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Howard B. Owens's blog

January 25, 2016 - 3:15pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.
   File Photo: Scott Doll

The attorney handling the murder conviction appeal of Scott F. Doll is asking for a hearing on why a Monroe County medical examiner testified during Doll's trial that fingernail clippings were taken and retained from the victim, Joseph Benaquist, when they were not.

Timothy Murphy argued his motion today in Superior Court, but presiding judge Michael F. Pieturszka was full of skeptical questions. 

Repeatedly, in various ways, Pieturszka asked Murphy what would be gained by a hearing when it's already known that the evidence doesn't exist. A hearing isn't going to suddenly produce the evidence, the judge noted.

Murphy argued that is presumably in the best interest of the court to find out why the trial judge -- Robert C. Noonan -- was misled about the existence of the fingernail clippings. Murphy also repeatedly stated that he didn't blame the DA's Office for the missing evidence, but he thinks the ME's Office should explain the now clearly false testimony that the evidence was collected.

At the time of trial, neither the DA nor the defense, led by Paul Cambria, requested DNA evidence from the fingernail clippings. The lack of the evidence was only discovered after Judge Robert C. Noonan, now retired, ordered the Monroe County ME's Office produce it.

Scott LaPoint, a deputy ME, testified in Doll's trial that the evidence is routinely collected and that it was collected in this instance.

Pieturszka asked what the pratical result of a hearing might be since a hearing wouldn't make evidence appear that didn't exist.

"The court is entitled to know why an order was not enforced and fully enforced," Murphy said, arguing that it was in the best interest of the court to find out why false testimony was given and why the ME's Office wasn't able to satisfactorily produce evidence Noonan ordered produced.

The fact that there may have been a third person's DNA at the scene of the crime, on Benaquist's left boot, made the inquiry all the more important, Murphy asserted, but Pieturszka asked whether even that fact was relevant without any idea of how the DNA came to be introduced into the crime scene.

It's an incomplete DNA sample, so a third person cannot be identified with it. There's no indication that, if there was a third person present, it was at the time Benaquist was killed, or if it was on Benaquist's boot prior to the attack, or if it accidently came from an investigator after the fact.

ADA Will Zickl argued that even if Murphy's request had merit, it wasn't related to the motion presently before the court. Zickl said Murphy could bring a new motion to uncover the information he seeks, but the fact that the evidence doesn't exist and can't be produced ends the original motion that prompted the discovery of the mistake.

Murphy also wants hair samples from Benaquist subjected to DNA testing to see if any third-party DNA might be found. But Zickl argued that it was such a bloody crime scene and the hair was covered so thoroughly with Benaquist's blood, there is nothing to be gained by another round of tests.

"The pulled hair samples are not worth the trouble it would take the lab to test it in light of the circumstances," Zickl said.

Pieturszka is reserving his decision until a later date. He gave Murphy two weeks to file a memo supporting his position, and Zickl two weeks after that to produce an answering memo.

Previously: DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

Forl all previous coverage of the Scott Doll case, click here.

January 25, 2016 - 6:37am
posted by Howard B. Owens in crime, batavia, Le Roy, pembroke, bergen.

Philip Michael Molina Sr., 30, of Slade Road, Medina, is charged with criminal possession of a weapon, 3rd, and aggravated unlicensed operation of motor vehicle, 2nd. Molina was arrested following an investigation into a shoplifting complaint at Walmart involving a female companion. Molina was allegedly found in possession of metal knuckles and driving on a suspended driver's license. He was jailed on $15,000 bail or $30,000 bond.

Thomas C. Williamee, 45, of Clay St, Le Roy, is charged with petit larceny. Williamee is accused of shoplifting from Tops Market in Le Roy. He allegedly stole $8.11 in merchandise.

William A. Andrews III, 36, no permanent address, Batavia, was arrested on a warrant for alleged aggravated criminal contempt. Andrews allegedly violated a complete stay away order of protection. He is accused of punching the protected party in the face at 1:55 a.m. Aug. 23 while on West Main Street, Batavia.  Andrews charged with another count of aggravated criminal contempt for allegedly being with the protected party at the time of his arrest at 11:23 a.m. Friday. He was jailed on $10,000 bail.

