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BREAKING: Arrest made in recent robberies

By Howard B. Owens

A burglary at the Batavia Rent-a-Center overnight led police to a suspect in a string of recent robberies in Batavia and Oakfield.

Taken into custody and charged in the robberies was Mark J. Maltese, 44, of 29 Dellinger Ave., Batavia. Maltese and Robert C. Grant, 52, of 2444 Angling Road, Pembroke, are accused of breaking into the Rent-A-Center this morning.

A witness spotted the alleged Rent-A-Center burglary and provided detailed descriptions of the vehicle and followed the vehicle to a residence on Colonial Boulevard where the suspects reportedly joined a birthday party in progress.

The vehicle reportedly matches the description of a vehicle seen leaving the scene of the Days Inn robbery on Sunday morning.

Police said items were recovered this morning tying Maltese to the burglaries at the 7-Eleven, the Best Western and the Days Inn. At this time, Grant is not a suspect in those robberies and there are no other named suspects, but police said the investigation remains open.

The suspects were taken into custody without incident.

UPDATE: For follow-up story, click here.

Batavia wakes up to a blanket of heavy, wet snow

By Howard B. Owens

As predicted, Batavia was hit with at least six inches of snow overnight. It made for a busy night for emergency dispatchers with several downed power lines and some motor-vehicle accidents.

Above, Wendy Fisher shovels snow from the driveway of her Richmond Avenue home.

Monet Thomas walking her dogs on North Street.

Dave Meyer blowing snow on Ross Street.

Some 700 National Grid customers without power in various locations around the county

By Howard B. Owens

Emergency responders have been busy throughout the night and throughout the county with weather-related calls.

There have been wires down, cars off the roadways and accidents.

We don't have all the details on all of those incidents.

We can tell you that more than 700 National Grid customers are without power in more than a dozen different locations in Genesee County.

The largest outage is from Brookville Road down to Attica with 374 customers without power. No ETA on power restoration.

South of South Main Street Road, just west of Wortendyke Road is another outage with 89 customers affected. Power should be restored by 6:30 a.m.

Off Maple Road, Alabama, 68 customers affected. Power should be restored by 4:30 a.m.

Outages effecting about 35 customers each are reported off of Gulf Road, Le Roy, County Line Road, Darien, Harlow Road, Darien and just west of Darien Center.

There are also nine customers in Linden without power and 12 just west of Morganville.

There are two small outages reported in the city and another half-dozen or so small ones sprinkled throughout the county.

One large band of snow passed over the county in the 2 a.m. hour and radar shows another one heading our way in a couple of hours.

UPDATE 7:06 a.m.: There remains small, isolated power outages scattered all over the county. The two largest effects 200 customes on the Tonawanda Indian Reservation and 76 customers in Pavilion, just north of Route 20 in the South Street Road area. The National Weather Service reports that the heavy wet snow has passed through the area and is predicting patchy light snow the rest of the day. Caution is advised while traveling because of numerous low hanging and downed wires.

Photos: Kindergarten Thanksgiving lunch at Jackson School

By Howard B. Owens

Kindergarteners at Jackson School got firsthand experience at a Thanksgiving feast today with all the trimmings. The students filed into the auditorium, some of them dressed as Native Americans and others arrived as Pilgrims on the Mayflower. Teachers then served them a lunch of turkey, stuffing, potatoes, corn and apple sauce.

Above, Colin gets his meal, and below are Julia and Cameron.

Two people reportedly stuck in car with utility line laying on it

By Howard B. Owens

A caller to dispatchers says he and another person are sitting in a car on Gulf Road, Le Roy, in front of the Sportsman's Club, and a wire has fallen on the car.

The caller reports it as a power line.

Le Roy fire is responding.

While the caller said he didn't know how the wire came down, a first responder reports that it's a motor-vehicle accident and a utility pole is down.

Gulf Road is being shut down.

UPDATE 6:37 p.m.: The accident is believed to be without injuries. Two vehicles involved. The pole is on one vehicle. Both are heavily damaged and need flatbed tows. Power is off at a neighborhing building. Caledonia ambulance requested to the scene for what are believed to be sign-offs.

UPDATE 6:51 p.m.: All victims out of the vehicles.

UPDATE 7:52 p.m.: Le Roy highway requested to the scene to salt the road. The road is no longer blocked.

