grand jury

Charles S. Ganoung IV is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on March 25 in the 6300 block of Transit Road in the Town of Byron that Ganoung possessed an assault weapon. According to the indictment, it was a DPMS Panther Arms semiautomatic .223-caliber rifle, equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. In count two, he is accused of the same crime for also allegedly possessing a large capacity ammunition feeding device. The indictment says it was a large capacity .223-caliber magazine loaded with 28 live .223-caliber rounds.

Tawny L. Collazo is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on May 25 in the Town of Pembroke that Collazo drove a 2013 Dodge on Route 5 while in an intoxicated condition and while a child 15 years of age or less was a passenger. In count two, she is accused of aggravated DWI, per se, as a Class E felony. In is alleged in count two that she had a BAC of .08 or more at the time with passenger age 15 or under. In count three, Collazzo is indicted for the crime of aggravated DWI as a Class E felony for allegedly driving while intoxicated while a second child age 15 or less was a passenger. In count four, she is again accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time with a second passenger age 15 or younger.

Michael J. Wojdyla is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Darien that Wjodyla drove a 2009 Chevrolet on Main Park Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Martin Jones is indicted on two counts of criminal possession of a forged instrument, 2nd, and two counts of offering a false instrument for filing. Jones is accused of presenting a document, a forged Medical Examination for Employability report, to officials at the Department of Social Services on Feb. 23 for the purpose of fraudulently claiming benefits. He also allegedly presented a forged Medical Qualifications/Work Status report.

Daniel J. Difrancesco is indicted on a count of felony DWI and of refusing a breath test. Difrancesco is accused of driving drunk April 18 in the Town of Batavia on Route 5. It's alleged he has a prior DWI conviction within the past 10 years, in May 2007.

Gail M. Williams is indicted on a count of third-degree grand larceny. Williams is accused of stealing property with a value in excess of $3,000 from a location in the Town of Le Roy, between late 2014 and early 2017.

Rodney A. Barber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Aug. 22 in the City of Batavia that the defendant intended to cause, and did cause, physical injury to a person by means of a deadly weapon or dangerous instrument, in this case several -- "a can of corn, a toaster, a vase, a knife and glass dishes." In count two, Barber is accused of the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that on the same day at an apartment on South Main Street in the City of Batavia, that the defendant possessed "a dagger, dangerous knife, dirk, razor, stiletto" or another dangerous or deadly instrument or weapon with the intent to use it unlawfully against another person. In Special Information filed with the indictment, the District Attorney accuses Barber of having been convicted of the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, on Feb. 7, 2012, in Genesee County Court and that "conviction forms the basis for count two" of this indictment.

Steven R. Colombo is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 25, Colombo knowingly entered or remained unlawfully in a dwelling on East Main Street in Batavia with the intent to commit a crime. In count two, he is accused of criminal contempt in the first degree, a Class E felony, for allegedly violating a duly served order of protection. The defendant allegedly intentionally violated the order by some means of physical contact, or he attempted or threatened physical contact.

Evan M. Wilson is indicted for the crime of aggravated unlicensed operation in the first degree, a Class A felony. It is alleged that on May 6 in the Town of Le Roy that Wilson drove a 2006 Toyota on Route 19 while knowing, or having reason to know, that he driver's license was suspended, revoked or otherwise withdrawn by authorities. He allegedly had three separate suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In addition, Wilson is accused of driving on May 6 while under the influence of alcohol or a drug. In count two, the defendant is accused of the crime of DWI, as a misdemeanor. In count three, he is accused of the offense of unlawful possession of marijuana on the same date. In count four, Wilson is accused of speeding, a traffic offense, for driving in excess of 55 mph. In count five, Wilson is accused of the offense of refusing to submit to a breath test on that date.

