crime

He was the last caught, the last to admit guilt, but Michael J. Wells will be first of three Elba bank robbers to go to state prison.

And he's going away for a long time.

Judge Robert Noonan did not impose the maximum sentence available to him under terms of a plea agreement, which was 15 years. But he told Wells this afternoon that under state law, he was required to impose a lengthy sentence and that he had no qualms about doing so.

The sentenced imposed on the 24-year-old was 12.5 years, followed by five years of supervised release. Under determinant sentencing rules, Wells is looking about 10 years in prison. He could serve another five if he got into any trouble after release.

Wells has no prior criminal convictions or offenses that might indicate he would try to rob a bank and, by all accounts, no history of drug use or alcohol abuse. According to his attorney Thomas Burns, Wells comes from a good family.

Even so, Noonan said he didn't understand what led Wells to participate in a viciously violent crime.

"When this case first came before me, I thought, though I didn't say it to court personnel, 'When this case plays out, I'm going to understand what this is all about,' and here we are six months later and this still all puzzles me. ...

"This is like somebody plucked a person from out of nowhere and said, 'why don't you commit some terribly violent crime?' And you, even being an intelligent human being, said, 'Sure, I'll go along with that.' This is just totally perplexing, and as I close your file, I'm just as puzzled by that today as I was on the first day."

And it was a violent crime.

Two of the women who were working in the M&T Bank branch in Elba on June 19 spoke before Noonan sentenced Wells. Both described an event of sheer terror that has left them traumatized -- both are undergoing treatment for PTSD -- and they said, scarred for life.

Patty Hackett, a 19-year employee of M&T Bank who has shown up for every court appearance for all three defendants, spoke first. She began by explaining how she and her husband worked hard to raise two children and send them to collage. When the children were babies, her husband worked three jobs -- including pumping gas at night and working on a farm on weekends -- to help make ends meet. When it came time to pay for college for their children, he again took on a second job.

"Not once did it ever cross his mind or our minds to rob a bank because we needed cash," Hackett said.

She then described in some detail the events inside the bank during the robbery. She was on a conference call when Wells, Dennis Abrams and Demone Dillon entered the bank yelling and waving guns.

"They came running through the doors Rambo-style," Hackett said.

She was going to try and grab the other teller that morning -- Alicia Nichols -- and try to make it to the bathroom where they could lock themselves in, but before she even got out of her chair, Abrams grabbed her, she said, and threw her to the ground.

"He was holding a gun at me," Hackett said. "I was terrified. I was sick. I was thinking, 'God, we’re going to be robbed and I’m going to die.'"

Later she added, "I thought, 'This is it. We're going to die. Please help me dear God,' I remember saying. I remember seeing a picture in my mind of my beautiful daughter and my beautiful son and my husband who is the love of my life."

Theresa Claybourn who was the branch manager that day, also described a scene of terror in which she thought for sure she was going to die.

"I believe that second man was intending to keep me at bay and I thought at any second he was going to come over and see my phone off the hook and think I called the cops and then shoot me dead," Claybourn said.

When it came his turn to speak, Wells, who has largely remained stone-faced every time he appears in court, didn't say much, but he did express regret for his actions.

"I made a terrible, horrible decision that day and I wish I could change it," Wells said. "I know that I can’t. If anything comes out of this, I hope that others will learn from my poor, bad example."

Both Abrams and Dillon will be sentenced at a later date.

WBTA's Dan Fischer was given permission to tape record the hearing and will have audio available online and on air later today and tomorrow. He may air the entire hearing tomorrow morning. We'll update this story with the time when that information becomes available. We'll also link to any audio he posts once they are available.

UPDATE: Audio from WBTA, Patty Hackett describes how the crime has changed her life (mp3).

An in-store video helped a downtown liquor store owner discover that one of his customers had apparently stuck a bottle of vodka in his pocket and walked out the front door last week, so he was keeping an eye out for the suspect's return.

On Monday, a man fitting the description of the suspect David Buchholtz saw on video came into the store again, made a bee-line for the vodka shelf. Apparently thinking he was unobserved, the guy allegedly stuck another bottle in his jacket and walked out -- this time, not even making the pretense to stop and pay for the booze.

Buchholtz waited for the man to leave the store -- not wanting a scene in the store where he might get in a tussle and damage inventory -- and then grabbed him from behind. He got the suspect in a head lock and held him until police arrived, which didn't take long.

Arrested and charged with petit larceny was Steven A. Lewis II, 29, of 541 E. Main St., Batavia.

A second charge of petit larceny is pending further investigation into the original alleged theft.

