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Mexican citizen arrested in Elba admits to illegal re-entry to the U.S. after deportation

By Howard B. Owens

A Mexican citizen barred from ever entering the United States again after serving a prison term on a rape conviction has pled guilty to re-entry after deportation in federal court.

Jose Maria Agustin, 43, arrested in Elba a year ago following a raid of a property by the Sheriff's Office and Homeland Security, faces a possible sentence of 20 years in prison and a $250,000 fine.

In 2009, Agustin was convicted in California of forcible rape and assault with a deadly weapon. After serving a five-year prison term he was deported. 

Agustin was located in Elba following an investigation by Immigration and Customs Enforcement and the Sheriff's Office. He was arrested locally on a charge of sex offender failing to report a new address. He had not registered in New York and was working in the United States without authorization.

Few children in area suffer from lead poisoning, but it's an issue parents should monitor

By Howard B. Owens

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Children being exposed to lead, leading to higher risk of learning disabilities and a risk for other health issues, has regularly been in the news ever since contaminated water was found to be flowing into the homes of Flint, Mich.

This week, the Reuters news agency released a report indicating that 3,000 neighborhoods across the nation seem to have high lead contamination levels.

No neighborhoods in Genesee County appear to be on that list, according to data available through a New York State website that tracks reports of lead poising in children.

In 2012, only four children under age 2 of the 1,036 in the county who were tested had elevated lead levels detected in their blood samples.

Paul Pettit, director of the health departments in Genesee and Orleans counties, said the relevantly few children with elevated lead levels does seem to confirm that there is no widespread contamination in the community.

That doesn't mean it's not an important issue, he said.

The likely culprit in the four cases is lead paint in homes.

Any housing unit built before 1978 may contain lead paint. The paint on older homes chips or gets ground into dust by the opening and closing of doors and windows, and lead particles can fall into carpet or onto flooring where children crawl.

The easiest way to remediate lead paint is to paint over it, which doesn't eliminate the lead paint but does stop the lead particles from spreading. Children can also be exposed to lead while visiting a friend or family member's house, or if parents work in an environment where lead is present and it attaches to clothing or shoes. 

Pettit said parents should have their children tested at age 1 and age 2, for sure, though lead continues to be a risk factor for children through at least age 6.

Typically, the test is conducted in the office of a primary health care physician. It consists of a pinprick on the child's finger and the blood can typically be tested right in the office.

If elevated levels are detected, the child is typically referred to a lab where blood can be drawn and more thoroughly tested.

Ideally, a child will have no lead detected in his or her blood.

The amount of lead is counted by micrograms per deciliter, abbreviated to mcg/dL.

Of the four children in 2012 with elevated lead levels in their blood, one fell within the 10 to 15 mcg/dL range and three were above 15.

Those levels are consistent with a child being exposed to lead paint particles, Pettit said.

When you start seeing children with counts of 50, 60 or higher, it usually means they've ingested something contaminated with lead, such as a paint chip.

In 2012, about 50 to 60 percent of the children who should have been tested for lead were tested for lead, Pettit said.

More recent data was not readily available, but Pettit said of his 20 years involved in public health in the two counties, the numbers of children with elevated lead levels has remained pretty consistent.

When a child is found to have elevated lead levels, in the range up to 15 mcg/dL, the health department works with the parents where the child lives to eliminate possible sources of lead.

When the level is over 15, the process is more involved, Pettit said.  Personnel from the health department visit the home and do a lead risk assessment and develop with the homeowner or landlord a corrective action plan. Landlords are typically cooperative, but the department can issue a "notice and demand" to remediate any problems identified. 

"At 15 and above, it is a serious health issue to the child," Pettit said. "We take intervention steps to stop it."

When levels of 50 or 60 mcg/dL, children are hospitalized so the lead can be removed from their blood.

Lead poisoning in children is associated with cognitive issues and health issues can include decreased bone and muscle growth, poor muscle coordination, damage to the nervous system, kidneys and hearing.

