One thing is certain, Benjamin W. Muntz is going to prison. For how long is an unanswered question after Judge Robert C. Noonan decided he needs to know whether the District Attorney's Office will indict Muntz on any new charges.

The DA is considering whether to charge Muntz with bail jumping.

More than a year ago, Muntz failed to appear for his sentencing on Class D felony convictions of burglary, 3rd, and grand larceny, 3rd.

The 24-year-old Oakfield resident is suspected of fleeing the state to avoid getting sentenced and while he was away he amassed a longer criminal record.

In October, he was arrested in Fayetteville, Ark., and charged with burglary, theft of property, breaking or entering and fraudulent use of a credit/debit card.

Muntz received a prison sentence in Arkansas and was released last week and turned over to the Sheriff's Office.

During his time away, Muntz was suspected of plotting with another man in Fayetteville to rob a farm in Genesee County. He is also reportedly wanted in Georgia for alleged crimes there.

With his failure to appear for sentencing March 27, 2012, Muntz appears to have blown a deal to receive concurrent sentences on the two felony convictions.

Assistant District Attorney Melissa Cianfrini said that even before he left the state, Muntz was suspected of violating the terms of his release under supervision by drinking and using drugs.

Muntz is married with two children.

"When you look at his pre-sentence investigation and read his mother's letter, you see that his offenses are fueled by abuse of drugs and his own greed," Cianfrini said. "He has repeatedly shown that he would rather go down the path of criminal activity rather than being responsible for his own family. He was only given a release under supervision because his wife was pregnant."

Defense Attorney Thomas Burns raised the issue of Muntz facing a possible charge of bail jumping, which could lead to a mandatory concurrent sentence with his other charges.

That possibility prohibited Burns, he said, from him discussing in court the circumstances of Muntz fleeing the state.

Noonan asked Cianfrini if the people intend to file such a charge, and Cianfrini said the matter is still under investigation and hasn't been decided.

The law would allow Noonan to consider "mitigating circumstances" and not impose consecutive sentences.

"It's hard to imagine under what set of facts exist that might be mitigating circumstances, but I don't want to prejudge the case," Noonan said. "He's going to state prison. It's just costing us money to house him here. I have an inkling I'll impose a sentence on one felony count today while we make a decision about what to do."

Noonan sentenced Muntz to three and a half to seven years in state prison on the burglary, 3rd, conviction and warned Muntz that he may yet face concurrent sentences on both the grand larceny conviction and the possible bail jumping charge, if convicted.

Muntz will appear in County Court again at 1:30 p.m., June 4, to learn the rest of his fate.

"You certainly don't know what it means to be a father," Noonan said. "The conduct you have engaged in over and over again, and the irresponsible behavior that is so evident not only in your PSI, but in your departure from the state, when you were told what would happen to you if you did, is astonishing. If you loved your children, you wouldn't have engaged in criminal conduct in the first place, but you certainly wouldn't have engaged in the conduct that sent you out of state."

If Maurice G. Leach wants to get out of the Genesee County Jail anytime soon, he'll need to come up with $15,000 cash bail or $150,000 bond, Judge Robert C. Noonan ruled today.

Leach is facing a felony DWI charge, but his criminal background along with prior probation and parole violations had Noonan siding with District Attorney's Office rather than Leach's defense attorney, who asked for $5,000 bail.

Noonan said he would have set the bail higher if the DA's office had requested it.

"The prosecutor is nicer to you than I would be," Noonan said.

Leach was arrested last week for allegedly driving drunk on Route 33 in Stafford.

In January, the 36-year-old Leach, a resident of State Street, was allegedly involved in an altercation with police after officers arrived to investigate a report of a woman being hit.

He's also facing petit larceny charges in Rochester.

Leach's attorney requested the bail hearing before Noonan today because with Leach's prior felony, Town of Batavia Court was unable to set any amount of bail.

Press release:

City of Batavia Water crews will be making a repair to a water main, Tuesday, on Washington Avenue near Porter Avenue. This will result in Washington Avenue being closed between Porter and Jefferson beginning at approximately 8:30 a.m. until the work is completed.

This work may result in water service being interrupted along Washington Avenue between State Street and Dellinger Avenue. It may also result in temporarily discolored water in the immediate area; residents should avoid doing laundry or other activities which may be impacted by discolored water. Crews will make every attempt to keep disruptions to a minimum.

UPDATE Tuesday, 11 a.m.: Repair work has been completed. Washington Avenue will reopen by Noon.

A male was in the roadway at Jackson and Main streets after being struck by a vehicle. He's now up and walking. Mercy medics and city fire are on scene. The driver fled eastbound in a dark blue or tan Ford Explorer, and he is said to be white with dark hair and wearing sweatshirt. Police are looking for the vehicle now.

