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Grand Jury Report: Indictment filed for strangulation and assault

By Howard B. Owens

Michael A. Mistler is indicted on a charge of strangulation, 2nd, and assault, 2nd. Mistler is accused of obstructing the breathing and blood circulation by applying pressure to the victim's neck during an alleged incident July 22. Mistler is accused of trying to cause serious physical injury to the alleged victim.

Steven A. Mullen is indicted on charges of failure to register a change of address and offering a false instrument for filing. Mullen is a convicted sex offender and is accused of moving to a motel on West Main Street, Batavia, then he allegedly failed to register his change of address. Mullen allegedly filed a change of address with an incorrect address on the form.

Prosecutor's information: The Grand Jury declined to indict Thomas W. Sherman on a charge of assault, 2nd, but did charge Sherman with assault, 3rd. The case is referred back to the Town of Le Roy Court. Sherman allegedly assaulted a person in Le Roy on Jan. 23.

No Bill: The Grand Jury did not find sufficient evidence to indict Wyatt S. Penfold on charges of assault, 2nd, and attempted assault, 2nd. The charges stemmed from an alleged incident on July 22.

Law and Order: Driver allegedly operating while on prescribed medication

By Howard B. Owens

Barbara Ann Vaughn, 34, of East Robinson Road, Amherst, is charged with driving while ability impaired by drugs, aggravated unlicensed operation and failure to keep right. Vaughn was stopped at 4:10 p.m. Thursday on Genesee Street, Pembroke, by Deputy Patrick Reeves following a report of an erratic driver. Vaughn was found to allegedly have consumed prescribed medication.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford is accused of shoplifting from Kmart.

Ashley Elizabeth Quintern, 22, of South Pearl Street, Oakfield, is charged with petit larceny. Quintern is accused of stealing $21 in merchandise from Kmart.

Town of Batavia firefighters deliver presents, food to two local families in need

By Howard B. Owens

Volunteers of the Town of Batavia Fire Department recently delivered presents and food to two needy families in the town.

The kids get presents and the family gets hams, turkeys and everything else for a good holiday meal.

Either the Salvation Army or a social services agency identifies the families, whose identity is not publicly released.

Just about everybody in the department participates in the process, with members shopping from the families' wish lists and members of the auxilliary wrapping presents.

"It's just one of those small deeds in life that makes you smile," said 2nd Assistant Chief Nate Fix. 

Photos by Rick Franclemont

Hawley supports proposed increase in funding for low-wealth schools

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R, I, C – Batavia) is highlighting his support for a recent proposal by the state Board of Regents to increase aid for low-wealth school districts.

The proposed change in the school-aid formula would commit 73 percent of state funding to low-wealth schools. This funding would be used to support teaching aides and new classrooms, while providing incentives to excel at performance and improve efficiency.

Hawley has consistently advocated for changes to the formula that determines which districts receive the lion's share of funding, and sees the regents' plan as a sign of positive adjustments on the horizon.

“This is exactly the kind of common-sense approach to school funding that I have worked with our local schools and superintendents to implement,” Hawley said. “The bottom line is that low-wealth school districts rely more heavily on state aid than high-wealth districts, because they have less alternative revenue to draw from.

"The lack of state education aid for local schools has forced property taxes to skyrocket in recent years, leaving many Western New York homeowners paying the highest tax rates in the nation. I will continue to fight for these reforms that will end the practice of sorely needed state support being siphoned out of Western New York and into downstate communities.”

Red Kettle campaign aims for another $12K in donations

By Howard B. Owens

Press release:

The Salvation Army, Batavia chapter, is in the last days of its annual Red Kettle Campaign. There are two days left and Major Robert Kurtz noted "that as of Wednesday 12/21/11 the amount raised so far is $50,589.00 This means we need to raise $4,000 per day (today and) for the next three days!"

The goal is $67,000.

Monies are used to help more than 1,500 children this Christmas season and will also be used through their financial aid office throughout the rest of this year as well as 2012.

"People are extremely generous this year," Kurtz said.

He hopes this continues to be true over these next few days.

He added: "We are so thankful to the community for their help, not only with monetary donations, but (with) the toy drives, food drives and all those willing to volunteer their time to help with the distribution of toys and food as well as those brave enough to ring those bells."

Volunteers are still needed to ring bells over the next few days. Please call 815-5955. Ask for Sue.

Contest: Main St. Pizza Company NFL Challenge Week 16

By Howard B. Owens

In Week 15 we asked which team would record the most sacks. Among the 10 teams available for picking in the contest, four recorded four sacks. We randomly selected a winner from among the entrants who picked those four teams.

