John W. Brown, 29, of Le Roy, is going to prison for having sex with a 13-year-old boy in Livingston County.
Brown was sentenced to five years in prison by Livingston County Court Judge Dennis Cohen.
Once released, Brown will also be supervised for five years.
Brown was convicted of having sex with the boy in November, on his 29th birthday.
Source: Democrat and Chronicle.
Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.
The letters deal with issues related to his case and his potential sentence, Noonan said.
"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.
Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.
Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.
Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.
"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.
Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.
The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.
They used to hang horse thieves, but what about people who heist classic ponies?
State Police are looking for help in locating a 1965 Ford Mustang that was stolen from a commercial lot in Newstead.
The car was being repainted and had the front bumper, front grill and headlights removed.
Anyone who may have seen this vehicle or with information on this investigation is asked to contact the New York State Police in Clarence at 716-759-6831.
UPDATE, Friday, 10:30 a.m.: Just received this message from the State Police:
Reference the attached press release sent on 09/10/09, this stolen vehicle was recovered at 9:15am in the Town of Newstead after someone read the artice in the Buffalo News and noticed the vehicle sitting unattended. No arrests have been made at this time.
File photo of a similar car supplied by State Police.
A suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.
Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance.
Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.
Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.
Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.
UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.
Jennifer A. Benhatzel, 32, of Basom, is charged with identify theft, possession of a stolen credit card and forgery. Basom was arrested earlier this month by the State Police. She is held without bail. The alleged crimes took place at Smokin' Joe's in Lewiston. The case remains under investigation.
William A. Andrews, 29, of 16 Ross St., Batavia, is charged with criminal mischief. Andrews allegedly slashed the tires of a neighbor's vehicle. He was jailed on $2,000 bail. The arresting officer was K. M. DeFelice.
Han Bakker is following the case of Oakfield resident Michael L. Jackson with keen interest.
Jackson is accused of breaking into Holland High Lift, 10033 East Road, Bethany, and causing a great deal of property damage and stealing equipment and a truck.
Bakker owns Holland High Lift.
"We estimate (the alleged burglar) did about $60,000 in damage," Bakker said.
And according to Bakker, chief suspect Jackson wasn't working alone. One other possible suspect left a cell phone under a desk and two women were captured on video tape.
Bakker doesn't understand why the District Attorney's office isn't prosecuting the other suspects. He said he was told the D.A.'s office doesn't think there is enough evidence against the other three suspects to charge them.
The Batavian left a message this afternoon with an Assistant D.A. seeking comment.
The group of people, according to Bakker, broke into his office building on April 11 and trashed the place. They broke glass windows in doors, apparently to help them gain entry into other rooms, even though the doors were unlocked.
Apparently, they used their own bodies to break the window. Investigators, according to Bakker, found a good deal of blood in the building.
One of the reasons the D.A.'s office was apparently slow to seek an indictment against Jackson was investigators were awaiting the results of DNA tests from a Monroe County lab. No word on whether the lab results are in yet.
Jackson is accused of stealing a 2005 Ford Supercab 250. Bakker claims that Jackson drove the truck out on South Swan, striking a tree before trying to run it into the creek.
Jackson is currently out of jail on $10,000 bond.
Bakker is concerned that Jackson, who reportedly left the state after the investigation into the break-in began, will not consider the bond sufficient inducement to stay in the area while awaiting trial.
"I doubt will ever get repaid," Bakker said.
John Michael Bieganski is doing fine now, but he might not be doing so great if not for the quick action of a group of people willing to step forward and help him Saturday night after he was stabbed in the leg by a knife-wielding assailant.
Bieganski, 23, a Clarence resident, had his leg cut during Cruefest, the concert of Motley Crue at Darien Lake Theme Park.
A friend carried him from the mosh pit (a tangle of dancing males (usually) who typically bang against each other and jump up and down and side-to-side rather violently) after he had been stabbed.
Trouble started for Bieganski, according to a Sheriff's Office report, when he thought he saw a friend being tackled and punched by one or two other men. When he tried to pull one of the men off his friend -- it turned out not to be his friend who was being attacked -- Bieganski said he suddenly felt something warm on his leg, touched it and then saw the blood.
The alleged attacker is described as a white male, about 25 years old, 6-feet tall, a strong build, wearing a gray T-shirt, khaki shorts, with a buzz cut, no glasses and clean shaven.
Bieganski required 28 stitches to close a gaping 4-inch long wound on his leg.
Contrary to initial reports, his artery was not cut, but he did bleed profusely before being treated.
After the attack, Bieganski's buddy, Evan Laczi, grabbed him in a fireman's carry hold and hoisted him from the mosh pit, but according to Glenn Hall, who was one of the first people to come to Bieganski's aid, Laczi and Bieganski came through a whole crowd of people who ignored Laczi's cries for help.