UPDATE 2:07 p.m.: Police are out with a vehicle matching that description at T.F. Brown's.

UPDATE 2:08 p.m.: Police are clear of that vehicle, and still looking for the Explorer. Now the driver is said to have "darker skin" and curly hair.

UPDATE 2:11 p.m.: Fire and medics are back in service.

Residents of 400 Towers celebrated the opening of a new library today. The old library was in a smaller room. Now in a bigger room, there's more space for residents with walkers and wheelchairs to move around, plus more titles can be added. The library carries fiction and nonfiction, DVDs and VHS tapes.

Pictured are Thomas Baines, executive director of 400 Towers, Cathy Plaisted, SAGE coordinator for the Richmond Memorial Library, and Pat King, 400 Towers librarian.

The titles in the library's permanent collection are all donated. Plaisted brings a cart of new titles over from Richmond every couple of weeks to supplement the permanent collection. She praised King for keeping the 400 Towers library well organized, better than libraries available to seniors in many other locations.

Mark Smith sees a business opportunity in Batavia: To provide local residents with a garbage service that includes totes.

Smith is owner of Nu Way, an Arcade-based company that already has residential and commercial clients in Genesee County.

When Smith learned none of the companies that will start offering trash service in the City of Batavia will offer totes, Smith thought, "I can do that."

Starting June 1, when the Genesee ARC contract expires, the local trash market becomes open to competition.

The tote is optional. Nu Way will also offer bag pick-up.

The price for bag service is $22 month for five 30-gallon bags a week. The tote price is the $22 basic fee plus $4.50 a month. The service includes one bulk item per week.

Totes are 90 gallons, but a smaller tote can be requested.

Totes are also available for recyclables.

To contact Nu Way, call (585) 492-5880.

A female found a ferret in her flower shop at 118 Drake St. in Oakfield and called the Emergency Dispatch Center asking for someone to come and catch it. She was told they have no equipment with which to fetch the ferret, but an animal control officer is responding.

UPDATE 11:43 a.m.: The officer on scene says "The ferret was reunited with his family -- a nearby neighbor."

For those who tune in regularly to the hit cable television show "Duck Dynasty," Phil Robertson is easily recognizable as the patriarch of a bearded clan of Louisiana woodsmen, including his sons, Jase, Willie, Jep and zany Uncle Si. 

Robertson paid a visit to Western New York last Saturday night for an event sponsored by the Bow Bending Believers, a group of Christian archers based in Medina with a number of Genesee County residents among its ranks. Bow Bending Believers is a branch of the Christian Bowhunters of America. As a large turnout was expected, Ridgeway Baptist Church provided the use of its sanctuary for the evening and upwards of 800 people came to hear Phil Robertson's message.     

During the meet-and-greet segment of the evening (that's Josh Harloff, of Oakfield, with Phil Robertson) two large screens on either side of the stage displayed videos of the Duck Dynasty clan doing what they do best -- hunting ducks amid the flooded timber of Louisiana's bayou. The video repeatedly depicted Phil, Jase, Willie and Si Robertson hunkered down and scanning the sky, then working the duck calls which made Duck Commander a hot commodity. Not surprisingly, large numbers of mallards, pintails and wood ducks began rapidly winging into range. Suffice to say, it was easy to see why the Robertson family often dines on duck gumbo.   

A powerful and dynamic speaker, Phil Robertson shared his testimony, including playing football at Louisiana Tech where he was the starting quarterback in the mid-'60s. During one game, after having thrown a long touchdown pass, he thought to himself, "Yeah, this is fun, but I'd rather be hunting ducks." He quit shortly thereafter and his understudy, a fellow named Terry Bradshaw, took over. In his autobiography, "It's Only a Game," Bradshaw said "The quarterback playing ahead of me, Phil Robertson, loved hunting more than he loved football. He'd come to practice directly from the woods, squirrel tails hanging out of his pockets, duck feathers on his clothes. Clearly he was a fine shot so no one complained too much."

Alan Robertson, on the right in photo above, is Phil's oldest son and the only clean-shaven of his siblings. He's an ordained minister in West Monroe, La., and before introducing his father on this evening, he told the audience how his parents bumped into Bradshaw at the Los Angeles airport. The two former teammates hadn't seen each other for 44 years but that didn't stop Bradshaw from giving his former mentor a big bear hug. Bradshaw then went on to tell his old pal of all the injuries he had sustained during his playing career, to which Phil replied, "I do believe I made the right career decision." His family owned company, Duck Commander game calls, recently celebrated its 40th anniversary.         

