GENESEE COUNTY/Indictments

COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, MICHAEL J. ELMORE, of the crime of AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE, a class B violent felony, contrary to Penal Law Section 125.22(1), committed on or about March 10, 2024, in the
City and/or Town of Batavia, in the County of Genesee:
At said time and place, MICHAEL J, ELMORE, with intent to cause serious physical injury to a police officer where such officer was in the course of performing his official duties, and the defendant knew or reasonably should have known that such victim was a police officer, he caused the death of a
Genesee County Sheriff’s Office Sgt.
COUNT TWO:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, MICHAEL J. ELMORE, of the crime of AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE, a class C violent felony, contrary to Penal Law Section 125.11, committed on or about March 10, 2024, in the City and/or
Town of Batavia, in the County of Genesee:

At said time and place, MICHAEL J. ELMORE, with criminal negligence, caused the death of a Genesee County Sheriff’s Office Sgt., a police officer where such officer was in the course of performing his official
duties and the defendant knew or reasonably should have known that such victim was a police officer.
COUNT THREE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, MICHAEL J. ELMORE, of the crime of ASSAULT IN THE FIRST DEGREE, a class B violent felony, contrary to Penal Law Section 120.10(4), committed on or about March 10, 2024, in the City and/or Town of
Batavia, in the County of Genesee:
At said time and place, in the course of and in furtherance of the commission or attempted commission of Burglary in the Second Degree or of immediate flight therefrom, MICHAEL J. ELMORE, caused serious physical injury to a Genesee County Sheriff’s Office Sgt., a person other than one of the participants.

COUNT FOUR:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, MICHAEL J. ELMORE, of the crime of BURGLARY IN THE SECOND DEGREE, a class C violent felony, contrary to Penal Law Section 140.25(1)(c), committed on or about March 10, 2024, in the City and/or Town
of Batavia, in the County of Genesee:

COVNT FIVE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendants, MICHAEL J. ELMORE AND LYNDSEY J. WILCOX, of the crime of BURGLARY IN THE SECOND DEGREE, a class C violent felony, contrary to Penal Law Section committed on or about March 10, 2024, in
the City and/or Town of Batavia, in the County of Genesee:

At said time and place, MICHAEL J. ELMORE AND LYNDSEY j. WILCOX, knowingly entered or remained unlawfully in a building, with the intent to commit a crime and when MICHAEL J. ELMORE AND LYNDSEY j. WILCOX, in effecting entry or while in the building or in immediate flight therefrom, caused
physical injury to a person who is not a participant in the crime.

COUNT SIX:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendants, MICHAEL J. ELMORE AND LYNDSEY J. WILCOX, of the crime of ASSAULT IN THE SECOND DEGREE, a class D violent felony, contrary to Penal Law Section 120.05(3), committed on or about March 10t 2024, in the
City and/or Town of Batavia, in the County of Genesee:

At said time and place, MICHAEL J. ELMORE AND LYNDSEY J. WILCOX, with intent to prevent a Genesee County Sheriff’s Office Sgt., a police officer, from performing a lawful duty, she or he to causes physical
injury to such police officer.

COUNT SEVEN:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendants, MICHAEL J. ELMORE AND LYNDSEY J. WILCOX, of the crime of OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, a class A misdemeanor, contrary to Penal Law Section 195.05, committed on or about March 10, 2024, in the City and/or Town of Batavia, in the County of Genesee:

At said time and place, MICHAEL J. ELMORE AND LYNDSEY J. WILCOX, 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 EIGHT:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, LYNDSEY J. WILCOX, of the crime of RESISTING ARREST, a class A misdemeanor, contrary to Penal Law section 205.30,
committed on or about March 10, 2024, in the City and/or Town of Batavia, in the County of Genesee:

At said time and place, LYNDSEY J. WILCOX, intentionally prevented or attempted to prevent a police officer, a Genesee County Sheriff’s Office Sgt., from effecting an authorized arrest of herself or another person.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, DANIEL J. HOUSE, of the crime of CRIMINAL CONTEMPT IN THE FIRST DEGREE, a class E felony, contrary to Penal Law Section 215.51 (b) (v), committed on or about January 23, 2024, in the Town of Batavia, in the County of Genesee.
At said time and place, DANIEL J. HOUSE, 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, he struck, kicked, shoved or otherwise subjected another
person, —-to physical contact or attempted or threatened the same.

COUNT TWO:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, DANIEL J. HOUSE, of the offense of HARASSMENT IN THE SECOND DEGREE, a violation, contrary to Penal Law Section 240.26 (1), committed on or about January 23, 2024, in the Town of Batavia, in the County of Genesee:
At said time and place, DANIEL J. HOUSE, with intent to harass, annoy or alarm another person, he struck,
or otherwise subjected such other person, to wit:—-, to physical contact or attempted or threatened to do the same.