Justin T. Pahl, 31, of Perry Road, Le Roy, is charged with endangering the welfare of a child. Pahl allegedly punched out a window during an incident reported at 8:30 a.m. Friday at a location on Thomas Avenue, Batavia, causing shards of glass to scatter in a room where there were two children, ages 2 and 6.

Amanda R. McDonald, 34, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to pay restitution stemming from a December 2013 incident. McDonald was arraigned and released on her own recognizance with the balance due on her restitution by her next court appearance, March 24.

J'Shon K. Naegely, 19, of Montclair Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Naegely is accused of possessing and selling a video game console and video games that did not belong to him.

Allison Josephine Minnick, 22, of Maple Ridge Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, speed not reasonable and prudent. Minnick was arrested following an investigation by Deputy Chad Cummings into a motor-vehicle accident reported at 5:16 a.m. Saturday on Route 262, Byron.

A 17-year-old resident of Judge Road, Alabama, is charged with aggravated harassment, 2nd. The teen allegedly sent threatening text messages to a female victim causing annoyance and alarm. 

Cheryl A. Baker, 32, of Rochester, is charged with forgery, 2nd, falsifying business records, offering for file a false instrument, criminal impersonation, 2nd, and driving on a suspended registration. Baker was arrested by State Police for alleged criminal activity in the Town of Pembroke. She was jailed on $15,000 bail. No further information available at this time.

Matthew D. Chojnacki, 80, of Akron, is charged with DWI. Chojnacki was stopped at 1:23 p.m. Friday on Route 33, Bergen, by State Police.

January 24, 2016 - 4:00pm
posted by Howard B. Owens in Veterans Cemetery, pembroke.

These are renderings of the planned veterans cemetery at Route 77 and Indian Falls Road in Pembroke. We just received digital copies and wanted to share them.  Keep in mind, these are not the final architectural plans, but proposed layout of the property.

Click on the first photo to view the slide show.

Previously: New national cemetery in Pembroke could open for first burials within three years

January 24, 2016 - 11:57am
posted by Howard B. Owens in accident, Darien.

A motor-vehicle accident with injuries is reported in the area of 9468 Alleghany Road, Darien.

That's near the Pizza Pantry, just outside the Village of Corfu.

There are two vehicles involved. One is out of the intersection, but the other is disabled and blocking.

Darien fire and ambulance dispatched.

January 23, 2016 - 9:48pm
posted by Howard B. Owens in accident, byron.

A single-vehicle rollover accident is reported on Swamp Road in the area of Log City Road. 

Unknown injuries.

Byron and South Byron fire along with Stafford are dispatched. 

UPDATE 9:48 p.m.: Driver got himself out of the vehicle. Stafford and South Byron can go back in service.

January 23, 2016 - 3:29pm
posted by Howard B. Owens in Thomas Rocket Car, batavia.

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The Thomas Rocket Car has been sandblasted down to bare metal as it continues through the process of restoration by a group of local antique car buffs who will donate the fully restored vehicle to the City of Batavia.

The car was designed by former Batavia resident Charles Thomas as a prototype of a car he was hoping Detroit would build in the late 1930s, but the car was considered too far ahead of its time and then the war came, so the Thomas Rocket Car is truly one of a kind.

It was built in Batavia.

The sandblasting was completed by Hillcrest Coating in Attica. 

Old World owner Dick McClurg said next he will fabricate a new front, driver's side fender.

"I always do the hardest part first," he said.

The bottom photo is of a print made by Pete Whyman from a glass plate negative of a photo taken by his father, Walter Whyman, sometime around 1941. The photo was taken in Williams Park. Pete Whyman showed up at McClurg's shop recently with the photos. Until then, nobody knew the color photos existed. The car must have been repainted shortly after Thomas completed it in 1938, because the vehicle was originally maroon and in the photos it's red.

For previous rocket car coverage, click here.

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January 23, 2016 - 1:34pm
posted by Howard B. Owens in Sheriff's Office, law enforcement.

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Deputy Jason Saile, a 10-year veteran of the Sheriff's Office, was named Officer of the Year by Sheriff Gary Maha during the department's annual awards luncheon yesterday at the Sheriff's Office on Park Road.

Dispatcher Jason W. Holman received the Distinguished Service Award.