In other Police Beat news:

Dennis Edson, age unknown, of Porter Avenue, Batavia, was charged with disorderly conduct this morning. Edson allegedly flipped off a police officer while he and others observed the accident activity on Ellicott Street this morning from in front of the Court House.  Lt. Eugene Jankwoski described Edson as somebody known to police for allegedly making the same gesture toward cops in the past, but has generally been ignored. This morning, Edson allegedly did it in front of a crowd of people. Edson then allegedly resisted arrest. Jankowski also said that Edson "got mouthy" with City Court Judge Robert Balbick. Balbick ordered Edson held on $1,000 bail.

Johnson O. Quanton, 19, of 36 Merrimac St., Rochester, is charged with petit larceny. Quanton allegedly tried to exit the campus bookstore at Genesee Community College with books that had not been purchased.

Ronald J. Wendt, accused of driving drunk in Darien and getting into an accident that claimed the life of a Dansville girl, is back in jail.

Wendt had been released on $50,000 bail pending his trial, but on the condition he not drive (his license was revoked).

On Nov. 18, Wendt was stopped by a State Trooper in the Town of Batavia while riding a reportedly unregistered and uninsured dirt motor bike.

District Attorney Lawrence Friedman said Wendt readily admitted to the Trooper who he was and volunteered information about his case.  The Trooper arrested him and brought him before a Town of Batavia justice, who set his bail at $500, which Wendt immediately paid.

Friedman brought the arrest to the attention of Judge Robert Noonan, who ordered Wendt to appear in County Court.  Noonan adjusted Wendt's bail to $250,000.

Alcohol was not a factor in the latest arrest, Friedman said. 

He couldn't confirm whether Wendt was trying to get to work at the time of his arrest.

Wendt has not yet raised that bail amount.

Previously:

• Drunken driving suspected in Darien accident that kills Dansville girl
• More serious manslaughter charge levied against Alexander man accused of drunken driving
• Alexander man accused of manslaughter pleads not guilty to 11 felony counts

Somebody broke into the Oil Doctor location at 4003 West Main Street Road, Batavia, overnight and stole inspection stickers and business records.

This morning, Sheriff's deputies attempted to track the suspect through tracks in snow, but that apparently only led them to a location down the road where the suspect apparently got in a car and drove away.

According to Deputy William Ferrando, the burglar gained entry to a west side door by breaking some glass.

No suspect has been arrested yet.

Despite six previous DWI convictions, one of which led to a stint in state prison, Robert Lamkin of Batavia isn't going to be locked up just yet for his 7th DWI conviction.

Judge Robert Noonan granted Lamkin one year interim probation. If Lamkin makes it through probation successfully, his possible prison term will be reduced to one to three years.

Either way, Lamkin is looking at another prison term. The only question is when it starts and for how long.

Noonan warned that any slip up of any kind will land him in a lot of hot water.

"It will not take much of trip and fall to put you in for a major prison term," Noonan said. "When, and if, you're getting to the point of reaching for a bottle or reaching for car keys you need to stop and think whether it’s important enough for you to take that drink or take that drive that you want to be separated from your family for a long, long time."

Noonan granted the interim probation over the objection of Genesee Justice and after reading a less than stellar probation history.

"On this history it's hard to see how to justify anything but state prison," Noonan said. "By your own statements, you've just kind of blown off the conditions of probation in the past. At least until June of this year, you've paid very little heed to the restrictions placed on you. ... I have an obligation to the citizens of the world to make them safe from people like you. I'm only saying that to tell you the corner you've backed yourself into."

Lamkin's most recent arrest came in June in Pavilion.

While on probation, Lamkin will be required to take an Ethyl glucuronide (EtG) test regularly. It detects alcohol in the system for up to 80 hours, yielding results even when a breath test reads zero. It's sometimes used with airline pilots to ensure they're not even hung over when they fly.

Lamkin is represented by attorney Michael M. Mohun.

Nick A. Hawkins, described by his attorney as a troubled young man, who admitted to robbing the Five Star Bank branch in Pavilion on Oct. 13, is going to state prison.

Judge Robert Noonan imposed a sentence of two to six years this morning, though he could not order Hawkins repay the $443 dollars he received from a teller after handing her a note because Five Star Bank did not request restitution.

Hawkins, dressed in orange jail garb, was a little tearful when he expressed regret for his crimes.

"I'd like to apologize for all the trouble I’ve caused every one," Hawkins said, pausing to wipe a tear from his face. "I know that doesn’t change it, but I d’ like a chance to make it right. That’s all."

