GENESEE COUNTY/Indictments

The Grand Jury of the County of Genesee, by this Indictment, accuses the defendant, Christopher S. Usselman, of the crime of Assault on a Police Officer, contrary to Penal Law Section 120.08, a class C violent felony, in that he, the said Christopher S. Usselman, on or about the 17th day of April 2023, in the Town of Batavia, County of Genesee, State of New York, with intent to prevent New York State Police, Trooper __________, a police officer, from performing a lawful duty, he caused serious physical injury to such police officer.
COUNT TWO:
And the Grand Jury aforesaid, by this Indictment, further accuses the said, Christopher S. Usselman, of the crime Obstructing Governmental Administration in the second degree, contrary to Penal Law Section 195.05, a class A misdemeanor, in that he, the said Christopher S. Usselman, on or about the 17th day Of April, 2023, in the Town of Batavia, County of Genesee, State of New York, 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.

COUNT THREE:
And the Grand Jury aforesaid, by this Indictment, further accuses the said, Christopher S. Usselman, of the crime of Resisting Arrest, contrary to Penal Law Section 205.30, a class A misdemeanor, in that he, the said Christopher S. Usselman, on or about 17th day of April 2023, in the Town of Batavia, County of Genesee, State of New York, intentionally prevented or attempted to prevent a police officer from effecting an authorized arrest of himself or another person.

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The Grand Jury of The County of Genesee, by this Indictment, accuses the defendant, Jason W. Whitehead, Jr., of the crime of Criminal Possession of a Controlled Substance in the fifth degree, contrary
to Penal Law Section 220.06(5), a class D felony, in that he, the said, Jason W. Whitehead, Jr., on or about the 1st day of December 2022, in the Town of Batavia, County of Genesee, State of New York, knowingly and unlawfully possessed a controlled substance, to wit: Cocaine, and said Cocaine weighed five hundred milligrams or more.
COUNT TWO:
And The Grand Jury aforesaid, by this Indictment, further accuses the defendant, Jason W. Whitehead, Jr., of the crime of Criminal Possession of a Controlled Substance in the third degree, contrary
to Penal Law Section 220.16(1), a class B felony, in that he, the said, Jason W. Whitehead, Jr., on or about the 1st day of December 2022, in the Town of Batavia, County of Genesee, State of New York, knowingly and unlawfully possessed a narcotic drug, to wit: Cocaine, with intent to sell it.

COUNT THREE:
And The Grand Jury aforesaid, by this Indictment, further accuses the defendant, Jason W. Whitehead, Jr., of the crime of Criminal Possession of a Weapon in the third degree, contrary to Penal Law
Section 265.02(1), a class D felony, in that he, the said Jason W. Whitehead, Jr., on or about the 1st day of December 2022, in the Town of Batavia, County of Genesee, State of New York, knowingly possessed a metal knuckle knife.

COUNT FOUR:
And The Grand Jury aforesaid, by this Indictment, further accuses the defendant, Jason W. Whitehead, Jr., of the crime of Criminal Possession of a Controlled Substance in the seventh degree, contrary to Penal Law Section 220.03, a class A misdemeanor, in that he, the said Jason W. Whitehead, Jr., on or about the 1st day of December 2022, in the Town of Batavia, County of Genesee, State of New York, knowingly and
unlawfully possessed a controlled substance, to wit: Amphetamine.

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The Grand Jury of The County of Genesee, by this Indictment, accuses the defendant, Cordero L. Royes, of the crime of Burglary in the second degree, contrary to Penal Law Section 140.25(2), a class C violent
felony, in that he, the said Cordero L. Royes, on or about the 8th day of February 2023, knowingly entered or remained unlawfully in a building at ____ Maple Street, in the City of Batavia, County of Genesee, State of New York, with intent to commit a crime therein and when such building was a dwelling.

