State Street

There is report of smoke in the hallway of an apartment at 106 State St.

City fire responding.

UPDATE 10:58 p.m.: Burnt food. City fire back in service.

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A Batavia man is accused of entering the home of a friend on Washington Avenue and trying to steal booze, and when confronted, the man allegedly returned to the house with a shotgun.

Taken into custody early Sunday morning was Andrew J. Rock, 24, of 206 State St. Batavia.

Rock is charged with burglary, 2nd, criminal possession of a weapon, criminal criminal use of a firearm, 2nd, and menacing, 2nd.

According to Batavia police, Rock entered the home on Washington Avenue, took alcohol and then was confronted by the resident outside. The resident retrieved his property.

A short time later, a little before 1 a.m., Rock allegedly returned to the residence and knocked on the door and when the resident opened the door, Rock was standing on the porch holding a shotgun.

Rock fled the scene before police arrived and was arrested at his house soon afterward.

He was jailed without bail.

City crews were on State Street late this morning dealing with dirt and an old stump where a tree once stood.

The tree was among 30 dead or dying trees removed from around the city over the winter.

A Batavia resident was arrested on a drug-trafficking warrant following a traffic stop on Washington Avenue on Tuesday by members of the Local Drug Enforcement Task Force.

He is accused of selling cocaine in and around the City of Batavia.

Charged with four felonies in a sealed indictment is Jeffery A. Hewitt, 32, of State Street.

He is accused of selling drugs to an agent of the task force.

Hewitt is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Hewitt was jailed without bail pending arraignment in Genesee County Court.

A Rochester man is going to prison for two to four years for his part in a baseball-bat attack on three State Street residents on May 20.

Reginald Charles Sampson, 44, of 335 Flanders St., Rochester, entered a guilty plea to burglary, 3rd, and menacing, 2nd, charge July 21. He was originally charged with burglary, 2nd.

Attorney Fred Rarick told Judge Robert C. Noonan that Sampson was a candidate for a supervised probation release that would include substance abuse counseling, but Noonan said Sampson was already getting a good deal with the reduction in the burglary charge.

Sampson told Noonan, "I wish I could do everything different."

Sampson was part of a group of five individuals who busted into an apartment at 112 State St., Batavia, on May 20, swinging baseball bats. One person suffered serious, but  not life-threatening, injuries.

Batavia Police say no further arrests have been made, but the case is not closed.

A victim's statement included in Sampson's court file describes the May 20 attack.

The woman was sitting in her apartment with two men when they heard a commotion downstairs. Soon, somebody was banging at their front door. When one of her male companions opened the door, he was immediately hit by an individual swinging some object.

She described the attackers as five black males.

She recognized Sampson as someone who had punched her the night before.

"I know Reginald had a bat for sure," she said. "Reginald came over to me. I was laying on the couch. He was pointing his bat at me and he said, 'I told you, Shorty, we don't play.'"

When the other male got up and tried to leave, saying "I wasn't part of this," all five individuals started hitting him, according to the witness. She said one person picked up her crutch and hit him with it.

Batavia Police are responding to a report of a fight on State Street involving two men with knives.

UPDATE 10:12 a.m.: The fight was not in progress when the first police officer arrived. One subject is still in the area, the other is walking on Willow Street. An officer is with him now near the park.

For the second time tonight, a Batavia Police officer has been asked to respond to an address on State Street because somebody is ringing a door bell.

Officer: "Well, if she would just let her in since she lives there ... "

Dispatcher: "That was explained to her, but with a negative response."

Officer: "Roger. I'll head over there."

Latoya D. Jackson, 24, of 120 State St., Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration; Dashawn A. Butler, 30, of 4016 W. Main Street Road, Batavia, is charged with disorderly conduct. At 9:45 p.m., Monday, Batavia PD responded to a report of loud yelling on State Street. When police arrived on scene, they heard yelling coming from an apartment. Jackson and Butler then reportedly came out of the apartment and continued yelling and using profane and obscene language. There were reportedly children nearby. Jackson was jailed on $2,500 bail. Jackson has at least three prior disorderly conduct arrests.

Virginia L. Martinez, 24, and Amanda Andres-Lopez, 30, both of Dellinger Avenue, Batavia, are charged with petit larceny. Martinez and Andres-Lopez are accused of stealing undergarments and makeup from Kmart.

William Delose Hirsch, 23, of Buckman Road, Pavilion, is charged with criminal contempt, 2nd. Hirsch is accused of having verbal contact with a person he was ordered to stay away from while at the Stafford Carnival on June 18.