Noonan also sentenced Hawkins on his burglary conviction, stemming from a crime he committed at Frost Ridge Campground in 2001. That  one-and-a third- to four-year sentence will be served concurrently with his robbery sentence.

Hawkins had a plea agreement that would have allowed the burglary conviction to be treated as a youthful offender case. But since the plea, the court discovered he had a previous youthful offender adjudication for a felony conviction in another county. That made him ineligible for youthful-offender status this time. Hawkins could have withdrawn his guilty plea, but did not.

Public Defender Gary Horton asked Judge Noonan for some leniency, describing Hawkins as a "tortured individual" who has struggled with a number of issues in his life.

"He realizes the seriousness of the offenses," Horton said. "He realizes the seriousness as much as anybody in this courtroom and I know he’s remorseful for any pain he has caused others. I don’t think this is an individual who should be given up on or thrown away at this time. I fear the kind of individual he will be several years from now when returned to our community."

Noonan said he felt compelled to send Hawkins to prison.

"Reading about family, your mental health, your drug addiction, the loss of your brother, these are all troubling things," Noonan said. "It’s a very sad story, no question about that. But as you stand here before me, I have to balance the trouble you've gone through with the needs of society. You need to be in prison. You’ve demonstrated you cannot abide by laws in a free society and you cannot control yourself and you committed crimes that are very troublesome."

Previously: 

• Accused bank robber comes from Le Roy family having a tough time
• Five Star Bank robber pleads guilty
• Le Roy man arrested and charged with Pavilion bank robbery
• Police pursue bank robbery suspect in Pavilion area

Reginald Jason Donahue, 34, of 6483 Townline Road, Byron, is charged with criminal contempt in the first degree and menacing in the third degree. Donahue is accused of entering the residence of his estranged wife, violating an order of protection. During a reported argument with her, he allegedly made a fist and threatened her.

Juan A. Ramos, 19, of Batavia, was arrested by State Police at 8170 Batavia-Stafford Townline Road, Batavia. Ramos is charged with trespass.

There was a rash of car break-ins over night in Elba and Byron and items stolen include long rifles, according to Deputy Brian Thompson.

Thompson is asking that anybody who saw or heard anything suspicious between the hours of 10:30 p.m. and 6:30 a.m. to call the Sheriff's Office at 585-345-3000.

He said any residents who find that their cars were entered over night, no matter what was taken, should call.

"People will say, 'oh, it's just some spare change,' but we need to map where these break-ins took place," Thompson said.

The pattern of break-ins include Barre in Orleans County, Thompson said. He estimates the total number of cars reported so far at about 20.

All of them were left unlocked, including the cars that contained the guns.

"People are just not getting the message," Thompson said. "Every house we go to people say they didn't know we've been having car break-ins for the last year and a half. I just don't get it. You've been reporting it. The Daily's been reporting it. It's been on WBTA and on TV in Buffalo and Rochester. People don't understand that in today's drug-infested situation we're in, it happens everywhere, not just in the city."

Investigators are looking for possibly two suspects, Thompson said. Based on the description from people who heard the timing of car doors slamming and cars driving off, it appears there is a person on foot going into cars and another person driving a getaway car.

A Rochester man faces nearly half a dozen charges stemming from a single-car auto accident in Le Roy on Saturday morning.

Carlos Alberto Mateo, 30, of 27 Potomac St., Rochester, is accused of criminal trespass and fleeing the scene of an accident, as well as aggravated unlicensed operation, driving without a license and operating a vehicle without seat belts.

Mateo is suspected of driving his car into a telephone pole on Route 5 near York Road in the Town of Le Roy and then running from the scene. He was reportedly found hiding in a garage of a residence on York Road.

He was jailed on $2,500 bail.

(Photo courtesy Lorie Longhany -- original post)

Clifford Leo Regimbal, 31, of 30 S. Main St., Oakfield, is charged with criminal mischief and unlawful possession of marijuana. Regimbal is accused pulling a phone box from the wall outside 36 South Pearl St., Oakfield. Regimbal allegedly possessed marijuana at the time of his arrest. He was jailed on $500 bail.

Amber Fallon Waleski, 22, of 30 S. Main St., Oakfield, is charged with assault in the second degree. While at 36 South Pearl St., Oakfield, Waleski allegedly struck another person in the head with a bear bottle, causing a cut. She was jailed on $500 bail.

Howard M. DeCarlis, 52, of 415 Ellicott St., upper, Batavia, is charged with assault in the third degree. DeCarlis allegedly punched his girlfriend in the face several times during an argument. She was treated and released at UMMC. DeCarlis was jailed on $1,500 bail.