Petit said he welcomed the opportunity to talk about the issue because he would like to see more awareness among parents on the importance of testing. Every child should be tested.

Kiwanis Club ready to spread a little Christmas cheer with local families

By Howard B. Owens

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Members of the Kiwanis Club of Batavia were at their Secret Santa location yesterday getting ready dozens of holiday tote bags and other gifts for families that will be invited today to that location to pick up the care packages, receive gifts and visit with Santa.

The project is an annual event organized by the Kiwanis Club.

The families receiving the assistance are identified by local organizations and invited to the event.

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Car drives into Burger King building in Le Roy

By Howard B. Owens

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A car has driven into the Burger King on West Main Street in Le Roy.

There are no injuries, no utilities damaged. The driver is out of the car.

Le Roy fire responding. Le Roy ambulance dispatched as a precaution.

UPDATE 8:19 a.m.: Le Roy assignment back in service. Scene turned over to law enforcement.

UPDATE: Reader-submitted photos added.

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Batavia schools to implement new program to help students who are falling behind in studies

By Howard B. Owens

In an effort to help students who are falling far behind in their studies, to the point where the students start to lose hope of catching up, principals Scott Wilson, Batavia High School, and Ashley John Grillo, Batavia Middle School, have developed an innovative new afterschool program to help the students make up for lost time.

Wilson described the program as "creative" at Tuesday's meeting of the City Schools Board of Trustees.

The board unanimously approved implementation of the program after Wilson's presentation.

The program will be held at the high school on Mondays through Thursdays from 3:30 to 5:30 p.m.

Wilson said he would anticipate from five to 15 students participating in each five-week segment.  

There would be a rotating group of teachers running the sessions each day and the program uses online courses designed to help students with makeup work as well as group learning.

"The goal is to have enough progress for the students to recover," Wilson said.

Students fall behind for a variety of reasons, from home life, to illness to other distractions and they often would like to keep up with their school work, Wilson said. That's hard to do when each day is filled with the current day's schoolwork.

During the course of the academic year, students get grades that are really just progress markers, Wilson explained, but the most important grade comes at the end of the school year, so the goal of the program is to provide midyear course correction for those who "go off-roading," Wilson said.

Wilson hopes to implement the new program starting in January.

When a baby stopped breathing, one of Settler's regular customers saved her life

By Howard B. Owens

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There's a family in Batavia whose Christmas is going to be a whole lot brighter thanks to Liz Machala.

That's because there's a baby who is alive who might not be if not for Machala's ability to remain calm under stress and her knowledge of CPR.

Yesterday at Settler's Restaurant, Machala was eating lunch with friends, as she often does on Tuesdays at Settler's, when there was a big commotion on the other side of the restaurant.

"The father was yelling, 'she's not breathing, she's not breathing, somebody do something.' "

Restaurant owner John Spyropoulos immediately called 9-1-1 and dispatchers sent an ambulance for a 6-month-old in cardiac arrest.

Machala rushed from her seat and found the baby was turning blue.

"I turned her on her side," Machala said. "I pounded her on her back. I stuck my fingers down her throat. She had something stuck. I pounded her on her chest and flipped her over again to pound her on her back and she started screaming."

Machala said her only thought at that point was, "I'm happy."

The baby was transported to Strong Memorial Hospital for evaluation and this morning the baby's mother came in the restaurant and said she wanted to do something for Machala but Machala said she isn't looking for any attention.

She doesn't like a lot of attention on herself she said and was a bit reluctant to even talk with a reporter about yesterday.

"Anybody would have done what I did," she said. "Unfortunately, nobody did. People don't like to get involved. I, unfortunately, am one of those people who will get involved and get my ass kicked in the end." 

Machala learned CPR when she worked with mentally disabled people years ago.

This morning, Machala was in Settler's, as she usually is on Wednesday morning, with a group of friends.