The top longevity awards went to Chief Deputy Jerome Brewster and Chief Deputy Gordon Dibble, at 40 years each. Also awarded was Youth Officer John Dehm, who has been with the office for 35 years.

Commendations were awarded to Sgt. Eric Seppala, deputies Chad Cummings, Joseph Loftus Michael Lute, Andrew Hale, dispatchers Peggy Richardson, Steve Robinson, Michale Sheflin, corrections officers Kevin Thomas, Michale Cox, Peter Hoy and investigators Tim Weis and Kris Kautz.

Meritorious Service awards: Correction Officer Michael E. Glow, Sgt. Brian M. Frieday, Sgt. Jon R. Szumigala, Genesee Justice Case Manager Cathy T. Uhly, Sgt. James M. Meier, Sgt. Ronald E. Meides.

Weis and Szumigala were at the luncheon on their final days of duty before retirement.

Certificates of Appreciation were handed out to Julie A. Walsh, Mental Health clinical therapist for the JFCAC, Volunteer for Animals,Le Roy Officer Ryan W. Young (now a deputy),Szumigala, Weis and confidential secretary Carolyn A. Della Penna.

Here are the narratives for the awards to Saile and Holman:

OFFICER OF THE YEAR – DEPUTY SHERIFF JASON E. SAILE
Deputy Jason E. Saile has distinguished himself as a proactive, dedicated and enthusiastic Deputy Sheriff leading the “A” line shift for many years in DWI enforcement. During 2015, his 10th year with the Sheriff’s Office, Deputy Saile had his best all-around year, not solely because he continued to be proactive in his enforcement, but because he emerged as a well-rounded, knowledgeable officer who is able to look beyond the laws and regulations to find answers and relief for the citizens and victims he encounters.  Deputy Saile made himself available for extra duty at a time when patrol strength was seriously depleted. He has used his certifications as a Crash Manager and Field Training Officer to enhance the services of the Genesee County Sheriff’s Office. Deputy Saile commands respect with his knowledge, physical presence and his ability to empathize with the victims he encounters. His work has been exceptional. Deputy Jason E. Saile has brought great credit upon himself and the Genesee County Sheriff's Office and most deserves to be named Officer of the Year.

DISTINGUISHED SERVICE AWARDSENIOR EMERGENCY SERVICES DISPATCHER JASON W. HOLMAN
Senior Emergency Services Dispatcher Jason W. Holman has distinguished himself as a member of the Genesee County Sheriff’s Office. For several years, Senior Dispatcher Holman has provided critical insight and assistance with upgrades, maintenance, and operational configurations of the Genesee County Emergency Dispatch Center computer-aided dispatch program, phone systems, and radio consoles. Senior Dispatcher Holman worked closely with the Genesee County Mutual Aid Fire Advisory Board to develop new policies and procedures to enhance and improve communications. His work handling concerns and working with the fire and emergency medical services to find workable solutions has been instrumental in the implementation of new technologies. Senior Emergency Services Dispatcher

Jason W. Holman reflects great credit upon himself and the Genesee County Sheriff’s Office.

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Jason Holman

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Hale, Loftus and Seppala receiving their awards for their conduct on the scene of the alleged murder and arson on Selden Road the morning of Dec. 1.

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Robison and Sheflin receiving their awards for their conduct as dispatchers the morning of Dec. 1.

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Cummings and Lute receiving their awards for rescuing a man from the storm drains under the Batavia Town Square parking lot in November.

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Weis receiving his retirement badge and ID.

To purchase prints of photos, click here.

January 23, 2016 - 5:26am
posted by Howard B. Owens in accident, byron.

A pickup truck is off the road on Route 262 at Bank Street Road, Byron.

Unknown injuries.

Byron and South Byron fire departments dispatched along with Mercy EMS.

UPDATE 5:23 a.m.: Assignment being held to South Byron.

UPDATE 5:28 a.m.: Chief says, "If you can get the heaters going in that pretty good, we're going to have a couple of people sitting in it for awhile."

January 22, 2016 - 9:34am
posted by Howard B. Owens in Veterans Cemetery, pembroke.

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The first deceased veteran could be buried in the planned new veterans cemetery in Pembroke within three years, according to VA officials who presented information on the project at a meeting Thursday night at the VA Hospital in Batavia.