"They had walked past people to get up there (the beer trailer, where Hall was located)," Hall said. "They had walked past a number of people and nobody had done anything, to help him carry his friend or anything like that. Nobody had ran up. I'm sure he screamed out more than once, 'hey, I need help' and nobody ran out to get help or anything."
Hall, a six-year veteran of the Air Force, was a volunteer for a group of recruiters trying to raise funds to help with their recruitment effort (his wife is a military recruiter), and he said when he saw Laczi carrying Bieganski with blood soaking his right leg, his military emergency training just kicked in. He didn't even think about what he needed to do.
"Many soldiers who get this kind of training face this kind of stuff all the time," Hall said. "Overseas and abroad, these are guys are real heroes and they know what they're doing, but every military member gets this kind of training ... but I'd never reached that situation (before) and I didn't know how I would react in that situation (before Saturday night)."
Hall was working the beer trailer when he heard Laczi calling for help and he looked up and saw all the blood on Bieganski's leg.
"My immediate reaction was, 'we need to do something to stop this bleeding,'" Hall said.
His first instinct was to pull off his volunteer T-shirt and then his "wife beater" undershirt, which he ripped into two so it could be used as a tourniquet. Laczi helped place Bieganski on the long towing tongue of the beer trailer (which was covered by a sheet of plywood) while a non-military man who was part of the volunteer group asked, "hey, what can I do?"
Hall had the man put as much pressure on the wound as possible while keeping Laczi's leg elevated. Laczi held onto Bieganski's head. Then Hall went to fetch Darien's security personnel, who came to the scene to confirm the report of a man stabbed, and then called for emergency medical personnel.
It took about 15 minutes, according to Hall, for emergency personnel to arrive.
"The guy was being very compliant," Hall said. "He had bought beer from me earlier that night. He was a very nice guy, but you could tell, he had a very good buzz on. But he was not really moving, not really fighting us. He was just kind of laying there, but you could see that he had a lot of pain going on. At that point, there was nothing we could do but wait for emergency medical personnel to get there."
Hall doesn't want to be painted as a hero who saved a man's life, however.
"Truthfully, I feel like we all did our parts," Hall said. "I'm happy for the guy. It turns out he's alright, but I feel like this was group effort. Everything fell into place like dominoes and the situation was handled the best it could."
"I think the military just pounds it in there so hard and you're constantly trained on it, it almost became like second nature," Hall said.
Bieganski is out of the hospital, but whomever stabbed him is still at large. The Sheriff's Office investigation is ongoing.
Audio:
The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.
Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.
The following arrests were made:
Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.
Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.
Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.
Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.
Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his employer, Elcon, Inc..
Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.
Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.
The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.
Tenney was arrested in early June for reportedly forging checks and falsifying business records.
Justin Fay, who was an Eagle Scout, honor roll student and honor society scholar in college, pleaded guilty today to one count of misdemeanor criminal trespass for breaking into the Harvester Center one rainy Saturday night in late July.
Now a Rochester resident, Fay told Judge Robert Balbick in City Court that he did enter the Harvester Center without permission.
He had been facing a burglary charge.
Fay will be sentenced after the Monroe County Probation Department completes a pre-sentencing review.
We have no information at this time on his co-defendants, William F. Wernert III and Cory C. Pickering.
Michael L. Jackson, accused of burglary and grand larceny, got a "get out of jail" free card when the District Attorney's office did not seek a grand jury indictment within the prescribed 45 days.
Last week, an indictment was handed down and Jackson was taken into custody again. On Sept. 3, Jackson posted a $10,000 bond and is now free awaiting trial.
According to the indictment, Jackson is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree.
A new charge also pops up: tampering with a witness in the fourth degree. Jackson allegedly went to the home of one of the witnesses and attempted to induce her not to testify before the Grand Jury.
Jackson, now an Oakfield resident, is accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250. Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck.
Robert J. Eppolito is reportedly in trouble with the law again.
The name of Eppolito did not appear in The Batavian a few days ago when we reported about a couple allegedly caught in full embrace in a very public Oakfield Village parking lot, but after learning more about the incident, we decided to connect Eppolito's name to the arrest.
We were on the verge of a decision to release his name, when we heard about Eppolito's arrest last night for allegedly slamming a woman against a wall during an argument. Eppolito also allegedly broke the woman's cell phone.
Eppolito, 27, of 1 North Pearl St., Oakfield, is charged with a felony count of criminal mischief in the third degree and harassment in the second degree. He was jailed on $2,500 bail.
In the Friday morning incident, according to a witness and in an answer to our inquiry with Sheriff Gary Maha, we are told that Eppolito and the woman were completely naked inside the car, their sexual activity easily observable by anybody in the area. The alleged incident occurred while people were in the village setting up for Labor Daze. Sheriff Maha tells us that the arresting officer said Eppolito "just didn't care" that the couple was in public.
Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.
Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.
Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.
Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.
Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.
Heather L. Leith, 30, of 3938 Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.
A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..
Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.
Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.
Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.
Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.
Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.
Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.
A Genesee County couple was arrested at 8:30 a.m. and charged with public lewdness.
The couple was allegedly engaged in sexual intercourse in the parking lot of Santino's Pizza in Oakfield.
To save the couple further embarrassment, we're withholding the names, though they were released. The woman is 21 and from Le Roy. The man is 27 and from Oakfield.
Danielle L. Young, of Orchard Park, is charged with DWI and DWI with a BAC of .08. Young was stopped by State Police on Sumner Road in Darien.
Kaylie N. Rumon, 23, of Elmira, is charged with DWI and DWI with a BAC of .08. Rumon was stopped by State Police in the City of Batavia.
Joey Somsy, 21, of Buffalo, is charged with DWI and DWI with a BAC of .08. Somsy was stopped by State Police on Colby Road in Darien.
Brian P. Verney, 25, of Attica, is charged with petit larceny and possession of a hypodermic instrument. Verney is accused of shoplifting from Wal-Mart. He was arrested by State Police and jailed without bail.
Amy L. Showler, 34, of Batavia, is charged with petit larceny. Showler is accused of shoplifting from Wal-Mart. She was arrested by State Police.
A 15-year-old from Batavia is charged with petit larceny and trespass. The alleged crime occurred on West Saile Drive on Aug. 23 in Batavia and was investigated by State Police.
Erica Michelle Raphael, 24, of 335 Bank St., Batavia, is charged with petit larceny. Raphael is accused of shoplifting from Target.
A Batavia man is in jail without bail after being found driving a car that was reported stolen Wednesday morning.
The auto theft was apparently part of a house burglary in the 200 block of State Street.
Reginald Wilson, 36, of 112 State St., is charged with criminal possession of stolen property.
Wilson was reportedly found driving the stolen car on Lehigh Street at 8 p.m. Wednesday.
Police are investigating whether he was involved in the auto theft and burglary.
Paul Pontillo, of Pontillo's Pizza in Batavia, is accused of writing bad checks from a business account.
The alleged bad checks were written in 2008.
The 53-year-old Pontillo was arraigned in City of Batavia Court yesterday and released on his own recognizance.
Previously:
Gregory M. Brew, 24, of 4799 Linden Road, East Bethany, is charged with DWI and unlicensed operationof a vehicle. Brew was arrested at Strong Memorial Hospital following a rollover accident on East Road at 10:38 p.m. on Wednesday. No other vehicles were involved in the accident. Deputy Matt Butler investigated the incident.
Tyrell T. Harris, 19, of 114 W. Englewood Ave., Teaneck, N.J., and William P. Ponder, 19, of 3905 Carpenter Ave., Bronx, are charged with trespass. Harris and Ponder were allegedly involved in an incident at College Village and told to leave. After Sheriff's deputies left College Village, Harris and Ponder allegedly returned. They were jailed on $250 bail each.
William Grey Neff, 35, of 1210 S. Main St., Medina, is charged with forcible touching. Neff is accused of forcibly touching a woman.
Kelly A. Decker, 23, of 127 Liberty St., upper, Batavia, is charged with petit larceny. Decker is accused of stealing $200 from July 23 to Aug. 20 while employed as a cashier at Kmart.
Dustin R. Benham, 20, of Darien, is charged with petit larceny and criminal possession of a controlled substance. Benham was arrested by State Police in the Town of Batavia. He was held without bail. No other details were provided.
Anne Marie Weremblewski, 55, of 4016 W. Main St. Road, #4, Batavia, is charged with criminal contempt. Weremblewski is accused of violating a no offensive conduct restraining order. She allegedly yelled obscenities at the protected party.
A man accused of assault and endangering the welfare of a child couldn't be arraigned in City Court today.
Jimpce J. Etienne, 33, of 30 Buell St., Batavia, speaks Creole and a Creole interpreter was not immediately available.
No date has been set yet for his arraignment.
Etienne allegedly choked a woman in front of her child.
A woman identified as his girlfriend was in court. She had sent a letter to the court asking that a "stay away" order be revised to require him to refrain from offensive conduct and not to drink alcohol around her or the children.
She told Judge Bob Balbick that Etienne is employed full-time and provides for their four children. In answer to a question by the judge, she said she isn't afraid of Etienne and that he never causes a problem during the weekdays when he's working. This implied problems only occur on weekends when he might drink.
Balbick also ordered an alcohol evaluation by Genesee Justice. Etienne's bail was made last night, but the judge released him on his own recognizance.
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