As she was leaving, and the friends were all wishing each other a Merry Christmas, one of them told her, "Liz, I'm proud to know you."

"Now you're making me blush," Machala said.

UPDATE Thursday, Dec. 22, 10:20 a.m.: Falicia Tuczai posted the following on our link on Facebook:

I do not want my corrections to come across as rude, or negate the fact that I am truly grateful beyond measure for the impeccable aid my daughter received from Liz and everyone's assistance. But because this has gained so much publicized attention, I wanna clear up any inaccurate facts. First, I wanna bring attention to the other nurse that was involved in helping my daughter. She too was present, and from what I've gathered was actually the one who performed CPR. She certainly deserves as much praise as the lady already mentioned. However, I will not disclose her name with not having any type of prior consent. Thank you both sincerely for all your efforts in helping my daughter! We could obviously never repay such an act! The article does mention the "mother" going to the restaurant this morning to repay this nurse, however, that was not me as I have been with my daughter at the hospital. Additionally, my daughter's age is actually 14 months old. What she suffered from was a seizure. This has now been a reoccurrence to one she had in August. We hope to find answers to these sporadic unexplained episodes, but all things set aside she is healthy and happy and doing extremely well! So we appreciate all who were aware that reached out to us to check on her. As far as cardiac arrest, that is not something that occurred. It is common for the heart to shallow to a point it's hard to detect for a brief moment till your body stabilizes naturally. As she may have had food in her mouth, the seizure is what caused her to choke not visa versa. Seizures themselves are non-life threatening. It's other sources such as eating, driving etc. while an episode is happening that can be. I would never wish this experience on anyone, but with how common I learned of them to be, it never hurts to be knowledgeable on how to aid someone properly during a seizure and recognize the signs! It can be very intense and scary. Golisano children's neurological team has been amazing both times in our scares to bring comfort and awareness to us as well. And again thank you all so much to the nurses, EMTs, Drs Etc as well the outpouring of concern we received. Macie is one blessed and loved little girl.

Students at Jackson School show school board some of what they're learning

By Howard B. Owens

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During Tuesday's City Schools board meeting, held at Jackson School, students and their teachers did a show-and-tell on some of the skills they've been learning through innovative classroom activities.

Above, kindergarteners count in increments of two to start a demonstration that included jumping in increments of two on a floor map, and then on a second trip through the map, picking up building blocks, which provides a lesson in groups and multiplication. Their teacher is Melissa Mattice.

Bottom photos, teacher Jessica Torrey works with her students in first grade on a demonstration of their writing and storytelling abilities.

During her presentation about progress at the school, Principal Diane Bonarigo said teachers and staff are very aware that the study skills and attitudes toward learning developed in kindergarten and first grade will have a big impact on a student's ability to eventually graduate from high school. 

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Batavia man accused of selling heroin to task force agent

By Howard B. Owens
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     Victor Guy

A 30-year-old Batavia resident has been arrested on a warrant for allegedly selling drugs to an agent of the Local Drug Task Force.

Victor D. "Grimes" Guy, of Pearl Street, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

It's alleged that Guy sold heroin to an undercover agent on two separate occasions.

He was picked up on the warrant after being arrested by Batavia PD on Saturday on an unrelated incident and then turned over to the task force on the warrant.

He was arraigned in County Court yesterday and jailed on $25,000 bail or $50,000 bond.

Guy was arrested this week by Batavia PD on charges of criminal possession of a controlled substance, 7th, obstructing governmental administration and DWAI drugs.

In 2012, Guy was accused of dealing crack cocaine. Information is not immediately available on the resolution of that case, but the Department of Correction's website indicates Guy has never served a prison term.

Post recommendations to ShopLocal.TheBatavian.com for a chance to win a $100 gift certificate for Adam Miller

By Howard B. Owens

Visit ShopLocal.TheBatavian.com before Dec. 27 and post recommendations for your favorite local businesses for a chance to win a $100 gift certificate for Adam Miller Toy and Bicycle.

