batavia

A cardboard box fire was reported at Koolatron, 4330 Commerce Drive, Batavia, shortly after 7 p.m.

Town of Batavia Fire was dispatched.

Multiple employees reported boxes on fire and a dispatcher could hear the building's alarm sounding in the background.

The building was evacuated. The sprinklers were activated.

Elba Fire dispatched mutual aid.

City Fire asked to cover Town of Batavia calls, if any.

UPDATE 8:20 p.m.: Stafford and East Pembroke asked to have crews standby in quarters.

Eric Motquin

 

Eric R. Motquin, 40, of Batavia, is charged with criminal possession of a controlled substance with intent to sell, tampering with physical evidence, and obstruction of governmental administration. Motquin was arrested following a traffic stop on Dec. 3 at 3:55 p.m. on Ellicott Street, Batavia. Motquin is accused of struggling with officers and attempting to destroy narcotics. He was arraigned in City Court and ordered held on $1 bail. Motquin was also arrested on a warrant for alleged failure to appear on an unrelated matter.

Tyshon L. Taylor, 25, is charged with attempted assault 3rd. Taylor is accused of an attempted assault on Oct. 13 at 11:39 on Oak Street, Batavia. Taylor, who is being held without bail on an attempted murder charge, was ordered held on minimum bail on this charge.

Jarrod K. Fotiathis, 27, no permanent address, is charged with grand larceny 4th, petit larceny, and conspiracy. Fotiathis and another person, unidentified in by police, are accused of stealing property on Nov. 16 at 4:09 a.m. at a location on Oak Street, Batavia. Fotiathis was issued an appearance ticket.

Alicia M Lyons, 43, of Batavia, is charged with trespass. Lyons is accused of trespassing at a location on Jackson Street, Batavia on Dec. 6 at 4:22 p.m. She was released on an appearance ticket.

Harry R. Silliman, 58, no permanent address, is charged with trespass. Silliman was charged following a report of a disturbance on Maple Street, Batavia, on Dec. 6 at 11:42 p.m.  He was issued an appearance ticket.

Robyn D. Scott, 65, Batavia, is charged with disorderly conduct. Scott was charged following a complaint on Dec. 6 at 7:46 a.m. of 'unreasonable noise' in the form of alarms causing an ongoing annoyance at a location on Walnut Street, Batavia. Scott was issued an appearance ticket.

Jean N. Pettit, 58, Batavia, is charged with DWI and consumption of alcohol in a motor vehicle. Pettit reportedly drove her vehicle on Dec. 5 at 6:01 p.m. and stopped at a residence on Vine Street, Batavia, and asked for assistance. A Batavia patrol officer responded and conducted a field sobriety test. Pettit was processed at Batavia PD headquarters and released on appearance tickets.

Parker Reid Davis, 29, of East Main Street, Le Roy, is charged with criminal possession of a controlled substance 7th. Davis is accused of possession of a controlled substance during a probation home visit. He was processed at the Genesee County Jail and released on an appearance ticket.

Andrew Anthony Crimes, 50, of West Main Street Road, Batavia, is charged with two counts of criminal contempt 1st. On Dec. 8 at 10:49 p.m., Crimes reportedly entered Batavia Downs in violation of an order of protection. He is also accused of sending 111 text messages from Jan. 24 to Nov. 19 to a person in violation of an order of protection. He was arraigned in Town of Batavia Court and released.

Benito Anthony Gay, 34, of Batavia, is charged with petit larceny, falsifying business records 2nd, criminal use of an access device 2nd, and unlawful possession of personal identification 3rd. Gay is accused of using another inmate's personal ID number to make phone calls.

Willie Albert Sabb, Jr., 48, of State Street, Batavia, is charged with criminal possession of a controlled substance 7th. Sabb was allegedly found in possession of cocaine during a traffic stop on Dec. 9 at 10:26 p.m. on Clinton Street Road, Stafford, by Deputy Zachary Hoy.

Michael David McCracken, 42, of Aberdeen Street, Rochester, is charged with felony DWI, aggravated unlicensed operation 1st, and failure to signal. McCracken was stopped on Dec. 10 at 1:26 a.m. on Telephone Road, Pavilion, by Sgt. Mathew Clor.

