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Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

By Howard B. Owens
     Michael Tomaszewski

It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

Law and Order: Two men accused of driving in Wyoming County while ability impaired by drugs

By Billie Owens

Kevin J. Jackson Jr., 30, of Batavia (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; uninspected motor vehicle; criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia in the second degree; and criminal possession of a weapon in the fourth degree. At 2:21 a.m. on July 21, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation on Route 246 in the Town of Perry. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. Jackson was issued an appearance ticket and is due on Town of Perry Court at a later date.

Robert J. Anzalone, 34, of Le Roy (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; failure to keep right; and having inadequate plate lamps. At 12:17 a.m. July 19 on Silver Lake Road in the Town of Perry, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. No further information provided about court.

Photos: K-9 searches Montclair, Vernon neighborhood for items related to shooting

By Howard B. Owens

Batavia PD Assistant Chief Chris Camp walks on North Lyon Street with a K9 officer from Monroe County who was assisting Batavia PD this afternoon in a search in the area of Montclair Avenue and Vernon Avenue in an effort to find any items related to the shooting last night at Days Inn.

A shirt that may be connected to the incident was located in the backyard of a residence in the area.

Camp said the search effort is part of the ongoing investigation.

The suspect, Jacob Sponaugle, 21, of Montclair Avenue, is charged with attempted murder.  The victim, whose name has not been released, is in stable condition at Strong Memorial Hospital.

Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

For more on the case, click here.

Law and Order: Robbins Road resident accused of stealing puppy from resident on Osterhout Avenue

By Billie Owens

Michael J. Hilton, 29, of Robbins Road, Le Roy, is charged with petit larceny. He was arrested after an investigation into an incident that occurred at 2:40 p.m. July 15 on Osterhout Avenue, Batavia. He allegedly stole a puppy from a resident. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Oct. 20. The case was investigated by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Jamie L. Soto, 45, of West Main Street, Batavia, is charged with second-degree harassment. Soto was arrested at 6:50 p.m July 17 at an apartment on Liberty Street, Batavia. She is accused of pushing a family member. Soto was released with an appearance ticket for Oct. 21 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker.

Anthony L. Rice, 27, of Hutchins Street, Batavia, is charged with failure to appear in Batavia City Court. A warrant was issued for his arrest for failing to appear on traffic tickets on Nov. 15. Following his arrest, he was released with an appearance ticket to be in city court on Aug. 25. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.

Suspect charged with attempted murder in shooting outside Days Inn

By Howard B. Owens
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    Jacob Sponaugle

 

A Montclair Avenue resident is in custody and charged with attempted murder following a shooting at about 9:30 p.m. last night outside the Days Inn in Batavia.

Jacob Sponaugle, 21, is also charged with assault, 1st, criminal use of a firearm, aggravated criminal possession of a weapon, 2nd, criminal possession of a weapon, 2nd, and criminal sale of a firearm, 3rd.

Police believe Sponaugle was at 200 Oak St., Batavia, to sell another individual a gun.

The victim of the shooting and Spongaugle are said to be acquaintances. 

The name of the victim is not being released by Batavia PD at this time.

After the victim was shot, he walked into the lobby of the Days Inn and a person there called 9-1-1. A police officer who was first on scene provided aid to the victim, who was awake and alert. A short time later, Mercy EMS arrived on scene and transported the victim to the Genesee County Airport. The victim was then flown by Mercy Flight to Strong Memorial Hospital.

Chief Shawn Heubusch said this afternoon that he is listed in stable condition. His injuries are not considered life-threatening. 

During the initial investigation, police officers determined the suspect had fled the scene in a four-door sedan with a female passenger. They searched the area with the assistance of a K-9 patrol.

Officers interviewed witnesses and obtain video surveillance footage.

"With the assistance of key witnesses and the community, the suspect, Jacob J. Sponaugle, was taken into custody at approximately 2:15 a.m. without incident outside of a residence on Montclair Avenue in the City," Batavia PD said in a release this afternoon.