Each recommendation posted increases your chances of winning.

The winner of the Valle Jeweler's gift certificate was Penny Hogan, of Le Roy, for her recommendation for R&D Outlet Center.

UPDATE 10:25 p.m.: I just discovered a code error introduced into the code this morning that was preventing recommendations posted today from being saved. It was redirecting people to the home page instead of completing the process. It is fixed now.

Mother accused of leaving twins home alone before fatal fire hires new attorney

By Howard B. Owens

The former Batavia resident who is accused of leaving her twin sons home alone one night in May before they died in a fire has hired a new criminal defense attorney.

Benjamin Bonarigo Sr. is now representing Heather Ace.

Ace is charged with two counts of endangering the welfare of a child.

The 25-year-old Stafford resident appeared in Batavia Town Court yesterday with her new attorney, who replaces Public Defender Jerry Ader.

No other actions were taken on her case and she is scheduled back in court in January.

She has pled not guilty to the charges.

According to court documents, Ace went out the night of May 26 after putting her kids to bed at 8 or 8:30 p.m. behind a door locked on the outside. She intended to go to the movies, according to statements, but instead went to a friend's house, smoked some marijuana and then went to a store and bought an alcoholic beverage called Four Loko. She then went to another friend's house and hung out.

Her mother called her to tell her her house was on fire. Ace was reportedly distraught and rushed to the house.

Micah and Michael Gard, both 2, succumbed to smoke inhalation, according to reports.

(Our news partner WBTA contributed to this report.)

County's new outdoor ice skating rink has ice

By Howard B. Owens

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Tim Hens clears snow from the new outdoor ice skating rink at DeWitt Recreation Area in Batavia and he said the rink should open today, but if not today, tomorrow.

The rink was made possible when the Town of Oakfield donated it to the county for use in DeWitt.

Most days while there is ice will be open skating, Hens said, but he anticipates having puck and stick days (no hockey games, and there are no nets) on Tuesdays and Thursdays.

Staff from Cedar Street Sales and Rentals are helping maintain the rink during the winter.

Photos: A winter view from atop the Old Courthouse

By Howard B. Owens

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D.J. Snyder, a maintenance mechanic with Genesee County, shared these pictures he took from the cupola of the Old Courthouse in Batavia. He was up there with coworker Randy Boyce to replace fuses in the star hanging on the west side of the cupola.

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Pedestrian hit by car at West Main and North Lyon, Batavia

By Howard B. Owens

A pedestrian has reportedly been struck by a car and there is a reported injury at West Main Street and North Lyon Street, in the City of Batavia.

City fire and Mercy EMS responding.

UPDATE 9:31 a.m.: Minor, if any, injury. Patient transported to UMMC for evaluation. Adult male. No damage to vehicle. 

Psychiatric exams confirm Kyle Johnson has mental disorder, a danger to society

By Howard B. Owens
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      Kyle Johnson

After completing mental health evaluations, two doctors have found that Kyle G. Johson, who killed a neighbor and then set his own house afire on Selden Road in Le Roy on Dec. 1, 2015, is a present danger to himself or others because of a psychological disease or disorder.

Based on the medical reports, Interim Judge Micheal Pietruszka this morning confirmed the finding and ruled that Johnson has a dangerous disturbance of his behavior, thinking, feeling or judgment.

In August, Johnson was confined to the mental hospital in Rochester and ordered to undergo care, counseling and rehabilitation. This morning, Pietruszka confirmed the sentence and ordered him held until he is found to no longer be a danger or mentally disturbed, if indeed he is ever deemed mentally healthy again.

The morning of Dec. 1, 2015, Johnson walked to a neighbor's house, entered through an unlocked door and went into the bedroom of Norman Ball and shot him in the head while he slept.

Johnson then returned to his residence and set it on fire. 

When firefighters and a police officer arrived at the fire, Johnson tried to shoot them.

