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On the Beat: Grocery shopping?

By Philip Anselmo

Angela K. Williamson, 36, of 106 Elssworth Ave., Batavia, was charged with petit larceny and sent to Genesee County Jail in lieu of $1,000 bail Sunday afternoon, city police said. Williamson was allegedly caught pushing a cart full of groceries out of Tops Markets in Batavia without paying for the items.


Brissle J. Metales, 25, of Rochester, was charged with second-degree obstruction of government administration Saturday, city police said. Metales is accused of interfering with a police investigation into an assault at a residence on Ellicott Street in Batavia. He was sent to Genesee County Jail on $2,500 bail.


Michael A. Cordello Sr., 52, of Henrietta, was charged with unlawful possession of marijuana Thursday, Genesee County sheriff's deputies said. Deputies had responded to a disturbance call in Alexander when they found Cordello allegedy in possession of marijuana.


Lauren G. Logsdon, 23, of Holley, was charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana Thursday, sheriff's deputies said. Logsdon was stopped on Lewiston Road in the town of Alabama when she was allegedly found in possession of drugs. She was also ticketed with speeding.


Brandon M. Cross, 23, of Rochester, was charged with driving while intoxicated Sunday, sheriff's deputies said. Cross was driving on Route 20 in the town of Bethany when his car veered off the road and into a ditch. He then continued along in the ditch until he struck an access lane, overturned, slid back up onto the road and came to a rest there. There were no passengers, and Cross was not injured. Cross was also ticketed with moving from the lane unsafely.

All above reports were issued in published releases by the various departments.

State Police: You've been warned...

By Philip Anselmo

We received this press release today from the state police. It seems they're trying to give folks a fair warning. Here it is:

The New York State Police is warning tailgaters to beware! In an effort to deter drunk driving the New York State Police will have extra patrols following the Buffalo Bill’s game this Sunday, specifically looking for motorists driving under the influence of alcohol. Troopers will be on patrol throughout Erie County in an effort to deter drunk drivers and keep the roadways safe. Anyone traveling in the area should expect to see extra patrol vehicles and possibly DWI checkpoints.

“We want everyone who attends that game to have an enjoyable time, but most importantly to drive responsibly. By increasing DWI enforcement we hope to deter motorists from drinking and driving and avoid needless accidents or deaths,” stated Captain Steve Nigrelli, Zone II Commander. If you plan on drinking at the game, have a designated driver or make arrangements ahead of time to find a safe way home. The State Police is committed to protecting motorists here in Western New York. Anyone who is found to be driving under the influence of alcohol can expect to be arrested.

The State Police is committed to DWI enforcement and will continue to have extra patrols following all of the Buffalo Bill’s home games throughout the football season. Anyone with questions may contact Captain Steve Nigrelli at (716) 864-6390.

You've been warned.

On the Beat: Man on the run literally found in a hole in the wall

By Philip Anselmo

Thomas E. Frost, 44, of Alden, was charged with a felony count of driving while intoxicated Wednesday, Genesee County sheriff's deputies said. Frost was stopped on Route 77 in Darien on reports of erratic driving. He was also ticketed with inadequate muffler and unsafe tire. He was sent to Genesee County Jail in lieu of $15,000 bail.


Juan A. Roman, 30, of Washington Ave., Batavia, was charged with driving while intoxicated Thursday, sheriff's deputies said. Roman was driving on Porter Avenue when he was spotted allegedly driving over the cement curb. He was then stopped by deputies and also ticketed with unsafe backing, unlicensed operation, moving from the lane unsafely and comsumption of alcohol in the vehicle.


Dean F. Ivison, 50, of Byron, was charged with two felony counts of third-degree criminal sale of a controlled substance and two felony counts of third-degree criminal possession of a controlled substance, sheriff's deputies said. Ivison allegedly sold cocaine to an agent of the Genesee County Local Drug Task Force.