Assisting Batavia in the incident were the Sheriff’s Office, City Fire, State Police, a DEC K-9 patrol, Mercy EMS, the Genesee County Local Drug Task Force, the 911 Emergency Dispatch Center, and the District Attorney’s Office

The investigation is ongoing and Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350, or the confidential tip line at (585) 345-6370.

Person reportedly shot, now in lobby of Days Inn, Batavia

By Billie Owens
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A person has been possibly shot in the chest at 200 Oak St., the Days Inn in Batavia. Mercy Flight out of Batavia is on a ground standby. Batavia police and Mercy medics are responding. The victim is reportedly in the lobby of the hotel.

UPDATE 9:40 p.m.: Mercy medics communicate they will transport the victim to the Mercy Flight hangar and the helicopter will transport from there.

UPDATE 9:48 p.m.: The victim is a 22-year-old male, shot in the left side of the chest with a 22-caliber firearm.

UPDATE 10:11 p.m.: The victim is being taken to Strong Memorial Hospital in Rochester, whether by ambulance or Mercy Flight is not clear.

UPDATE 10:36 pm.: City fire Engine #11 has arrived on scene; why is not clear. The person suspected of shooting the victim remains at large.

UPDATE 10:44 p.m.: Police believe the suspect is still in the vicinity. Lights in the hotel parking lots and the former Bob Evans Restaurant, have been shut off.

UPDATE 11:30 p.m. (by Howard): Chief Shawn Heubusch briefed the media. Police believe the victim and suspect know each other and that the shooting involved something between the two individuals. While the suspect is still at large, police have identified a person of interest and a related vehicle. Heubusch indicated investigators are confident enough in the information that they are not releasing further descriptive information. The victim was conscious and alert at the time of transport by Mercy Flight, from the airport to Strong Memorial Hospital. Heubusch said he was shot "in the area" of the Days Inn and walked into the lobby and a person there called 9-1-1. Heubusch said the investigators do not believe the suspect is a threat to the general public.

UPDATE 7:13 a.m.: Chief Heubusch reports the suspect is in custody as of 3:45 a.m. More information will be released later this morning.

Law and Order: Four Erie County teens accused of trespassing in Indian Falls

By Billie Owens

Sammy H. Esaleh, 18, of Bucyrus Drive, Amherst, is charged with trespass. He was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Haydar A. Esaleh, 18, of Glenden Place, Williamsville, is charged with trespass. Esaleh was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Rohin Ramin, 18, of Ayrault Drive, Amherst, is charged with trespass. Ramin was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Benjamin P. Rogemoser, 18, of Forbes Avenue, Tonawanda, was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

William J. Galliford, 60, of Reed Road, Bergen, is charged with: unauthorized use of a vehicle -- operating without owner's consent; resisting arrest; driving while intoxicated -- first offense. At 7:19 p.m. on July 20, Genesee County Sheriff's deputies were investigating a complaint of an unauthorized use of a motor vehicle. They located the vehicle on Reed Road in Bergen and Galliford was allegedly operating it while being toxicated. He allegedly fought with deputies. He was released with appearance tickets and is due in Bergen Town Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.

Alexander man accused by federal authorities of producing child pornography

By Howard B. Owens

A 40-year-old Alexander resident is facing federal charges for allegedly producing child pornography.

Christopher Brown is facing up to 15 years in prison.

According to Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, in April 2020, a law enforcement officer working online undercover discovered a sexually explicit video, which included a prepubescent female who appeared to be between 9 and 11 years old.

The IP address was traced to the defendant’s Dodgeson Road residence in Alexander. On July 17, a federal search warrant was executed at the residence. Investigators seized several items, including three cellular telephones and a computer. In addition, a DVD was recovered that contained explicit video of child pornography that he allegedly produced.

Investigators also reportedly recovered four firearms, including two rifles, two pistols and ammunition.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Woman at BJ's says man on motorcycle punched her

By Billie Owens

A female caller to dispatch reports she was punched by a male motorcyclist in the parking lot of BJ's Wholesale Club. The male took off, unknown direction of travel. She's waiting in a parking lot of a nearby business to talk to a State trooper.

