A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

A 38-year-old Central Avenue man charged with second-degree assault declined a plea offer this afternoon in Genesee County Court.

Jason E. Carpenter opted to take his case to trial, according to his attorney, Jerry Ader, and it was put on the court docket for the week of Nov. 13.

He was arrested in March following an investigation by City of Batavia Police Department into a fight involving multiple persons at the corner of Liberty and Sumner streets at 12:10 a.m. on Feb. 26. Carpenter is accused of punching another person in the eye, causing multiple facial fractures.

Carpenter is charged with second-degree assault, a Class D violent felony, and was subsequently indicted for the crime by the Grand Jury. The indictment alleges that with intent to cause serious physical injury to another person, he caused such injury to a person, on Feb. 26 on Liberty Street.

If found guilty on the charge, Carpenter faces up to seven years in state prison.

Under a plea deal offered by District Attorney Lawrence Friedman, the second-degree assault charge would be amended to attempted assault, a nonviolent Class E felony, with a prison sentence range of one-and-a-third to four years, which the judge would determine.

"He's not interested in the plea -- we'd like to schedule this for trial," Ader told Judge Charles Zambito.

Carpenter, a somewhat burly, bearded strawberry blonde who wore khakis, a plaid shirt in earth tones, and clutched a baseball cap in his left hand, did not speak in court.

A man charged with attempted murder accepted a plea deal in County Court today that guarantees a 15-year prison term.

Jeremy R. "Boog" Armstrong, 27, faced a six-account indictment for the shooting of a victim on Jackson Street, Batavia, on Dec. 2. Today was his plea cut-off date and if the case had gone to trial and he was convicted, the maximum available sentence could have locked him away for 37 years.

Armstrong hesitated when first asked by Judge Charles Zambito if he was ready to agree to the terms of the plea. His attorney asked for a recess to confer with his client.

Because there was also a jury trial scheduled for the morning, the recess lasted two-and-half-hours while the attorneys in that case delivered their closing statements.

The plea deal satisfied two indictments, with the one that included the attempted murder charge being reduced to a lesser included offense under count two of attempted assault in the first degree. The second indictment included a count from a separate incident of criminal possession of a controlled substance in the third degree.

When Zambito read the supporting circumstances for attempted assault, his attorney, Mark Foti, objected to "knowingly caused serious physical injury," and with the suggestion of District Attorney Lawrence Friedman, the language was changed to "intent to cause serious physical injury."

Again, Armstrong Hesitated, but after conferring with Foti entered his guilty plea.

He didn't hesitate when pleading guilty to the drug dealing charge.

Friedman said the agreement to nine years for criminal possession and the 15 years for attempted assault were "no more and no less," meaning Armstrong agreed to exactly that time in prison. The sentences would be served concurrently. His term of parole will be decided at the time of his sentence but will be between two-and-a-half and five years.

Sentencing is scheduled for 1:30 p.m., Oct. 6.

More than 200 local residents came together Thursday night at the YWCA on North Street, Batavia, to share words of peace and unity in response to the message of hate and bigotry in Charlottesville, Va., two weeks ago.

Speakers expressed both hope that our society can learn to live in harmony, and anger at chanted slogans and actions of the white supremacists who descended on Charlottesville.

Rev. Sheila Campbell recalled the murder of Heather Heyer, a counter-protester who was killed when a car allegedly driven by a white supremacist drove into a crowd of people, whom she celebrated as a hero who confronted the reality of injustice and inhumanity.

The last social media post by Heyer, Campbell said, was, "If you're not outraged, you're not paying attention."

Heyer, she said, was paying attention.

"The call for the removal of the Confederate statue was a cry for help and she responded in love by standing on the line of justice and equality," Campbell said. "Heather chose to stand on the side of that which unites humanity, which is encased in compassion and empathy. She made the ultimate sacrifice and her name will be forever etched in the annals which recall the blood of the slaughtered voices of justice."

Diana Kastenbaum, a Batavia resident and local business owner, openly confronted her own fear and anger sparked by what she saw on TV in Charlottesville and what she judged to be an inadequate response from some elected leaders and some in the media.

"Don't kid yourself," Kastenbaum said. "This march was not about statues and permits. It was about a group of people marching for equality and another group marching for superiority. There is no moral equivalency."

