd. Each was allegedly found in possession of fentanyl and cocaine at a location on Oak Street in Batavia at 3 a.m. on May 7. The case was investigated by Deputy Jeremiah Gechell and Deputy Morgan Ewert. All three were arraigned in City Court. Carson was released on his own recognizance. Burgess and Wyche were ordered held on no bail.

Mikhail Eric Lundberg, 32, of State Street, Blasdell, is charged with DWAI/combined drugs and alcohol. Lundberg was arrested on a warrant stemming from an incident at 9 a.m., Dec. 29, on Main Street in Corfu. He was arraigned in Town of Pembroke Court and released on his own recognizance. 

Kevin Brown Goodenough, 65, of Stone Road, Rochester, is charged with sexual abuse 1st. Goodenough was arrested in connection with an incident reported at noon on Oct. 8, 2017, on Lincoln Avenue in Le Roy. He was arraigned in Town of Le Roy Court and ordered held on $10,000 bail, $15,000 bond, or $40,000 partially secured bond.

Kayla Jean Nicolucci, 30, of Ridge Road, Elba, is charged with petit larceny. Nicolucci is accused of shoplifting from Walmart at 4:59 p.m. on May 7.  She was released on an appearance ticket.

Jerome Wayne Amesbury, 56, of Gilbert Road, Bergen, is charged with harassment 1st and stalking 4th. Amesbury is accused of stalking and harassing a victim on Gilbert Road in Bergen at 9:52 p.m. on May 7. He was arraigned in Bergen Town Court and released on his own recognizance. 

Jimmy L Moore, 45, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. He was stopped by state police at 4:34 p.m. on May 7 in the city of Batavia. He was released on an appearance ticket.

Jason T. Knickerbocker, 30, of Bethany, is charged with criminal possession of a controlled substance 7th, DWAI combined influence of drugs, operating a motor vehicle with its registration suspended, uninspected motor vehicle, and driving a motor vehicle without insurance. Knickerbocker was reportedly found in a motor vehicle in a parking lot on West Main Street at 11:55 a.m. on Feb. 7 under the influence of drugs. Knickerbocker was allegedly found in possession of several bags of fentanyl. He was issued an appearance ticket.

Stephen Matthew Smith, 33, of Pleasant Street, Le Roy, is charged with failure to register sex offender change of address. He was charged with a Class D felony because of a prior conviction on the same charge. He was arraigned in Town of Le Roy Court and jailed without bail.

Daniel Norstrand, 66, of Church Street, Le Roy, is charged with criminal contempt 2nd and menacing 3rd. Norstrand was allegedly involved in a disturbance on Church Street at 8:56 p.m. April 28. He was released on an appearance ticket.

Jacklyn Ann Collins, 33, no address provided, is charged with petit larceny. Collins is accused of shoplifting from Tops Market in Le Roy at 4:14 p.m. April 26. She was released on an appearance ticket.

Cheyanne Alexis Lauer, 26, of Main Road, Pembroke, is charged with petit larceny. Laura is accused of skip-scanning items at a retailer on Veterans Memorial Drive, Batavia (the address and name of the retailer were not included in the press release; The Batavian has submitted a public-information request for release of the information). UPDATE: The location was Walmart, 4133 Veterans Memorial Drive, Batavia.

Lazeuia D. Washington, 44, of Batavia, is charged with trespass and harassment 2nd. Washington is accused of trespassing at a business on West Main Street, Batavia, and engaging in an altercation at 9:28 p.m. April 24. He was issued an appearance ticket.

Kyle J. Schroeder, 25, of Pavilion, is charged with criminal trespass 2nd and petit larceny. Schroeder is accused of making forced entry into a residence on Liberty Street at 12:35 p.m. April 23, remaining in the residence and stealing a pack of cigarettes. He was issued an appearance ticket.

Booker T. Ricks, 50, of Batavia, is charged with criminal contempt 2nd and endangering the welfare of a child. Ricks is accused of not adequately supervising his son and allowing him to run outside and into North Lyon Street before being found by a passerby. An order of protection was issued and Ricks received an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, was arrested on a warrant for alleged failure to appear. Stevens was arraigned in City Court and released on her own recognizance.  Stevens also charged with trespass at the Red Roof Inn in the Town of Batavia at 9:26 a.m. on April 30. She was released on an appearance ticket.