Law and Order: Two Batavia residents arrested, one accused of DWI, the other of possessing drugs

By Billie Owens

Lyndsey Jean Wilcox, 36, of Washington Avenue, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; unlicensed operator; failure to keep right; and moving from lane unsafely. Wilcox was arrested at 3:03 a.m. July 17 after a motor-vehicle accident on Clinton Street Road in Bergen. The defendant was released with appearance tickets for Sept. 2 in Bergen Town Court. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Ryan Young.

Athena M. Hanley, 33, Pratt Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. On July 16 at 4:45 p.m. on Main Road in the Town of Pembroke, Hanley was arrested after the investigation of a motor-vehicle accident. She was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Law and Order: Ellicott Street man accused of destroying cell phone and fighting with a minor

By Billie Owens

Danny D. Williams, 31, of Ellicott Street, Batavia, is charged with fourth-degree criminal mischief and endangering the welfare of a child. Williams was arrested after a domestic incident on Ellicott Street at 1:30 p.m. on July 6. It is alleged he destroyed a cell phone and was in a physical altercation with a minor. He was arraigned in Batavia City Court and is due back there on Aug. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Marc Lawrence.

Donald J. McClary, 25, of Indiana Street, Rochester, is charged with: driving while intoxicated -- with a prior conviction; failure to stop from a driveway; unsafe turn; moving from lane unsafely; and unregistered motor vehicle. At about 1 p.m. on July 14, Batavia Police Officer Arick Perkins responded to 573 E. Main St. in Batavia for a report of a male slumped over the wheel in the McDonald's parking lot. After a subsequent traffic stop and investigation, McClary was released with traffic tickets and is due in Batavia City Court on Sept. 16. Perkins was assisted by Officer Joshua Girvin.

Shawn P. Thomas, 37, of Pine Ridge Road, Cheektowaga, is charged with criminal possession of a controlled substance in the seventh degree. Thomas was arrested on July 9, after he was allegedly found in possession of methamphetamine during a traffic stop on East Main Street in Batavia on May 7. He was issued an appearance ticket and is due in Batavia City Court on Oct. 6. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Kevin DeFelice.

Law and Order: Duo accused of robbing a victim on Hutchins Street

By Billie Owens

Jennifer J. Hogan (inset photo left), 29, of Buell Street, Batavia, is charged with second-degree robbery. She was arrested and arraigned in Batavia City Court at 9:30 a.m. on July 7. This was due to an arrest warrant stemming from an incident that occurred at 6:20 p.m. on Oct. 2 on Hutchins Street in Batavia. She also had two additional bench warrants out of city court. She was arrainged then jailed on $15,000 cash, $40,000 bond, or $60,000 partially secured bond.
 She is due to return to court on July 18. Hogan is accused of removing money from a victim's pocket after her co-defendant, 54-year-old David Vega (inset photo right), of Rochester, had allegedly prevented the victim from leaving the residence by grabbing the victim's hand, which was injured in the incident. Vega is charged with second-degree robbery and after arraignment in city court, was jailed on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. No information provided about Vega's court date. No weapons were displayed. The cases were investigated by Batavia City Police Officer Arick Perkins.

Matthew I. Diers, 36, of West Main Street, Batavia, is a convicted Level 2 sex offender charged with sex offender failure to report a change of internet identifiers within 10 days as required on the NYS Sex Offender Registry. He was previously been convicted of failing to notify authorities of a change of status within 10 days, thereby elevating this charge to a Class D felony. He is in jail without bail. The case was handled by Batavia City Police Officer Jason Ivison.