There were those, she said, who were slow to denounce the bigotry and hate, and even those who did denounce racism while glossing over the overt anti-Semitism, such as the neo-Nazis marching with tiki torches chanting, "Jews will not replace us."

She recalled driving to work the Monday after the protests and seeing two different pickup trucks driving in Batavia flying the Confederate flag from poles in the beds of their trucks.

"One pickup truck was parked in the same driveway of the house where three men on a darkened porch Heil Hitlered my family and I as we left Rosh Hashanah services last year," Kastenbaum said. "From that incident, I knew they were anti-Semitic. Now I know they are also racists. I wondered how many more Confederate flags I would see that day."

Brandon Armstrong, a local business owner, said he came to say a few words about racism.

"I can live my life and not worry about someone who hates me, but I need to know if I go to apply for a job am I going to get the same treatment as everyone else?" Armstrong said. "And if I do get the job, am I going to be treated fair or am I going to get the loan from the bank? See, it's not all about hate."

He said there needs to be a better understanding, and a better response, to what it is that holds poor minorities back from greater achievement, whether it's what they can and should do for themselves, or what needs to be done to help those who can't help themselves.

Other speakers included Father Ivan Trujillo, Dr. Mohammed Rumi, Pastor Jim Renfew, Pastor Ruth Warner (who also played a rendition of "What a friend I have in Jesus" on her oboe), Stan Schumann, president of Temple Emanu-El, and Jeannie Walton, director of the YWCA.

Rev. Roula Alkhouri, of First Presbyterian Church of Batavia, one of the event's organizers, helped open and close the vigil.

She said she was stunned about the news coming out of Charlottesville two weeks ago.

"I didn't know how to respond," Alkhouri said. "I was afraid. A part of me was afraid. As a woman. As an Arab-American. I thought of the fear that people like me experienced because of the hate of others. So I didn't know what to say, what to do. How do I respond? Do I even dare speak up? But then my faith, the example of Jesus in my life led me to say you have to speak up. You have to say something, you have to stand up for what is right.

"And these words from Romans 12:21 came to me. 'Do not overcome evil by evil but with good.' And so I thought what is good in this moment? I thought of the good that comes from us coming together, our standing and say we can love across the boundaries that separate us or seem to separate us, of race, of religion, of different wants or thoughts or political persuasions. We can come and say hate has no place in our country."

Rev. Sheila Campbell

 Rev. Roula Alkhouri

Pastor Ruth Warner

Father Ivan Trujillo

Brandon Armstrong

Stan Schumann

City fire is going to 112 Vine St. for a report of someone burning something inside a barrel outside.

Batavia Boy Scout Troop 6006 Joe Marchese is posing with one of 18 fire hydrants he plans to refurbish the outside of them this Saturday, Aug. 26th. He is looking for people willing to donate their time to help with his Eagle project.

It will benefit the Town of Batavia on Edgewood Drive, Woodland Drive, Valle Drive and Fairway Drive. Supplies suggested to bring, if possible if you have on hand, are wire brushes and paint brushes but this is not mandatory.

Please meet at 29 Edgewood Drive, Batavia, at 8:30 a.m. until 4 p.m. this Saturday.

For more information please contact Joe at 585-343-3784. Refreshments will be provided during the day and food afterward.

A tow-truck driver suffered a minor medical issue while driving on Clinton Street Road near Grand View Cemetary when he lost control of his vehicle while trying to pull over, and the truck continued to travel off the roadway striking some signs. He was not injured in the crash. Sheriff's Office, Batavia fire, and Mercy EMS responded.

Photos submitted by Brian Odachowski.

A new support network for adults living with all types of arthritis and rheumatic diseases is launching in Batavia on Sept. 27.

The Arthritis Support Network in Western New York will hold its local debut event from 6 to 8 p.m. at the Richmond Memorial Library, located at 19 Ross St. in the City of Batavia.

It aims to help and support those with arthritis through connection, education and empowerment.

To RSVP or to get more information, contact Jim@Arthritisintrospective.org or go online to arthritisintrospective.org/local

Batavia PD is randomly selecting semi-trucks traveling on Ellicott Street through the city for safety inspections. Officers pull over a truck and then instruct the driver to pull into the parking lot next to Falleti Ice Arena on Evans Street.