The VA's National Cemetery Administration is completing the planning process now, then an architect will complete the site design, which will enable the creation of construction documents so the project can go out to bid.

Before bidding can open, Congress will need to authorize spending for construction.

Spending approval is likely to be not much more than a formality, said Glenn Madderom, with the cemetery administration. The project has the support of New York's congressional delegation, so it should be included in the 2017 budget that Congress begins working on in October. 

Madderom shared the preliminary site design, which included an outline of an area to be constructed first so that that section could be opened for burials within 18 months of the start of construction.

The drawings shared with the audience of about 100 people, mostly veterans, included the entryway, flag assembly area, public information building, maintenance building, committal shelter and columbarium.

The cemetery has yet to be named. Local veterans are invited to submit name suggestions and one of the criteria for the name is that it have the broad support of area veterans.

It must also be a geographic name that will help anybody in the nation locate the cemetery. It can't be named after a person or other non-geographic identifier. It should have a positive connection to the history of the region.

Local funeral director Ron Konieczny, a veteran active in the American Legion, said that several families whose veteran loved ones have died have had their remains cremated and the urns are stored at Konieczny's funeral home awaiting internment in the new cemetery. What Konieczny wanted to know is, what about families whose loved ones were buried in private cemeteries, could those remains be transferred to the veterans cemetery?

The answer is yes, but the family must pay for the disinterment and transportation to the cemetery. Once the remains arrive at the gates of the national cemetery, the cemetery administration takes over.

There is no cost for any veteran or veteran's spouse and qualifying children to be buried in a national cemetery. The service, casket or urn, burial plot and burial service are all provided at no cost to the family.

Typically, Madderom said, when a new cemetery opens, there are the remains of 100 to 150 veterans waiting to be interred.

Questions about this service included whether married veterans each get their own plot and what about the veteran with multiple spouses.

In cases where both people in a marriage are veterans, both are eligible for their own plot or urn niche, or they could share, if they request that arrangement.

In the case where a spouse dies and both are veterans and they want to be buried next to each other, a neighboring plot is kept vacant. Otherwise, plots are assigned on a first come, first-served basis. There are no plot reservations (say, a request to be buried under a tree or a location with a view) in a national cemetery.

Which raised the question, about the veteran who remarries?

Multiple spouses can be accommodated, said Jim Metcalfe, who will be director of the new cemetery. 

"Yes we do have some veterans out there who do have three spouses buried with them," he said.

Other questions dealt with construction materials and vegetation.

Headstones are all uniform and made of white marble, which can only be obtained in Vermont and Georgia.

Architect Joseph G. Sporko, from the LA Group in Saratoga Springs, said he is looking at locally quarried limestone and bluestone for design elements, such as the entryway, in the cemetery. Native species for trees and plants will be given first consideration for inclusion in the landscape, but the plants must also be functional, such as providing appropriate windscreens.

An audience member asked about using Medina sandstone, but Sporko said there are no longer any sources available for Medina sandstone. A contractor in the audience who deals with stonework agreed with that assessment.

Mark Tillotson, from the VA's Office of Construction and Facilities Management, encouraged anybody who hasn't been to a national cemetery to do so. He said the VA takes a great deal of care in the design and care of veterans cemeteries. People who do visit are easily convinced their veteran loved ones should be lain to rest in such a beautiful setting.

"Once somebody sees a national cemetery, it's really a moving experience," he said.

Top photo: Glenn Madderom. Second photo: Mark Tillotson speaking.

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January 22, 2016 - 8:45am
posted by Howard B. Owens in Le Roy, infrastructure.

Crews are on scene now of a water main break at the intersection of Washington Avenue and Madison Avenue, Village of Le Roy.

There is no ETA available for when repairs will be completed.