In regional police news... An Atlanta man wanted for murder was apprehended in Buffalo Thursday, state police said. Willie Lumpkin Jr., 33, was charged with being a fugitive from justice and sent to Erie County Holding Center to await extradition proceedings. Lumpkin was wanted on a murder warrant issued in March, 2007, and a subsequent charge of unlawful flight to avoid prosecution issued out of Atlanta that same month. State police, U.S. Marshals and the FBI searched for over a year for Lumpkin.

A tip to Crime Stoppers aided police in finding Lumpkin who was hiding in an attic crawl space at a residence in Buffalo. He refused to come out once he had been found, and the state police and U.S. Marshals had to cut a hole in the wall to remove him. No injuries were reported.

On the Beat: More charges for alleged copper thief

By Philip Anselmo

Roy D. Hooten, 47, of Oakfield, was charged with two felony counts of third-degree burglary yesterday for an incident that occured sometime in mid-August, Genesee County sheriff's deputies said. Hooten was arrested last week following an investigation that spanned nine months. He was accused of stealing copper wire and scrap metal from three sub-stations in Oakfield. The charges filed yesterday relate to the alleged theft of several metal items including a large aluminum tool box from the old Path Truck Lines Terminal on Judge Road in Oakfield. Hooten's bail was increased from $1,500 to $20,000 on the new charges.


Daniel C. DiLaura, 33, of 11 S. Lyon St., Batavia, was charged with second-degree criminal contempt Tuesday afternoon, Gensee County sheriff's deputies said. DiLaura allegedly violated the terms of his parol.


Edward J. Howell, 66, of Le Roy, was charged with two felony counts of third-degree criminal sale of a controlled substance and two felony counts of third-degree criminal possession of a controlled substance, deputies said. Howell allegedly sold pills to an agent of the Genesee County Local Drug Task Force. He was sent to Genesee County Jail.

All above reports were issued in published releases by the department noted.

On the Beat: Labor Day weekend

By Philip Anselmo

An investigation into child pornography that spanned two years led to charges for an inmate of the Groveland Correctional Facility. Genesee County sheriff's deputies charged Kevin P. Boss, 27, with 13 felony counts each of possessing a sexual performance by a child and possession of an obscene sexual performance by a child. Investigation began in 2006 when officer Kevin Wright contacted the sheriff's office after he allegedly discovered computer images that contained child pornography in the home of Kevin Boss in the town of Batavia. A forensic lab in Buffalo later confirmed Wright's suspicions.


Harris G. Reed, 27, of Pavilion, was charged with a felony count of first-degree criminal possession of a forged instrument Sunday, Genesee County sheriff's deputies said. Reed allegedly attempted to use a counterfeit $100 bill to make a purchase in Darien Lake Theme Park. He was sent to Genesee County Jail in lieu of $15,000 bail. Reed also had outstanding warrants issued by the Le Roy police department and the Wymong County Sheriff's Department for issuing bad checks.


Jacqueline Eagen, 44, of Buffalo, was charged with three counts of endangering the welfare of a child Sunday, sheriff's deputies said. Eagen was stopped in the town of Pembroke following reports of a dispute earlier that evening by Darien Lake security. She was allegedly found to be under the influence of alcohol while driving with three children in the vehicle. Eagen was charged with driving while ability impaired by alcohol, driving with a suspended registration and driving in violation of a conditional license.


Marvin R. Gilbert Jr., 42, of Williamsville, was charged with second-degree promoting prison contraband, sheriff's deputies said. Gilbert was allegedly found with medication that he was not supposed to have while he was an inmate at the Genesee County Jail.

All above reports were issued in published releases by the sheriff's office.

On the Beat: Bad checks and bad driving

By Philip Anselmo

Kenneth G. Shoemaker, 33, of Buffalo, was charged with a felony count of third-degree grand larceny yesterday, city police said. Shoemaker is accused of issuing checks totalling over $3,000 to a city business in August. Those checks were later returned by the bank unpaid. An investigation revealed that the account "never had sufficient funds to cover the checks." Shoemaker was arrested and sent to Genesee County Jail with no bail.


