crime

A significant amount of blood was found in at least one vehicle that was the target of an overnight larceny in the Town of Batavia.

The blood -- some of which was collected as evidence -- had law enforcement officials checking with UMMC for anybody who might have reported to the emergency room with a hand or arm laceration.

No suspects were identified through the hospital check.

A total of eight cars were broken into overnight in the Edgewood, Route 33, South Main area, according to Chief Deputy Gordon L. Dibble. Items taken include GPS units, radar detectors, change and sound systems -- some of which were ripped out of dashboards.

All but one of the cars were left unlocked, according to Dibble, and three were left with keys in the ignitions. No cars were reported stolen.  The criminal broke a small window to gain entry to the one locked car he hit.

There was also at least one car struck in the same area within city limits.

If you happen to come across anybody with unexplained cuts, or can offer any other evidence to help solve this or other recent car break-ins, the Sheriff's Office can be contacted at (585) 345-3000 (press "1" for dispatch).

A Le Roy woman is accused of stealing jewelry, credit cards and checks from a friend and then forging the checks before cashing them at a local bank.

Olivia J. Paganin, 20, of Summit Street, allegedly took the items between June 3 and July 5.

She is charged with criminal possession of a forged instrument, two counts of grand larceny and one count of petit larceny.

Paganin is already in the custody of New York State Department of Corrections on an unrelated matter (not disclosed) and returned to the correctional facility following her arraignment yesterday.

An arrest has been made in a nine-month old burglary in Le Roy, and the suspect is a man already in Erie County Jail on unrelated attempted murder and weapons charges.

Albert J. Bauer, 40, of Akron, is accused of breaking into a Lake Street office on Nov. 11 and, along with an accomplice, damaging the property and stealing more than $1,000.

The burglary was interrupted in progress and Bauer allegedly fled by jumping out of a second-story window.

He was arraigned in Le Roy Town Court yesterday on charges of burglary in the third degree, grand larceny, criminal mischief and conspiracy.

Following his arraignment, Bauer was returned to Erie County Jail.

Det. John Condidorio of the Le Roy Police Department handled the investigation.

John W. Lavender, 77, of 174 Broadway, Darien, is charged with attempted assault in the second degree. Lavender allegedly struck his girlfriend on the hand with a cane during a domestic dispute. The alleged incident occurred at about 9:14 p.m. Monday.

Michael P. McDonald, 44, of 39 Kingsbury Ave., Batavia, is charged with a felony DWI. McDonald was stopped after police received a report of a driver seen drinking a beer.  Officer Wayne Fenton made the traffic stop and upon further investigation determined McDonald was allegedly drinking and driving. The DWI is a felony because McDonald reportedly has a DWI conviction within the prior 10 years. He was jailed without bail.

Anthony J. Rivera, 25, of 208 Vermont St., #2, Buffalo, and Ilena Carrillo, 27, of the same address, and Damian Rivera-Melendez, 20, of 353 Plymouth Ave., Buffalo, are each charged with a felony count of gang assault in the 2nd degree. The trio allegedly hit a man several times, causing serious injury, following a dispute over cutting in line at Darien Lake Theme Park. The victim was not identified by the Sheriff's Office. The three suspects were jailed on $15,000 bail each.

Janette Sonia Vazquez, 24, of 854 Prospect Ave., Apt. 4, Buffalo is charged with harassment. Vazquez reportedly threatened to stab an employee of Darien Lake Theme Park.

Jody B. Gillet, 48, of 8 Pine Hollow Drive, Batavia, is charged with assault. Gillet allegedly stabbed another person several times. The alleged incident took place at Country Meadows trailer park on Sept. 5. The alleged victim was transported to Strong Memorial Hospital and has since been released. Gillet as jailed on $5,000 bail. The incident was investigated by Deputy Bradley D. Mazur and Investigator Timothy Weis.

Rebecca J. Sando, 44, of 5678 Walkers Corner Road, Elba, is charged with criminal contempt. Sando allegedly approached a woman she was barred from going near.

Sarah J. Emerson, 25, of 15 Ross St., Batavia, is charged with harassment and criminal contempt. Emerson allegedly poured a can of beer on her husband and then allegedly pushed him on his chest and face. Emerson allegedly violated an order of protection. Emerson was jailed on $1,500 bail.

Shandell M. Lissow, 21, of Brookville Road, Alexander, is charged with unauthorized use of a motor vehicle. Lissow allegedly borrowed a car from a friend and then failed to return it as agreed.

