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April 30, 2012 - 3:11pm
posted by Howard B. Owens in crime, Le Roy.

A 24-year-old Le Roy man was sentenced to 90 days in jail and 10 years probation Thursday for downloading and possessing pornography involving children under 17 years old.

Thomas J. Smith, of Main Road, Le Roy, was arrested in December following an eight-month investigation by State Police.

Earlier this year, Smith entered a guilty plea to promoting sexual performance by a child for downloading pornography involving a child under age 17, and a second count of promoting sexual performance by a child for possessing pornography involving a child under age 16.

Both counts are Class E felonies.

Smith will return to Genesee County Court on May 31 for a sexual offender status hearing, which will determine his standing in the New York sexual offender registry.

April 30, 2012 - 2:17pm
posted by Howard B. Owens in batavia.

A 29-year-old Batavia resident has been charged with a hate crime after he allegedly hurled homosexual insults and got into a fight with an acquaintance.

John Gerald Crosby, of Wood Street, Batavia, was charged under section 240.30 (3) of the NYS penal law, which makes it a crime to get into a physical altercation with a person because of the person's real or perceived "race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation."

Aggravated harassment is a Class A misdemeanor with a possible sentence of up to one year in jail.

Deputy Chief Gordon Dibble said according to the report, Crosby's conduct could be described as "direct and in your face and repeated," but declined to provide details citing the ongoing legal process.

"It was pretty intense from what I read in the report," Dibble said. "It's certainly not something somebody should have to put up with."

While hate crime charges in Genesee County are rare, they do happen from time to time, Dibble said.

The incident is alleged to have occurred at 11:45 p.m., April 20, at a location on Lewiston Road, Batavia.

Crosby was arraigned Friday in Town of Batavia Court and released on his own recognizance pending an appearance May 21.

April 30, 2012 - 1:47pm
posted by Howard B. Owens in schools, education, elba.

The Elba Elementary Central School will operate under the supervision of an interim principal for the remainder of the school year, according to District Superintendent Jerry Piwko.

Last month, the school board was unable to reach a consensus on who to hire permanently for the position and two weeks ago, Tom Cox, a retired administrator from Lyndonville, was placed into the job temporarily.

A new recruitment and interview process won't start until the school year closes, Piwko said, adding that he hopes a new principal can be hired by August, if not sooner.

"The sooner the better, and we'll go from there," Piwko said.

The position has been vacant since early December, when former principal Jason Smith resigned to accept a superintendent's job in Lyndonville.

"Jason is a great person and a great administrator and he was offered a great opportunity," Piwko said.

The process used to try and find a replacement for Smith involved a faculty search committee, a second interview community, parental involvement and the final two candidates interviewed with Piwko.

However, at their April meeting, the board was unable to come to an agreement on hiring a candidate.

Piwko said the process will be reviewed and he anticipates using a similar process this summer.

April 30, 2012 - 12:31pm
posted by Howard B. Owens in batavia, crime, alexander, Darien, Alabama.

Gorge L. Correa, 19, of 72 Ward St., F, Rochester, is charged with criminal possession of a weapon, 4th, trespass and possession of marijuana; Arami Morales, 16, of 72 Ward St., F, Rochester, is charged with harassment, 2nd, resisting arrest and trespass; Markeef H. Royal, 23, of 9 Beechwood St., Rochester, is charged with trespass; Joshua L. Burris, 22, of 21 Baumen St., Rochester, is charged with trespass; Malik J. Johnson, 19, of 916 Plymouth Ave., Rochester, is charged with trespass. The five suspects were arrested after Batavia PD responded at 6:40 a.m., Sunday, to a report of a disturbance at the Batavia Gardens Apartments, 679 E. Main St., Batavia. Morales is accused of hitting Officer Darryl Streeter. Further investigation led to the alleged discovery of a handgun and marijuana in the vehicle of Correa. Burris was turned over to Rochester PD on an arrest warrant. Correa and Morales were arraigned in Batavia City Court and jailed on $5,000 bail each.