Laytefa A. Franklin, 31, Castle Place, Buffalo, is charged with endangering the welfare of an incompetent person and criminal obstruction of breathing. Franklin was arrested on July 2 and arraigned in Batavia City Court. It is alleged that at 9:15 a.m. on Jan. 4 on Bank Street in Batavia that Franklin intentionally obstructed the breathing of an incompetant person by intentionally blocking the victim's nose and mouth. Franklin was released under supervision of Genesee Justice. She is due back in court on Aug. 27. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Daniel W. Mosholder, 28, no permanent address, is charged with endangering the welfare of a child and second-degree stangulation. Mosholder was arrested after a domestic incident on North Spruce Street in Batavia at 6:45 a.m. June 28. He was arraigned in Batavia City Court and is due there again on Aug. 20. The case was handled by Batavia City Police Officer Adam Tucker, assisted by Officer Austin Hedges.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment. Cook was arrested after a disturbance on Liberty Street at 8:30 p.m. on June 29 in which she allegedly struck a neighbor. Cook was released on an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Mark Anthony Constable Jr., 31, of Ganson Avenue, Batavia, is charged with: second-degree harassment -- physical contact; criminal mischief -- intentionally damaging property; and grand larceny in the fourth degree -- taking property from a person. Batavia police were dispatched to Ganson Avenue at 10:56 a.m. on June 30 for a physical domestic incident. After arraignment in Batavia City Court, Constable was released on his own recognizance. He is due back in city court on Aug. 20. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Adam Tucker.

Thomas Franklin Hofmeier, 19, of Alleghany Road, Pembroke, is charged with third-degree criminal mischief and fourth-degree criminal mischief. He was arrested on Main Road in Pembroke at 8:32 p.m. on July 11 after he allegedly used a car key to scratch the exterior of the victim's vehicle and broke the rear view mirror in the vehicle. He also allegedly took the victim's cell phone when the victim attempted to call 9-1-1 and threw the phone into a nearby ditch so the victim was unable to call for help. Hofmeier was put in Genesee County Jail and was arraigned July 12 in Genesee County Court. He was released and is due to appear before Judge Charles Zambito on Sept. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt. Wolcott was arrested at 12:07 p.m. on July 7 on Main Street after an investigation into a violation of a court order. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Stephen Cronmiller.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested after an investigation into a domestic incident at 9:35 p.m. on July 8 on Liberty Street. Cook allegedly violated an order of protection. Cook is due in Batavia City Court on Aug. 11. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Andre Lamar Roberts, 27, of Burrows Street, Rochester, is charged with second-degree criminal contempt. At 12:30 a.m. on July 1, Roberts was found by BYS Troopers walking on Route 98 in the roadway. He was taken to Batavia Police Headquarters and arrested for allegedly violating an order of protection at a location on West Main Street in Batavia. He was arraigned in Batavia City Court and jailed on $4,000 cash bail or $8,000 bond or $15,000 partially secured bond. He is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Arick Perkins.

Robert B. Schultz, 61, of Ross street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent; DWI -- common law; and moving from lane unsafely. Schultz was arrested at 8:48 p.m. July 4 on Harvester Avenue in Batavia after a motor-vehicle accident on Harvester Avenue. He is due in Batavia City Court on Aug. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Willie L. Williams, 33, of Laser Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminally using drug paraphernalia in the second degree. At 11:18 a.m. on June 30, Williams was arrested after an investigation into a traffic stop that occurred earlier in the day on East Main Street, Batavia. After arraignment in Batavia City Court he was jailed without bail and is due back there on Aug. 13. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Stephen Cronmiller.

Police involved in pursuit in Veterans Memorial Drive area

By Howard B. Owens

Police were in pursuit of a white Chevy Impala or similar vehicle with "SECURITY" on the side.

The car apparently pulled out of the Red Roof Inn with no lights. It fled toward BJ's Wholesale Club and around the building back on to Veterans Memorial Drive. It crashed in the area of Aspen Dental and headed back toward BJ's.

It then headed back toward the Thruway and was driving on Thruway property behind the Hershey's Ice Cream building where it stopped or became stuck.

There are at least three individuals in the vehicle.