UPDATE 7:26 p.m.: Le Roy back in service. Road is open.

City promises easier to use, more informative Web site for residents

By Bonnie Marrocco

By the end of the year, city residents can expect to interact with their local government in an easier to navigate site with more information at their fingertips, the City Council was told Monday night.

Council members got a sneak peek at the new site Monday from Lt. Robert Fix, City fire, and Officer Eric Hill, Batavia PD, who helped guide implementation of the new site.

The duo demonstrated new features, which include site search, service requests forms, surveys, news, announcements, press releases, E-news subscriptions, urgent alerts, job openings, a City calendar, a FAQs page, along with a link where residents can report suspicious drug or criminal activity.

"The new site is meant to improve communication, increase public safety, environmental sustainability and healthy and involved community members,” Fix said.

At Monday's City Council meeting at City Hall, officials previewed Batavia's new Web site, which was built by community representatives from various departments.  

The Web address is www.batavianewyork.com, but the current site will be visible at that location until the new one is launched.

Car crash with injuries at West Main and Oak streets in the city

By Billie Owens

A motor-vehicle accident with injuries is reported at West Main and Oak streets. City fire, Mercy medics and police are responding.

UPDATE 5:01 p.m.: A second police unit is responding for traffic control. Two flatbed tow trucks are needed.

UPDATE 5:24 p.m.: City fire is back in service.

Le Roy rapist pleads guilty after telling judge he doesn't remember the crime

By Howard B. Owens

Faced with multiple felony charges that could have sent him to prison for up to 25 years, a Le Roy resident arrested for a home-invasion sexual assault entered a guilty plea to rape in the first degree on condition that he serve no more than 18 years.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, was offered the deal by Assistant District Attorney Kevin Finnell prior to a scheduled evidence hearing in County Court this afternoon.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

The deal reduces his possible jail sentence to eight to 18 years.

A guilty plea involves Judge Robert C. Noonan asking the defendant a series of questions. First, Noonan must ensure the defendant understands his rights and what rights he's giving up with his guilty plea. He must also make sure the defendant understands the consequences of a guilty plea.

During this process, there were some wrinkles in the case with Johnson.

First, under questioning from Noonan, Johnson said he hadn't been given adequate time to think about the plea deal offered to him by the DA's office.

That lead to a 45-minute recess so Johnson -- who was representing himself rather than having an attorney at his side -- to confer with a member of his family.

After the recess, Noonan put Johnson under oath and began to ask him questions about the events of May 9.

Johnson said he couldn't remember raping the victim.

"I don't remember anything," Johnson said. "I was too high."

Finnell said the people were prepared to accept Johnson's plea on an Alford basis, which means the defendent doesn't admit to the specifics of a crime, just that a juy would probably convict the defendant based on the people's evidence.

Among the evidence that would be offered at trial is a DNA match for Johnson that has a 1.13 quintillion probability of matching a person other than Johnson. Johnson also matches the physical description provided by the victim.

When Noonan asked Johnson if he believed there was a reasonable probability that a jury would convict him, Johnson said, "No, I do not."

This started a several minute conversation where Noonan explained to Johnson how the law worked, explaining that Noonan could only accept Johnson's guilty plea if he admitted to the factual evidence or admitted that the evidence against him was strong enough that he believed a jury would convict him.

"I can't say what a jury would do," Johnson said.

Noonan said, of course not, but "that's why I asked if you believe there is a reasonable probability that a jury would find you guilty."

Noonan asked, "have you heard the evidence and do you have reason to believe a jury would convict you?"

Johnson replied, "I have heard the evidence and I believe a jury would convict me."

Prior to today's hearing, Johnson has also been provided with all of the police reports and evidence reports in the case, and as his own attorney had a chance to personally review the case against him, according to Noonan.

According to Finnell, Johnson has a prior felony conviction in Erie County that Johnson claims he received inadequate representation on.

Johnson, Finnell said, entered a guilty plea in 2003 of attempted criminal possession of a controlled substance, 5th.

If Johnson can get that conviction vacated before his sentencing, the potential minimum term on the rape conviction would be five years.

Johnson admitted to breaking into the home of a woman in Le Roy and raping her in early May. He was captured two weeks later by Le Roy Police Department investigators.

As part of the plea, he is waiving all rights to an appeal.

