Eric J. McGill has been indicted for the crime of criminal possession of a weapon in the third degree, a class D felony. It is alleged in count one that on November 5, 2019 in the area of 34 Hutchins place in the City of Batavia, that McGill possessed a dangerous instrument, a bat, with intent to use it unlawfully against another person.
In count two, McGill is accused of menacing 2nd, a class A misdemeanor. McGill is alleged to have intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument, a bat, on the same above date.
In count three, McGill is accused of criminal possession of a weapon 3rd. It is alleged that on April 12, 2020, in the same above area, he possessed a billy, an expandable baton.
In count four, McGill is accused of criminal possession of a weapon 3rd, a class D felony, for allegedly possessing an electronic stun gun April 12, 2020 in the same area mentioned above.
In count five, he is accused of criminal possession of a weapon 3rd, a class D felony, for allegedly possessing a billy on May 2, 2020 in the same area mentioned above.
In count six, McGill is accused of criminal possession of a weapon 3rd, a class D felony, for allegedly possessing a billy in the same area on June 18, 2020.
In count seven, he is accused of criminal possession of a weapon 2nd, a class D felony, for allegedly possessing a billy on June 18, 2020 with intent to use it against another person.
In count eight, McGill is accused of criminal possession of a weapon 3rd, a class D felony, for allegedly possessing an electronic stun gun June 18, 2020 in the same area above.
In count nine, McGill is accused of criminal possession of a weapon 2nd, a class D felony, for allegedly possessing an electronic stun gun on June 18, 2020 in the same area mentioned above, with intent to use it against a person unlawfully.
The District Attorney accuses McGill of having been convicted of attempted making a terroristic threat, a class E felony, on November 10, 2008 in Orleans County Court. Also on Sept. 7, 2017, in Town of Shelby Court, of menacing 3rd, a class B misdemeanor, and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a class B misdemeanor. The convictions form the basis for counts one, three, four, five, six , seven, eight and nine of the current indictment.
Samantha G. Reff has been indicted for the crime of aggravated driving while ability impaired by drugs, a class E felony. It is alleged that on December 3, 2019 on Route 5 and Kelsey Road in the Town of Batavia, that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that a child age 15 or less was a passenger in her vehicle.
In count two, Reff is accused of aggravated driving while ability impaired by drugs, a class E felony, at the above date and location, while a second child age 15 or less was a passenger.
In count three, Reff is accused of endangering the welfare of a child, a class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17.
In count four, Reff is accused of endangering the welfare of a child, a class A misdemeanor, on the same above date and location, for a second child less than 17 that was involved.
In count five, Reff is accused of criminal possession of a controlled substance 7th, a class A misdemeanor, for allegedly knowingly and unlawfully possessing a controlled substance, buprenorphine and naloxone.
In count six, Reff is accused of criminal possession of a controlled substance 7th, a class A misdemeanor, for allegedly knowingly and unlawfully possessing a controlled substance, alprazolam.
Kyle A. Scheuerlein has been indicted for the crime of criminal obstruction of breathing or blood circulation, a class A misdemeanor. It is alleged that on March 8, 2020 in the City of Batavia, Scheuerlein impeded the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of that person,
In count two, he is accused of assault 2nd, a class D violent felony. It is alleged that on the date above, Scheuerlein intended to cause physical injury to a person, and that he caused such injury with a dust pan with a long handle.
In count three, he is accused of criminal possession of a weapon in the third degree, a class D felony. It is alleged in count three that on the date above, Scheuerlein possessed a dangerous instrument, a dust pan with long handle, with intent to use it unlawfully against another person.
The District Attorney accuses Scheuerlein of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill. of theft of stolen property with intent to deprive, a class A misdemeanor, on July 19, 2022, burglary, class 2 felony, on August 2, 2011, retail theft/possessing display merchandise, on June 25, 2013, possessing displayed merchandise, not exceeding $300 on February 10, 2012, unauthorized control with intent not exceeding $300 on August 2, 2011, theft/unauthorized control with intent between $500 and $10,000 on February 10, 2012, retail theft/possessed displaced merchandise not exceeding $300 on June 25, 2013, and consumption of alcohol/liquor by a person under 21 on February 17, 2012. These convictions form the basis for count three in the current indictment.
Stephen M. Esposito has been indicted for the crime of aggravated vehicular assault, a class C felony. It is alleged that on Feb. 7, 2020 on Route 98 in the Town of Batavia, that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab while his ability to do so was impaired by use of a drugs and that he operated the vehicle in a manner that caused serious physical injury to a person.
In count two, Esposito is accused of driving while ability impaired by drugs, a class E felony, for driving on the above date while his ability to do so was impaired by drugs.
The District Attorney accuses Esposito of being convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court. The conviction is within 10 years of crimes alleged in the current indictment.
Patrick O. Spikes has been indicted for the crime of burglary 2nd, a class C violent felony. It is alleged that on December 24, 2019, that Spikes knowingly entered or remained unlawfully in a building on Porter Avenue in the City of Batavia with intent to commit a crime.
In count two, he is accused of first-degree criminal contempt 1st, a class E felony. It is alleged in count two that on the above date, Spikes violated of an order of protection and that he acted with intent to harass, annoy, threaten or alarm the protected person, subjecting that person to physical contact.
In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a class A misdemeanor. It is alleged that on the date above, Spikes applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation of another person.
Edward C. Simmons has been indicted for the crime of burglary 2nd, a class C violent felony.
It is alleged that on September 16, 2019, that Simmons knowingly entered or remained unlawfully in a building on East Shelby road in the Town of Oakfield with intent to commit a crime.
John M. Tullar has been indicted for the crime of driving while intoxicated as a class E felony.
It is alleged that on March 3, 2020 in the Town of Bergen, that Tullar was operating a 2010 Ford on Route 33 while in an intoxicated condition.
In count two, Tullar is accused of DWI, per se, as a class E felony, on the above date, for allegedly having a BAC of .08 percent or more.
The District Attorney accuses Tullar of having been convicted of DWI, as a misdemeanor, on November. 23, 2010 in the Town of Ogden Court in Monroe County. The conviction was within 10 years of the crimes alleged in the current indictment.
Laura Vazquez Coronado has been indicted for the crime of driving while intoxicated as a class D felony. It is alleged that on May 13, 2020 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was in an intoxicated condition.
In count two, Coronado is accused of DWI, per se, as a class D felony, for allegedly having a BAC of .08 percent or more.
In count three, Coronado is accused of aggravated unlicensed operation of a motor vehicle 1st, a class E felony, for allegedly knowing that her driver’s license was suspended or revoked and driving while allegedly under the influence of alcohol or a drug.
The District Attorney accuses Coronado of having been convicted twice of DWI, as a misdemeanor, on July 25, 2018 and November 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.
Derrick R. Kio has been indicted for the crime of criminal contempt 1st, a class E felony. It is alleged that on February 21, 2020 in the Village of Le Roy, that Kio intentionally disobeyed or resisted a stay away order of protection.
In count two, he is accused of aggravated unlicensed operation 2nd, an unclassified misdemeanor. It is alleged in count two that on the above date, Kio operated a vehicle in the Village of Le Roy while his driver’s license was suspended or revoked. It is also alleged that at the time, he had three or more suspensions on three separate dates for failure to answer, appear or pay a fine.
The District Attorney accuses Kio of having been convicted of criminal contempt, 2nd a class A misdemeanor. The conviction was within five years of the crime alleged in the current indictment.