William A. Brolley, 52, of Darien, was charged with driving while intoxicated early this morning, Genesee County sheriff's deputies said. Brolley was involved in a one-car crash on Route 77 in Darien. He was also ticketed with driving left of pavement markings in a no passing zone.

All above releases were issued in published reports by the respective departments.

On the Beat: Shooting the neighbor's cat is against the law

By Philip Anselmo

Sixty-seven-year-old Douglas H. Clarke, of Le Roy, is accused of shooting at a cat in the neighbor's yard with a BB gun on August 3, Genesee County sheriff's deputies said. He was subsequently charged with attempted aggravated cruelty to animals.


Angel M. Sumeriski, 23, of Oakfield was charged with fourth-degree criminal mischief and second-degree harassment Tuesday, sheriff's deputies said. Sumeriski is accused of striking another woman then destroying the victim's phone when she tried to call 911.


Robert J. Roath Jr., 50, of Basom, was charged with second-degree harassment Tuesday, sheriff's deputies said. Roath is accused of pushing his girlfriend during a dispute in the parking lot of the Oakfield Hotel, then slapping her daughter in the face. An order of protection was subsequently issued to keep Roath from "offensive conduct" toward them.


Raymond J. Radley, 42, of Pavilion, was charged with second-degree criminal contempt Tuesday, sheriff's deputies said. Radley was allegedly involved in a dispute with his girlfriend at his home. The incident resulted in the issuance of an order of protection restraining Radley from further conduct with her.


Jared M. Heeb, 20, of Attica, was charged with second-degree aggravated harassment Wednesday, sheriff's deputies said. Heeb is accused of sending someone threatening messages. He was sent to Genesee County Jail in lieu of $250 bail.


Joshua L. Baltz, 32, of Batavia (no specific address given), was charged with petit larceny Wednesday following a police chase on foot through the Wal-Mart parking lot, sheriff's deputies said. Baltz allegedly stole a wallet and digital camera from Wal-Mart and, when confronted by staff, fled the scene. Deputies caught up with him in the Batavia Downs parking lot. He was sent to Genesee County Jail in lieu of $500.


Patrick L. Reeves, 33, of 26 Ganson Ave., Batavia, was charged with a felony count of first-degree aggravated unlicensed operation, driving while intoxicated and endangering the welfare of a child Wednesday, sheriff's deputies said. Reeves was stopped on Batavia-Oakfield Townline Road in Oakfield when deputies discovered that he was allegedly intoxicated, did not possess a valid license and was driving with a 9-year-old child.

All the above reports were taken from published releases from the department.

On the Beat: Extended Edition

By Philip Anselmo

Katelyn M. Pawliske, 21, of Eden, was charged with driving while ability impaired by alcohol early Sunday morning, Genesee County sheriff's deputies said. Pawliske drove into the rear of a vehicle stopped in traffic on Route 77 in the town of Darien after she had exited the concert at Darien Lake. She was also ticketed with following too closely.


Jeffrey M. Brodsky, 37, of Covington, was charged with a felony county of third-degree criminal possession of a controlled substance Friday, Genesee County sheriff's deputies said. Members of the Genesee County Local Drug Enforcement Task Force allegedly found over a half ounce of crack cocaine on Brodsky when they searched his home and his vehicle last week. About a quarter pound of marijuana, some powder cocaine, more crack cocaine, other illegal substances, illegal weapons and several pieces of drug paraphernalia were also allegedly found at Brodsky's home.


Darrell G. Plichta, 21, of Oneida, was charged with unlawful possession of marijuana Wednesday, August 20, sheriff's deputies said. Plichta was stopped on Route 89 in the city of Batavia. He was also ticketed with moving from the lane unsafely.