David S. Hazzard is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 1 in the Town of Le Roy that Hazzard drove a 1999 Toyota on Interstate 90 while in an intoxicated condition. In count two of the indictment, he is accused of the crime of aggravated unlicensed operation in the first degree, another Class E felony, for driving when he knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that at the time he was under the influence of alcohol or a drug in violation of the law. In count three, the defendant is accused of the crime of circumvention of an ignition interlock device, a Class A misdemeanor. It is alleged that when he drove on March 1, he was subject to a court-ordered ignition interlock device when operating a motor vehicle, and the Toyota he drove was not equipped with one.

Joseph B. James is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on May 7 in the City of Batavia that James, with intent to prevent a police officer from performing a lawful duty, caused physical injury to a police officer. In count two, James is accused of the crime of third-degree criminal mischeif, a Class E felony. It is alleged in count two that James damaged another person's property in an amount exceeding $250 -- a surveillance camera and housing in the holding room at the BPD on West Main Street in the City of Batavia.

Shawn M. Twardowski is indicted for the crime of third-degree robbery, a Class D felony. It is alleged that on Jan. 26 in the City of Batavia that the defendant forcibly stole property -- a cell phone. In count, Twardowski is accused of the crime of cruelty to animals, a Class A misdemeanor, according to the state Agriculture and Markets Law Section 353, and it is alleged that he cruelly beat and strangled a dog belonging to a female.

Darrell Smith is indicted for the crime of first-degree coercion, a Class D felony, for allegedly threatening to kill three people on May 6 in the City of Batavia. Smith is accused of compelling or inducing a male to abstain from engaging in conduct in which he had a legal right to engage. Smith allegedly held a knife in his hand and a glass bottle in another as a means of instilling fear in the victim that, if his demand was not complied with, the defendant would cause him physical injury. Smith allegedly threatened the victim with physical injury if the victim were to try and leave the residence before "he produced property demanded by the defendant." In counts two and three, Smith is accused of the same crime on the same day involving another male victim and a female victim, respectively. In count four, Smith is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by applying pressure on the throat or neck of a male victim. In count five, Smith is accused of fourth-degree criminal mischief, also a Class A misdemeanor, for allegedly intentionally damaging another person's property -- a shelving/stereo unit and items displayed or stored on the unit. In count six, Smith is accused of second-degree menacing, another Class A misdemeanor, for allegedly intentionally placing or attempting to place a male victim in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon -- a knife.

Cassy L. Drury is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Jan. 23 in the Town of Le Roy that Drury, who is a female over the age of 21, engaged in sexual intercourse with another person less than 17 years old. In counts two and three, she is accused of committing the same crime on Jan. 30 and  31, respectively, also in the Town of Le Roy. In count four, Drury is accused of third-degree stalking, a Class A misdemeanor. It is alleged in count four, that Drury -- with intent to harass, annoy or alarm a specific person -- intentionally engaged in a course of conduct directed at that person. This alleged course of conduct was likely to cause such person to reasonably fear physical injury, serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of this person or a member the person's immediate family.

David L. Handley Jr. is indicted for the crime of third-degree burglary, a Class D felony. On Feb. 12, it is alleged that the defendant entered a convenience store on Telephone Road in the Town of Pavilion with the intent to commit a crime. In count two, it is alleged that on the same day, Handley commited the same crime at a construction company on Route 237 in the Town of Stafford. In count three, Handley is accused of petit larceny, a Class A misdemeanor, for allegedly stealing "a white trash can and tools" from the construction company in Stafford.

Tracy A. Hilton is indicted for the crime of first-degree criminal contempt, a Class E felony. On Feb. 18 in the Town of Alexander, the defendant allegedly violated a duly served order of protection to stay away from a certain person. In Special Information filed with the indictment, District Attorney Lawrence Friedman accuses Hilton of having been convicted of the same crime within the previous five years, on June 2, 2014.