The winner for Week 15 is Thomas Lennon. He wins two personal pizzas with cheese and one topping, and two house salads. Tom has one week to claim his prize at Main St. Pizza Company.

NOTE: The majority of this week's games are being played on Saturday. Deadline for entry is 1 p.m., Saturday. Click here to enter.

Law and Order: Traffic stops lead to untaxed cigarettes charges

By Howard B. Owens

Randolph Ricardo Scott, 59, of West Humboldt, Buffalo, is charged with possession of more than 400 untaxed cigarettes and speeding (62 in a 40 mph zone). Scott was stopped at 10:58 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Scott was allegedly in possession of 800 untaxed cigarettes.

Marc Anthony Crispino, 20, of Cassandra Circle, Chili, is charged with possession of more than 400 untaxed cigarettes. Crispino was stopped at 12:02 a.m., Dec. 6, on Route 77, Pembroke, for alleged traffic violations by Deputy Patrick Reeves. Reeves reportedly found Crispino in possession of 800 untaxed cigarettes.

Martin Andrew Wade, 53, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater and insufficient turn lamps. Wade was stopped at 10:19 p.m. Wednesday on Route 5, Stafford, by Deputy Howard Carlson.

Tabatha Holly Clark, 25, of Telephone Road, Le Roy, charged with petit larceny and possession of a controlled substance not in original container. Clark is accused of shoplifting $22.67 in merchandise from Kmart.

Woman who prompted water rescue search arrested on warrant

By Howard B. Owens

A woman who at one point Wednesday night authorities feared may have wandered into a fast-moving Tonawanda Creek, was found later apparently safe in a mobile home on West Main Street Road in the Town of Batavia.

The woman was taken into custody on a bench warrant for alleged criminal possession of a controlled substance, 7th.

Jailed on $100,000 bail was Lisa Mae Rugh, 38, of Elm Street, Batavia.

The incident started about 6:30 p.m. when a woman was observed by a passerby lying on the shoulder of Route 5 near Pudgie's Lawn and Garden Center.

The woman, later identified as Rugh, denied a need for help, though she appeared intoxicated, according to the witness.

Rugh began walking south behind Pudgie's toward the Tonawanda Creek.

Members of the Sheriff's Office searched the area but could not locate Rugh.

The department's K-9 unit was called to the scene and "Pharoah" reportedly tracked Rugh to the edge of the creek.

At about that time, members of the East Pembroke Water Rescue Team were in route to the scene. Also dispatched were volunteers from the Town of Batavia Fire Department as well as Alden and Corfu.

"Pharoah" continued tracking Rugh and she was located at Lot #8 of Dreamland Trailer Park, 3540 W. Main St. Road, Batavia.

When deputies identified Rugh they discovered she had an active bench warrant for her arrest.

The Genesee County Emergency Services Office also assisted in the search for Rugh.

(Initial report)

Reader photo: Rainbow in Le Roy

By Howard B. Owens

A reader submitted this picture of a rainbow in Le Roy this afternoon. The reader wrote, "The colors were so bright against the dark sky!! Can't believe its December and this was what I drove towards after work."

(btw: if you're going to send in pictures, please make sure they're at least 460 pixels wide so we can see them better.)

Water rescue team being dispatched to Wortendyke Road area

By Howard B. Owens

A water rescue search is being set up in the area of Wortendyke and South Main Street roads.

East Pembroke's water rescue team responding along with Town of Batavia.

A command post is being set up in the area of Pudgie's Home and Garden Center on West Main Street.

UPDATE 8:31 p.m.: A K-9 unit has tracked a path that indicates a woman may be in the water. Alden's water team also requested to stage in the area. "The water is moving pretty fast," a chief says.

UPDATE 9:09 p.m.: Corfu Fire Department is called to East Pembroke's hall to provide light towers where they are needed. The searchers are sweeping both sides of the Tonawanda Creek. They are headed west of the retention pond. A thermal imaging camera is requested to be at the ready roadside, south of Route 5. The woman they are searching for is said to be blonde, wearing a green jacket and carrying a backpack. They heard a female is screaming loudly near a storage unit, and thought it might be related to this call. The situation first came to the authorities' attention when a medic alerted dispatch that a woman, who appeared to be intoxicated, was lying on the ground near Pudgie's Lawn & Garden Center. She seemed to have an injured leg and was last seen headed toward the creek. Deputies who responded found a woman's shoe(s) roadside, and the K-9 "scented toward the creek." Now they are saying the screaming woman is someone in a trailer park close by yelling for her dog. "We don't have to look out for a pooch, too, do we?" "No" came the reply. A deputy says there's "a good deal of K-9 activity in the (Dreamland trailer) park, which is an indication that she may have been here and is now out of here."