Conor P. Wilkes, 20, of 8303 Lewiston Road, Batavia, was charged with unlawful possession of marijuana Saturday, sheriff's deputies said. Wilkes had been stopped on Route 5 in Batavia for an alleged traffic violation.


Brandy L. Hamill, 34, of Depew, and Jeffrey D. Nicosia, 29, of Corfu, were charged with seventh-degree criminal possession of a controlled substance, unlawful possession of marijuana and possession of a controlled substance bu ultimate users not in original containers Tuesday, August 19, sheriff's deputies said. Hamill and Nicosia had been stopped on Route 77 in Pembroke for an alleged traffic violation.


David J. Roma, 25, of Cheektowaga, was charged with exposure Friday, sheriff's deputies said. Roma allegedly urinated on the seats in front of him at the concert at Darien Lake that night. He was sent to Genesee County Jail in lieu of $500 bail.


Steven C. Brooks, 21, of Amherst, was charged with third-degree unauthorized use of a vehicle Friday night, sheriff's deputies said. Brooks allegedly took a golf cart owned by Darien Lake, drove it into a parked car and fled the scene. He was also ticketed with leaving the scene of a property damage accident.


John H. Lobaugh, 30, of Kenmore, was charged with fourth-degree criminal mischief and second-degree harassment Saturday, sheriff's deputies said. Lobaugh allegedly got into a fight with his girlfriend in Pembroke following the concert at Darien Lake and pushed her down an embankment where she landed in a ditch and struck her head on a rock. When she tried to call 911, he allegedly grabbed her phone and threw it away causing damage to the phone, too. She refused medical treatment.


Kenneth J. Anderson, 35, of Brockport, was charged with driving while intoxicated Saturday, sheriff's deputies said. Anderson was stopped on Route 33 in the city of Batavia for an alleged traffic violation.


Carlton K. Stewart, 64, of Basom, was charged with a felony count of driving while intoxicated Sunday, sheriff's deputies said. Stewart was stopped on West Main Street Road in the town of Batavia. He was also charged with consumption of alcoholic beverage in a motor vehicle.


Eric M. Lawrence, 17, and Phillip E. Garrett, 27, both of Amherst, were charged with unlawful possession of marijuana Firday, sheriff's deputies said. Garrett was driving the vehicle that was stopped on Route 77 in Corfu. Deputies found that his license was suspended. Garrett was also charged with third-degree aggravated unlicensed operator and operation with a suspended registration.


Raymond D. Scott, 43, of Wyoming, was charged with unlawful possession of marijuana Friday, sheriff's deputies said. Scott was stopped at a DWI road check on Route 33 in the city of Batavia. Deputies then discovered that his license was suspended. He was also charged with aggravated unlicensed operator and operation with a suspended registration.


Brandon C. Dodd, of 3 Maple St. (Apt: Lower), Batavia, was charged with driving while intoxicated Tuesday night, city police said. Dodd was stopped after he allegedly drove through a red light. He was also ticketed with passing a red light.


Roy D. Hooten, 47, of Oakfield, was charged with two felony counts of fourth-degree grand larceny and one misdemeanor county of petit larceny Tuesday, sheriff's deputies said. Hooten was arrested at his home and sent to the Genesee County Jail in lieu of $1,500 cash bail. Hooten is alleged to have stolen copper grounding wires and other scrap metal on at least seven occasions from three sub-stations on Maple Avenue in Oakfield over the course of nine months. Further charges are pending.

All of the above arrests were issued in published releases from the various departments.

News roundup: On the mall sign...

By Philip Anselmo

WBTA's Dan Fischer picked up some great audio of last night's concluding debate about the mall sign—which was approved for purchase by a vote of 6-2. He has posted the views of two City Council members who held opposing views on the mall: Rosemary Christian and Charlie Mallow.

In other news, the former highway superintendent of the Erie County town of Marilla, David Pierce, told a judge yesterday that "alcoholism and greed" made him break the law. Pierce was sentenced to seven months in jail for using town employees to work on his property, doing such things as building a fishing and swimming pond.