Christopher R. Stowell is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 6 in the Town of Pavilion, that Stowell rode a 2006 Suzuki motorcycle in a westerly direction on Route 20 and did so while holding a conditional driver's license and also did so while under the influence of alcohol. In count two of the indictment, the defendant is accused of the offense of driving while ability impaired by alcohol, a violation. In count two, it is alleged that his ability to operate the Suzuki at the time was impaired by the consumption of alcohol. In count three, Stowell is accused of operating a motor vehicle in violation of the terms of a conditional driver's license. It is alleged that at the time he rode the motorcycle, he did so for a use other than authorized by the vehicle and traffic law section (1196-7(a)) of the conditional license. In count four, he is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle, in this case, a motorcycle. Also, in Special Information filed by the District Attorney, Stowell is accused of having been convicted of driving while ability impaired by consumption of alcohol on Aug. 16 in the Village of Geneseo Court and that this conviction formed the basis of the conditional license referred to in counts one and three.

Jason E. Carpenter is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 26 on Liberty Street in the City of Batavia that Carpenter, with intent to cause serious physical injury to another person, caused such injury to a person.

Willie A. Sabb Jr., AKA Willie A. Saab Jr., is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29 the defendant knowingly entered or remained unlawfully in a dwelling on Lyon Street in the City of Batavia with intent to commit a crime. In count two of the indictment, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two, that on Jan. 29, in violation of a duly served order of protection, he -- with intent to harass, annoy, threaten or alarm the protected party -- struck, shoved, kicked or otherwise subjected that person to physical contact, or he attempted or threatened to do so.

Glenn H. Quintern is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Nov. 5 Quintern knowingly entered or remained unlawfully within a dwelling on Central Avenue in the City of Batavia with the intent to commit a crime.

Jonathan E. Seiger is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Seiger stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Seiger is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Seiger assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Seiger is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Scott H. Spencer is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Spencer stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Spencer is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Spencer assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Spencer is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Kayleigh J. Allen is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Nov. 26 in Town of Batavia that Allen drove a 2012 Chevrolet on Route 98 while in an intoxicated condition. In count two, she is accused of DWI, per se, as a Class E felony, for the same crime while having a BAC of .08 percent.

Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

Kyle R. Shea is indicted for the crime of criminal sexual act in the first degree, a Class B violent felony. It is alleged that in June or July of 2015, at a residence on South Main Street in the City of Batavia, that Shea engaged in "anal sexual conduct with another person by forcible compulsion."

In count two, Shea is indicted for the crime of criminal sexual act in the third degree, a Class E felony. It is alleged in count two that, in the same time frame and place, Shea engaged in anal sexual conduct with another person without the person's consent, where such lack of consent was by reason of some factor other than incapacity to consent.

In count three, the defendant is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three, in the same time frame and place, that Shea subjected another person to sexual contact by forcible compulsion.

Antoine T. Clark (AKA "Mike") is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 29 in the Town of Batavia that Clark knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, Clark is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony. It is alleged that on June 29 in the Town of Batavia that the defendant knowingly and unlawfully sold a narcotic drug, cocaine.

Christopher T. Walker Jr. is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 4 in the Town of Darien that Walker -- with knowledge that it was forged and with intent to defraud, deceive or injure another -- possessed a forged instrument, a counterfeit $20 dollar bill. In counts two through 10, Walker is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on the same date he possessed nine more counterfeit $20 dollar bills (a total of 10).

Chase J. Francis-Whipset is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 4 in the Town of Le Roy the defendant knowlingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, the defendant is accused of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on the same date he knowingly and unlawfully possessed a controlled substance, cocaine, which weighed 500 milligrams or more. In count three, Francis-Whipset is indicted for the crime of aggravated unlicensed operation in the second degree, an unclassified misdemeanor, for allegedly operating a motor vehicle in the Town of Le Roy while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and at the time of operation he had in effect three or more suspension imposed on at least three separate dates for failure to answer, appear or pay a fine.