UPDATE 1:34 p.m.: There is another checkpoint for truck safety inspection selections set up on Ellicott Street between Liberty and Jackson streets.

Starting today at Batavia High School, seniors started laying out the base design for their new parking spots in the student parking lot. Pictured above Mikey Lullo and Anand Patel working together preparing a spot.

High School Principal Scott Wilson (who accepted a position in Churchville-Chili starting Sept. 1st) said the students presented this as a fundraiser to our school board for seniors who were interested to be a part of something that is going around the country.

Thirty-six students have chosen to paint their spot, which costs $20, and they get preferred parking that is closer to the building. For seniors who chose the no-paint option B, they would pay $5 but be next in choice of the parking lot and the remaining spots would be no charge for seniors or juniors.

Donating paint was local business Mosman Wallpaper & Paint. The project will continue through the weekend into next week.

Tanner Kolb laying down a base coat of paint.

Alaina Bowman is in the early stages of her scenic theme that will include sun, mountains, ocean.

Seniors Makayla Oderkirk and Joe Marchese working on painting their parking spots.

Kelly Leigh Stanton, 23, Sparksboro Drive, Camillus, is charged with forgery, 2nd. Stanton allegedly claimed to be her sister during an arrest at 12:18 a.m. on Aug. 5. She is accused of signing her sister's name on a fingerprint card. She was jailed on $15,000 cash bail or $25,000 bond.

Joelle Marie Devincetis, 34, of Weston Road, Rochester, is charged with aggravated unlicensed operation, 3rd, and inadequate plate lamp. Devincetis was arrested on a warrant out of Town of Stafford Court and jailed on $200 cash bail or $2,500 bond.

Press release:

The Intensive Care Unit at United Memorial Medical Center and the Intensive Nursing Care Unit at Unity Hospital both received Silver-level Beacon Awards for Excellence from the American Association of Critical-Care Nurses (AACN).

These two awards bring Rochester Regional’s total earned to seven, which is the most for any health system in New York State. The Beacon Award for Excellence recognizes hospital units that use measurable practices to improve patient and family outcomes and experience.

“It’s an outstanding accomplishment to have seven Beacon Awards bestowed on our health system family. These awards further exhibit our commitment to nursing excellence,” said Debbie Stamps, EdD, vice president, Quality, Safety & Innovation at Rochester Regional Health.

“Our nurses, in every location, deserve recognition for the amazing work they do each day, hour, and minute on behalf of our patients and their families.”

Previous Rochester Regional Health Beacon Awards for Excellence:

•  Medical Intensive Care Unit (MICU) at Rochester General Hospital: Silver-level

• Intensive Care Unit (ICU) at Newark-Wayne Community Hospital: Silver-level

• Cardiothoracic Intensive Care Unit (CTICU) at Rochester General Hospital: Silver-level

• Intensive Care Unit (ICU) at Unity Hospital: Silver-Level

• Surgical Intensive Care Unit (SICU) at Rochester General Hospital: Gold-level

Rochester Regional can reapply for these prestigious designations at the expiration of each three-year term.

Kmart in Batavia has again dodged the budget cutting ax of parent company Sears, as the 124-year-old retail giant continues to see sales revenue drop across the country.

This morning, Sears announced that it's closing 28 Kmart locations, but the Batavia store is not on the list.

In July, Sears announced it was closing 35 locations, and neither Kmart nor the local Sears outlet made the list. In all, the company has closed 180 locations in the past year.

The announcement after Sears made its latest revenue report to stockholders, revealing an 11.7-percent drop in sales on a same-store basis. The company lost $251 million for the quarter.

In March, another legendary retail chain, JCPenney, announced it was closing stores across the nation, but Batavia's store was not on the list. 

Kohl's Department Stores has also been struggling with declining retail sales, but that company's CEO said that rather than close stores, it will shrink existing stores.

• 1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
• 2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered.
• 3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
• 4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

Please call Kristin Allen at 585-815-9003 for any of your workers’ compensation needs.

A 17-year-old resident of Basom has been indicted on two counts of unlawful surveillance in the second degree. The youth is accused of using a recording device to surreptitiously view, broadcast or record, under the clothing being worn by another person, showing the sexual or other intimate parts of the person.