Jeanna M. Hattaway, 35, of Batavia, is charged with petit larceny. Hattaway is accused of stealing in the Town of Batavia on Dec. 6 at 4:19 p.m.. She was arrested by State Police and released on an appearance ticket.  No further information released.

Carl E. Webber, 42, of Rochester, is charged with grand larceny 3rd. Webber was arrested by State Police in connection with a theft reported on July 14 at 5:37 p.m. in the Town of Batavia. He was released on an appearance ticket.

Our Main Street in Batavia was decorated with festive lights, and shoppers lined the street. Walking down the street on a Friday night, you could visit with your friends and neighbors as you listened to Christmas music from CL Carr's outdoor speakers. Everything you needed for Christmas shopping you could buy on Main Street.  CL Carr's Department Store, JJ Newberry, WT Grant, Scott and Bean, and Alexander were some of my favorite stores.

After a day of shopping, you would go home where your house might smell of a freshly cut Christmas tree, or in our case, our living room had an aluminum tree. It was lit by a motorized magic color wheel that played Silent Night. The gifts were all nestled under the tree, waiting for Christmas morning. The homemade felt stockings mom had made hung from the fireplace mantle.  

We always had our manger set up, and we remember having our picture taken kneeling next to the figures. Then, we all gathered in the living room on Christmas morning to take turns opening our one special gift. 

Of course, we knew there would be that famous monopoly game later in the day.

Our next event was attending Christmas Mass and listening to the Christmas hymns from the organ loft. As we entered the pew, I remember my father separating me from my brother Tony for obvious reasons.  

After Mass, we would go home and wait for Grandma to arrive from Le Roy with our  25-pound turkey and her homemade pies. It was such a simple time.  At night we went for a ride in the family station wagon to look at the Christmas lights and always stopped at, as we called it, the Blind School to see the miniature Christmas Village. During Christmas vacation, we went sledding down state street hill, hoping to miss the one tree at the foot of the hill.

We would go skating at Macarthur Park on the tennis courts. We had snow from Thanksgiving until St. Patrick's Day, and we never saw grass until then.

Over the years, our Christmases have changed.  We all were blessed with children, and our parent's living room was filled with grandchildren. The grandchildren are grown up, some have moved away, and there are definite changes in our Christmases. We have lost the matriarch and patriarch of our family. Christmases will never be the same, but we will always have those cherished memories of sitting in our parent's living room with our aluminum tree, the manger, and mom and dad smiling at their six children and grandchildren.

As a footnote
Besides the memories of the 60s, the reality of living in the 60s can be seen in many ways. In 1960 you could buy a new house for $12,675. The average income was $5,199 rent was $98.   You could buy a gallon of gas for $.25. Back then, we never knew there would be the technology of texting a message; in the 60s, you mailed a letter, and a postage stamp cost four cents. And if you were lucky enough to have a Ford Mustang, it would've cost you $2,368. And you can't forget that $.25 burger!

Merry Christmas, Happy Holidays, and Happy New Year 2022-2023

Press release:

Resurrection and Ascension Roman Catholic Parishes had a joint Confirmation Commitment Mass today at 11:30 at St Joseph’s Church for our shared Confirmation candidates, to be confirmed this spring.  Parents and sponsors attended and participated as well.

Prior to Mass, families and students gathered as part of our joint Faith Formation program.

Submitted photos.

Batavia opened up the basketball season on the road against Greece Odyssey and doubled their opponent's score 76-38.

Sawyer Siverling scored 19 points, hitting five three-point shots. Ja'vin McFollins scored 17 points and three a tres of threes. Aiden Bellavia scored 11 points, Carter McFollins, 9 points and Justin Smith, 8 points.

Batavia held Odyssey to 12 points in the first half and maintained a 20-plus point lead from the second quarter to the final buzzer.

Batavia plays Eastridge at home, next Friday at 7:15 p.m.

Photos by Steve Ognibene

To view or purchase photos, click here.

Armani, with Batavia police officer Connor Borchert and his mother Ashley Ayala, was among 30 children selected this year to "Shop with a Cop" at Walmart for Christmas.

The children each had $150 to spend on presents for themselves or for others.  The toy aisles were the most popular part of the store.

Photos by Howard Owens.

Armani and Ashley.

Ivy with Investigator Eric Hill.