City police: New station hours (plus this week's charges)

By Philip Anselmo

Starting on September 1, the Batavia police station at 10 W. Main St. will only be open to the public from 8:30am to 4:30pm. A desk clerk will be on hand during those hours. A call box will be set up outside the station to contact dispatch at the Genesee County Sheriff's Office on Park Road. City police has also opened a new non-emergency number and for contacting police personnel: (585) 345-6444.


Derrick G. Ryzner, 19, of Pennsylvania, was charged with unlawful possession of marijuana Tuesday, Genesee County sheriff's deputies said. Deputies had responded to a suspicious vehicle complaint when they allegedly found the drugs in Ryzner's vehicle.


A couple's complaint about a stolen bank card and an account robbed of its funds led to charges against the couple themselves, Genesee County sheriff's deputies said. Twenty-five-year-old Jennifer and 23-year-old Christopher Cummings, both of Pavilion, were charged with third-degree falsely reporting an incident. After reporting the theft of bank card and money, deputies discovered that the two had allegedly taken their own money out of the bank and reported it stolen.

News roundup: Break in at the Le Roy Little League concession stand

By Philip Anselmo

Police in Le Roy are looking for anyone with information about an apparent break in at the Little League concession stand in the village, according to WBTA. At some point over the past few nights, someone had forced open the door and got inside. Anyone with information should call (585) 768-2527.

Assemblyman Steve Hawley told WBTA's Dan Fischer that most of the $450 million that the state legislature recently agreed to cut from its spending are "un-spent member items, the so-called pork that legislators use to win points with their local constituents." (Quote from Fischer.)

News: City OKs plans for deli, ramps up drug enforcement

By Philip Anselmo

A Batavia detective will become a full-time member of the Genesee County Drug Task Force, according to the Daily News. This marks the first time since 2002 that a member of the city force joined up full-time on the multi-agency task force. Police Chief Randy Baker said he hopes the group will continue its focus on "the big guy," as well as the "smaller concerns of neighborhoods." At least, that's what I think he says. Here's the full quote, from reporter Scott DeSmit:

"We met and we wanted to refocus our efforts ... They were doing long-term investigations, focusing on getting the big guy rather than addressing the smaller concerns of neighborhoods. That's all tied together and that's what we're doing."

It's not clear if the chief is saying that the task force was concentrated on the big guy and now they will focus more on smaller concerns, or my interpretation up above. I phoned the chief to clear up the ambiguity. He was unavailable. I left a message.

UPDATE: Chief Baker did get back to me this afternoon to confirm that the second interpretation is correct, that the task force will do more to address the "smaller concerns."


Plans for the soon-to-be-built Sallome's Deli on Oak Street—check out their job listing on our site—were approved by the city planning board last night following a brief debate over the number of signs to be allowed. There's no mention of when the deli will open at 34 Oak St., but the hours will likely be from 8:00am to 8:00pm six days a week.


Richard J. Peters II, 18, of Batavia, was sentenced to 11 1/2 years in state prison for the rape of a four-year-old girl. Wyoming County Judge Mark H. Dadd added 20 years of post-release supervision. Peters could have faced up to 25 years in prison for pleading guilty to a felony county of first-degree rape and a felony count of first-degree criminal sex act.


As the wrecking ball gets set to smash Le Roy's historic Masonic Temple to the ground, Genesee County's Economic Development Center gets set to give Walgreens $122,375 in tax exemptions. The temple, a few neighboring retail spaces and a couple of homes around the corner are all being torn down to make way for the pharmacy chain.


Batavia's town planning board has determined that the Genesee Valley Agri-Business Park will have a "significant impact on the environment." A public hearing has been set for 7:00pm on September 16 at the town hall, 3833 West Main Street Road, for residents to hear about the impact and voice their opinions on the project. "The potential effects of constructing the Ag Park," writes Paul Mrozek, "include increased noise, odor and traffic and converting 200 acres of vacant land into an industrial park."