John A. Cabrera, Jr., 32, of Batavia, is charged with criminal contempt 2nd. Cabrera is accused of using Facebook Messenger at 11:22 p.m. on April 22 to send a message to a person he was ordered not to contact. Cabrera was issued an appearance ticket.

Pedro L. Diaz, 38, of Batavia, charged with harassment 2nd. Diaz is accused of punching another person in the chest and stomach at 5:37 p.m. April 24.  He was issued an appearance ticket.

Feyza G. Osmancikli, 27, of Batavia, petit larceny. Osmancikli is accused of stealing merchandise from a business on Ellicott Street at 6:47 p.m. April 21. She was released on an appearance ticket.

Macella F. Greene, 37, of Bliss, is charged with criminal possession of a controlled substance 7th, felony DWAI drugs, unregistered motor vehicle; unlicensed operator, and moved from lane unsafely. Batavia patrols responded to a report of a vehicle operating erratically when entering the City at 6:10 p.m. on April 22.  Greene was issued an appearance ticket.

Brian M. Raphael, 34, of Batavia, is charged with failure to appear. Raphael is accused of failing to appear on an appearance ticket for an alleged crime on March 11. He issued an appearance ticket and turned over to the Sheriff's Office, which also had a warrant for his arrest.

Phillip P. Heale, 43, of Batavia, is charged with trespass. Heale is accused of trespassing in Dollar General at 2:13 p.m. on April 26.  He was issued an appearance ticket. 

Jonah Harmon Schnettler, 23, of Boneset Trail, North Chili, is charged with DWI and driving with BAC .08 or greater.  Schnettler was stopped at 4:29 a.m. May 1 on Townline Road in Bergen by Deputy David Moore. He was issued an appearance ticket.

Amanda Marilyn Jones, 34, no address provided, is charged with three counts of endangering the welfare of a child. Jones was arrested on a warrant, arraigned in Le Roy Town Court, and released.

Joshua Leneir Webster, 35, of West Main Street, Le Roy, is charged with four counts of criminal contempt 2nd. Webster was arrested on a warrant by Le Roy PD. Webster was arranged in Le Roy Town Court and released under supervision. Webster is also charged with criminal obstruction of breathing or blood circulation, menacing 2nd, criminal contempt 2nd, criminal contempt 1st, and strangulation 2nd. The charges stem from an incident reported at 12:06 p.m. on May 1.

Ethelwoldo Galindez, 54, of Alma Avenue, Buffalo, is charged with petit larceny, conspiracy 6th, and driving without a license. William Anthony Lewis, 36, of Atlantic Street, Sloan, is charged with petit larceny and conspiracy 6th. Galindez and Lewis are accused of shoplifting from Dick's Sporting Goods in the Town of Batavia. Both were released on appearance tickets.

Alan J. Worgo, 59, of Albion,  is charged with DWI and driving with a BAC of .08 or greater. Worgo was stopped by state police in the town of Alabama at 8:24 p.m. May 1. He was released to a third-party.

After pleading guilty to an attempted burglary felony on Monday, Christopher L. Taylor decided he didn't want to admit to a prior felony that could impact his sentencing, so he tried to withdraw his plea.

That motion needs to be made in writing.

As a result of believing he didn't adequately understand the consequence of admitting to a prior conviction, he asked for a new attorney. Taylor should have a new assigned council by the time of his next court appearance next week.

In pleading guilty, Taylor agreed to pay restitution to his victim and he signed an order of protection.

His plea agreement would have obligated him to serve at least one and a half to three years in prison, avoiding a potential two to five years.

When Judge Melissa Cianfrini started the predicate felony process, a standard proceeding for any defendant who enters a guilty plea when they have a prior felony conviction, Taylor asked to discuss the matter with his attorney, Victor T. Mui.  At one point, Cianfrini mentioned she could hear what he was telling his attorney and suggested he lower his voice.  A short time later, she offered to let the two men meet in a conference room.

After the meeting, Taylor was unwilling to admit to the previous conviction.

According to documents read by Cianfrini, Taylor was convicted of attempted burglary 2nd in November 2016.

Taylor was indicted by a grand jury on a count of third-degree grand larceny, a Class D felony. He stole property valued at more than $3,000 on Jan. 16 in the Town of Pembroke.