Angelique with Batavia PD Assistant Chief Chris Camp

Deputy Jeremy McClellan with a nine-month-old on his first Christmas shopping trip to Walmart (mother asked that we not identify the child).

Deputy Jeremiah Gechell shops with Keaghen and his father, Chad Broskin of Brockport.

Deputy Kyle Tower joins Gechell, Chad, and Keaghen.

Press release:

This week, the Cannabis Association of New York (CANY) attended a special, behind-the-scenes tour of Empire Hemp Co.’s manufacturing facility with Chris Vandusen, CEO, and Shelly Wolanske, COO. 

CANY is the largest cannabis association in NY – with hundreds of members stretched across the supply chain from seed-to-sale and in every region of the state. They work to engage with the various communities of interest within the NY cannabis economy. Since their founding in 2019, they’ve helped draft multiple laws and countless regulations to build a cannabis industry that benefits small and midscale NYS businesses first.

As one of the first licensed cultivators and processors in the state, the team at Empire was thrilled to showcase their Adult-use THC line and all that goes into manufacturing and packaging these products with a strong focus on safety, compliance, and sustainability. One member noted, “The facility held much-advanced equipment, and we were very impressed with the cleanliness and documentation taken.”

Empire Hemp Co., located in Batavia been the go-to source for hemp-derived products for several years. With a strong devotion to all New York State-grown, pesticide-free hemp, their retail location on Main Street in Batavia quickly became the trusted source for Cannabidiol (CBD) tinctures, gummies, and their best-seller, “The Balm.” Luxury lotions and bath products - all infused with the therapeutic plant - line the walls of the boutique shop. 

Branching out into the THC world was a natural move for the company. Countless hours of research, paperwork, and manpower have gone into ensuring the entire process is handled in a legal and ethical manner. Flowers, pre-rolls, vape carts, and edibles will all be available to customers through legal, licensed dispensaries as they begin to open throughout the state. 

To learn more about Empire Hemp Co., visit EmpireHempCo.com or stop into their retail location at 204 East Main St. in Batavia.

Santa and Mrs. Claus dropped in at 150 State St., Batavia, on Friday evening to hear from all the good boys and girls hoping for the best presents ever under their Christmas trees this year.

Angelina Pellegrino will host Santa again on Saturday from 5 to 7 p.m.

She said there are 60 Christmas trees on her property this year.

Photo by Howard Owens.  With Santa, Prince and YeeYee Viera.

Country music recording artist Claudia Hoyser, pictured left above with WBTA's Nici "Noir" Johnson, was at Mr. Wine & Liquor in Batavia on Friday evening to promote her coffee-whiskey blend, Drunken Bean Whiskey, during a special event at the store that included tastings of a variety of wine and spirits.

WBTA was on site for a live broadcast during the event.

Hoyser released a music video three months ago that was partially filmed at farms in Genesee County.

Photos by Howard Owens

City Fire, WBTA, Ken Barrett Chevrolet and Cadillac, along with the Salvation Army, teamed up again for their annual toy drive to benefit families in Genesee County who may not have the financial means to meet all of their kids' Christmas dreams.

Photo: Ryan Whitcombe, Nathan Kinne, Nici Johnson, Ken Barrett, and Todd Rapp. Photo by Howard Owens

Richard Ellingham won the "People's Choice Award" at the opening reception on Thusday for the Batavia Society of Artists annual Winter Show at the Richmond Memorial Library.

The show runs through Dec. 28.

Photos by Howard Owens

The big advantage of the new location of Licata Chiropractic at 542 East Main St. in Batavia, said owner Sandra Licata, is that she owns the real estate.

After years of renting, Licata was able to purchase the property in early 2020, just before the pandemic started. She was able to do business but held off on a grand opening until this week when she hosted the Chamber of Commerce for a Business After Hours and a ribbon-cutting.

With ownership comes her own parking lot.

"Where I was renting (off Court Street), we had the city parking lot," Licata said. "You didn't always know what space you're gonna get and here we have15 parking spaces. There's enough for staff, for clients, for Mike Grasso, and for my patients."

Mike Grasso is the massage therapist Licata has been working with for 21 years, a unique partnership in the chiropractic practice.

"Usually, I hear from colleagues that those relationships don't last that long," Licata said. "Usually, there's kind of a rotating door."