Joel D. Prouty, 25, of Maple Avenue, Oakfield, is charged criminal contempt, 1st, unlawful imprisonment, 2nd, and criminal mischief, 4th. Prouty is accused of violating an order of protection by slammng a woman who is seven-months pregnant into a doorway and threatening to punch her in the stomach. Prouty also allegedly smashed the woman's mobile phone while she tried to call 9-1-1 and restrained her against her will. Prouty was jailed on $5,000 bail.

Gary Robert Dean, 61, of Buffalo Street, Alexander, is charged with felony aggravated unlicensed operation, DWI and a violation of unlicensed operation. Dean was stopped at 9:32 p.m., April 4, on Broadway Road, Alexander, by Deputy Howard Carlson.

Marquis Kwanaine Saddler, 21, of Brockport-Spencerport Road, Sweden, is charged with violation of sentencing conditions. Saddler was arrested by Village of Brockport PD on a warrant out of Batavia City Drug Court and jailed on $100,000 bail.

Raymond Kyle Jonathan, 23, of Bloomingdale Road, Alabama, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 2nd, unlicensed operator and failure to stop at stop sign. Jonathan was arrested by Deputy Kevin McCarthy following an investigation into a rollover accident at 3:17 a.m., Sunday, at 890 Judge Road, Basom.

Tara L. Hall, 33, of 132 State St., lower, Batavia, is charged with two counts of harassment, 2nd. Hall is accused of threatening two people.

Jennifer L. Stack, 25, of 5861 Walkers Corners Road, is charged with failure to appear. Stack was arrested after being located at an apartment on South Main Street during a disturbance at that location. Stack was jailed on $500 bail.

Sky M. Lewis, 18, of 38 Walnut St., lower, Batavia, is charged with endangering the welfare of a child. Lewis is accused of fighting with another person while in the presence of two young children.

Shawn Michael Kwiatek, 33, of Alleghany Road, Darien, is charged with unlawful dealing with a child. Kwiatek is accused of bringing alcohol to a party and serving it to people under age 21.

April 29, 2012 - 9:38pm
posted by Howard B. Owens in crime, Le Roy.

A person apparently tried to steal a Milton Cat excavator from a location on Craigie Street, Le Roy, and damaged the machine in the process.

The attempt was made some time between Friday about 11:30 a.m. and Sunday about 4 p.m..

According to Le Roy Police, a person apparently tried to hot-wire the excavator, breaking open a control unit and cutting wires.

The excavator was parked on Craigie Street as part of a gas line replace project in the area.

Any person with information pertinent to the investigation, or who may have seen people around the excavator, are asked to call Le Roy PD at 768-2527.

April 29, 2012 - 8:00am
posted by Howard B. Owens in sports, track and field.

Saturday, athletes from throughout the region converged on Batavia HS to compete in the annual invitational track and field event. These photos were submitted by Bare Antolos.

Here's a link to the results.

April 29, 2012 - 12:17am
posted by Howard B. Owens in sports, soccer.

Soccer players from throughout the region were in Batavia on Saturday for an Olympic soccer clinic. These photos are from a session held at Genesee Community College in the afternoon.

April 29, 2012 - 12:00am
posted by Howard B. Owens in GCC.

It was all about looking good today at GCC as the college hosted its 31st annual fashion show, this year titled "Soiree."

Hundreds of students and faculty participated. Students from the fashion business program showed off their design skills and students from the tourism and hospitality management program helped put the program together.

Several local businesses also donated services to help make the show possible.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

April 28, 2012 - 10:44pm
posted by Howard B. Owens in batavia, YMCA.

Genesee County children were invited to the YMCA today to kick-off spring and summer with Healthy Kids Day, a free community event where children could play, exercise, meet firemen, the Muckdog's mascot and learn about healthy choices.

April 28, 2012 - 8:15pm
posted by Howard B. Owens in fire, Pavilion.

Pavilion Fire Department, non-emergency, is responding to a barn fire that's almost out at 6305 Sparks Road, Pavilion.

The call started with a report about 15 minutes ago of an unknown type fire in the area of Sparks Road and Transit Road.