He's also accused in the second count of surreptitiously using a camera to record or view a person in a location where the person expected privacy without the person's consent. The first count stems from an incident reported Jan. 31 and the second count from an incident reported June 7, both in the Town of Oakfield.

Press release:

Start-Up Genesee will hold the next “Think & Drink” event from 4 to 6 p.m. on Thursday, Aug. 31^st at The Harvester Center at 56 Harvester Ave. in Batavia, NY. 

The launch of the Think and Drink series hosted by Start-Up Genesee officially kicked off on Sept. 1 at The Harvester Center where regional business leaders and elected officials gathered to recognize and celebrate the entrepreneurial spirit in Genesee County.

“A lot has happened at the Harvester Center since the last Think and Drink event was launched almost a year ago,” said Tom Mancuso, owner of Mancuso Business Development Group. “I think this speaks to the entrepreneurial spirit of our community and the fact that this facility and space helps bring out that type of creative thinking.”

Guests are asked to meet at the Moon Java Café, which will be followed by tours of businesses and viewings of available space as well as demonstrations of the various business services available at the Harvester Makerspace. This event is free and open to the public.

The tour will include remarks from business owners, Renee Smart of Moon Java Café and James Dillon of the Harvester Makerspace. They will provide insight and share their experiences on how entrepreneurs can successfully work in shared spaces.

Resurgence Brewing Company, which recently announced it is opening a brewery in Batavia at Ellicott Station, will provide samples of its various craft beer selections. Resurgence specializes in making sour, wild and barrel-aged craft beers.

Sponsors for the event include Canandaigua National Bank & Trust, FreedMaxick, Merrill Lynch, Del Plato Casey Law Firm LLP, the University at Buffalo New York State Center of Excellence in Material Informatics and Bioinformatics & Life Sciences, Tompkins Bank of Castile and Tompkins Insurance.

For more information or to RSVP, please contact Rachael Tabelski at 585-343-4866 or rtabelski@gcedc.com.

Common Core spring results show improvement for Batavia City School Students, a point Superintendent Christopher Dailey emphasized during a conversation today, but that isn't the most important stat he looks at in evaluating student proficiency.

The most important number to him, he said, is the district's 95-percent graduation rate.

"The tests are supposed to be an indicator of graduation readiness and I've yet to see that kind of link because we graduate a lot of kids who go on to do great things," Dailey said.

In English Language Arts, the district improved from a 34-percent pass rate last year to 36 this spring. The statewide pass rate is 40 percent, but Dailey noted that in both ELA and Math, City Schools perform on par with other small city school districts.

In Math, the district improved from 36 percent to 38 percent with a 40-percent statewide rate.

In ELA, 40 percent of the girls passed and 29 percent of the boys. The pass rate for girls in Math was 35 percent and 40 percent for boys.

The test was given to students this spring in grades three through eight.

Dailey said Common Core provides more data points to measure how the district is doing and what it might need to address to meet the educational needs of students, but it isn't the only data point.

"If you look at like schools, we're doing OK, but not good enough," Dailey said. "We still need to improve and we will."

Other Genesee County districts:

• Byron-Bergen, from 42 to 49 percent in ELA, and 49 to 48 percent in Math;
• Le Roy, from 39 to 43 percent in ELA, and 45 to 50 percent in Math;
• Pavilion, from 30 to 34 percent in ELA, and 45 to 42 percent in Math;
• Alexander, from 34 to 33 percent in ELA, and 47 to 43 percent in Math;
• Oakfield-Alabama, from 33 to 41 percent in ELA, and 50 to 49 percent in Math;
• Elba, from 30 to 27 percent in ELA, and 36 to 41 percent in Math;
• Pembroke, from 39 to 36 percent in ELA, and 50 to 45 percent in Math.

For complete countywide results, click here.

The three-peat Section V champs Batavia Blue Devils get to play in another big-time stadium in their first game of the season Sept. 3 and boosters are hoping for a big local turnout.

The Blue Devils will face Johnson City at the Carrier Dome in Syracuse. Kickoff is 2 p.m.

Tickets are available at Batavia High School in the Athletic Director's Office. Summer hours are 8 a.m. to 3 p.m. Tickets are $8, or $10 at the door. Checks for tickets bought locally should be made out to Batavia Coaches Association.

Students are encouraged to sign up in the AD office. A ticket and a ride on the spectator bus will be $10.