Once out of football and pursuing the outdoor activities he loved, life wasn't without its rough patches for Phil Robertson and his young wife. He and Kay married in 1966 and for a few years he went on living as though he were a bachelor. "Miss Kay," as she is known to millions of viewers, laid down the law one day in those early years of their marriage and it was around that time Phil made what he says was the best decision of his life when he accepted Jesus Christ as his Lord and Savior.

On this evening, after being greeted with an enthusiastic standing ovation, one of the first things he did after stepping to the podium was take his worn and well-used Bible from his camo rucksack. And for over an hour the 800 men, woman and children were enrapt as the Duck Dynasty patriarch shared a message of faith, family and the United States of America. His theme for much of the evening was adversity -- whether on a national or individual level -- is often the result of disobedience. He spoke of the dangers and consequences resulting from neglecting God's word and putting the Ten Commandments on a shelf. His statements were not based on conjecture but rather a strong foundation of faith. 

After listening to Phil Robertson, I felt as though I had just heard a combination of John the Baptist and Thomas Jefferson. Obviously, he's quick to share his faith, love of family and country -- in that order. And it came as no surprise that those in attendance gave Phil Robertson another standing ovation as he concluded his talk.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, and Matthew J. Vandorn, 23, of Trumbull Parkway, Batavia, are charged with grand larceny, 4th. Bachorski and Vandorn are accused of stealing two small dirt bikes from a residence on Clipknock Road, Stafford, in early July. So far, only one of the missing bikes has been recovered.

Kenneth S. Lathrop Jr., 26, of 511 Ellicott St., Apt. A, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. A person notified police that Lathrop was allegedly driving without a license. Officer Chad Richardson observed Lathrop allegedly driving a vehicle on Clinton Street and performed a traffic stop. Lathrop was jailed on $500 bail.

Conan T. A. Kennedy, 30, of 1 Spencer Court, Batavia, is charged with parking on city streets between 2 a.m. and 6 a.m. Kennedy turned himself in at Batavia HD on a warrant issued for improper parking after he allegedly failed to appear. Kennedy posted $50 bail and was released.

Nicholas K. Gray, 19, of 2 Olyn Ave., Batavia, is charged with criminal nuisance. Gray was arrested during an investigation into an alleged underage drinking party after it was discovered there was a warrant for his arrest. He posted $100 bail and was released.

Robert J. Wheeler, 18, of 40 E. Buffalo St, Batavia, is charged with unlawful possession of alcohol under age 21. Wheeler was charged following a report of an alleged underage drinking party at 2 Olyn Ave., Batavia.

Michael Robert Sigi, 20, of Pratt Road, Batavia, is charged with endangering the welfare of a child. Sigi is accused of driving with a 14-month-old infant in his lap.

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with criminal contempt, 2nd. Henning is accused of violating an order of protection by having a third party contact the protected person.

Al Davids, 44, of Bird Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Davids was stopped at 10 p.m., Saturday, on Byron Holley Road, Byron, by Deputy Joseph Corona.

Michael John Korczak, 24, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Korczak was stopped at 3:02 a.m., Sunday, on Sumner Road, Darien, by Deputy Joseph Corona. Korczak was allegedly driving 70 in a 55 mph zone.

Sondra Lynn Olcott, 38, of Webber Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, following too close and unlawful possession of marijuana. Olcott was charged following a two-car motor vehicle accident at 1:37 a.m., Sunday, at Park Road and Lewiston Road, Town of Batavia.

Julie Anne Wallace, 39, of Ellicott Place, Batavia, is charged with petit larceny. Wallace, a former employee of Kmart, is accused of stealing $39.96 in merchandise while working at the store. She is accused of stealing makeup and costume jewelry between March 27 and April 22.

Ramel Joshua Askew, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Askew was allegedly found in possession of marijuana while in his room by College Village security.

Michele L. Difalco, 22, of West Main Street, Batavia, and Melissa M. Morton, 27, of West Middlebury Road, Bethany, are charged with petit larceny. Morton is also charged with criminal possession of a controlled substance, 7th. Both women are accused of shoplifting from Target. Morton was also allegedly in possession of pills containing a controlled substance.

Peter C. Ayala III, 29, and Jamie L. Ayala, 33, both of Wood Street, Batavia, are charged with petit larceny. They are accused of stealing $72 in merchandise from Kmart.

Clinton John Sundown, 18, of Skye Road, Basom, is charged with unlawful possession of marijuana. Sundown was charged following an investigation into a property damage accident at 4:07 a.m., Saturday, on Bloomingdale Road, Tonawanda Indian Reservation. Sundown allegedly possessed individually packaged bags of marijuana. Additional charges are possible.

Ted Eugene Kingsley, 40, of Warsaw Road, Le Roy, is charged with petit larceny. Kingsley is accused of entering an unlocked vehicle on Pratt Road, Batavia, on March 28 and stealing $600 cash from a purse.

Should online retailers be required to collect sales tax?

