Dwayne Ivery, who has a 2014 civil rights lawsuit against the Rochester Police Department, was arrested in Hopewell and charged with falsifying business records after allegedly switching out expensive store merchandise into a cheaper box and paying the lesser amount at the register.
CANANDAIGUA — A man with an ongoing lawsuit against the City of Rochester Police Department claiming a civil rights violation has been charged with felony falsifying business records in Ontario County.
Dwayne Ivery, 57, who is charged with first-degree falsifying business records, appeared in front of Ontario County Court Judge Brian Dennis, who increased his bail from $2,500 to $10,000 for missing an earlier court appearance. Allegedly, Ivery dumped a filing cabinet out of its box at a Hopewell store and loaded it up with pricey ticketed items, paying the lesser amount at the register.
“I’m trying to open a restaurant.” said Ivery, as he requested a lower bail amount. “I had a few petit thefts when I was young and dumb.”
Assistant District Attorney Melanie Bailey requested the increased bail amount, citing a criminal history and additional criminal charges in Monroe County.
Ivery was unable to attend his previous Ontario County Court hearing because he was in custody in Monroe County on a second-degree assault in connection with a December incident. He posted bail on that matter as well.
In 2014, Ivery appeared at a press conference with his then attorney Charles Burkwit, and spoke of his ongoing lawsuit. According to court filings, Ivery has since requested new council and his 2014 lawsuit is still an open matter.
Ivery, who is being represented by Jennifer Kehoe from the Ontario County Public Defender's Office, posted the additional $7,500 for bail on Jan 4.