THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, OWEN C. SCOUTEN, of the crime of VEHICULAR ASSAULT IN THE SECOND DEGREE, a class E felony, contrary to Penal Law Section 120.03(1), in that he, the said, OWEN C. SCOUTEN, on or about the 20th day of August, 2023, in the Town of Batavia, County of Genesee, State of New York, did operate a motor
vehicle, to wit: a 2011 Chevrolet, on Lewiston Road, a public highway, while he was in an intoxicated condition in violation of Subdivision 3 of Section 1192 of the Vehicle and Traffic Law and, as a result of such intoxication operated such motor vehicle in a manner that caused serious physical injury to said —.
COUNT TWO:
AND, THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, OWEN C. SCOUTEN, of the crime of DRIVING WHILE INTOXICATED, PER SE, as an unclassified misdemeanor, contrary to Vehicle and Traffic Law Section 1192-2, in that he, the said OWEN C. SCOUTEN, on or about the 20th day of August, 2023, in the Town of Batavia, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2011 Chevrolet, on Lewiston Road, a public highway while he, OWEN C. SCOUTEN, had .08 of one per centum or more by weight of alcohol in his blood as shown by a chemical analysis of his blood made pursuant to the provisions of Section 1194 of the Vehicle and Traffic Law.
COUNT THREE:
AND, THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, OWEN C. SCOUTEN, of the crime of DRIVING WHILE INTOXICATED, as an unclassified misdemeanor, contrary to Vehicle and Traffic Law Section 1192-3, in that he, the said OWEN C. SCOUTEN, on or about the
20th day of August, 2023, in the Town of Batavia, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2011 Chevrolet, on Lewiston Road, a public highway, while he, OWEN C. SCOUTEN, was in an intoxicated condition.
COUNT: FOUR
AND, THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, OWEN C. SCOUTEN, of the crime of ENDANGERING THE WELFARE OF A CHILD, a class A misdemeanor, contrary to Penal Law Section 260.10(1), in that he, the said OWEN C. SCOUTEN, on or about the 20th day of
August, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old.
COUNT FIVE:
AND, THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, OWEN C. SCOUTEN, of the crime of UNLAWFUL DEALING WITH A CHILD IN THE FIRST DEGREE, a class A misdemeanor, contrary to Penal Law Section 260.20(2), in that he, the said OWEN C. SCOUTEN, in or about the 20th day of August, 2023, in the Town of Batavia, County of Genesee and State of
New York, he gave or sold or caused to be given or sold any alcoholic beverage, as defined by Section Three of the Alcoholic Beverage Control Law, to a person less than twenty-one years old.
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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, JARROD K. FOTIATHIS, of the crime of ESCAPE IN THE SECOND DEGREE, contrary to Penal Law Section 205.10(2), a class D felony, in that he, the said JARROD K. FOTIATHIS, on or about the 15th day of July, 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 having been charged with a class C, D or E felony, he escaped from custody.
COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment further accuses the Defendant, JARROD K. FOTIATHIS, of the crime of ATTEMPTED ESCAPE IN THE SECOND DEGREE, contrary to Penal Law Sections 110.00 and 205.10, a class A misdemeanor, in that he, the said JARROD K. FOTIATHIS, on a second occasion on or about the 15th day of July, 2023, while at the Genesee County Jail located at 14
West Main Street, in the City of Batavia, County of Genesee and State Of New York, having been arrested for or charged with a class E felony and with intent to commit the crime of Escape in the Second Degree, he engaged in conduct which tended to effect the commission of such crime by attempting to escape from custody.
COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment further accuses the Defendant, JARROD K. FOTIATHIS, of the crime of CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a class A misdemeanor, contrary to Penal Law Section 145.00(1), in that he, the said JARROD K. FOTIATHIS, on or about the 15th day of July, 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, having no right to do so nor any reasonable ground to believe that he had such right, intentionally damaged property of another person, to wit: a wall.
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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment,
accuses the defendant, TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE, contrary to Penal Law Section 265.03(3), a class C violent felony, in the Town of Batavia, County of Genesee, State of New York, in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, did knowingly possess a loaded firearm, to wit: an AR-15 firearm, outside of his home or business.