A lot of smoke was reported in the area.

It's unclear how the fire got to the point that it's almost out.

UPDATE 8:27 p.m.: Bethany Fire Department was also dispatched to this, now both Pavilion and Bethany are providing mutual aid to put out a structure fire on Wyoming Road in Wyoming County.


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April 28, 2012 - 11:24am
posted by Howard B. Owens in batavia, pembroke, Le Roy.

Today you can get rid of outdated or unneeded medications safely with no questions asked at drug drop-off points throughout the county.

There is one behind the Batavia PD station, one at the Le Roy PD and Pembroke Town Highway barn on routes 5 and 77.

Drugs can be dropped off until 2 p.m.

April 27, 2012 - 6:40pm
posted by Howard B. Owens in batavia, downtown.

Dozens of local residents walked through downtown late this evening in memory of crime victims as part of Crime Victims Week. After the walk, people gathered at City Centre for a talk by Sandie Bellows, a survivor of a harrowing crime.

April 27, 2012 - 6:29pm
posted by Howard B. Owens in politics, David Bellavia, NY-27.

David Bellavia has fallen behind on his property taxes and city fees in recent years, the Buffalo News reported today, and while he has paid penalties for being late, he's up-to-date on all of his payments currently.

The Batavia resident is running for the GOP nomination in the 27th Congressional District.

According to the Buffalo News, Bellavia has paid more than $700 in penalties for being late on school property taxes and has been assessed more than $100 in penalties for being late with water and sewer payments.

Bellavia told the News he's had his struggles with finances just like any average Western New York resident.

“I’m not a millionaire; I’m not a country club Republican,” he said. “Yes, my family on occasion has been late paying bills, but they are paid in full, including fees and interest.”

The Iraq War veteran earns money from book sales and according to the News recently sold a movie script to Hollywood.

Bellavia, who backed Tea Party candidate Jack Davis in the May 2011 special election won by Kathy Hochul, is running against former Erie County administrator Chris Collins. Jane Corwin, the GOP nominee who lost the special election in the heavily Republican district was reportedly tightly aligned with Collins and Collins is reportedly working now with the Corwin campaign team.

Photo: File photo.

April 27, 2012 - 4:00pm
posted by Howard B. Owens in batavia, business, downtown, BID.

Coffee Culture won the Spirit of Downtown Business Award on Friday, presented by the Business Improvement District.

Brenda Richardson (center in the photo above), manager of Coffee Culture, accepted the award and was praised for her efforts to make Coffee Culture a vital part of downtown life and business. 

Another Spirit of Downtown Business Award went to Tonawanda Valley Federal Credit Union and the BID Volunteer Award went to Susan Blanchard. Blanchard is out of town and accepting on her behalf were Travis Minor and Carolyn Pratt.

Dorian Ely, of the Genesee County Office for the Aging, was also presented with a BID Volunteer Award, for her the time and effort she volunteers for the BID.

BID Director Don Burkel

BID President John Roche

Design Committee Chair Victor Gautieri

Promotion Commitee Chair Mary Valle

April 27, 2012 - 2:43pm
posted by Howard B. Owens in batavia, crime, Oakfield.

Steven M. Mogle, 56, of 28 Greenbriar Drive, Lancaster, is charged with menacing, 2nd. Mogle was charged after he allegedly brandished a handgun during an argument over a parking spot with another driver at Tully's on East Main Street, Batavia. Mogle has a NYS pistol permit for the weapon.

Stacy Lynn Maholick, 24, of Route 20 Alexander, is charged with falsifying business records, 1st, and petit larceny. Maholick is accused of completing 11 false merchandise returns and taking cash for the returns while employed at Radio Shack on Veterans Memorial Drive, Batavia.

Brian Paul Griffen, 27, of South Pearl Street, Oakfield, is charged with burglary, 3rd, and grand larceny, 4th. Griffen was arrested in connection with an alleged incident reported at 11 p.m., June 7. No further details were released.

Jacob W. Johnson, 24, of 2609 School St., East Pembroke, is charged with criminal contempt, 2nd. Johnson is accused of harassing a woman who is protected by a court order.