UPDATE 9:17 p.m.: They found a shoeless woman at the Dreamland Trailer Park, lot # 8. Everybody is packing up and will be leaving shortly. An ambulance will be responding to her location.

UPDATE 9:35 p.m.: The patient refused treatment. She is now in law enforcement custody.

Yancey's Fancy gets tax relief from GCEDC for expansion

By Howard B. Owens

The Corfu-based artisan cheese maker Yancey's Fancy is planning a $296,000 expansion and will receive $20,000 in tax abatement, the Genesee Economic Development Center announced today.

The tax exemptions were ratified by the GCEDC board on Tuesday on the promise from Yancey's Fancy of 100 jobs retained.

No new jobs are expected to be created by the expansion.

The 60 percent PILOT will save Yancy's Fancy $13,000 in property taxes over 10 years.

The company also gets a $6,900 sales tax exemption on construction materials.

Information on the nature of the expansion was not released by the GCEDC.

Yancey's Fancy is located at 856 Main Road.

'Significant year' justifies GCEDC bonuses, board member says

By Howard B. Owens

A six-figure bonus package approved for staff members of the Genesee County Economic Development Center were earned by a great performance in 2011, said outgoing county Legislator Hollis Upson today after the perks were announced.

He characterized 2011, which saw, according to the GCEDC, 172 jobs created and more than $3 million in strategic investment approved, a great year for the center.

"The year was better than our expectations at the beginning of the year and better than anyone could have anticipated under the circumstances," Upson said.

Upson is finishing up his time on the legislature. It will be up to the legislature in 2012 to determine whether he continues to represent the county on the GCEDC board.

The bonus payments total $120,000 with $72,000 going to the CEO, Steve Hyde. It will be up to Hyde to determine how the remaining pot of money gets divided among the rest of the staff.

Asked if Hyde's bonus is justified in a county where the median annual income is just over $40,000, Upson said that, of course, he would like to get that kind of bonus himself, but he doesn't have a problem with it.

"I feel he deserves it," Upson said. "I know the work he's doing and if you compare it to what he does with the private sector, what he could be getting in the private sector would be much more."

The whole staff, Upson said, deserves credit for a job well done in 2011.

"They exceeded all of the goals we set for them," Upson said.

The GCEDC press release said 172 jobs were created; the goal for capital investment commitments was $13.8 million, and there were $51.3 million in commitments in 2011; and, two, rather than just one, major projects of at least $10 million in investment were signed (Alpina and expansion at O-AT-KA).

The only goal not met was for GCEDC to close a mega project deal worth more than $50 million.However, Upson noted, the Project Wave deal is just a few details away from being finalized.

"It was a pretty significant year for us when you consider that everybody else (in other jurisdictions) is in pretty dire circumstances," Upson said.

Photo: Le Roy police looking for 'person of interest'

By Howard B. Owens

Le Roy police are looking for the black or Hispanic male behind the woman in the check-out line. Investigators have identified him as a person of interest in the theft of a stolen purse and credit card that occurred Tuesday.

Batavia names new head football coach

By Howard B. Owens

UPDATED with comments from Bromley at 2:01 p.m.
UPDATED at 4:43 p.m. with comments by Briggs.

Brennan Briggs, who led the Blue Devil's JV squad to an undefeated season in 2011, has been named the varsity's head football coach.

Briggs replaces Dan Geiger, who had a 16-35 record over six seasons as the Blue Devil's head coach.

The board of education approved the promotion of Briggs on Monday.

Athletic Director Michael Bromley said Briggs is somebody he's had his eye on since Brennan's student-athlete days at Batavia.

"It was easy to see as a young kid he was a great leader," said Bromley.

Briggs was a standout athlete in football and hockey, helping lead the hockey team to two sectional titles.

Bromley said when Briggs decided to major in physical education in college, he saw him as a potential teacher and coach at Batavia.

"He's got a lot of great experience and I have no doubt he will be a success," Bromley said.

The promotion, Briggs said, is exactly what he had in mind for himself.

"It’s been a goal of mine since I got into coaching to become a head football coach, to get out under the lights on Friday night and there’s no place better to do it than Batavia High," said Briggs.