Sentencing is scheduled for Dec. 24.

Sponsored Post: Personalized by Santa offers you 20% off your order!

By Lisa Ace

Visit Personalizedbysanta.com to find the best personalized ornaments for your family's Christmas tree. Enter coupon code “batavian2013” and receive 20% off your entire order. Offer good through December 31st. All orders over $50 will receive free shipping. Our store is located on Route 5 in Stafford approximately ¼ mile east of the Red Osier. Customers are encouraged to complete their orders online, but we can make an accommodation for anyone wishing to pick up their order in person at our shop in Stafford. Just use the comments section during checkout or the “Contact Us” button on the home screen to let us know that you would like to come by the shop.

For the remainder of this season, we will remain an online-only business. But we are very excited to announce that our business on Rt. 5 will be changing its name to Main Road Christmas and be open to the public beginning in September 2014. Main Road Christmas will feature selections from some of the nation's most sought after and cherished Christmas collections including Christopher Radko, Willow Tree, Fontinini, Byer's Choice, Department 56, Jim Shore, Snowbabies, and last, but certainly not least, Old World Christmas. The store will maintain the largest collection of Merck Family's Old World Christmas ornaments of any retailer in New York State. Follow us on Facebook, follow us on The Batavian, or make an appointment to see the shop. For now, just visit www.personalizedbysanta.com -- Merry Christmas!

Oakfield-Alabama middle-schoolers compete in 'Turkey Bowl'

By Howard B. Owens

A cold, cold night, the ground frozen, what better conditions could there be for a flag football game among middle-schoolers?

Last night Oakfield-Alabama held its Turkey Bowl. There was no trophy, just a chance for students to a unique football game -- a chance to play under the lights of the varsity football field.

The event was the brainchild of teacher Dan Gilbert and was put together with the help of James Patrick and Katie Hilchey.

"We thought something like this around Thanksgiving might promote the family feeling of a small school," Patrick said.

Hoops Preview: Lady Devils return with high hopes

By Howard B. Owens

The 2012-13 season was a banner campaign for the Lady Devils. They won the school's first league title in girls basketball and made it to sectional finals for the first time.

But there's also some unfinished business from that championship run, according to first-year Head Coach Marty Hein.

The loss to Waterloo was ugly.

"The girls poured their hearts out in the semifinals two days before," said Hein, who was assistant coach to Bill Wade last year. "They just didn't have it in their eye that night and they know that. The girls know we didn't give 100-percent effort against Waterloo that night and that's the lesson that I hoped they learned -- give 100-percent effort all the time."

With Batavia HS moving to Class A1 and Waterloo staying in Class B, there's no hope for a rematch.

"I'm hoping to line up a scrimmage with Waterloo," Hein said. "I'd like to play Waterloo again because I don't like the taste in my mouth of how we lost in the finals."

Hein thinks with the players returning, the core of that league-leading team will be back on the court this season and they should be able to hold their own at least through the Monroe County schedule and into A2 sectionals.

The attitude is there, he said.

"They've come back with that buring desire to want to focus a little more, work a little bit harder and get back to that same spot and hopefully a little bit better," Hein said.

Senior Liz Myers and sophomores Tiara Filbert and Madison McCulley are third-year varsity players and anchor the starting line-up. Sophomore Sam Cecere, at 5' 9" tall, has made great progress playing post, Hein said.

Hein is going to be looking for a stronger defense from the girls this year.

"I want a lot more communication out of our defense this year," Hein said. "We're turning the pressure up a little bit on defense. Even if we stumble a little on offense, if we can hold our opponents to a lower number then we should still come out victorious in the end."

There will be a few changes in the team from the Wade era, but Hein has a lot of admiration for the local coaching legend.

"When the job came open (four years ago), I applied," Hein said. "Bromley (BHS athletic director) gave me a few clues about who else applied for it, and I told Mike at that point to take my name out of the hat. It was a good learning experience to be sitting behind Bill for the four years. I learned a lot."

To purchase prints of photos, click here.

Pontillo needs to show some respect, and insurance, if he wants permission to go on property, owner's son says

By Howard B. Owens

The main issue the Englerths have with James Pontillo, Tom Englerth Jr. said in an interview Monday, is that Pontillo has never asked their permission to be on their property to work on his building at the corner of Main Road and Morganville Road in Stafford.

