GENESEE COUNTY/Indictments

A Genesee County Grand Jury has indicted Nicholas M. Maher, 37, of Oakfield and accusing him of the crime of murder second degree, a class A-1 felony, on or between October 14, 2021 and October 15, 2021 in the Town of Oakfield.

Maher is accused of causing the death of his father, 69 year old Martin D. Maher, after he was found dead in the Drake street home the father and son shared.

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Shawn D. Myers has been indicted and is accused of the crime of criminal sexual act first degree, a class B violent felony, after allegedly engaging in anal sexual conduct with another person by forcible compulsion on or about January 28, 2021 in the Town of Batavia.

In count 2, Myers is accused of the crime of sexual abuse third degree, a class B misdemeanor, after subjecting another person to sexual contact without their consent as they were incapable of consent because they were less than 17 years old. The incident occurred on or about January 28, 2021 at 4300 Veteran’s Memorial Drive in the Town of Batavia.

In count 3, Myers is accused of sexual misconduct, a class A misdemeanor, after engaging in anal sexual conduct with another person without that person’s consent as they were incapable because they were less than 17 years old . The incident occurred on the same date and location as in count 2.

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Michael L. Jackson Jr. has been indicted and is accused of the crime of burglary first degree, a class B violent felony, after knowingly entering and remaining unlawfully in a dwelling on June 13, 2021 in the City of Batavia. While in the dwelling, Jackson allegedly caused physical injury to a person not a participant in the crime.

In count 2, Jackson Jr. is accused of strangulation second degree, a class D violent felony, after allegedly applying pressure to the throat or neck of a person at the same location and date in count 1.

In count 3, he is accused of assault second degree, a class D violent felony, after causing physical injury to a person other than the participants in the crime at the same location and date in the above counts.

In count 4, Jackson Jr. is accused of unlawful imprisonment first degree, a class E felony, after allegedly restraining another person under circumstances which exposed the victim to risk of serious physical injury at the same location and date as the above counts.

In count 5, he is accused of assault third degree, a class A misdemeanor, with intent to cause physical injury to another person at the same location and date as the above counts.

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A Genesee County Grand Jury has indicted Jarrett C. Coniglio, accusing him of the crime of aggravated unlicensed operation first degree, a class E felony, after operating 2014 Chevy Suburban on Judge road in the Town of Alabama on May 7, 2021 knowing that his license or privilege to operate a motor vehicle was suspended or revoked and while Coniglio was allegedly under the influence of a drug or alcohol.

In count 2, Coniglio is accused of DWI, a class E felony, while operating the above vehicle on the same above location and date while allegedly in an intoxicated condition.

In count 3 and 4 Coniglio is accused of forgery second degree, a class D felony, after allegedly altering a written instrument which was to become public record required to be filed by law, allegedly signing a different name than his own on a Genesee County Sheriff’s Office DWI warning sheet in an attempt to conceal his true identity.

In count 5 he is accused of forgery second degree, after writing a false name on a Genesee County Sheriff’s Office fingerprint livescan system in an attempt to conceal his identity.

In count 6, Coniglio is accused of criminal impersonation after allegedly attempting to impersonate another person to not be held on an active arrest warrant.

Counts 5-7 occurred at the Genesee County Jail at 14 West Main street on the same above date as mentioned above.

Coniglio was previously convicted of DWI on October 1, 2018 in Niagara Town Court, and such conviction formed the basis for counts 1 and 2 of the indictment.

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Jason M. Fitzpatrick has been indicted and is accused of the crime of criminal possession of a weapon, third degree, a class D felony, after allegedly possession a dangerous instrument, a billy, with intent to use it unlawfully against another on May 24, 2021 on Fox road in the Town of Oakfield.

In count 2, he is accused of criminal mischief third, a class E felony, on the same above date in the Town of Oakfield, he damaged the property of another person in an amount exceeding $250, crops in a field.

In count 3, the indictment further accuses Fitzpatrick of the crime of obstruction of governmental administration second degree, on the same above date and location, after allegedly preventing a public official from performing an official function by means of intimidation, physical force or interference or by means of any independent unlawful act.

In count 4, he is accused of unlawful fleeing a police officer in a motor vehicle third degree, on the same above date and location, knowing that he had been directed to stop his motor vehicle by a uniformed police officer or marked police vehicle with their lights and siren activated. Fitzpatrick allegedly attempted to flee the officer, driving at speeds which equaled or exceeded 25mph above the speed limit.

Fitzpatrick was previously convicted of the crime of fleeing and eluding, a class E felony, on December 20, 2016 in County Court, City Court, County of Wayne, in the State of Michigan. This conviction forms the basis for count one in the current indictment.