January 22, 2016 - 7:10am
posted by Howard B. Owens in crime, batavia, pembroke.
mug_roth_terry2016.jpg mug_hamill_michelle2016.jpg
     Terry Roth      Michelle Hamill

Terry M. Roth, 40, and Michelle Hamill, 48, both of Batavia, are charged with third-degree grand larceny. Roth is also charged with second-degree forgery. Hamill is accused of stealing a credit card from the wallet of an elderly victim who was under her care as a healthcare aide in the victim's residence. The victim is presently under 24-hour care. Roth, accompanied by Hamill, allegedly made $23,000 in unauthorized purchases in Genesee, Erie and Monroe counties. These alleged purchases were documented through surveillance video at the stores, according to State Police. Roth was jailed on $25,000 bail. Hamill was released under supervision of Genesee Justice.

Kyle Robert Ratulowski, 19, of Elenore Place, Batavia, is charged with petit larceny. Ratulowski is accused of shoplifting from Walmart.

Nicole Marie Capretto, 32, of Lewiston Road, Batavia, is charged with petit larceny. Capretto is accused of stealing $100 from the cash register of the Pembroke Arrow Mart along with a 12-pack of Bud Light beer.

Alissa Marie Eastridge, 18, of Summit Street, Batavia, is charged with petit larceny. Eastridge is accused of shoplifting from Walmart.

Ryan James Sundown, 35, of Meadville Road, Alabama, is charged with criminal mischief, 4th, criminal obstruction of breathing, endangering the welfare of a child, and resisting arrest. Sundown allegedly choked the victim, threw her phone to prevent her from calling for emergency assistance and attempted to leave the scene in his truck, striking another vehicle with his son in the backseat. Sundown was allegedly intoxicated.

January 21, 2016 - 10:15pm
posted by Howard B. Owens in accident, east pembroke.

A one-vehicle rollover accident is reported on Wilkinson Road near the railroad tracks.

Unknown injuries.

The caller reports she was unable to get close enough to check on occupants. She said headlights were on and then shut off.

East Pembroke fire and Mercy EMS responding.

UPDATE 10:16 p.m.: Minor if any injuries. "She's out. She's out walking around," reports a chief on scene.

January 21, 2016 - 9:05pm
posted by Howard B. Owens in batavia.

One person has just been taken into custody on Walnut Street after a search by multiple police officers for a group of subjects that were first spotted running across the footbridge connecting Walnut with West Main.

The names of two of the individuals were used by officers and we believe they are warrant suspects, though that is not confirmed.

The subjects apparently tried to hide when they believed they were spotted by a police officer.

There is a search continuing for at least one other individual.

January 21, 2016 - 2:22pm
posted by Howard B. Owens in byron-bergen, schools, education.

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Press release:

This year’s National Geographic Society Geography Bees for grades seven and eight, and grades four through six were held earlier this month at the Byron-Bergen Junior High and Elementary schools. All of the participants qualified after earning high scores on written tests taken in December.

At the Junior High, the top student performers were — Grade eight: Caitlin Ashton, Siomara Caballero, Alex Dean, Kyle Foeller, Sara Fraser, Coltin Henry, Connor Kaminski, Cambria Kinkelaar, Garrett Swinter, Justice Towne, Hannah VanSkiver, Abby Vurraro, and Grant Williams. Grade seven: Nick Baubie, Ricky Denson, Josh Fleming, Colby Leggo, John Mercovich, Isaiah Merrell, Zechariah Merrell, Andrew Parnapy, Deacon Smith, and Josh Swapceinski.

The very smartest Bees on this side of the globe were students Ricky Denson and Alex Dean, who competed in the event’s Championship Round. Denson was able to answer all three final questions correctly and was declared the Junior High School Geography Bee Champion. He was awarded a $25 Amazon.com gift card. As the runner-up, Dean received a $15 Amazon.com gift card.

The next step for Denson will be a written test. If his score is one of the 100 highest in the state, he will be invited to take part in the New York State Bee. State winners compete in the National Geography Bee in Washington, D.C., hosted by Alex Trebek from the “Jeopardy” TV show.

At the Elementary School, there were also many outstanding competitors: Jared Barnum, Dayanara Caballero, Cameron Carlson, Caris Carlson, Braedyn Chambry, Sadie Cook, Evan Cuba, Gianni Ferrara, Emily Henry, Frank Hersom, Grace Huhn, Brooke Jarkiewicz, Ryan Muscarella, Stephanie Onderdonk, Madelynn Pimm, Elizabeth Piper, Carter Prinzi, Elli Schelemanow, Grace Shepard, Ella VanValkenburg, Alexandra Vurraro, Dawson Young, Corden Zimmerman, and Nicholas Zwerka.