Licata said she's excited to have her own place where she has more control over the building and the grounds.

"We've updated the landscaping this year," Licata said. "We've updated the parking lot to add more lighting. It's nice to have my own place to do those things."

Photo by Howard Owens

In the summer of 2018, retired school teacher David Reilly got inspired to write a story about growing up in Batavia, about going to the circus, and he sent it off to Billie Owens, then the editor of The Batavian, and asked if the online news site would be interested in publishing his little piece.

Captivated by the nostalgia, Owens thought it was just the sort of thing readers of The Batavian would enjoy, and she was right.

Reilly went on to write two dozen stories in his humous style about growing up in Batavia in the 1950s, 1960s and 1970s.  He's collected them in a book for friends and family but has also made the book available for $10 (his cost) at the Holland Land Office Museum.

"I want to compliment your wife, Billie, who read one of my articles and inspired me to keep writing," Reilly said during a visit with The Batavian on Thursday. "My mom always tried to convince me I was a good writer, and I didn't really believe it. But once I started publishing the stories, which you did for me, and with Billie's help with editing and encouraging, it just made all these memories from when I was a kid come out, and it was enjoyable for me to go back and remember all the fun and crazy and wild things I did when I was a kid in Batavia."

Reilly said he is planning a couple of more stories about his life in Batavia in the coming months that will be published in The Batavian.

Photo by Howard Owens.

Batavia city management is seeking approval to spend $5,400 for an appraiser to determine the value of several vacant properties within the City Centre.

As part of the 2017 agreement between the city and the Mall Merchants Association, the city has responsibility for the 46,000-square-foot mall concourse and related expenses and has foreclosed on several defunct properties, namely parcels 11, 11A, 17, 18, 19 and 20.

City Manager Rachael Tabelski, in response to an “influx of business owners looking to purchase or lease” these properties, wants to know the value for each in order to proceed with negotiations to sell or lease them, she said.

“To prepare these properties for lease or sale, I recommend that the city engages in the appraisal services of Rynne Murphy to determine the market value of the property," Tabelski said in a memo to the council. “I recommend that the City Council approve a budget amendment of $5,400 to use (video lottery terminal) funds for appraisal costs of city-owned parcels (2, 11, 17-20 Batavia City Centre).”

The request will be up for discussion during the council’s conference session set for 7 p.m. Monday at City Hall.

A total amount of $440,789 in VLT money was received by the city, and the $5,400 would come out of that, Tabelski said, and be put into a Community Development fund. Performing these appraisals and proceeding with potential sales and/or leases of vacant properties is part of a mall redevelopment strategy to “bring vibrancy to the mall,” she said.

According to Genesee County's online assessment records, parcel 2 is a hallway with an assessed value of $5,000; parcel 11, formerly Valle Jewelers several years ago, has a total assessed value of $124,000; and 17-20, known in the heyday of the mall as Gentleman Jim's, is assessed at $55,300.

Parcels 2, 35 and 39 have recently been rented by Batavia Players during the group's theater construction.

Other agenda items include a presentation from the Batavia Development Corporation and a request from the police department to spend $125,000 of reserves to purchase police vehicles by the end of this year.

City Chief Shawn Heubusch has asked, via a memo to Tabelski, to head off ongoing supply chain issues by securing the vehicle purchase in December 2022. Otherwise, the arrival of such needed police cars may not happen until early 2024 or later, he said.

“This obviously puts stress on the already aging fleet, escalates repair costs to those vehicles ordered after the city’s fiscal year begins in April 2023, he said.

Both items are expected to be moved for a vote during a business meeting to follow. Other matters up for vote are to schedule a public hearing for a Round 7 Restore NY grant application, to authorize engineering services for a Bank Street water system improvement project, and to appoint members to various city committees or boards.

There is time allotted for public comments during the conference session. Speakers may sign up prior to the meeting.

File Photo of a portion of the concourse in Batavia City Centre. The property on the left was formerly Gentleman Jim's, a diner that sat alongside the Palace of Sweets. Photo by Joanne Beck.

Press Release:

Dr. Tom Mazurkiewicz is sponsoring the Annual Toy Drive at his office, 184 Washington Ave. 

Patients are asked to bring a new, unwrapped toy to receive a complimentary adjustment during their next scheduled visit. This offer applies to new patients, as well. We are accepting donations through December 16, 2022. Limit of one complimentary visit per patient.