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Alex S. Dumbleton has been indicted and is accused of aggravated family offense, a class E felony, after committing the crime of criminal contempt second degree against a person of the same family or household, on June 17, 2021, in the City of Batavia. Dumbleton intentionally disobeyed the lawful process or mandate of the court, a valid stay away family offense order of protection issued on March 23, 2021 in Genesee County Court.

In count 2, Dumbleton is accused of criminal contempt second degree, a class A misdemeanor, after intentionally disobeying a court mandate, violating an order of protection on the same above date and location .

In count 3, he is accused of criminal contempt second degree after violation and order of protection against a second person at the same location and date mentioned above.

Dumbleton was previously convicted of the crime of criminal contempt first degree on September 14, 2014, in Genesee County Court. The conviction took place within the five year time frame specified in penal law section 240.75(1)

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Melton J. Chisom has been indicted and is accused of the crime of criminal possession of a weapon third degree, a class D felony. On or about June 24, 2021, in the City of Batavia, Chisom possessed a dangerous instrument, a knife, with intent to use it against another.

In count 2, Chisom is accused of menacing second degree, a class A misdemeanor, for intentionally placing or attempting to place another person in fear of physical injury or death by displaying a knife, on the same above date and location.

In count 3, Chisom is further accused on assault second degree, a class D violent felony, after having intent to cause physical injury to another person, and causing such injury to a person by means of a dangerous instrument, a knife.

Chisom was previously convicted of the crime of attempted murder second degree, a class D felony, on April 5, 2011 in Livingston County Court. He has also been convicted of unauthorized use of a vehicle third degree, a class A misdemeanor on January 13, 2016. Said convictions form the basis of count one in this indictment.

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Aaron J. McFollins has been indicted and is accused of the crime of grand larceny 4th, a class E felony, after stealing a credit card belonging to someone else on July 27, 2021 in the City of Batavia.

In count 2, McFollins is accused of identity theft third degree, a class A misdemeanor, on July 29, 2021, in the City of Batavia. He knowingly and with intent to defraud, assumed the identity of another person by presenting himself as that person, to obtain good or services using the credit card in the name of the other person.

In count 3, McFollins is further accused of petit larceny, a class A misdemeanor, on June 27, 2021. He allegedly stole $80.00 in US currency from a stolen credit card on the same above date and location .

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Robert L. Williams has been indicted and is accused of the crime of driving while intoxicated, PER SE, as a class E felony, after allegedly operating a 2017 Hyundai on Hutchins street in the City of Batavia with a .08% or more BAC as shown by a chemical analysis of his breath on June 13, 2021.

In count 2, Williams is accused of DWI as class E felony on the same date and location mentioned above count.

In count 3, he is accused of aggravated unlicensed operation of a motor vehicle first degree. Williams knew or had reason to know that his license or privilege to operate a motor vehicle was suspended or revoked. Williams was allegedly operating under the influence of alcohol or a drug in violation of vehicle and traffic law 1192 on the same above date and location .

In count 4, the indictment further accuses Williams of the crime of circumvention of an interlock device in the same incident mentioned above. The 2017 Hyundai was not equipped with an ignition interlock device.

Williams was previously convicted of DWI as a misdemeanor on December 12, 2013 in Batavia City Court, which forms the basis for the suspension or revocation referred to in count 3 of the current indictment. Williams knew or had reason to know of the existence of the prior conviction and that his license or privilege of operating a motor vehicle was suspended or revoked as a result of said conviction as the suspension or revocation was still in effect.

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Justin P. Porter has been indicted and is accused of the crime of criminal possession of a controlled substance in the third degree, a class B felony, on or about April 11, 2021 in the town of Bergen and did knowingly and unlawfully possess a narcotic drug, cocaine, with intent to sell it.

In count 2, Porter is accused of conspiracy fourth degree, a class E felony, on the same above date and location in the above counts, constituting a class B or class C felony be performed, agreed with one or more persons to engage in or cause the performance of such conduct.

In count 3, Porter is further accused of tampering with physical evidence, a class E felony, believing that certain physical evidence was about to be produced or used in an official proceeding and intending to prevent such production or use, he suppressed it by an act of concealment, alteration or destruction or by employing force, intimidation or deception against any person. This occurred on the same date and location in the above counts.

In count 4, the indictment further accuses Porter of the crime of criminal possession of a controlled substance in the seventh degree, a class A misdemeanor, as Porter knowingly and unlawfully possessed a controlled substance, cocaine, in the same incident in the above counts.

In count 5, he is accused of false personation, a class B misdemeanor, on the same date and same location as in the above counts, as he knowingly misrepresented his actual name, date of birth or address to a police officer with intent to prevent such police officer from ascertaining such information after being informed of the consequences of such act.

In count 6, Porter is further accused of the crime of obstructing governmental administration in the second degree, a class A misdemeanor, on the same date and location as the above counts, as he intentionally obstructed, impaired or perverted the administration of law or other governmental function or prevented or attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference or by means of any independently unlawful act.

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