On the Beat: Mayhem at Darien Lake

By Philip Anselmo

Genesee County sheriff's deputies were kept busy at last night's concert at Darien Lake. (Not that that should come as much of a surprise. It was the "Rockstar Energy Mayhem Concert," after all. Oh the capacities for loud rock to incite unsublimated aggressions!)

And aggressions there were aplenty: four charges of disorderly conduct, five charges of harassment, and one attempted assault on a police officer. One trespass, eight charges of underage possession of alcohol, one charge of unlawful possession of marijuana and three more of criminal possession of marijuana round out the list.

Jeremy P. Telvock, 32, of Auburn, is accused of attacking a sheriff's deputy while being escorted out of the venue. Telvock was charged with attempted assault on a police officer, resisting arrest and second-degree harassment. He was sent to Genesee County jail in lieu of $10,000 bail.

David M. Collandra, 23, of Renssalaer, was charged with trespass and sent to the jail in lieu of $500 bail. Collandra allegedly refused to leave the property.

The following were charged with disorderly conduct: Simon B. Gilly, 19, of Rochester; Patrick J. Brink, 34, of Auburn; Christopher R. Smith, 22, of Rochester; and Amy L. Sink, 32, of Yorkshire. Gilly and Brink were both sent to the jail in lieu of $500 bail.

The following were charged with second-degree harassment: Michael B. Mustillo, 26, of Depew; John D. Drexler, 42, of Webster; Thomas E. Leith, 20, of Gowanda; and Andrew D. Schoff, 25, of Brockport.

On the Beat: Enforcement detail

By Philip Anselmo

A multi-agency enforcement detail including Genesee County sheriff's deputies and city police officers set up in the south-east section of the city Thursday. twenty uniform traffic tickets were issued. Five people were charged with unlawful possession of marijuana: John P. Wittkopp, 25, of 124 Osterhaut Ave.; Robert K. Neaman, 20, of Bethany; Elliott Hickman, 17, of 26 Ganson Ave.; Derek McQueen, 21, of Corfu; and Keesta Z. Skellon, 30, of 665 Ellicott St., who was also charged with trespass. Willie J. Shannon, 52, of 101 Harvester Ave., was also charged with trespass. Jerad M. Stalker, 24, of Alexander, was charged with possession of a hypodermic needle.


Leroy S. Crandall Jr., 61, of Corfu, was charged with driving while intoxicated Saturday following a traffic stop on Alleghany Road in Corfu, Genesee County sheriff's deputies said. He was also ticketed with improper left turn.


David L. Good, 21, and Eric A. Ernestine, 18, both of Liverpool, were charged with disorderly conduct Sunday night after they were evicted from Darien Lake, Genesee County sheriff's deputies said. Good and Ernestine allegedly cursing at the security guards while being escorted out of the park. Good was also charged with two counts of second-degree harassment. Deputies were told that he pushed the security guards and resisted arrest.


Adam M. Zastrocky, 24, of Bergen, was charged with seventh-degree criminal possession of a controlled substance Saturday, Genesee County sheriff's deputies said. Zastrocky was observed "acting suspiciously" in a parking lot in the village. With him was Edward W. Zastrow, 27, of Bergen, who was charged with public lewdness. Zastrow was allegedly urinating in public.


Brandon C. McCoy, 17, of Kelsey Road, Batavia, and Tara A. Trommetter, 17, of Corfu, were charged with unlawful possession of marijuana Wednesday, Genesee County sheriff's deputies said.


David J. Newton, 26, of Rochester, was charged with petit larceny Saturday, Genesee County sheriff's deputies said. Newton was accused of stealing merchandise from a shop in Darien Lake.


Bobby L. Mobley, 49, of 8 Central Ave., Batavia, was charged with second-degree criminal contempt Saturday night, city police said. Mobley is accused of violating an order of protection.