After a several-hour stand-off that involved emergency response teams from Genesee and Monroe counties as well as law enforcement officers from the Sheriff's Office, Batavia PD, Le Roy PD and Monroe County, Johnson was taken into custody without any further violence.

For prior coverage about Kyle Johnson, click here.

Black lab 'Baloo' is missing

By Howard B. Owens

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Baloo (bah-loo) is missing.

This 2-year-old black lab is not fixed, had no tags at the time he went missing, and had on a camo collar.

He ran from his home in Stafford on Sunday morning and hasn't been seen since.

UPDATE Noon: Baloo has been located and is safe.

Law and Order: Batavia man accused of menacing a police officer

By Howard B. Owens

Kevin G. Viehdeffer, 56, of East Main Street, Batavia, is charged with menacing a police officer. Viehdeffer allegedly brandished a knife toward a police officer during an investigation into an incident involving Viehdeffer at 11:23 p.m., Friday. He was ordered held without bail.

Victor D. Guy, 30, Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th, obstructing governmental administration, DWAI drugs, failure to yield right of way on left turn and aggravated unlicensed operation, 3rd. Guy was stopped for an alleged traffic violation at 12:59 a.m. Saturday on Liberty Street, Batavia, by Officer Christopher Lindsay. Guy was allegedly found in possession of crack cocaine and heroin. He was turned over to the Sheriff's Office on a warrant.

James Robert Pursel, 51, of Jackson Street, Batavia, is charged with assault, 3rd. Pursel allegedly struck another person with a framing nailer during a verbal argument. The incident was reported at 2:04 p.m., Thursday, at 4140 Veterans Memorial Drive, the location of Peebles Department Store. Pursel was arraigned in Batavia Town Court and released on his own recognizance.

Rosemary Waters, 30, of Liberty Street, Batavia, is charged with petit larceny. Waters allegedly stole four packages of eyeliner from a West Main Street business.

Melissa J. Stratheam, 32, of Dellinger Avenue, was arrested on a warrant for alleged failure to appear. Stratheam posted $300 cash police bail and was released.

Joey A. Evans, 26, of Hutchins Street, Batavia, is charged with possession of a hypodermic instrument and unlawful possession of marijuana. Evans was arrested following an investigation into a reported disturbance on Ellicott Street at 1:58 p.m., Wednesday. Evans was held on $5,000 bail or $10,000 bond.

Gregory F. Frieday, 32, of Osterhout Avenue, Batavia, is accused of criminal mischief, 3rd. Frieday was ordered held without bail.

Danny D. Williams, 28, of Pearl Street, Batavia, is charged with grand larceny, 4th. Williams was arrested following an investigation into a report of a stolen vehicle on Washington Avenue at 11 p.m., March 18. He was jailed on $7,500 bail.

Holden W. Byer, 25, of West Main Street, Batavia, was arrested on a warrant. Byer was arrested by Warsaw PD and turned over to Batavia PD on two bench warrants for alleged failure to comply with terms of his release under supervision of Genesee Justice. He was jailed on $5,000 bail.

Andrei P. Sliker, 25, of Hutchins Street, Batavia, is charged with criminal possession of a hypodermic instrument. Sliker was charged when allegedly found in possession of a needle during an investigation into an unrelated incident at 9:15 p.m., Dec. 13.

James Marion Spangler, 40, of Pringle Avenue, Batavia, is charged with strangulation, 2nd, assault, 3rd, criminal mischief, 4th, and criminal mischief, 3rd. Spangler was allegedly involved in a physical domestic at 11:55 p.m., Dec. 15, at a location on Pringle Avenue, Batavia.

First-graders at St. Joe's donate their own money to buy presents for patients at Golisano

By Howard B. Owens

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Press release:

Miss Zambito’s first-grade class at St. Joe’s Catholic School spent the first few weeks of December raising their own money for a very special cause. These first-graders generously collected $160 of their chore, birthday and tooth-fairy money to purchase gifts for the girls and boys at Golisano Children’s Hospital.  

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