Stephen P. Medwid, 52, of 9364 Alexander Road, Alexander, is charged with DWI, DWI with a BAC of .08, failure to take breath test and failure to yield. Medwid was arrested following at traffic stop Friday at 9:29 p.m.

Sharon M. Burns, 20, 14 Parkwood Road, Hilton, is charged with petit larceny. Burns is accused of shoplifting several items from Target.

A 16-year-old was arrested by State Police at Alexander Middle School, 3314 Buffalo St., Alexander. The youth is from East Bethany. He was arrested Wednesday about 12:30 p.m.  He was issued an appearance ticket. No further details are available.

Kyle Washington, 19, of Lake Road, Pavilion, is charged with assault. He is accused of punching another man in the face Saturday during an argument on Clay Street. The man reportedly suffered a broken jaw. Washington was jailed on $1,500 bail.

Lee Petra Sosa, 18, of 8170 Batavia-Stafford Townline Road, Batavia, and a 17-year-old alleged accomplice from Rochester are charged with criminal tampering. Sosa and her associate are accused of entering the Batavia Arrowmart today at 1:32 a.m. and throwing eggs at a store clerk.

Kedrick Ivan Chatman, 18, of 82 Shirley Ave., Buffalo, is charged with petit larceny. Chatman is accused of stealing a magazine from the 48 Deli Express at 8204 Park Road. Chatman was jailed on $300 bail.

Joseph M. Erickson, 38, of 612 Robertson Road, Churchville, is charged with public lewdness. Erickson is accused of masturbating in Target.

Jeanna Marie Hattaway, 22, of 113 Jackson St., Batavia, is charged with petit larceny. Hattaway is accused of removing several pairs of earrings from a display in Target and then leaving the store without paying for the items. Another young woman, who is not identified by age or residence, was arrested with Hattaway.

Statements made by a former Le Roy Fire Department chief can be used at his potential trial on nine counts of misappropriating fund from the department.

Stephen C. Smith, who served four years as chief and four as an assistant chief, was in court today for a pretrial hearing on a motion by his attorney, Thomas Burns, to suppress the statements as improperly obtained.

Judge Robert Noonan ruled that Smith did know he was talking with a police detective during his initial questioning and that once he was placed in custody and asked more questions, he had been read his Miranda warnings.

Smith is accused of misusing a department credit card, putting a personal cell phone on the department's mobile phone account and filling his personal vehicle with department gas.

The charges filed against Smith:

• Tampering with public records in the first degree: Smith is accused of altering an invoice for $896.49.
• Tampering with public records in first degree: Smith is accused of creating a false receipt in the amount of $390.
• Defrauding the government: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Forgery in the second degree: Smith is accused of altering an invoice for $896.49.
• Forgery in the second degree: Smith is accused of creating a false receipt in the amount of $390.
• Falsifying business records in the first degree: Smith is accused of creating a false receipt in the amount of $390 in order to get the fire district to pay for personal purchases.
• Falsifying business records in the first degree: Smith is accused of altering an invoice for $896.49 in order to get the fire district to pay for personal purchases.
• Grand larceny in the fourth degree:  Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Official misconduct: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.

A Batavia teenager who admitted to raping a 15-year-old girl in his home on Feb. 16 is fortunate he can't receive a lengthier prison sentence than he received today, according to District Attorney Lawrence Friedman.

Friedman told Judge Robert Noonan prior to the sentencing of Oliver Thomas, 17, that the DA's office accepted a plea to rape in the third degree only after Thomas' friends lied about the incident and if the case went to trial, the People would have been relying primarily on the testimony of the victim.

After Thomas plead guilty to rape in the third degree, during the Genesee Justice probation investigation, Thomas admitted that he did in fact forcibly rape the girl.

Thomas was originally charged with rape in the first degree.

"He is very fortunate that he saved his admission until after his plea," Friedman said. "We would never have given him the plea and he would be facing a lengthy mandatory determinant sentence."

Judge Noonan agreed that he likely would have given Thomas the maximum sentence for what he described as a "very violent felony" against a "very young victim."

Thomas received an indeterminate sentence (meaning he can receive credit for good behavior and showing he's been rehabilitated) of one-and-a-third to four years in state prison.

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

A warrant is being issued for the arrest of a Lockport man who failed to appear in Genesee County court this morning for his sentencing on an attempted burglary conviction.

(name redacted upon request) admitted in May to entering a portion of a business in Darien that the public was not authorized to enter and grabbing bags of money. The manager caught him before he could leave.