All donations will benefit the local families of the Genesee County region who may otherwise not be able to receive a gift this Holiday due to economic hardship.

Your generosity will provide a happier holiday for the families of these deserving children.

Toys will be distributed by pastors Marty and Ryan from City Church at the St Anthony’s campus on Dec. 20 from 6 to 8 p.m.

Photo: Tom Mazurkiewicz and Ryan Macdonald. Photo by Howard Owens.

Press Release:

Every year GO ART! holds its Annual Members’ Exhibit which features artwork of its members. This year, alongside the members’ exhibit, the organization will also host exhibitions which showcase the work of staff members. Opening receptions for the member and staff exhibits will be held Thursday, Dec. 15, from 5 to 8 p.m. at GO ART! located at 201 East Main St., Batavia.

“The Annual Members’ Exhibit is a wonderful opportunity to celebrate the talent of our members. I look forward to the exhibit and seeing our members’ work every year,” says Mary Jo Whitman, who coordinates GO ART!’s art exhibits. “I am very excited about the addition of the staff exhibits this year. I think that everyone who knows us, or at least has heard of GO ART!, knows we are passionate about the arts. We invest a lot of time and energy into providing programming, events, opportunities, and resources for artists and the community.

"Most people do not realize that we are all artists ourselves, however, as our artistic practices often take a back seat to the work that we do," Whitman said. "It is exciting to give the community a chance to see us in a different role. Pairing staff exhibits with the Annual Member’s Exhibits provides a great opportunity to showcase the talents of the organization as a whole.”

The Annual Members’ Exhibit will be on display in the Tompkins Bank of Castile Main Gallery December 14 - January 28. Pictures and Prose by Jodi Fisher, Program Coordinator, will be on display Dec. 1 - Feb. 18 in The Batavia Club Gallery.

Executive Director Gregory Hallock’s installation, My Journey, will be on display in The Batavia Rotary Club Gallery December 7 - December 23. Deconstructed and Raw, the works of Education and SCR Director, Mary Jo Whitman, will be on display in the Oliver’s Gallery December 1 - February 18.

For more information on GO ART!’s exhibits, contact Mary Jo Whitman at mjwhitman@goart.org.

Top Photo: Sugar Maple Canopy by Jodi Fisher; and above, The Disillusioned by Mary Jo Whitman. Submitted photos.

Lucas Hoisington was happy to be playing his cello during a concert Thursday at Batavia Middle School.

Unlike other concerts, though, this one was to commemorate the Ross Street school’s centennial birthday. That made the occasion even more special, the 13-year-old musician said.

“It’s pretty cool,” he said after the celebratory event.

Lucas, who is in seventh grade, was with his family, including his mom Meghan, who had also attended the city school district. A BHS graduate of 1998, with brothers Ethan and Jonathan, each who graduated in 1996 and 1991, respectively, the siblings would often reminisce their school days.

“I had a super positive experience growing up here and going to school here,” Meghan said. "We often compare our experiences, and my brothers are often sharing stories.”

They also contrast the differences between two dozen years ago and today, in the world that Lucas lives in.

“A lot has changed, in just being a young person today,” his mom said. “There was the pandemic … and just so many pressures they have that we didn’t. It was a cool experience to see Mr. Jakubowski again; he was a kind man.”

The event included introductions of current and former people of note, including former administrator John Jakubowski, BOCES Director of Instruction Jon Sanfrantello and Executive Principal Rachel Slobert, and school board members, including President John Marucci.

Members of the school’s orchestra, band and chorus performed seasonal favorites, with many students dressed in combinations of red, green, elf and Santa attire.

Middle school principals Nathan Korzelius and John-Martin Cannon had the distinct honor of rapping the bells — one on each side of the stage — at the end of a combined performance of “Carol of the Bells.”

“To celebrate this, we have worked collaboratively with the community to bring back to you our school bells that were originally used to call students to the school 150 years ago,” Korzelius said.

A large black bell had been located at a former “East” elementary school on East Main Street at the current location of Salvation Army, and the silver bell had been on Ross Street inside a section of the “old-old” high school, and is now the middle school gym and new addition, according to history buff and native Batavian Jim Owen.