"He never had permission from us as property owners," Englerth said. "One time he asked a guy that worked here (at their tenant's business), but he had no authority to give permission."

Two years ago, police were called to the location when Tom's dad, Tom Englerth Sr., complained that Pontillo and his work crew were trespassing. The same issue came up a little more than a week ago.

Pontillo started restoration work on the building two years ago after outbidding Englerth to purchase the property at auction. At the time, he was talking about opening a pizzeria downstairs, but then worked stalled as he became tied up in personal issues. First, his sister developed cancer and passed away. Then his grandmother had a stroke and later passed away. Then a sink hole developed on one of his properties in the city.

"It's just been one thing after the next," Pontillo said.

Now his permits for putting on a new roof and building a restaurant downstairs have expired. He believes town officials are going to try and deny him new permits.

Englerth said he doesn't believe Pontillo will be able to pull new permits.

If work can resume, Pontillo doesn't believe he can have workers complete the new roof without getting access to the parking lot on the west side of his building, property owned by the Englerths and leased to the Stafford Trading Post.

Tom Englerth Jr. is skeptical his father will ever grant such permission at this juncture.

"He never really respected my dad," Englerth said. "My dad's a tough guy, but he's a nice guy. Once you piss him off, it's hard to gain back the respect from him."

Nothing will happen unless Pontillo can produce proof of insurance, Englerth said.

"He needs appropriate insurance and to show us proof," Englerth said. "He then needs to go to my dad and probably apologize and then ask in a nice way. Can that work? I don't know."

Pontillo believes the only permission he needs, he indicated, is from the owner of the Stafford Trading Post and he believes he's gotten that permission before. He doesn't believe he'll ever get a fair shake from Tom Englerth Sr.

Pontillo thinks Tom Englerth Sr. is still angry that he bought the building and kept Englerth from tearing it down.

Englerth Jr. confirmed that his family wanted to buy the building and they were going to offer to help pay for the historical society to move it to another location in Stafford.

"We're not trying to be jerks," Englerth said. "Since he came in there, he's only made nonsense promises, that he was going to open a restaurant, that he was going to open a pizzeria, he was going to put this place here out of business. He's done nothing for the community I don't think. I don't like to talk about people like that, but it's bullshit. It really is."

Englerth was particularly bothered by some of the comments left on The Batavian insulting his father (two name-calling comments were removed) after last week's story was posted, and he just wanted to set the record straight that his father really is a nice guy and is reasonable if treated fairly.

"We're just old-time farmers looking for what else can we do here and there to make a living," Englerth said. "We have to. Our economy is based on looking at what else you can do to succeed."

Verizon crews working to repair significant damage to lines in Stafford

By Howard B. Owens

Verizon crews have been working at the scene of last night's accident all day trying to repair damage to Internet and phone equipment at the location on Route 5 in Stafford.

While electrical power has been restored to the area by National Grid, there was extensive damage done to Verizon's equipment and lines.

A spokesman for Verizon said the company has received only 15 complaints of lost service in the area, but he believes there are more customer either without Internet or phone service.

Repairs won't be completed until tomorrow at the earliest.

Two fiber cables and a copper cable needed repair, he said. The power box at the location -- Route 5 and Clipnock Road -- was also damaged and needs to be replaced.

Installation of solar array atop Stan's Harley-Davidson nearly complete

By Howard B. Owens

Workers are expected to complete the installation today of a solar panel array atop the westside roof of Stan's Harley Davidson on West Saile Drive.

The total cost of the project, which covers more than 10,000 square feet of roof, is $574,000 with the cost partially financed by state and federal tax credits.

The panels will product enough electricity to run all of Stan's operations. The power generated from the panels is first shipped to National Grid. NG then sells the power back to Stan's at a reduced rate.

That should mean about a 50-percent cost savings each month for the Harley dealership.

"We won't know, probably, until the first of the year and it's up and going what it's actually doing," said owner Darryl Horzempa.

Horzempa decided to pursue the project after attending a Solarize Genesee County workshop in January hosted by the Genesee County Economic Development Center (though GCEDC was not involved in the project otherwise).

"I'm interested in recycling and things like that, so it was a natural thing to me to help take care of the environment," Horzempa said.

Rochester-based Arista Power won the contract for the solar panel installation.