The new 2016 Champion Corden Zimmerman, a sixth-grader, will also be taking a written exam in hopes of qualifying for the state competition. Fifth-grader Cameron Carlson was the runner-up.

District teachers and counselors also played a part in the success of the events. At the Elementary School: Judges Craig Schroth, Erin Varley, and Liz Findlay; moderator Rick Merritt; and Bee Coordinator Ken Rogoyski. At the Jr. High School: Judges Rob Kaercher, Matt Walther, and Bryan Kavanaugh; moderator Debbie Slocum; organizer Ken Gropp; and Interim Dean of Students Aaron Clark.

Top photo: Elementary School Geogrpahy Bee Champion Corden Zimmerman.

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Byron-Bergen Junior High School participants in the National Geographic Society Geography Bee for grades seven and eight.

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Junior High Geography Bee Champion Ricky Denson, Mr. Gropp, and runner-up Alex Dean.

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Contestants from grades four through six in the 2016 National Geographic Society Geography Bee at Byron-Bergen Elementary School.

January 21, 2016 - 1:48pm
posted by Howard B. Owens in Barry Miller, bergen, chris collins, NY-27.

Press release:

Congressman Chris Collins (NY-27) today released the following statement after introducing legislation to rename the currently unnamed post office located at 15 Rochester St., Bergen, New York in honor of Bergen resident Barry Miller. If passed, the legislation would rename the post office the “Barry G. Miller Post Office.”

“Barry Miller was beloved by all who were lucky enough to meet him,” Congressman Collins said. “In order to honor his passion for his community and his commitment to helping others, I am glad to introduce legislation renaming the post office in Bergen after Mr. Miller.”

“Barry enjoyed nothing more than serving his community and he dedicated his life to helping the people of Bergen,” stated Tracy and Loretta Miller, Barry’s parents. “This is a fitting tribute to his service, and we look forward to continuing to work with Rep. Collins to make this a reality.”

Barry Miller was a lifelong Bergen resident, graduating from Byron-Bergen High School in 1983 and serving as a member of the Bergen Volunteer Fire Department for 31 years, including 10 as assistant EMS Chief, before he was tragically killed in the line of duty. In addition to working at the Bergen Volunteer Fire Department, Barry was the Genesee County Coroner, a member of the Bergen Town Board, and owner of Miller's Millworks in Bergen and the Beaver River Lodge in the Adirondacks.

January 21, 2016 - 10:22am
posted by Howard B. Owens in crime, batavia, Oakfield, Le Roy.

Josiah C. Yantz, 16, of North Main Street, Oakfield, is charged with third-degree rape. Yantz is accused of non-consensual sexual intercourse with a 14-year-old girl on two separate occasions. Yantz was arraigned and released under supervision of Genesee Justice.

Gregory P. Hamm-Johnson, 25, of Brookville Road, Alexander, is charged with felony driving while impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, uninspected motor vehicle, broken windshield and no driver headlamp. Hamm-Johnson was stopped at 4:12 p.m. Jan. 15 on Water Street, Village of Attica, by Officers James Prusak Jr. and Brian Marsceill. Hamm-Johnson was jailed on $2,500 bail or $5,000 bond.

Tonya Houseknecht, 33, of East Yates Center Road, Lyndonville, is charged with two counts of criminal sale of a controlled substance, 5th, and one count of criminal possession of a controlled substance, 5th. Houseknecht allegedly sold a quantity of lisedexamfetamine dimesylate to an agent of the Local Drug Task Force on two separate occasions. 

Christina M. Sakran, 32, of Kenilworth Terrace, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, ticket. Sakran was turned over to Batavia PD by the Orleans County Sheriff's Office. She was released on $300 police bail.

Gregory S. Yark, 51, no permanent address, Rochester, was arrested on a warrant for alleged failure to appear on a criminal possession of stolen property, 5th, charge. Yark was released on his own recognizance. He also faces charges of criminal possession of a hypodermic instrument and criminal use of drug paraphernalia.

Michael P. Murphy, 31, of State Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on an overnight parking ticket. Murphy posted cash bail and was released.