It was Owen and a school custodian that apparently got the ball rolling to restore the bells. Put away in storage, those bells had gotten dusty and out of condition. And then a conversation between the custodian and Owen struck an idea to pull them out of storage and see them go back to good use.

“I couldn’t imagine it would be that dirty,” Owen said of the silver bell. “I was really surprised when I saw it.”

Owen, in turn, credits Superintendent Jason Smith for working to “get the job done,” however, it also took other administrators and members of Genesee Valley BOCES Auto Body classes — instructors and students — to restore the bells to a glimmering finish.

Owen had wanted to be at the celebratory bell-ringing but was unable to make it. He shared pieces of research that he discovered during the project, including how many smaller schools there were throughout various neighborhoods — from the East school to a West school on West Main Street, to Pringle and Lincoln schools, and the Washington school that now houses Reed Eye Associates.

In 1922 the construction of Batavia Middle School began, and it was used as a Junior and High School until the construction of the current high school on State Street was completed in 1961.

“Bringing these bells back to life was a collaborative effort. When I started here at Batavia Middle School a year and a half ago Jim Owen made me aware of their existence in our basement. He educated me on the significant history they represented to our Batavia community,” Korzelius said. “With the help and support of Mr. Smith, our Batavia Maintenance Department, and the BOCES Auto Body classes the process of restoring these historical bells became a reality. We couldn’t be happier with the way our Batavia Community rallied around the restoration.”

During Thursday’s celebration, Superintendent Jason Smith recognized the school for having such “a proud and rich history.”

“We’re proud to be celebrating the 100th anniversary of Batavia Middle School. The history of 96 Ross Street is the foundation of the Batavia City School District. Whether through the old Batavia High School building or the Middle School building we enjoy today, generations of Batavians, including myself, have passed through these halls,” Smith said. “Batavia Middle School is a jewel in our District, and we can’t wait to see what the next 100 years will bring.” 

He gave a nod to Kerry Boyle, a middle school maintenance worker, and to Owen, for their idea to resurrect the huge artifacts.

“As a fellow BHS alumni, Kerry was as equally as excited as I was. Coupled with some previous prodding by our good friend Mr. Owen, we undertook this project with our friends at BOCES to refurbish and display these wonderful bells,” Smith said.

Top Photo: BMS students Aubrey Sputore, Meg Gahagan, Jenna Higgins, Ryan Bigsby and Ty Gioia unveil one of the two restored bells to be placed in the school's auditorium; School Principal John-Martin Cannon does his part by striking the bell at the end of a musical performance for the centennial celebration; members of the school's band, strings and choral groups, led each by directors Sean Williams, Gwenaelle Chevillard and Melzie Case, entertain an audience of family members, friends and alumni. Photos by Joanne Beck.

It’s not unusual for a criminal defendant to believe he's innocent and can't possibly be proven guilty. And while most defense attorneys advocate aggressively on behalf of their clients, they don't always believe in their client's innocence.

Michael T. Dwan says he believed Kaleb J. Bobzien.

Bobzien, a resident of Bergen, was arrested in December and later indicted by a Genesee County Grand Jury of seven counts of rape in the third degree and criminal sexual act in the third degree.  In common parlance, he was accused of statutory rape.  At 23, he was accused of sexual intercourse with a 17-year-old girl. 

All of those felony charges were dropped based on arguments presented by Dwan, and on Wednesday, Bobzien entered a guilty plea to two misdemeanors – on an Alford basis, meaning he doesn’t admit to the factual assertions of the charges, just acknowledges the likelihood of conviction at trial  -- to a criminal contempt and to an obstruction breathing/blood circulation.

From the perspective of Assistant District Attorney Robert Zickl, based on an interview after Wednesday's court proceedings, he believes the girl who made the accusations, but there's a difference between believing an accusor and being able to sustain the charges in court.

If Bobzien had been convicted at trial on all of the charges in the indictment, he faced up to four years in state prison on each felony count and the prospect of being branded a registered sex offender for the rest of his life.

If Bobzien obeys all of the judge's orders -- basically, stay out of trouble -- between now and Feb. 1, he won't serve more than 364 days in the Genesee County Jail.