As part of xxxxx plea deal, Judge Robert Noonan had offered him probation with a sentence cap, but xxxxx is now looking at incarceration once he's arrested.

Noonan also indicated that both the Genesee County and Orleans County probation departments recommended Wisniewski be jailed for some time rather than given probation.

George M. Hodges, 19, of 9 S. Lyon St., Batavia, and Daniel D. Williams, 20, of 20 Mill St., Batavia were both charged with disorderly conduct and obstructing governmental administration. Batavia Police officers were at an Oak Street residence assisting the Department of Social Services in an investigation when the suspects allegedly yelled profanities at the officers and confronted investigators and attempted to prevent them from speaking to the residents.

Randy Johnson, 21, of 10182 Brookville Road, Alexander, is charged with criminal mischief and unauthorized use of a motor vehicle. Johnson allegedly took a vehicle without permission of the owner, and when confronted by the owner, Johnson allegedly caused damage to the vehicle. The incident was investigated by Deputy Chad Minuto.

Richard Jordan Franz, 19, of 9898 Simonds Road, Corfu, and Michael Richard Bitter, 19, 3198 Pike Road, Alexander, are charged with unlawful possession of marijuana. Franz and Bitter were arrested after deputies came to an unspecified residence to investigate a reported suspicious circumstance and allegedly found Franz and Bitter in possession of marijuana. The incident occurred at 1 a.m. Saturday.

Hal D. Philips, 58, of 11096 Molasses Hill Road, East Bethany, is charged with DWI, aggravated DWI, refusal to submit to breath test, failure to keep right and operating with a suspended registration. Philips was stopped on Molasses Hill Road by Deputy Kevin McCarthy for alleged failure to keep right at 11:45 p.m. on Tuesday.

Billy Joe Budziszewski, 18, no permanent address, is charged with rape in the second degree and endangering the welfare of a child. Budziszewski is accused of having sexual intercourse with a 14-year-old girl in the Village of Corfu. He was jailed on $10,000 bail.

An 11-year-old boy from Harpersville is charged with rape, having sexual intercourse with a minor, a criminal sex act and sex abuse. According to a State Police blotter item, the victim appears to be 11-years-old or younger. The arrest was made in Elba. The case remains under investigation.

A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.

Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.

But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.

Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.

Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.

Tidd, who has three children and a grandchild, has no prior criminal record.

UPDATE: To clarify the time line:

• The single criminal act charged dates to 2004
• The law on determinant sentencing changed in 2007
• Tidd was arrested in November, 2008
• Tidd plead guilty within days of his arrest, according to his attorney
• Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
• That motion was denied April 9, 2009.
• He was sentenced on that day in April to a determinant sentence of seven years.
• Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)

Peter William Stapley, 19, of 3797 Piffard Circle, Piffard, is charged with unlawful possession of marijuana. Stapley allegedly possessed a pipe with marijuana residue on it. He was arrested Friday at 3:39 a.m. in Pavilion.

Robert Lawrence Drozdowski, 27, of 14 W. Main St, Batavia, is charged with criminal contempt. Drozdowski allegedly violated a court order which required him to have no contact of any kind with his ex-girlfriend. He allegedly sent a letter to her while incarcirated in Genesee County Jail. Drozdowski remains in jail.

William Dolose Hirsch, 22, of 10025 Buckman Road, Pavilion, is charged with two counts of harassment and stalking. Hirsch was arrested after allegedly calling his ex-girlfriend several times in June after he reportedly was told not to contact her again. He also sent her a picture for "no legitimate purpose," according to the Sheriff's Office press release. Hirsch was jailed on $2,000 bail.

Two men have been charged with burglary for allegedly breaking into a home on State Street on Sept. 2.

One of the men had been previously arrested and charged with possession of stolen property after he was reportedly caught driving a car stolen from the residence.

Burglary in the second degree charges were filed against Reginald M. Wilson, 283 Seneca Manor Drive, Rochester, who was reportedly found driving the car, and Dillon M. Brito, 17, of 15 Maple St., Batavia.

The duo allegedly stole jewelry, cash, prescription medications, a clock, liquor, wine and food items. 

The resident was home sleeping at the time of the break-in, according to Det. Pat Corona.

Brito, who is also accused of breaking into a house on Maple Street this week, was taken into custody Wednesday.

Both men are being held without bail.

Photos: Wilson top, Brito bottom.
 

Michael Erik Granger, 19, of 8170 Batavia-Stafford Townline Road, Batavia, is charged with harassment. Granger is accused of striking a College Village safety officer during an investigation into a loud noise complaint.

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.