New York Times: Push to Require Online Sales Tax Divides the G.O.P.
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A tractor-trailer has reportedly rear-ended a passenger vehicle on the eastbound off ramp of Thruway Exit 48A and there are injuries reported.

Pembroke and Indian Falls responding along with Mercy EMS.

UPDATE 8:52 p.m.: The location is eastbound just before the off ramp.

UPDATE 8:59 p.m.: There are two injuries. One person is walking around. The other person is still in the car.

UPDATE 9:26 p.m.: There were two dogs in the vehicle. One crated, the other not. There's no indication either animal was injured. Animal control is in route to assist with the dogs.

I meet a lot of people around the county who tell me they intend to join The Batavian Club but haven't yet.

Now would be a great time to do it. 

We're extending the free T-shirt offer for new Members through the end of the May 1 (The Batavian's fifth anniversary).

If you use one of the PayPal buttons below, e-mail me (howard@thebatavian.com) your T-shirt size.

Or click here for the new member form to pay by credit card or check.

As always, members receive a membership card and $325 in gift certificates to local businesses.

Readers who aren't members can purchase the T-shirt for $16 each. Use the PayPal buttons below or to order by check or credit card, download this form.

Sizes SmallMediumLargeXLXXLXXXL

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

 

Annual membership, one payment of $60

Includes membership card, bumper sticker, package of gift certificates to local businesses.

 

More than 580 young soccer players -- and their families -- have been in Batavia the past two days for New York State West Olympic Development Program showing coaches what they can do on the field.

All of young players -- from age 12 up -- are Olympic hopefuls. The national program helps identify promising young players and develop the best players into potential U.S. Olympic Team members.

The program in Batavia draws players from all points in New York west of the I-81, including Watertown, Binghamton and Dunkirk.

Ted Hawley, who acts as host for the event, noted the economic impact of the program is significant because the families are staying in Batavia hotels and eating in Batavia restaurants.

The event is held at both the Batavia Sports Park off Bank Street Road and at Genesee Community College.

A motor-vehicle accident with injuries is reported in the area of 7067 Randall Road, near Britt Road. Le Roy Fire and Ambulance Service is responding.

UPDATE 12:41 p.m.: There are two vehicles involved and both are off the roadway. A second ambulance is requested.

UPDATE 12:43 p.m.: They're going to close the road because there's a lot of debris. There are three patients, so a third rig is requested.

UPDATE 1:21 p.m.: Three patients are being transported to UMMC. One is a teenage male, and another rig is taking the driver and as well as a 29-year-old male passenger. The vehicle with two occupants was T-boned by the other vehicle traveling about 55 mph. The T-boned vehicle rolled three times, yet the two people inside were able to walk around at the scene.

A controlled burn is now out of control, causing a grass fire at 7257 Beaver Meadow Road. Byron and South Byron firefighters are responding.

UPDATE 11:54 a.m.: A responder on scene says the blaze is down at the end of the driveway, at the rear of the property, by the house.

UPDATE 11:56 a.m.: A brush truck is there and all other units are told to come in non-emergency mode.

UPDATE 12:28 p.m.: Fire is out. All Byron and South Byron responders returning to quarters and in service.

Photos and information submitted by Mark Knowles.

Mark Knowles says his son, Cameron, 12, caught "Walter" this year and last year while fishing the pond at Lei-Ti Campground in Bethany. 

"This bass is called Walter by many who tried to catch him," Mark said.

Top photo is from this year and bottom photo is from last year, Mark said.

Photo and info submitted by Rob Stefani.

Rob Stefani caught this bass late this afternoon at the sandwash (Dewitt Recreation Area). He said he guessed it weighed 5 lbs. "It's definitely one of the better bass I've ever caught there," he said.  He used a night crawler and it's the first bass he's seen caught there this year. He's seen lots of trout and pike so far, he said. He did release the fish.

A dirt bike reportedly hit a tree at a residence on Creek Road, Pavilion, and the rider suffered a head injury.

The injury is not described as serious. He has bump on the head and lost consciousness. A chief on scene tells dispatch that Mercy Flight will not be needed, that the patient can be transported by ground ambulance.

Today was the annual student fashion show at Genesee Community College. The show is presented by the Fashion Business students and gives aspiring designers a chance to showcase their work. A dozen different designers participated in the show.

Driving down Bridge Road in Elba this afternoon, I see some strange looking birds near the edge of the roadway. I naturally stop to take pictures.

While stopped, I meet George Morgan, the owner of the birds. He tells me they're guinea hens, native to Africa. He also shows me his peacock (bottom photo).

Morgan said he's owned guinea hens for 30 years.

"They're just a riot," he said. "They're lots of fun. They chase each other. They play tag. I always enjoy a good laugh."