Wayne Marcel Diaz, 52, of Highway 50 Road, McClave, Colo., is charged with three counts of aggravated harassment, 2nd. Diaz is accused of making harassing phone calls to another person. He was jailed on $500 bail.

Robert Oliver Taft, 36, of W. Bergen Road, Le Roy, was picked up on a bench warrant for a prior DWI charge.

Bonnie Lynn Tracy, 43, of North Street, Attica, is charged with criminal contempt, 2nd. Tracy allegedly made a phone call to a person she was ordered not to contact.

Mitchell R. Freeman, 21, address not released, is charged with unlawful imprisonment, 2nd, and assault, 3rd. Freeman allegedly restrained another person and the victim suffered an injury during a domestic incident. Freeman was jailed on $3,000 bail.

Reginald Wilson, convicted for his role in a burglary on State Street in September, must make restitution of $1,400 Judge Robert C. Noonan ruled today.

Already sentenced to 15 years in prison, Wilson was escorted into Genesee County Court by state prison guards for his 2 p.m. restitution hearing.

The elderly lady who was sleeping in her bedroom at the time of the burglary testified that she had to have the locks changed on her house, her car and replace a number of missing items.

A state victims' fund paid her $195 to help some of the costs associated with the crime, and she received more than $500 from her insurance company, but she still out about $700.

Noonan ordered that Wilson begin paying restitution immediately from his inmate fund to the victim. When she is paid off, he is to pay the state's victim fund, followed by the insurance company.

If the sum isn't paid off by the time of his term is up, Wilson is to begin making $100 monthly payments 60 days after his release.

If the other defendants -- Joseph Dash and Dillon Brito -- are ordered to pay restitution, they will share the expense until the $1,400, plus a 5-percent fee, is paid off.

Batavia Police detective Todd Crossett is conducting interviews today, trying to determine who was involved in an aggressive attack on at least two people at 112 State St. last night.

One person was hospitalized with "significant" but non-life-threatening injuries, Crossett said. Another person was transported to the hospital for evaluation.

From five to six people entered 112 State St. with baseball bats, Crossett said, and the attack may be related to a fight -- possible retaliation -- the night before.

No arrests have been made.

The incident does not appear to be gang related, Crossett said.

Batavia detectives do not believe there is actual gang activity in the city. Any individuals in the city who appear to gang members -- from the colors they're wearing or sports paraphernalia they're wearing -- seem to be people from larger cities visiting friends and relatives in Batavia, but do not appear to be here to establish operations.

Law enforcement is responding to 112 State St., where reportedly five individuals with baseball bats and pipes entered the residence.

At least one person is on the floor requiring medical assistance.

The people with baseball bats and pipes may still be in the area.

One person was struck with a pipe and another person is having a seizure.

Mercy EMS is being dispatched, but the scene is not yet secure.

Now, they're reporting the victims are at 5 Lewis Place.

A third victim is now reported on Hutchins Place.

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One of the four men accused of breaking into a State Street residence last September while the elderly woman who lived there slept, was back in court today, but not on the alleged burglary charge.

Twenty-five-year-old Quentin L. Gibson faces a new charge of criminal mischief as well as two traffic citations.

While his three co-defendants in the State Street case have either pled guilty or were convicted of the crime, Gibson's case is still wending through the legal system.

While the case proceeds, Gibson has been out of jail under the supervision of Genesee Justice.

But Gibson appeared in City Court today to answer the new charges stemming from an alleged incident May 1 on Wood Street. Justice Robert Balbick adjourned the proceedings for a few minutes while Assistant District Attorney Robert Zickl consulted with Genesee Justice on Gibson's conduct since he's been out of jail.

After getting a report that Gibson has been doing well, and learning that Gibson has paid partial restitution on the alleged property damage that led to the criminal mischief charge, Zickl recommended that Gibson's release under supervision continue. Balbick agreed.

District Attorney Lawrence Friedman was in court for the Scott Doll jury selection and was not available for an update on Gibson's status in the State Street case.

Also in court today facing charges for the alleged May 1 incident on Wood Street was Thomas Culver, also facing a criminal mischief charge.

The Batavia Police department has not yet released information on the two criminal mischief arrests, so no further information on the alleged incident is available.

UPDATE: Gibson and Culver were arrested at 10:35 p.m., Saturday, for allegedly intentionally breaking the door of a friend.

Gibson resides at 27 Richmond Ave., and 31-year-old Culver's address is 13 Wood St.