UPDATE 2:54 a.m.: Police communication indicates the car was stolen out of Rochester. Mercy EMS responded to the scene for the evaluation of at least two individuals. Troopers at the scene were unable to speak to media and referred questions to the Public Information Officer during business hours. We were able to confirm that chase started when a trooper spotted the vehicle leaving the vicinity of Red Roof Inn without headlights and before the trooper attempted a traffic stop, the vehicle drove off the roadway on Park Road. That section of Park Road had a large amount of gravel on it and tire tracks were visible along the shoulder. Once the trooper tried to initiate a traffic stop, the driver fled. The spot where the car initially went off the road is also the same spot where the car exited Park Road in an apparent attempt to gain access to the Thruway. The sedan became stuck in a ditch next to the Thruway.

Law and Order: Le Roy woman accused of grand larceny and filing false document with DSS

By Billie Owens

Jillian L. Hupp, 30, North Street, Le Roy, is charged with fourth-degree grand larceny and offering a false instrument for filing at 3 p.m. on Dec. 31. On July 9, after an investigation by the Genesee County Social Service investigator, Hupp was arrested on the charges. She was released with an appearance ticket returnable to Batavia Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Colby Le-Andrew Ellis, 31, of Albion, is charged with second-degree burglary, petit larceny, and first-degree criminal contempt. At 3:03 a.m. on July 8 in Alexander, Ellis was arrested on the charges after allegedly violating a full stay-away order of protection issued by City of Batavia Court. He was put in jail on $10,000 cash bail or $20,000 bond or $40,000 partially secured bond. He is due in Alexander Town Court on Aug. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Nicholas Chamoun.

Roy Alvin Watson Jr., 31, Shepard Road, Batavia, is charged with criminal possession of a controlled substance, and criminal use of drug paraphernalia. Watson was arrested on July 6 on the charges. Prior to that, on June 16, he was arrested on an outstanding warrant out of Orleans County. During the execution of the arrest warrant, Watson was allegedly found in possession of cocaine and drug paraphernalia. He is due in Batavia City Court Aug. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen. 

Kaleb James Bobzien, 22, of Lockport, is charged with second-degree criminal contempt. He allegedly made numerous phone calls to a protected party who lives on West Main Street in Batavia starting on Jan. 28. He was arrested July 6 and issued an appearance ticket to be in City of Batavia Court on July 14. The case was handled by Genesee County Sheriff's Investigator Joseph Loftus.

Chief finds old papers during renovation, including story of notorious fugitive from Batavia

By Howard B. Owens

While doing renovation work in his home, Batavia PD Chief Shawn Heubusch found under his old flooring layers old newspapers, all from 1927. 

The headlines help tell a story of at least one case that should be of interest to a lawman: The escape, escapades, and eventual capture of Floyd Wilcox.

Wilcox, of Oakfield, escaped from Genesee County Jail, presumably to avoid a possible sentence of life in prison after his fourth felony arrest, this time for grand larceny, under the recently enacted Baumes Law.

According to the articles, Wilcox (aka Floyd Gill), and an associate convinced a farmer to give them gas with a promise to pay once they were fueled up. When the duo drove back by the farm and didn't stop to pay, the farmer pulled out his pistol and started firing at the fleeing vehicle. The farmer jumped in his own truck and gave chase. A short time later, he found the abandoned vehicle with a flat tire from a bullet and spotted the two men running over a hill.

Later, Wilcox was a suspect in a safe-crack job in Hornell and a stealing a vehicle in Rochester. He was eventually apprehended by a Batavia PD officer on a street in the city. A subhead in the Batavia Daily News reads, "Did Not Try Very Hard to Keep Out of Reach of the Authorities."

Chief Heubusch isn't the only person finding old newspapers in old homes these days. The 1942 edition of the Batavia Daily News was found by our contractor in a wall of our house, which is undergoing renovations following our fire in April.

One of the stories is about an Army officer accused of sedition for distributing "America First" literature. It turns out, the publication of this story by Associated Press was controversial because the Army released the information to a reporter on a stipulation that no newspapers in the nation run it with only a one-column headline. Many editors found this AP requirement an unethical bargain giving the government power to dictate the nature of coverage. You can read about it in this book on Google Books.

