Ov Murphy has been indicted for the crime of burglary 2nd, a class C violent felony. On April 10, 2020, Murphy allegedly knowingly entered a building unlawfully on Highland Park, in the City of Batavia, with the intent to commit a crime.
In count two, Murphy is accused of burglary 2nd, a class C violent felony, while using or threatening to use a dangerous instrument, a knife, on the same date and at the same location in the above count.
In count three, Murphy is accused of attempted assault 2nd, a class E felony, for intentionally causing physical injury to a person by means of a dangerous instrument, a knife, in the commission of a crime on the same date and at the same location mentioned in the first count.
In count four, Murphy is accused of menacing 2nd, a class A misdemeanor, for intentionally placing or attempting to place another person in reasonable fear of physical injury by displaying a knife on the same date and at the same location mentioned in the first count.
In count five, Murphy is accused of criminal possession of a weapon 3rd, a class D felony, for possessing a dangerous knife with the intent to use it unlawfully against another person on the same date and at the same location mentioned in the first count.
Murphy is accused of previously having been convicted of the crimes of sex offender failed to report change of address/status within 10 days, a class A misdemeanor, on May 3, 2007 in Batavia City Court, criminal contempt 2nd, a class A misdemeanor, on March 31, 2006 and a third count of criminal contempt 2nd on March 6, 2007 in Batavia City Court, attempted rape 3rd, a class A misdemeanor, on July 23, 1998 in Batavia City Court, and DWI, as a misdemeanor, on Oct. 2, 2003 in Batavia Town Court. The convictions form the basis of count five in the current indictment.
Kevin M. Waleski Jr. has been indicted and accused of burglary 2nd, a class C violent felony. On June 26, 2020, Waleski allegedly knowingly unlawfully entered a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime.
In counts two and three, Waleski Jr. is accused of criminal mischief 4th, a class A misdemeanor, for allegedly intentionally damaging the property of another person, stairway spindles, a door frame and a lock on the same date and at the same location as mentioned in count one.
In count four, he is accused of resisting arrest, a class A misdemeanor, after allegedly attempting to prevent a police officer from arresting him or another person on the same date and at the same location as mentioned in count one.
In count five, he is accused of obstructing governmental administration 2nd, a class A misdemeanor, for allegedly intentionally obstructing a public servant from performing an official function by means of intimidation, physical force, or interference by means of any unlawful act.
Eric J. McGill has been indicted and is accused of criminal possession of a weapon 3rd, a class D felony. On September 2nd, on Hutchins Place in the City of Batavia, McGill allegedly possessed a billy, an expandable baton.
McGill is accused of previously having been convicted of attempted making a terroristic threat, a class E felony, on Nov. 10, 2008 in Orleans County Court, menacing 3rd, a class B misdemeanor, on Sept. 7, 2017 in Town of Shelby Court, and attempted petit larceny, a class B misdemeanor, on June 13, 2018, in Town of Albion Court. The convictions form the basis for the current indictment.
Nicholas C. Doell has been indicted and is accused of the crime of burglary 3rd, a class D felony. Sometime between September 1st and 2nd, 2020, Doell knowingly and unlawfully entered a garage on Lippold Road in the Town of Darien with the intent to commit a crime.
In count two, Doell is accused of the crime of unauthorized use of a motor vehicle, a class D felony, after allegedly taking a 1957 Ford Thunderbird, knowing that he did not have the consent of the owner, with the intent of using it in the commission of a class A, B,C or D felony on the same above date and location as in count one.
In count three, he is accused of aggravated family offense, a class E felony, for allegedly committing the crime of criminal contempt 2nd against a family or household member, in violation of a valid stay away family offense order of protection issued on August 31, 2020 in Darien Town Court on September 1, 2020.
In count four, Doell is accused of a second count aggravated family offense, after allegedly committing the crime of criminal contempt 2nd on September 1, 2020 against a person who was a member of the same family or household, by intentionally disobeying a mandate of the court, a valid stay away family offense order of protection issued by Darien Town Court on August 31, 2020.
Doell is accused of previously having been convicted of criminal contempt 2nd and criminal mischief 4th on Aug. 31, 2020 in Darien Town Court. Both crimes were committed against the same family or household and the convictions are within the last five years, and in violation of the time frame specified in NYS penal law.
Eric H. Hess has been indicted and accused of the crime of tampering with physical evidence, a class E felony. On February 25, 2020, in the Town of LeRoy, Hess allegedly tore open a bag of cocaine and dumped the contents in the backseat and on floor area of Genesee County Sheriff’s patrol car.