Arrests: August 11 and August 13

By Philip Anselmo

Robert J. Kotarski Jr., 39, of Alabama, was charged with a felony county of criminal sexual act in the second degree Wednesday, Genesee County sheriff's deputies said.

Kotarski is accused of performing oral sex on a female under the age of 15 on five separate occasions between 2005 and 2006. He was released under the supervision of Genesee Justice and will reappear at a later date to answer the charges.


Joseph A. Hernick, 59, of Stafford, was charged with second-degree harassment Wedensday, Genesee County sheriff's deputies said. Hernick allegedly punched his neighbor in the head while he was mowing his lawn. An order of protection has been issued on behalf of the victim.


Twenty-one-year-old Joseph J. Alba, of Akron, was charged with petit larceny Monday, Genesee County sheriff's deputies said. Alba is accused of reaching into a Dip-N-Dot vending stand at Darien Lake and stealing a handful of Dip-N-Dots valued at approximately $1.

All above releases were reported in published releases by the sheriff's office.

News roundup: New cop cars, same old criminals

By Philip Anselmo

Daily News reporter Scott DeSmit profiles the city police department's new patrol cars in an article on today's front page. His take: they're all about "keeping a low profile." That means no flashy lights on the roof. Why? Officers hope the bare car top will "allow them to blend in more with traffic in an effort to catch violators."

"People engaged in criminal activity or violating traffic laws tend to scan traffic looking for that light bar," Officer Wayne Fenton said. "Taking the light bar away allows the car to blend in with the rest of traffic."

Except, of course, for the flashy lettering and block-letter 'POLICE' decal on the side of the car. For catching drivers who only get that cursory glance over traffic, I suppose it could help fight the speeders on residential streets. The $23,000 cars do come with lights, it should be noted: strobes.

Of course, no slick, pseudo-undercover makeover is going to make a cop's life any easier.

Take their stroll through the junior rapids of Tonawanda Creek this morning in pursuit of an alleged shoplifter. Just shy of 9:00am this morning, police responded to a larceny call at the Sugar Creek Store on West Main Street. On scene, Scott DeSmit tells us, one of the officers "shagged the man from a grove of trees behind the store"—fantastic description. The man then ran into the muddy, burbling Tonawanda Creek. Lt. Eugene Jankowski said the man nearly drowned! But they picked him up and brought him down to headquarters for processing.

What was he accused of stealing? Two beers.

For other fascinating news stories, be sure to pick up your own copy of the Daily News wherever they are sold. Or, better yet, subscribe at BataviaNews.com.

Police Blotter: August 11

By Philip Anselmo

Genesee County sheriff's deputies report that three people were charged with unlawful possession of marijuana in the town of Pembroke Monday. They are: Michelle M. Eleczko, 20, of Corfu; Jennifer L. Wagner, 19, of Akron; and Cassandra M. Martin, 20, of Akron.


Scott M. Florian, 40, 8317 Slusser Road, Batavia, was charged with driving while intoxicated and another count of aggravated DWI Monday night in the town of Pembroke, Genesee County sheriff's deputies said. Florian was also ticketed with failure to keep right.


Mark C. Johnson, 46, of Oakfield, was charged with seventh-degree criminal possession of a controlled substance Monday, according to the Genesee County Local Drug Enforcement Task Force. A search of Johnson's residence in June found what was later confirmed to be cocaine.


Debrah A. Butler, 40, of Elba, was charged with two counts of felony falsifying business records and two counts of petit larceny, a misdemeanor, Monday following an investigation into a theft at Elba Yellow Goose, Genesee County sheriff's deputies said. Butler was an employee of the Yellow Goose and is accused of stealing three money orders and allegedly trying to conceal the theft by making false entries in the company business records.

All above incidents were reported in published releases from the departments listed.

News roundup: Kirkup says wife's death was in self-defense

By Philip Anselmo

Robert Kirkup pled guilty to manslaughter in Genesee County Court Monday, according to the Daily News. The 68-year-old California man was brought to New York on an arrest in June when he was charged with the murder of his wife, Janet, in the town of Darien during a camping trip 16 years ago.