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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, ISAAC C. KING, of the crime of BAIL JUMPING IN THE SECOND DEGREE, a class E felony, in violation of Penal Law Section 215.56, in that, on or about the 4th day of December, 2023, the said ISAAC C. KING, having by Court order, been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he would subsequently appear personally in the Genesee County Court in and for the County of Genesee, State of New York, in connection with a charge against him of committing a felony, did not appear personally on the required date or voluntarily within thirty days thereafter.

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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the defendant, MICHAEL J. DIFALCO, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, a class D felony, contrary to penal Law section 265.02(1), in that he, the said MICHAEL J. DIFALCO, on or about the 21st day of December, 2023, in the City of Batavia, County of Genesee, State of New York, possessed a dangerous instrument and has previously been convicted of a crime.
COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, MICHAEL J. DIFALCO, of the crime of MENACING IN THE SECOND DEGREE, contrary to Penal Law Section 120.14(1), a class A misdemeanor, in that he, the said MICHAEL J. DIFALCO, on or about the 21st day of December, 2023, in the City of Batavia, County of Genesee, State of New York, intentionally placed or attempted
to place another person, James DiFalco, in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument.

SPECIAL INFORMATION:

KEVIN T. FINNELL, District Attorney of Genesee County, hereby accuses MICHAEL J. DIFALCO, of having been convicted of the crime of AGGRAVATED DRIVING WHILE INTOXICATED, as a class E felony, contrary to Vehicle and Traffic Law Sections 1192-2a(b) and 1193-1(c)(i)(B), on or about the 27th day of
September 2019, in the County Court, County of Wyoming, State of New York and said conviction forms the basis for Count One of the Indictment filed herewith.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, TANISHA N. GIBSON, of the offense of CRIMINAL MISCHIEF IN THE SECOND DEGREE, a class D felony, contrary to Penal Law Section 145.10, committed on or about January 8, 2024, in the Town of Batavia, in the County of Genesee:
At said time and place, TANISHA N. GIBSON, having no right to do so nor any reasonable ground to believe that she had such right, intentionally damaged property belonging to another person
in an amount exceeding one thousand five hundred dollars.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, ADRIAN L. SHEPPARD, of the offense of BAIL JUMPING IN THE SECOND DEGREE, a class E felony, contrary to Penal Law Section 215 . 56, committed on or about November 9, 2023, in the City of Batavia, in the County of Genesee:
At said time and place, ADRIAN L. SHEPPARD, having by Court order, been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he would subsequently appear personally in the Batavia City Court, in the County of Genesee, State of New York, in connection with a charge (s) against him of committing a felony, to wit: Criminal Possession of Stolen Property in the Fourth Degree and Criminal Possession of a Forged Instrument in the Second Degree, did not appear personally on the required date voluntarily within thirty ays thereafter.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, LASHAY IA S. BUSSEY, of the offense of GRAND LARCENY IN THE FOURTH DEGREE, a class E felony, contrary to Penal Law section 155.30 (1), committed on or about September 14, 2022, in the Town of Batavia, County of Genesee:
At said time and place, LASHAY IA S. BUSSEY, did steal property having a value exceeding one thousand dollars.

COUNT TWO:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, LASHAY IA S. BUSSEY, of the offense of CONSPIRACY IN THE FIFTH DEGREE, a class A misdemeanor, contrary to Penal Law Section 105.05 (I), committed on or about September 14, 2022, in the Town of Batavia, County of Genesee:
At said time and place, LASHAY IA S. BUSSEY, with intent that conduct constituting a felony be performed, agreed with one or more persons to engage in or cause the performance of such conduct.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, SHAMEEK T. TAYLOR, of the offense of CRIMINAL CONTEMPT IN THE FIRST DEGREE, a class E felony, contrary to Penal Law Section 215.51 (c), committed on or about February 24, 2024, in the Town of Batavia, in the County of
Genesee:
At said time and place, SHAMEEK T. TAYLOR, under the circumstances set forth in the special information, in violation of an order of protection issued by the Hon. Robert Matt ice, on December 9, 2023, of which SHAMEEK T. TAYLOR had actual knowledge because he was present in court when such order was issued,
intentionally disobeyed or resisted that order by violating that part of the order which required him to stay away from —–.