In count two, he is accused of criminal possession of a controlled substance 7th, a class A misdemeanor, after allegedly knowingly and unlawfully possessing a controlled substance, cocaine.
Donald Brown has been indicted and is accused of the crime of criminal possession of a controlled substance 3rd, a class B felony. On August 12, 2020, it is alleged that Brown knowingly and unlawfully possessed a narcotic drug, cocaine, with the intent to sell it in the City of Batavia.
In count two, Brown is accused of the same crime as in count one, but for allegedly also possessing fentanyl with intent to sell it on the same date as mentioned in count one in the City of Batavia.
In count three, he is accused of criminal possession of a controlled substance 4th, a class C felony, after knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug, cocaine , with an aggregate weight of one-eighth of an ounce or more.
In count four, Brown is accused of criminal possession of a controlled substance 7th, a class A misdemeanor. On August 12, 2020 in the City of Batavia, Brown knowingly and unlawfully possessed a controlled substance, suboxone.
In count five, he is accused of criminally using drug paraphernalia 2nd, a class A misdemeanor. On August 12, 2020, in the City of Batavia, Brown allegedly knowingly possessed gelatin capsules, glassine envelopes, vials, capsules or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drug or stimulant.
In count six, Brown is accused of criminal mischief 4th, a class A misdemeanor, after allegedly intentionally damaging another person’s property on August 12, 2020 in the City of Batavia.
Albert A. Ackerman has been indicted and is accused of the crime of criminal contempt 1st, a class E felony. On July 15, 2020, at the Quality Inn and Suites Hotel at 8250 Park Road in the Town of Batavia, Ackerman allegedly violated a stay away order of protection.
Ackerman is accused of having been previously convicted of criminal contempt 2nd, a class A misdemeanor, on October 31, 2019 in Livingston County Court. That conviction was within five years of the crime alleged in the current indictment.
Warren D. Post has been indicted and is accused of the crime of aggravated unlicensed operation 1st, a class E felony. On May 24, 2020 on Pearl street road in the Town of Batavia, Post allegedly drove a 2003 Chevrolet while holding a conditional license and while under the influence of alcohol or a drug.
In count two, he is accused of DWI, as a misdemeanor, on May 24, 2020 in the Town of Batavia on Pearl street road.
In count three, Post is accused of DWI per se, as a misdemeanor, for having a BAC of .08 percent or more on May 24, 2020 at the same location mentioned above.
In count four, he is accused of failure to keep right, a violation, in the same incident above.
Post is accused of having been previously convicted of DWAI/alcohol on June 18, 2018 in Coxsackie Town Court in Greene County. That conviction formed the basis for the issuance of the conditional license referred to in count one of the current indictment.
Deborah A. Schlonski has been indicted and is accused of the crime of aggravated unlicensed operation of a motor vehicle, a Class E felony. On March 16, 2020, Schlonski drove a 2005 Chevrolet on Griswold Road in the Town of LeRoy while knowing that her privilege to drive was revoked and while also allegedly under the influence of alcohol or a drug.
In count two, Schlonski is accused of DWAI/drugs, a class E felony, in the same incident mentioned in count one.
Schlonski is accused of previously having been convicted of DWI on March 14, 2019 in Town of Stafford. That conviction forms the basis for the revocation referred to in count one of the current indictment. The revocation was still in effect.
Kahel Suttles Jr. and Ericka K. McBride are each indicted and charged with the crime grand larceny 3rd, a class D felony. On February 23, 2020 in the Town of Batavia that they allegedly stole property valued in excess of $3,000 in merchandise from Target, $3,200.84.
In count two, they are each accused of conspiracy 5th, a class A misdemeanor, after allegedly agreeing to intentionally commit a felony with one or more persons on the above date and location.
In counts three and four, Suttles Jr. and McBride are accused of criminal possession of stolen property 5th, a class A misdemeanor, after allegedly knowingly possessing stolen property with intent to benefit themselves or a person other than the owner of the goods, clothing from Dick’s Sporting Goods, and miscellaneous items from Marshalls .
In count five, Suttles Jr. and McBride are each accused of possessing burglar tools, instrument or other articles adapted, designed or commonly used for committing the offense of forcible entry, a class A misdemeanor.
On the above date and location, they possessed tinfoil that they used to cover security tags to prevent sensors from being activated when merchandise was stolen from the stores.
In counts six and seven, they are accused of conspiracy 6th, a class B misdemeanor, after allegedly agreeing with one or more persons to steal property from Dick’s Sporting Goods and Marshalls.