"I think that there's a strong argument to be made at sentencing that Kaleb has already suffered enough, considering that he was already incarcerated pursuant to these charges, and he and his family have had to go through great expense to get him to this resolution," Dwan said after Bobzien's appearance in County Court on Wednesday. "I think there are arguments to be made to the judge about why she should not incarcerate him whatsoever. That being said, it is her right to incarcerate him for up to one year, so long as he abides by the conditions."

Life lessons
At the end of Wednesday's hearing, Judge Melissa Lightcap Cianfrini wanted to make sure Bobzien understood a few things. First, his attorney worked hard and got him a very generous plea offer, so he should do everything he can between now and sentencing to preserve the sentence cap, which includes abiding by the order of protection currently in place, and understanding that when he is in her courtroom, he is to respect and obey the instructions of court personnel.

The implication was that Bobzien had failed to immediately stop using his mobile phone when instructed to do so prior to Wednesday's hearing.

During an interview with The Batavian, Bobzien said he will have no trouble following the instructions of the court.

It should be noted that Bobzien has multiple arrests going back to 2019.  The now 24-year-old young man said he was working on getting his life flying forward on a straight path when these accusations arose, but that the arrest and legal tangle have helped him grow up.

"Before all this happened, I was going to pilot school, I was training to be a pilot," Bobzien said. "I just feel like, it's not really fair that I was put in this situation. But I learned a lot from it. I learned a lot about myself. I know people are gonna judge me for this regardless, had I been guilty or not guilty, whatever it may be, I was going to be judged regardless. I'm just happy that it ended the way it did. I'm happy that everybody can move on from the situation now."

Bobzien, who was raised as the adopted son of a white couple in the Town of Bergen, said he doesn't believe this case will stand in the way of his ambition to become a pilot.

"My attorney wants me to go to law school. I want to go back to flying airplanes," Bobzien said. "I want to go back to pilot school. All I know is the future is really looking up from here for me. With how everything played out, I can do anything that I want to do. I just want to have a positive impact on the community and show my people in Batavia that just because you hit a bump in the road, it doesn't necessarily mean it's the end for you, good things can still happen."

Beating the felony charges
Dwan said his client avoided the felony charges related to the rape allegations both as a matter of law and the fact that Bobzien didn't do what he was accused of doing, that the prosecution wouldn't be able to overcome his client's alibi.

First, Dwan said he was able to show the prosecution that there were overlapping allegations that couldn't be differentiated from one another. As a matter of law, that's not permissible. 

"Prior to today, we had one count of statutory rape, and one count of criminal sex act as the highest possible charges remaining," Dwan said. "As it turned out, on the dates and times that the prosecutor believed that those acts occurred, my client was out of the country, and we were able to prove that, and so had this case gone to trial, I'm extremely confident that he would have been acquitted of all of the counts. Definitely, the serious counts, because none of them were true. ... The rest of them would have been unraveled through cross-examination."

Zickl said in deciding to reach the plea agreement Bobzien eventually accepted, he had to weigh the burden of proof he must meet to satisfy a judge and a jury.  He didn't think the evidence available to him was strong enough. 

"I don't think the girl is lying when she came forward," Zickl said. "Unfortunately, there are a lot of things that happened that we can't prove beyond a reasonable doubt." 

Even though Dwan believes the charges against his client were false allegations, Dwan said he had no argument with law enforcement nor the District Attorney's office for going forward with the case once a complaint was filed.

"It is understandable that law enforcement takes seriously accusations made by an underage woman alleging sex acts," Dwan said. "It's understandable that the District Attorney's Office takes them very seriously. However, through motion practice, and through communication with the District Attorney's Office, we were able to show the District Attorney's Office that it was not possible that Mr. Bobzien did what he was accused of doing.

"I have a ton of respect for Mr. Zickl and the District Attorney's Office because when they realized that the fact pattern that they believed in when they charged Mr. Bobzien with all these serious crimes was not true, they acted appropriately and they reduced the charges down to something that I think is reasonable in light of the facts and circumstances."

An Alford plea
Bobzien entered guilty pleas to misdemeanor counts of criminal contempt in the second degree, allegedly violating an order of protection and to obstruction of blood circulation or breathing.

Because Bobzien was entering his plea on an Alford basis, it was incumbent on Zickl to recite for the court the facts of each charge as the facts would be presented to a jury.