Jacob J. Camerera, 18, of 335 S. Jackson St., Batavia, is charged with criminal contempt and unlawful possession of marijuana. Camerera allegedly violated an order of protection by sending text messages to a woman he was ordered not to contact. At the time of his arrest, he was allegedly found to possess marijuana. Camerera was jailed on $750 bail.

From the State Police blotter:

Patrick R. McFadden, 25, of Batavia, is charged with criminal mischief. McFadden was allegedly involved in an incident at Kmart.

David W. King, 52, of Batavia, is charged with criminal possession of a controlled substance. He was arrested in Bergen.

A Silver Springs man is accused of distributing cocaine and marijuana in Pavilion and Batavia after allegedly selling drugs to an undercover agent.

Mark A. Washburn, 20, of 31 East Duncan Ave., Silver Springs, was taken into custody by members of the Wyoming County Drug Task Force on the Genesee County warrant.

Washburn is charged with criminal sale of a controlled substance, criminal possession of a controlled substance, criminal sale of marijuana and unlawful possession of marijuana.

The investigation was conducted by the Genesee County Local Drug Enforcement Task Force.

He is being held in Genesee County Jail pending arraignment.

Brian T. Rushing, 23, of 127 West Park St., Albion, is charged with one felony count of grand larceny. Rushing, operating under the DBA of B&R Roofing and Siding, allegedly was paid $5,500 to perform home repairs for a residence in Bergen, but never completed the work and allegedly never purchased the necessary materials.

Rushing was released under the supervision of Genesee Justice. The investigation was conducted by Deputy John Baiocco, Investigator Timothy Weis, Sgt. Greg Walker and State Police Investigator Mike Notto. Rushing's name also shows up in today's State Police blotter on another charge of grand larceny in Albion with a value of less than $3,000.

Natalie A. Catuska, 27, of 37 Prospect St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Catuska was observed by Deputy Christopher Parker allegedly crossing the center line after making a turn from Route 33 onto Wilkenson Road at 1:47 a.m. today.

Allen Leonard George, 51, of 101 Harvest Road, Fairport, is charged with criminal contempt. George is accused of calling his ex-girlfriend in violation of an order of protection.

In a compliance check of local stores that sell alcohol on Friday, three store clerks were cited by the Batavia Police Department for allegedly selling liquor to minors.

The police used an under-age buyer with a valid New York driver's license in the compliance check. The person entered 18 local stores and attempted to buy beer, wine or liquor.

The clerks cited worked for Kwik Fill, 99 Jackson St.; Plaza Spirits, 563 E. Main St.; and, Wilson Farms, 355 W. Main St..

The clerks will be given a chance to complete a server-training course in exchange for possible dismissal of the charges. The names of the clerks were not released.

The operation was supervised by detectives Rich Schauf and Todd Crossett.

A woman who was shot in her arm during an alleged domestic dispute in Le Roy on Wednesday has been charged with a pair of crimes stemming from the incident.

Michelle L. Baumgart reportedly grabbed a hand gun belonging to Robert M. Jackson during the reported argument and in the ensuing struggle, the gun discharged.

Baumgart was arrested last night at 10:28 and charged with reckless endangerment in the first degree and criminal possession of a weapon.

She was released under the supervision of Genesee Justice following her arraignment.

At the time of the alleged incident, there were reportedly two children in the home at 8800 Keeney Road, Le Roy.

Michael P. Murphy, 24, of 38 Columbia Ave., Batavia, is charged with assault in the third degree and harassment. Murphy is accused of entering his brother's residence and pulling him out of bed and punching him in the back of the head. He allegedly pulled his arm in such a way as to injure his brother. Murphy's brother was treated at UMMC and released. Murphy was held on $2,500 bail.

David R. Gross, 19, of 7421 Seldon Road, Le Roy and two teen-agers also from Le Roy have been charged with petit larceny and possession of alcohol under 21. The trio allegedly stole alcohol from Tops.

Susan M. Shell, 28, of 2226 12th Place, Washington, D.C., is charged with DWI, driving with a BAC of .08 or greater and improper tail light. Shell was reportedly stopped on East Main Street by Officer Dan Coffey on Saturday at 12:53 a.m. for the alleged broken tail-light.

John W. Szabo, 54, of 9233 Main St., Lot 50, Clarence, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle and failure to notify DMV of a change of address. Deputy James Diehl responded to a "check the welfare" for a car parked on Route 77 in Alabama. Diehl reportedly found Szabo in his car allegedly intoxicated and with an open container.