Jeffrey M. Anauo, 28, of Main Street, Alexander, is charged with DWI, driving with a BAC of .08 or greater, three counts of driving drunk with a child in the car, aggravated unlicensed operation and following too closely. Anauo was reportedly involved in a motor-vehicle accident at 8:05 p.m. Sunday on Walnut Street, Batavia. Anauo was jailed without bail. The accident was investigated by officers Christopher Lindsay and Stephen Cronmiller.

Darryl Robinson, 52, of East Main Street, Batavia, is charged with harassment, 2nd. Robinson allegedly punched another person.

Eric M. Smith, 30, of Ross Street, Batavia, is charged with unauthorized use of a vehicle and petit larceny. Smith was arrested on a pair of warrants. Smith was jailed on an unspecified bail.

Jessica Lauren Ford, 24, of Perry Road, Le Roy, is charged with criminal contempt, 1st, a felony. During a traffic stop, Ford was allegedly found with a person in the car she was barred from contact with by court order. She was jailed on $5,000 bail.

January 21, 2016 - 9:32am
posted by Howard B. Owens in crime, batavia.

The owner of a former vapor shop in Batavia was sentenced in Federal Court yesterday to two years probation and six months home detention for selling counterfeit goods at his store.

Scott Scaccia, 34, of Rochester, owned A Plus Vapes & Deals on Ellicott Street until it was raided by federal authorities in April.

Investigators found that Scaccia was selling counterfeit tobacco vaporizers that were manufactured and distributed from China. Authorities said Scaccia obtained the merchandise from his brother in California and through a Chinese Web site.

Authorities seized 90 counterfeit vaporizers.

Photo: File photo.

January 21, 2016 - 9:23am
posted by Howard B. Owens in bdc, batavia, business.

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Press release:

At a Special Meeting of the Batavia Development Corporation (BDC) early January, President Ray Chaya thanked fellow Board Member Gregg Torrey for serving eight years as a director of the City’s economic development agency. The BDC instituted term limits during Torrey’s tenure. He has represented City business development efforts since June 2007 and served many years as an officer of the organization.

The BDC also elected three new members:

· Mary Valle, second generation Valle Jewelers business owner, active Vibrant Batavia volunteer and former Business Improvement District director;

· Steve Pies, fourth generation Max Pies Furniture business owner and past Genesee County Chamber of Commerce Board president;

· Pier Cipollone, former City Councilman and past BDC Board president.

Fellow Board members include Ray Chaya, Susie Boyce, Peter Casey, Kathy Ferrara, Jay Sackett, Barb Shine and ex-officio member, City Manager Jason Molino. The Board meets the fourth Wednesday of each month at 7:30 a.m. in City Hall.

January 21, 2016 - 9:12am
posted by Howard B. Owens in Veterans Cemetery, pembroke, VA.

The VA Medical Center in Batavia is hosting a public meeting tonight to share information and solicit feedback on the planned veterans cemetery in Pembroke.

The meeting is scheduled from 6:30 to 8 p.m. in Building #4.

Speakers will include Joshua M. de Leon, National Cemetery Administration, Glenn Madderom, Department of Veterans Affairs Cemetary Development and Improvement Service, and Mark Tillotson, Department of Veterans Affairs Office of Construction and Facilities Management.

Officials will provide an update on the project and seek feedback on the master plan and design process.

The proposed 132-acre parcel will serve the burial needs of more than 96,000 veterans and eligible dependents for at least 70 years. The initial phase of construction will develop about 70 acres and provide for 10 years worth of interments.

The VA purchased the property at 1232 Indian Falls Road for $625,000 in May 2014.

January 20, 2016 - 10:06pm
posted by Howard B. Owens in accident, batavia.

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A car vs. tractor-trailer (or maybe a tow truck) accident is reported in the area of 200 S. Swan St., Batavia.

City fire and Mercy EMS responding.

Unknown injuries.

UPDATE 10:29 p.m.: An SUV hit a parked tow truck. The vehicle's passenger side was peeled open bow to stern like a sardine can, but there were no injuries. The accident is under investigation and it's yet to be determined if there will be any charges. What caused the vehicle to hit the truck, whether the driver didn't see it, or the driver swerved for some reason, is unknown at this time.

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