On the criminal contempt charge, Zickl said that after Bobzien had moved out of a shared residence with the protected party, where multiple other people shared a residence, he was told that some of his personal belongings were available for him to pick up on a porch as the house. On Oct 5, 2021, Bobzien retrieved his property, thereby being on the property where the protected party was located, was seen by the protected party, when no responsible adult had given Bobzien permission to be on the property at the time of the incident.

Dwan said he believes if the case had gone to trial, his client could have beaten that specific criminal contempt charge.  He and Zickl have different interpretations of the law on the matter.

"From the perspective of the District Attorney's Office, there was a change in circumstances allegedly that Kaleb had moved out of home, which may or may not have been true, actually. But because Kaleb allegedly moved out of the home, that negated the caveat (that allowed Bobzien to go to the home) in the order of protection.

"From my perspective, as an attorney, an order of protection can only be modified by the court that issued it. So a change in circumstances needs to be addressed in court. So I believe that that caveat would have held (allowing him to go to the house), and I don't think that Kaleb would have been convicted of violating the order of protection because I think that a jury would have said, 'No, the order says he's allowed to go there. And that's exactly what he did. And no judge ever told him to the contrary.'"

Zickl said he's comfortable with the criminal contempt allegation as charged.

"He wasn't living there anymore," Zickl said. "Looking at it through the prism of a 15-year-old girl feeling intimidated by somebody who abused her in the past, and then he shows up at her residence, and at that point in time, he didn't tell anybody he was coming out so they could have the victim out of the house, I don't have a problem with the criminal contempt charge. I don't know if he intended to mildly intimidate her, but that was the impact."

On the breathing/circulation charge, Zickl said he would have presented evidence to a jury that would have asserted that Bobzien and the alleged victim had gotten into an argument on June 24, 2021, and Bobzien had restricted the movement of her arms with his legs and put his hands around her neck and covered her face with a blanket.  Bobzien attempted, he said, to stop her breathing and blood circulation though she never lost consciousness.

Dwan said law enforcement did not have all of the facts of what really happened when they arrested Bobzien, hence the guilty plea on an Alford basis. 

"The facts, as they were alleged in the original indictment, were incorrect," Dwan said. "The incident that happened at the apartment that day was not factually reported to law enforcement. I think that Kaleb would have had a hard time if he had been forced to admit to the things that Mr. Zickl put on the record on our behalf today, so I asked the District Attorney's Office and the judge that Kaleb not be forced to say those words himself, because Kaleb is an honest guy, and he would have a hard time articulating that himself in court."

A young black man in the criminal justice system
So, if neither of these charges can be substantiated, why plead guilty?

"Because we walked into this with extraordinarily high risk," Dwan said. "Let's be real, Kaleb is a young black man who is facing sex allegations, so as an attorney, I begged Kaleb to accept the plea that was put before him, not because I don't think that we would have succeeded at trial, but because the risk of going to trial would have been extraordinary. As much as I would like to think that every jury is going to see things clearly and see things my way, I have learned the hard way that that is not always the case. And so Kaleb made a calculated decision to accept the criminal contempt and accept the obstruction of breathing charge."

Dwan said he advised Bobzien to accept a plea on an Alford basis as a matter of accepting reality in today's world.

"There's no doubt that, especially when it comes to sex crimes where the complainant is young and white and female, and the defendant is a 20-something black male, the statistics show that it's a problematic situation for that defendant," Dwan said. "Now, I have every confidence in the world that we would have been able to have a jury here in Genesee County that would have given Kaleb justice and would have seen the truth. However, as a parent, and as a friend of Kaleb and Kaleb's family -- I've known Kaleb's family for almost 10 years -- if Caleb were my son, I would have begged him to take the plea. And that's exactly what I did with Kaleb."

Staring down that reality, Bobzien said, is why he took the deal even though he doesn't believe he committed the crime.

"That was a big thing for me, and why I took the plea," he said. "I'm a young black man in this situation. I've read "To Kill a Mockingbird." I know how bad this could have ended for me, and I just took that off the table. It was a relief off my shoulders. It was a relief off my family's shoulders. And honestly, I wouldn't be here today without Mr. Dwan. I really owe it all to him."

Photo: Michael T. Dwan and Kaleb J. Bobzien outside County Court on Wednesday. Photo by Howard Owens.