Scott DeSmit reports that Kirkup faces between five and 15 years in state prison. He will be sentenced in September. DeSmit was in the courtroom when Kirkup was brought before Judge Robert C. Noonan, and he does a great job of bringing out the details of that public confession.

DeSmit writes that Kirkup "was barely able to stand" in the courtroom when he admitted his guilt.

His wife, he said, had been drinking beer all day and at one point in the evening "came inside the motor home and started yelling and punching me."

"I was unfaithful to Janet back in the '80s and whenever she drank alcohol, she would start fighting with me and bring that up," Kirkup wrote. "Janet came after me, punching me in the face. She broke my glasses."

"I then grabbed Janet by the throat with my right hand. We both struggled a bit and she ended up on the floor ... I held on to Janet by the throat until she stopped struggling with me."

Kirkup told the judge that he then covered up the body and slept on the couch.

"I grabbed Janet under the arms and dragged her out of the motor home ... I dragged her about 100 yards into the woods. I dug a hole about two to three feet deep ... I put Janet in the hole face up then covered her body with dirt and left."

He admitted that he was afraid he would go to jail if he told the truth about what happened and that "no one would believe that I killed her in self defense."

You can pick up a copy of the Daily News at any local newsstand. Or, better yet, subscribe at BataviaNews.com.

More on the Honeymoon behind bars...

By Philip Anselmo

Rochester's Democrat & Chronicle dug up some more details about the incarceration over the weekend of a Batavia groom who was barred from contact with the woman he married.

Batavia police reported yesterday that Timothy T. Cole, 45, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding.

Cole was sent to Genesee County Jail in lieu of $2,500 bail, and it turned out that this was not the first time he had been picked up for violating a court order of protection.

From the Democrat & Chronicle:

According to Batavia City Court documents, Cole was charged with second-degree criminal contempt on July 1, meaning that he violated a previous court order. The July 1 order of protection required Cole to stay away from the woman he ended up marrying Friday.

The order, which also mandated that he stay away from the woman's home, school, business and place of employment, was effective until July 1, 2011. Cole was required to "refrain from communication or any other contact" with the woman.

It turned out that police were alerted to the contact because of an alleged altercation at Cole's residence. When police arrived on the scene they allegedly found Cole in a fight with a guest "over a chair." The subsequent charge of criminal contempt was levied when Cole's record was checked and police discovered that his new wife had an order of protection.

Cathy Mazzotta, executive director of Alternatives for Battered Women in Rochester, was not familiar with Cole's case but said women who have orders of protection against men sometimes end up having contact with them for various reasons.

"Victims have the same hopes and aspirations we all have," Mazzotta said. "They are hopeful their abusers will change ... and believe their promises. They are looking toward the future in a positive way."

On the Beat: Not exactly a Honeymoon

By Philip Anselmo

A local groom spent his honeymoon in jail this weekend. Forty-five-year-old Timothy T. Cole, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding, city police said. Police responded to a report of a domestic dispute and allegedly found that Cole had married "the very same person that he was barred from going near." He was sent to Genesee County Jail without bail.


Jamie M. McGiveron, 32, of Akron, was charged with felony driving while intoxicated following a crash in the town of Pembroke Saturday afternoon, Genesee County sheriff's deputies said. McGiveron allegedly drove into a home on Indian Falls Road, then into and out of a cornfield and back out onto the road. He suffered minor injuries but refused medical treatment.

McGiveron was sent to Genesee County Jail in lieu of $2,500 bail. He was also ticketed with failure to keep right, driving left of pavement parkings and moving from the lane unsafely.


Kelly J. Spenton, 35, of Oakfield, was charged with two counts of endangering the welfare of a child, Genesee County sheriff's deputies said. Spenton is accused of interfering with an investigation conducted by the Department of Social Services Child Protection Services during the month of July.

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