Brigg's is the son of a former Gates-Chili coach Jim Briggs, a Section V Hall of Fame member.

Jim Briggs was also a standout athlete at Batavia HS and is in the schools hall of fame.

Bromley doesn't anticipate the senior Briggs being involved officially the football program, but he's sure father and son will talk a lot.

"It's obviously a great resource to have somebody with his knowledge and his level of success available as a dad," Bromley said. "I'm sure there will be a lot of dinner table conversations."

Brennan said you can rule out any idea of Jim becoming an assistant coach.

"He's got two grand sons he helps take care of and he's quite content doing that," Briggs said.

But they will talk.

"Obviously, I'll listen to anything everything he has to say, but he also does a good job of stepping back and let me be Brennan Briggs," Briggs said.

The players received the news of the promotion for Brigg's well, Bromley said. 

It was important to get Briggs started as coach this month, with players already beginning training and weight work for next season.

"Winning football isn't just about what you do during the season," Bromley said. "It's also what you do during the off season."

Fans shouldn't read too much into the undefeated JV record, Briggs said. There are a lot of JV teams in the area that have undefeated seasons, but that doesn't necessarily translate into winning varsity programs.

"I don't want everybody coming here thinking, 'Oh, Coach Briggs is undefeated on JV and they're going to be undefeated on varsity.' It doesn't work that way," Briggs said. "It's not going to be a complete transformation over to varsity."

That said, Briggs said he's already established a relationship with a lot of his players, both from coaching JV football and coaching baseball at the school.

His goal: Establish a winning culture.

"It's about discipline and hard work and it doesn't always show up on the score board, but inch by inch, we'll get there," Briggs said.

Briggs is pretty young at 26 to take over a varsity program, and he sees his age as offering both pros and cons.

When you're a young coach, he said, you can relate to a lot more of what the kids are going through away from campus, but they can also come to see you too close as peer.

"There's a fine line where these kids see you as a young person, you’ve got to establish that you’re the coach," Briggs said. "Yes, I want a good relationship with them, but there’s a fine line and you establish that by expecting discipline, not accepting any excuses and being hard on  them and just expecting the best from them every single day."

Bromley anticipates working with Briggs and putting together a coaching staff for Briggs over the next month.

Grand Jury Report: Man accused of selling sawed-off shotgun and cocaine

By Howard B. Owens

Marcos A. Torres is indicted on one count of criminal sale of a firearm, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Torres is accused of unlawful possession of a firearm and unlawfully selling that firearm on June 22. The firearm is described as a Remington Wingmaster Model 870 20-gauge shotgun having a barrel less than 18 inches in length. He is also accused of possessing cocaine with the intent to sell it.

Joshua G. Bachorski is indicted on three counts of possession of stolen property, 4th, two counts of forgery, 2nd, and three counts of petit larceny. Bachorski is accused of possessing stolen credit cards to use for himself without authorization of the cards' owners. Bachorski is also accused of signing other people's names to purchase agreements. Bachorski is accused of purchasing gift cards with the stolen credit cards.

Jeffrey A. Mooney is indicted on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Mooney is accused of driving drunk Sept. 15 on Route 98 in Elba.

James F. Webb is indicted on counts of criminal contempt, 1st, and five counts of criminal contempt, 2nd. Webb is accused of making multiple telephone calls to a person he was under court order not to contact, with the intent to harass, annoy, threaten or alarm the person.

Sharon L. Awall is indicted on charges four counts of grand larceny, 4th, and seven counts of petit larceny. Awall is accused of stealing three credit cards and a gift card belonging to another person. She is accused of stealing two gold wedding bands, a gold engagement ring with a 1/4-carat diamond, a gold engagement band with a diamond, a man's gold wedding band, a gold anniversary ring with five diamond chips and a wallet.

No Bill: The Grand Jury returned with no bill (no counts filed) against Carolyn M. Smith, accused of assault, 2nd.

Law and Order: South Byron man accused of violating order of protection

By Howard B. Owens

Troy D. Hubler, 41, of 7634 Byron Holley Road, South Byron, is charged with aggravated harassment, 2nd, and criminal contempt, 2nd. Hubler was located in Orleans County by the Sheriff's Office in Orleans County and turned over to Batavia PD on a warrant out of city court. The warrant stemmed from an alleged Oct. 3 incident in which Hubler reportedly made telephone contact with a person protected by a court order. The order of protection was issued by Batavia Family Court.

Andrew Ziemba Perdock, 24, of Holland Avenue, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Kmart.

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