Have you seen this stolen bike? A little girl on Manhattan Avenue would like it back

By Billie Owens

A 10-year-old girl who lives on Manhattan Avenue in the City of Batavia is sad because someone stole her new bicycle (pictured above) from her yard last weekend.

It was a gift from her grandparents, who generously bought the family four new bikes to ride this summer -- one for each child -- three girls and a boy.

A family member named Ariel is reaching out to readers of The Batavian for help in finding the bicycle. It was reported as stolen to the City of Batavia Police Department, too.

She says the bike belongs to the oldest granddaughter of her Aunt Lisa.

If you know anything about the bike's whereabouts, please call or text Lisa at (585) 356-6074.

Law and Order: Pair charged with 306 counts each of criminal contempt

By Billie Owens

Jeremy M. Fairbanks, 42, of Main Street, Batavia, is 306 (three hundred and six) counts of second-degree criminal contempt. He was arrested July 2 after a complaint of violations of a City of Batavia Court order, beginning at 4:31 p.m. on March 17. Fairbanks was issued appearance tickets and is due in Batavia City Court at 1 p.m. on Aug. 25. The case was investigated by Genesee County Sheriff's Officer Jonathan Dimmig.

Leah Rose Helen Kelly, 35, of Harvester Avenue, Batavia, is charged with 306 (three hundred and six) counts of second-degree criminal contempt. She was arrested July 5 after a complaint of violations of a Village of Bergen Court order, beginning at 4:31 p.m. on March 17. Kelly was scheduled for arraignment in Genesee County Court this morning (July 6). The case was investigated by Genesee County Sheriff's Officer Jonathan Dimmig.

Richard J. Wendt, 59, of Batavia (no address provided), is charged with criminal obstruction of breathing and second-degree harassment. He was arrested June 26 after Wyoming County Sheriff's Deputy Austin Harding and Sgt. Aaron Chase responded to a domestic incident reported at the Yogi Bear Campground on Youngers Road in the Town of Java. Wendt was transported to Wyoming County Sheriff's Office for processing, then released with tickets to appear in Town of Java Court at a later date.

David James Loiacono, 40, of Buffalo Street, Bergen, was arrested following a domestic incident at 1:02 p.m. on July 5 on Buffalo Street in Bergen. He is charged with obstructing governmental administration in the second degree, and unlawfully fleeing a police officer in a motor vehicle in the third degree. Loiacono was issued appearance tickets for Aug. 19 in Bergen Town Court then released to a third party. The case was handled by Genesee County Sheriff's Officer Jonathan Dimmig, assisted by Deputy James Stack.

Elis Salkic, 22, of Adele Drive, Greece, is charged with: unlawful possession of marijuana; aggravated unlicensed operation of a motor vehicle in the third degree; operating a motor vehicle while using an electronic device; unlicensed operation of a vehicle; and failure to stop at a stop sign. Salkic was arrested at 5:44 p.m. on June 29 after Genesee County Sheriff's deputies stopped his vehicle on Richmond Avenue in the City of Batavia. Salkic was issued an appearance ticket for Aug. 18 in Batavia City Court. The case was handled by Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Gavin J. Yauchzee, 28, of Le Roy (no address provided), is charged with petit larceny. Wyoming County Sheriff's Deputy Adam Hope responded on June 29 to a report of a larceny at the Walmart in the Town of Warsaw. It is alleged that Walmart's Asset Protection assistant observed him concealing items in his pockets, then exiting the store without paying for them. He was arrested and released with an appearance ticket for Warsaw Town Court, where he is due at a later date.