John D. Baudhuin, 28, of 92 Marks Place, Apt. 3E, Staten Island, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Baudhuin was stopped by Deputy Patrick Reeves on Route 33 in Pembroke for an alleged traffic violation and found to allegedly be driving drunk.

Joseph Isadore Brenon, 58, of 349 Wright Road, Alabama, is charged with menacing in the third degree. Brenon allegedly verbally threatened a person.

Jacquelyn M. Siverling, 28, of 3747 S. Main St. Road, Batavia, is charged with DWI, driving with a BAC of .08, a speed-zone violation and failure to keep right. Siverling was reportedly spotted driving 51 mph on West Main Street by Officer Darryle Streeter on Wednesday. Her vehicle was pulled over in the parking lot of Billy Goats.

Brian A. Merritt, 35, of Alexander, has been arrested by State Police and charged with unlawful imprisonment and criminal contempt. The alleged incident was reported at 12:10 a.m. Sunday. No further details were released.

Jason John Reed, 33, of 33 Sunset Parkway, Oakfield, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and endangering the welfare of a child. Reed was stopped at 2:06 a.m. Thursday near 18 Coe Ave. in Oakfield by Deputy Jason Saile.

Tersa M. Kabel, 36, of Batavia was stopped by State Police on Route 33 in Bergen, Thursday at 11:29 a.m. and charged with unlawful possession of marijuana and aggravated unlicensed operation.

Daniel P. Callahan, 25, of Batavia, is charged by State Police with unlawful possession of marijuana. Callahan was arrested this morning at 12:10 in Batavia.

Michael Todd Dibble, 18, of 1313 Indian Falls Road, Pembroke, is charged with unlawful possession of marijuana and unlawful dealing with fireworks. Dibble was stopped by Deputy Patrick Reeves in Pembroke for alleged traffic violations. During the investigation, Dibble was found to allegedly possess marijuana and fireworks.

Timothy P. Young, 47, of Batavia, was arrested by State Police at 8:45 p.m. and charged with unlawful imprisonment, criminal mischief, criminal possession of a controlled substance, unlawful possession of marijuana, harassment, and two counts of acting in a manner to injure a child. He was jailed without bail. No further details were released.

An Alexander woman reportedly heard Sheriff's Deputies were looking for her at a house on Griswold Road, so rather than return that residence Sunday evening, she parked her car on Attica Road and ran off into the woods.

After her car was spotted on Attica Road, Sheriff's deputies searched the wooded area, but that's not where they found Brittany L. Frey.

The 19-year-old woman was allegedly hiding in an apartment in Northside Meadows in Batavia.

Frey, whose residence is listed as 9568 Alexander Road, Alexander, was wanted on a bench warrant for an alleged violation of probation.

After learning that Frey was at Northside Meadows, deputies responded to that location and reportedly saw Frey inside the apartment, but Frey allegedly refused to come to the door. Eventually, she did come out and was arrested.

Frey was jailed Sunday night without bail.

Morima Custodo, 27, of 65 Mead St., Rochester, is charged with harassment. Custodo was arrested yesterday following an alleged fight between employees at Allen Canning in Bergen. She is accused of grabbing the other employee's hair and pushing her head to the ground.

Matthew Thomas Holmes, 30, 14 W. Main St., Batavia, was arrested on a bench warrant for allegedly failing to pay fines and restitution. Holmes was arrested following his release from Monroe County Jail.

Joseph Lee Shanley, 37, of 7199 Dublin Road, Bergen, is charged with harassment. Shanley is accused of threatening a person while using his mobile phone.

A 12-year-old boy from Bethany has been arrested by State Police and charged with sexual contact with an individual under 11 years old. No further details were released.

Three men from Utica have been arrested and charged with burglary for allegedly breaking into apartments yesterday at 5219 Clinton St. Road, Batavia.

They reportedly broke into the apartments during the late morning hours and stole or damaged clothing and electronics.

Taken into custody were:

• Rastafari A. Brown, 20, of 124 James St., Utica
• Kayshawn Jones, 21, of 1556 Elm St., Utica
• Sirdell L. Ruffin, 21, of Faxton St., Utica.

Each of the three men were charged with four counts of burglary in the second degree and jailed on $25,000 bail.

The case was investigated by Deputy John Duyssen, Deputy Bradley Mazur, Sgt. Gregory Walker, Investigator William Ferrando and Investigator Kristopher Kautz with assistance from the Batavia Police Department, the New York State Police and the District Attorney's office.