Daniel J. Gilbert is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Gilbert knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Gilbert is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Gilbert or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marquis K. Saddler is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Saddler knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Saddler is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Saddler or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marlek E. Holmes is accused of the crime of criminal contempt in the second degree, a Class A misdemeanor. It is alleged that on June 23 at the Genesee County Courts Facility Holmes intentionally disobeyed or resisted the lawful process or other mandate of a court by violating an order of protection issued by Batavia City Court on Dec. 2, 2015. Holmes allegedly violated the portion of the order which directed him to refrain from communication or any other contact ny mail, telephone, email, voice-mail or other electronic, or any other, means with the protected person. In addition, he is alleged to have violated that portion of the order of protection which directed him to refrain from harassment or any other criminal offense against the protected party.

Tammy L. Strassner-Noble is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on June 18 in the Town of Le Roy, that Strassner-Noble operated a 2012 Cadillac on Main Street while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn. It is further alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Strassner-Noble is accused of the crime of first-degree aggravated unlicensed operation on Main Street in the Town of Le Roy on April 6 and of operating the vehicle while under the influence of alcohol or a drug. In count three, she is accused of driving while intoxicated, as a misdemeanor, on June 18 on Main Street in Le Roy.

James D. Pontillo is indicted on four counts of falsifying business records, 1st, and one count of grand larceny, 4th. Pontillo is accused of filing false business records with Pathstone related to Section 8 housing by filing a false information sheet, a request for tenancy approval, owner responsibility form and lead paint disclosure form. In the course of these filings, he's accused of defrauding the agency of more than $1,000.

Michael J. Jarmuz II, is indicted on a count of driving while impaired by drugs or alcohol, aggravated unlicensed operation, criminal impersonation, 2nd, four counts of forgery, 2nd, forgery, 3rd, and two counts of offering a false instrument for filing. Jamuz is accused of driving while under the influence in the Town of Elba on Aug. 13. He was allegedly driving while his privilege was suspended. He allegedly provided a false identity when stopped and provided a false identity when submitting to a blood sample, a fingerprint record and a patient record at UMMC.

Misty Dawn Souza, AKA Misty Dawn Smith, is indicted for the crime attemped second-degree robbery, a Class D violent felony. She is accused of going into the Smoke Rings Smoke Shop, located at 449 Shanks Road, in the Town of Alabama, on May 20 with the intent of forcibly stealing property, engaging in conduct which "tended to effect the commission of such crime," while aided by another person who was present. In count two, she is accused of the same and in the comission of the crime or the flight from it, causing physical injury to a person who was not a participant in the crime. In count three, she is accused of the same, while displaying what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. In count four, she is accused of second-degree assault, a Class D violent felony, for intending to cause physical injury to another person, causing such injury to such person or to a third person by means of a dangerous instrument. In count five, she is accused of the same crime as in count four, and in the course of and futherance of the commission or attempted commission of a felony or the immediate flight thereafter causing phsical injury to a person other than one of the participants.

Patrick D. Neaverth is indicted for the crime of second-degree burglary, a Class C violent felony. He is accused of knowingly entering or remaining unlawfully in a house on Kingsbury Avenue in the City of Batavia on Aug. 13 with the intent to commit a crime therein. (In July, he was indicted for the same crime at the same location, which occurred in March.)

Marlek E. Holmes, a convicted sex offender, is indicted for the crime of failure to register a change of address, a Class D felony. Holmes is accused of moving to 9 Gibson St. in the Town of Oakfield in March and failing to register his change of address with the NYS Division of Criminal Justice Services within 10 days as required by law. In Special Information filed in the indictment by District Attorney Lawrence Friedman, Holmes is accused of previously having been convicted of: (1) failing to report a change of address, a Class E felony, and (2) as a Level 3/Sexual Predator, failing to verify his address every 90 days, also a Class E felony, as required by law. The convictions were handed down on Dec. 5, 2011, in Genesee County Court.