Law and Order: State Street man accused of burglarizing enclosed patio on Ellicott Avenue

By Billie Owens

Kevin M. Waleski Jr. (inset photo right), 32, of State Street, Batavia, is charged with: second-degree burglary; fourth-degree criminal mischief; attempted criminal mischief; resisting arrest; and obstruction of governmental administration. Waleski was arrested after an incident at 2:35 a.m. on June 26 on Ellicott Avenue, Batavia, in which he was allegedly found inside the enclosed patio of a third party residence without permission. He was arraigned in Batavia City Court via Skype and jailed without bail. He is due to return to city court on Aug. 13. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Alec Roberts, as well as officers Arick Perkins and Josh Girvin.

Andre L. Roberts (inset photo left), 27, of Burrows Street, Rochester, is charged with: second-degree burglary; second-degree harassment -- physical contact; and criminal mischief in the fourth degree -- preventing emergency assistance; and obstruction of governmental administration in the second degree. Roberts was arrested at 9:11 p.m. on June 24 after allegedlyentering a dwelling on Willow Street in Batavia and attempting to prevent a resident from calling 9-1-1. He also allegedly resisted being detained by a police officer who arrived on scene. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Roberts is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Cowen Mitchell.

Darius Lamar Jones, 28, of North Spruce Street, Batavia, is charged with: second-degree harassment; third-degree criminal mischief; and criminal obstruction of breathing or blood circulation. Jones was arrested after an investigation into a domestic incident that occurred at 7:15 a.m. May 11 on Summit Street in Batavia. He was arraigned in Batavia City Court and jailed without bail. He is due in city court again on July 23. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

Booker T. Ricks, 48, of North Lyon Street, Batavia, is charged with endangering the welfare of a child. Ricks was arrested and charged following an investigation into an incident at 6:45 p.m. on June 25 in which two small children were observed climbing out of a second-story window, and onto the roof of a residence. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Christopher Lindsay.

Sarah Patricia Lytle, 37, of State Street, Batavia, is charged with second-degree criminal contempt and criminal purchase or disposal of a weapon. On June 29 Lytle was arrested on the charges. It is alleged that at 3 p.m. on June 17 on Lewiston Road in Batavia that she attempted to buy a firearm while she was the subject of an order of protection, which prohibits her ability to do so. She was issued an appearance ticket for Town of Batavia Court and is due there on July 29. The case was handled by Genesee County Sheriff's Deputy Chad Minuto.

Desmond R. Miller, 25, of East Bayard Street, Seneca Falls, is charged with fourth-degree grand larceny. Miller was arrested after an investigation into a motorcycle that was stolen at 3 p.m. on May 25 on Oak Street in Batavia. Miller was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on  Aug. 20. The case was handled by Batavia Police Officer Jason Ivison.

Jose A. Rivera, 33, of Swan Street, Batavia, is charged with third-degree criminal mischief. Rivera was arrested at 3:43 p.m. on June 25 after he allegedly slashed the tires on a vehicle on Swan Street. He was processed at Batavia Police Headquarters, arraigned in Batavia City Court, then released. Rivera is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Wesley Rissinger.

A 17-year-old female resident of Batavia was arrested and charged with unlawful possession of fireworks. The arrest was made after police responded at 9:26 p.m. June 28 to State Street for multiple complaints about fireworks. Police allegedly located the teen and found her in possession of, and using, a Roman candle. She was issued an appearance ticket and is due in Batavia City Court on July 29. The case was handled by Batavia Police Officer Mitchell Cowen.

Matthew C. Olcott, 41, of Clinton Street Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and unlawful possession of marijuana in the second degree, a violation. Jerwan B. McFarley, 34, of Lehigh Avenue, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; and unlawful possession of marijuana in the second degree, a violation. Genesee County Sheriff's Deputy Ryan DeLong conducted a traffic stop of a car that Olcott and McFarley were traveling in on Cedar Street in Batavia during the afternoon of June 29. It is alleged that Olcott was in possession of crack cocaine, drug paraphernalia and was driving with a suspended license. It is alleged that McFarley possessed crack cocaine and marijuana. Both defendants were arrested by members of the county's Local Drug Enforcement Task Force and issued appearance tickets for City of Batavia Court.

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