COUNT TWO:
And The Grand Jury aforesaid, by this Indictment, further accuses the said, Cordero L. Royes, of the crime of Criminal Contempt in the second degree, contrary to Penal Law Section 215.50(3), a class A misdemeanor, in that he, the said Cordero L. Royes, on or about the 8th day of February, 2023, while at __ Maple Street, in the City of Batavia, County of Genesee, State of New York, intentionally disobeyed or resisted the lawful process or order of a court, to wit: an Order of Protection.

COUNT THREE:
And The Grand Jury aforesaid, by this Indictment, further accuses the said, Cordero L. Royes, of the crime of Driving While Intoxicated, contrary to Vehicle and Traffic Law Section 1192(3), as a misdemeanor, in that he, the said Cordero L. Royes, on or about the 31st day of December 2022, in the City of Batavia, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2014 KIA, bearing New York State License Plate No. ______, on Pringle Avenue, a public highway, while he, the said Cordero L. Royes, was in an intoxicated condition.

COUNT FOUR:
And The Grand Jury aforesaid, by this Indictment, further accuses the defendant, Cordero L. Royes, of the crime of Aggravated Unlicensed Operation in the first degree, in violation of Vehicle and Traffic Law
Section 511-3(a)(i) and (2)(a)(iii), a class E felony, in that he, the said Cordero L. Royes, on or about the 31st day of December 2022, in the City of Batavia, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2014 KIA, bearing New York State License Plate No. _______, on Pringle
Avenue, a public highway, while he, the said Cordero L. Royes, knew or had reason to know that his license or privilege of operating such motor vehicle in this State or his privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended pending prosecution on a charge of a violation of Section 1192 of the Vehicle and Traffic Law and that such suspension was still in effect and at the time of such operation the Defendant was operating such motor vehicle under the influence of alcohol or a drug in violation of Subdivision 1, 2, 2-a, 3, 4, 4-a or 5 of Section 1192 of the Vehicle
and Traffic Law.

COUNT FIVE:
And The Grand Jury aforesaid, by this Indictment, further accuses the defendant, Cordero L. Royes, of the crime of Promoting Prison Contraband in the first degree, a class D felony, contrary to Penal Law Section 205.25(2), in that he, the said Cordero L. Royes, on or about the 3rd day of January, 2023, while at the Genesee County Jail, located at 14 West Main Street, in the City of Batavia, County of Genesee, State of New York, being a person confined in a detention facility, knowingly and unlawfully made, obtained or possessed dangerous contraband, to wit: a lighter.

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The Grand Jury of the County of Genesee, by this Indictment, accuses the defendant, Leonard A. Johnson, III, of the crime of Criminal Possession of a Controlled Substance in the fifth degree, contrary to Penal Law Section 220.06(5), a class D felony, in that he, the said, Leonard A. Johnson, III, on or about the 13th day of January, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly and unlawfully possessed a controlled substance, to wit: Cocaine, and said Cocaine weighed five hundred milligrams or more.

COUNT TWO:
And The Grand Jury aforesaid, by this Indictment, further accuses the Defendant, Leonard A. Johnson, III, of the crime of Criminal Possession of a Controlled Substance in the third degree, contrary to Penal Law Section 220.16(1), a class B felony, in that he, the said, Leonard A. Johnson, III, on or about the 13th day of January, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly and unlawfully possessed a narcotic drug, to wit: Cocaine, with intent to sell it.

COUNT THREE:
And The Grand Jury aforesaid, by this Indictment, further accuses the defendant, Leonard A. Johnson, 111, of the crime of Tampering with Physical Evidence, contrary to Penal Law Section 215.40(2), a class E felony, in that he, the said, Leonard A. Johnson, Ill, on or about the 13th day of January, 2023, in the Town of Batavia, County of Genesee, State of New York, believing that certain evidence was about to be produced or used in an official proceeding or a prospective official proceeding and intending to prevent such production or use, suppressed it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person, to wit: while in police custody, the defendant concealed illegal narcotics in the seat of Patrol Vehicle 30.

The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is
presumed innocent until and unless proven guilty.