COUNT TWO;
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, contrary to Penal Law Section 265.02(7), a class D felony, in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, in the Town of Batavia, County of Genesee, State of New York, possessed an assault weapon, to wit: an AR-15 rifle bearing Serial Number ——-, said rifle being a semiautomatic rifle with an ability to accept a detachable magazine and equipped with a flash suppressor, muzzle break (sic) or
muzzle compensator, a folding or telescoping stock, and a pistol grip that extends conspicuously beneath the action of the weapon.
COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, contrary to Penal Law Section 265.02(8), a class D felony in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, in the Town of Batavia, County of Genesee, State of New York,
knowingly possessed a large capacity ammunition feeding device, to wit: an ammunition storing device (magazine) that has a capacity of more than ten rounds of ammunition.
COUNT FOUR:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, contrary to Penal Law Section 265.02(8), a class D felony in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly possessed a large capacity ammunition feeding device, to wit: a second ammunition storing device (magazine) that has a capacity of more than ten rounds of ammunition.
COUNT FIVE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, contrary to Penal Law Section 265.02(8), a class D felony in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly possessed a large capacity ammunition feeding device, to wit: a third ammunition storing device (magazine) that has a capacity of more than ten rounds of ammunition.
COUNT SIX:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, contrary to Penal Law Section 265.02(8), a class D felony in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly possessed a large capacity ammunition feeding device, to wit: a fourth ammunition storing device (magazine) that has a capacity of more than ten rounds of ammunition.
COUNT SEVEN:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant TERRY J. WICKHAM, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, contrary to Penal Law Section 265.02(8), a class D felony in that he, the said TERRY J. WICKHAM, on or about the 25th day of October, 2023, in the Town of Batavia, County of Genesee, State of New York, knowingly possessed a large capacity ammunition feeding device, to wit: a fifth ammunition storing device (magazine) that has a capacity of more than ten rounds of ammunition.
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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses
the defendant, NEKIA D. NEWTON, 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, NEKIA D. NEWTON, on or about the
27th day of September, 2023, in the City 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 TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the
Defendant, NEKIA D. NEWTON, of the crime of CRIMINAL POSSESSION OF A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE, contrary to Penal Law Section
220.16(12), a class B felony, in that he, the said NEKIA D. NEWTON, on or about
the 27th day Of September, 2023, In the City of Batavia, County of Genesee, State of
New York, knowingly and unlawfully possessed one or more preparations,
compounds, mixtures or substances containing a narcotic drug, to wit: Cocaine, and
said preparations, compounds, mixtures or substances were of an aggregate weight
of one-half ounce or more.
COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, NEKIA D. NEWTON, 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 NEKIA D. NEWTON, on or about the 28th day of June, 2023, In the City 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 FOUR:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, NEKIA D. NEWTON, of the crime of AGGRAVATED UNLICENSED OPERATION IN THE THIRD DEGREE, contrary to Vehicle and Traffic Law section 511-l(a), an unclassified misdemeanor, In that he, the said NEKIA D. NEWTON, on or about the 28th day of June, 2023, in the City of Batavia, County of Genesee,
State of New York, did operate a motor vehicle, to wit: a 2012 Ford, bearing New York State License Plate No. ——, on New York State Route 98, a public highway, while he, the said NEKIA D. NEWTON, knew or had reason to know that his license or his privilege of operating a motor vehicle in this state or his privilege of obtaining a license issued by the commissioner was suspended or revoked by the
Commissioner.
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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, LAVAR V. MCKNIGHT, of the crime of CRIMINAL CONTEMPT IN THE FIRST DEGREE, contrary to Penal Law Section 215.51(b)(v), a class E felony, in that he, the said LAVAR V. MCKNIGHT, on or about the 25th day of May, 2023, while at the Quality Inn & Suites located at 8250 Park Road, in the Town of Batavia, County
of Genesee, State of New York, in violation of a duly served Order of Protection, or such Order of which the Defendant had actual knowledge because he was present in Court when such Order was issued, or an order of protection issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, with intent to harass, annoy, threaten or alarm a person, for whose protection such
Order was issued, to wit: he struck, kicked, shoved or otherwise subjected —- to physical contact or attempted or threatened the same.