COUNT TWO:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, SHAMEEK T. TAYLOR, of the offense of BURGLARY IN THE SECOND DEGREE a class C felony, contrary to Penal Law Section 140.25 committed on or about February 24, 2024, in the Town of Batavia, in the County of Genesee:
At said time and place, SHAMEEK T. TAYLOR, knowingly entered or remained unlawfully in a building which is a dwelling, in the Town of Batavia, in the County of Genesee, with intent to commit
a crime therein.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, EVAN J. VANSKIVER, of the crime of BAIL JUMPING IN THE SECOND DEGREE, a class E felony, contrary to Penal Law Section 215.56, committed on or about March 7, 2023, in the City of Batavia, in the County of Genesee:
At said time and place, EVAN J. VANSKIVER, having by Court order, been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he would subsequently appear personally in the Batavia City Court, in the County of Genesee, State of New York, in connection with a charge(s) against him of committing a felony, to wit: Grand Larceny in the
Fourth Degree, did not appear personally on the required date or voluntarily within
thirty days thereafter.

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COUNT ONE:
The Grand Jury of Genesee County, by this count in this Indictment, accuses the defendant, JACOB W. PATTERSON, of the crime of PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE, a class D felony, contrary to Penal Law Section 205.25 committed on or about February 6, 2024, in the City of Batavia, in the County of Genesee:
At said time and place, JACOB W. PATTERSON, knowingly and unlawfully introduced dangerous contraband, consisting of two (2) glass pipes, into the detention facility known as Genesee County Jail.

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THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, JAMES A. WILLIAMS, of the crime of DRIVING WHILE INTOXICATED, a class D felony, contrary to Vehicle and Traffic Law Sections 1192-3 and in that he, the said JAMES A. WILLIAMS, on or about the 24th day of September, 2023, in the Town of Stafford, County of Genesee and State of New York, did operate a motor vehicle, to wit: a 2008 Hyundai, bearing Ohio State License Plate No. ——, on New York State Route 33, a
public highway, while he, the said JAMES A. WILLIAMS, was in an intoxicated condition.

COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, JAMES A. WILLIAMS, of the crime of AGGRAVATED UNLICENSED OPERATION IN THE FIRST DEGREE, contrary to Vehicle and Traffic Law section 511-3(a)(i), a class E felony, in the Town of Stafford, County of Genesee and
State of New York, in that he, the said JAMES A. WILLIAMS, on or about the 24th day of September, 2023, did operate a motor vehicle upon a public highway, to wit: a 2008 Hyundai, bearing Ohio State License Plate No. ——-, on New York State Route 33, while he, JAMES A. WILLIAMS, knew or had reason to know
that his license or privilege to operate such motor vehicle in this State or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner and while he, JAMES A. WILLIAMS, was operating said motor
vehicle while intoxicated in violation of subdivision 2 or 3 of Vehicle and Traffic Law Section 1192.

COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, JAMES A. WILLIAMS, of the crime of CIRCUMVENTION OF AN INTERLOCK DEVICE, contrary to Vehicle and Traffic Law Section 1198-9(d), a class A misdemeanor, in that he, the said JAMES A. WILLIAMS, on or about the
24th day of September, 2023, in the Town of Stafford, County of Genesee and State of New York, while subject to a court ordered ignition interlock device, did operate a motor vehicle, to wit: a 2008 Hyundai, bearing Ohio State License Plate No. ——-, on New York State Route 33, a public highway, which was
not equipped with an ignition interlock device.

COUNT FOUR:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, JAMES A. WILLIAMS, of the crime of OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, contrary to Penal Law Section 195.05, a class A misdemeanor, in that he, the said JAMES A. WILLIAMS, on or about the 24th day of September, 2023, in the Town of Stafford, County of Genesee and 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.

SPECIAL INFORMATION:

KEVIN T. FINNELL, District Attorney of Genesee County, hereby accuses JAMES A. WILLIAMS, of having been convicted of DRIVING WHILE INTOXICATED, AS A MISDEMEANOR, contrary to Vehicle and Traffic Law Section 1192(3), on or about the 27th day of March, 2019, in City Court, City of Rochester, County of
Monroe, State of New York and DRIVING WHILE INTOXICATED, AS A MISDEMEANOR, contrary to Vehicle and Traffic Law Section 1192(3), on or about the 28th day of June, 2023, in the County Court, County of Monroe, State of New York and such convictions form the basis for the suspension or revocation referred
to in Count Two of Indictment filed herewith, and, at the time when he committed the crimes alleged in the Indictment herein, he the said JAMES A. WILLIAMS knew or had reason to know: (1) of the existence of the aforesaid prior convictions, (2) 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 as a result of said convictions and (3) that such suspension or revocation was still in effect.