Sponsored Post: Thank you from Baskin Livestock

By Lisa Ace

Thank you from Baskin Livestock

We would like to express our heartfelt thanks for the efforts of our employees, friends and neighbors during and after the fire at our animal feed mill on the night of November 7th, 2013. Although the final fire inspector determination has not been 100% established, they feel that a compactor motor inside a steel compactor box under the metal cyclone was the source of the fire. It appears that the fire started inside the compactor and could not be observed until it was well established and moved up into the cyclone. 

Many thanks for all the food, drinks, help and well wishes from friends, including St. Joseph’s School (Karen Green, Principal), Bob Evans Restaurants, Attica Package Company, the Sojda’s, Mary and Scott Case, Sandy Marky and Harry Flatt, Hans and Leslie Kunze, Howard Owens, Jason Saile, Danielle Bell and Jeff Lang, Dan Kelley and crew, Jeff Kingdom and crew, Nancy Gilmartin at Coastal Staffing, Laurie Mastin and all Bill’s friends at BMHL. And our thanks to the brave men and women who volunteer at all the responding fire companies including: Genesee County/ Alexander, Bethany, Pavilion, LeRoy, Stafford, Byron, Bergen, East Pembroke, Elba, South Byron, Oakfield, Darien, the Town of Batavia and the City of Batavia, Wyoming County/Wyoming, Warsaw, Attica, Varysburg, Bennington, Sheldon, Cowlesville, Gainesville, Perry, Perry Center York, Wyoming Correctons and Livingston County/Caledonia, Cuylersvelle and Mt. Morris. 

Thanks also to the fire companies who were called to stand by and fill in for areas which had sent their people and equipment to fight the fire at the farm. If we have missed anyone, please know that we and our employees are extremely thankful.

Baskin Livestock
9778 Creek Road | 
Batavia NY 14020 | (585) 344-4452

Investigators looking for clues from the public on identity of robbery suspect

By Howard B. Owens

Local law enforcement is asking for the public's assistance in identifying the person or persons responsible for a string of armed robberies over the past five days.

The description of the suspect in all three robberies varies only slightly in each case. He is a white male, either 5'2" to 5'6" or 5'7" and is either of slight build or weighs 200 pounds. The robber has worn a bandana in all three robberies.

In two robberies, the suspect displayed a handgun. In the third, a shotgun. In all three, the employees behind the counter were threatened.

The first was Thursday morning at the Best Western, the second Friday morning at the 7-Eleven in Oakfield, and the third, Sunday morning at the Days Inn in Batavia.

Batavia PD and the Genesee County Sheriff's Office are cooperating in the investigation.

Chief Shawn Heubusch stressed that members of the public should not try to take matters into their own hands, but either call 9-1-1 or (585) 343-5000.

Drifter accused a second time of stealing money from churches in Genesee County

By Howard B. Owens
Stephen W. Quigley

For the second time in five years, a homeless man who travels between Syracuse and Ohio has been arrested in Genesee County and accused of stealing money from local churches.

Stephen W. Quigley, 59, is charged with petit larceny.

Det. Pat Corona said Quigley admitted to the thefts.

Batavia PD opened an investigation into money missing from local church collection receptacles in January 2012. 

Investigators had a description of a person using a device to remove cash from the receptacles, with the department receiving multiple reports of similar circumstances during the intervening months.

This morning, a witness to a prior alleged left spotted Quigley in Batavia.

Police located Quigley and questioned him. He allegedly admitted to larcenies from local churches on multiple occasions.

Le Roy PD arrested Quigley in June 2009 and accused him of stealing money from the candle prayer offerings of a church in Le Roy.

Quigley was jailed on $1,000 bail.

UPDATED: Possible storm Tuesday evening could bring six inches of snow over 24 hours

By Howard B. Owens

Up to six inches of snow could fall on Genesee County when a new storm front arrives in the region some time early Tuesday evening, according to the National Weather Service.

A winter storm watch has been issue and remains in effect until early Wednesday evening.

Forecasters say there is still some doubt as to the exact track of the storm.

Hazards include heavy snow mixed with sleet and freezing rain at times.

UPDATE 3:55 p.m.: The NWS has upgraded this event to a winter storm warning. Snow accumlations are predicted to be 6-12 inches. This will be a prolonged event that will effect driving conditions.

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