April 27, 2012 - 11:47am
posted by Howard B. Owens in Sheriff's Office, Genesee County Jail.

Press release:

The Genesee County Sheriff’s Office recently filled two vacant correction officer positions with the hiring of Michael J. Robinson and Michael E. Glow. These two correction officers graduated in a class of 20 from the Erie County Basic Corrections Academy yesterday, April 26, 2012.

The speakers at the graduation were Erie County Undersheriff Mark Wipperman and Erie County Deputy Executive Richard Tobe. Training at the academy included instruction in the care and custody of inmates, inmate supervision, defensive tactics, firearms training, and other topics pertaining to corrections.

Correction Officer Michael J. Robinson is a 2000 high school regents graduate from Oakfield-Alabama Central School and a 2003 graduate from Genesee Community College with an Applied Associate Degree in Criminal Justice. C.O. Robinson was previously employed as a mental health therapy aide for the New York State Office of Mental Health and as a security guard for Batavia Downs. C.O. Robinson enjoys roller and ice hockey and is Booster Chairman of American Legion Post 626 in Alabama, New York. He is a current resident of Elba.

Correction Officer Michael E. Glow is a 1998 graduate from Batavia High School and a 2002 graduate from Hilbert College with a Bachelor of Science Degree in Criminal Justice. C.O. Glow was previously employed as a collector for Admin Recovery, Creditors Interchange, Evans Law & Everest Receivable as well as being a foster care attendant for Genesee County Social Services. C.O. Glow is affiliated with Hometown Hoops for Hope and is a basketball counselor at YMCA’s Camp Hough and at Hilbert College’s basketball camp. He is a current resident of Batavia.

Sheriff Maha stated, “Correction officers Robinson and Glow are great assets to the Genesee County Sheriff’s Office Jail Division. They are both very dedicated, hard-working, and responsible employees. We are pleased to have them as part of our team."

April 27, 2012 - 11:43am
posted by Howard B. Owens in batavia, Kiwanis, law day, bar association.

The Batavia Kiwanis Club and the Genesee County Bar Association held their annual Law Day dinner at Bohn's Restaurant on Wednesday night.

Deputy Brian Thompson (top photo) received the Kathy Seymore Volunteer Service Award.

Winners of Criminal Justice Awards were: Andre R. Dunlap, investigator, New York State Police Troop “A”; David E. Gann, retired from the Genesee County District Attorney’s Office (second photo); Edward M. Minardo, currently jail superintendent; Michael A. Messina, chief of police, Buffalo/Batavia Veterans Administration Police Forces, and Colleen M. Marve, coordinator, Justice for Children Advocacy Center.

The Pembroke High School Mock Trial Team was honored for winning the regional championship (third photo).

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

After the jump (click on the headline), the press release for the awards:

Press release:

April 27, 2012 - 9:00am
posted by Howard B. Owens in agriculture.

Dean Norton, president of the NYS Farm Bureau, and Elba resident, provided the following statement on the Department of Labor's decision regarding proposed rule changes for children working on farms:

We at NYFB are extremely grateful for the public outcry over the regs that UDOL had proposed and appreciate the action by the farming community to make their collective voice heard on what would have been some very intrusive rules for farm families. It is refreshing to see that common sense was achieved in the withdrawal of the proposed rules.

As provided by Norton, here's the statement from the DOL:

“The Obama Administration is firmly committed to promoting family farmers and respecting the rural way of life, especially the role that parents and other family members play in passing those traditions down through the generations. The Obama Administration is also deeply committed to listening and responding to what Americans across the country have to say about proposed rules and regulations. As a result, the Department of Labor is announcing today the withdrawal of the proposed rule dealing with children under the age of 16 who work in agricultural vocations. 

The decision to withdraw this rule – including provisions to define the "parental exemption" – was made in response to thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms. To be clear, this regulation will not be pursued for the duration of the Obama Administration. Instead, the departments of Labor and Agriculture will work with rural stakeholders – such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H – to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.”

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Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

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