Reginald Wilson was convicted April 1 of burglary and possession of stolen property following a jury trial. The other defendants in the case, Dillon Brito and Joseph Dash have both pled guilty to charges related to the State Street break-in.

In an unrelated case in City Court today: Summer Ogden, 31, appeared on an endangering the welfare of a child charge. She is in jail on $500 bail. The charge stems from an alleged April 30 incident wherein she broke a temporary, plastic window in a car while her child was in the car.

The child was not injured, according to Zickl. Ogden was arrested in March for allegedly assaulting and biting her boyfriend and also faces a DWI charge. Her case was adjourned until Thursday for review for possible referral to either mental health or drug court.

One of the group of men who admitted to breaking into a home on State Street in September is going prison for seven years.

Joseph D. Dash, 24, has an extensive criminal history going back to 2002, according to his defense attorney, Fred Rarick. As part of his plea agreement, Dash's participation in two other burglaries -- one on Maple Street and one on Pringle Avenue -- were not charged.

Rarick asked Noonan for a five-year sentence, saying that the sentence with a five-year supervised release would give Dash a chance to get his life back on track.

Noonan said that with Dash's prior violent felony conviction and the other two non-charged burglaries, the maximum sentence available to him was the appropriate option.

"You're lucky your attorney negotiated a good agreement so that all you’re charged with is a D felony, so the most I can impost is a seven-year sentence," Noonan said.

Dash and 18-year-old Dillon Brito admitted to their roles in the State Street burglary. Reginald M. Wilson, 37,was convicted by a jury last month. Brito was sentenced to three years in prison. Wilson is scheduled for sentencing on May 12.

A fourth suspect, Quentin L. Gibson, 25, still faces charges for his alleged participation in the State Street burglary.

The testimony of Dillon Brito, one of the men who admitted to taking part in a robbery on State Street, Batavia, in September, was the focus of closing arguments for both the defense and prosecution in the trial of Reginald M. Wilson.

Wilson is charged with burglary and possession of stolen property and faces a possible life sentence because of his prior felony convictions if the jury finds him guilty.

The jury began deliberations this morning.

In his summation, Defense Attorney Fares Rumi told jurors that Brito lacked credibility.

"He's a young criminal who took a deal to testify," Rumi said.

District Attorney Lawrence Friedman countered that Brito implicated Wilson when he was first arrested, long before the prosecution offered a plea agreement. Brito's testimony was credible, Friedman said, because his statements were consistent from the time of his arrest to his testimony and even under cross-examination.

"It's not like he tried to accuse Reginald Wilson to save his own skin," Friedman said. "How does implicating Reginald Wilson saves his own skin? Why would he implicate Reginal Wislon when it hasn't been shown he has a motivation to lie? I’m not saying people never lie, but people usually lie for a reason. What was the reason?"

Brito said Wilson asked him to act as a lookout during the break-in and that he saw Wilson enter the residence. Brito also testified that he was with Wilson and the other defendants, Quentin L. Gibson, 25; Joseph D. Dash, 24, when they were showing off the allegedly stolen items.

Wilson's possession of the car that was stolen from the State Street house was also a key part of the closing arguments.

Rumi asserted that the prosecution failed to prove that Wilson knew the car was stolen. He relied heavily on the fact that Wilson drove that car around Batavia the day after the burglary, even hanging out with it on State Street.

"Think about it, men and women of the jury, my client rode around all over Batavia all day," Rumi said. "He wouldn’t have done that if he knew it was stolen. He would have taken it out of town or he would have ditched it."

Friedman told jurors that Wilson obviously knew the car was stolen because he gave differing versions of how he came to possess the car. First he told Toni White that his girlfriend gave it to him. Later he told her it belonged to "Joey."  When he was picked up by police, he reportedly said it belonged to a friend.

Obviously, Friedman said, Wilson wasn't worried about being caught with the car. "He had his story ready," Friedman said.

The car not only proves, Friedman said, that he knowingly possessed stolen property, but it corroborates Brito's testimony that Wilson participated in the burglary.

Following the arguments, Judge Robert Noonan instructed the jury on its role in evaluating facts, what they heard in court and that it is not the juror's job to decide what the law should be. He further explained the law and the scope of the case.

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

Dispatcher: "You're going to love this one: At State Street and Washington, a couple pulled up to the intersection and stopped at the stop sign. A dog ran out and run under the car and now refuses to come out."

I'm not making this up.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Both men are being held without bail.

Photos: Wilson top, Brito bottom.