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Photos: Turkey Trot in Oakfield

By Howard B. Owens

More than 100 runners and walkers turned out in 19-degree weather this morning for Oakfield's annual Turkey Trot 5K.

The winner was Gabriel Bender (bottom photo).

Genesee County's unemployment rate dips slightly from last month

By Howard B. Owens

Genesee County's jobs picture weakened slightly month-over-month for September to October, but is still better than a year ago.

The unemployment rate stands at 6.1 percent for October, compared to 6 percent for September and 7.2 percent for October 2012.

There were 29,400 non-farm jobs reported in the county for October, down from 29,200 in September, but still higher than the 29,100 jobs reported in October 2013.

The unemployment rate in Orleans County is 7.7 percent, and 6.4 in Livingston and 6.5 in Wyoming.

The state's rate is 7.5 percent and the nation's rate is 7 percent.

Ten counties around New York have reported unemployment rates of 6 percent or lower. Yates has the lowest rate in WNY at 5.2 percent. Rochester is 6.7 percent and Buffalo-Niagara is 7 percent.

East Pembroke Fire Department sign hit by car

By Howard B. Owens

A car has hit the East Pembroke Fire Department sign and a child in the vehicle suffered a minor injury.

East Pembroke fire and Mercy EMS responded.

Good sledding snow remains in the forecast

By Howard B. Owens

Brandon Betances pushes his 6-year-old daughter Laura down the hill at Centennial Park late this afternoon in the midst of a short lake effect snowfall.

Continued lake effect snow is in the forecast tonight through Friday.

City Church hosts free Thanksgiving dinner

By Howard B. Owens

City Church hosts annual Thanksgiving Community Dinner at the Generations Center on Center Street.  The chuch will serve a free traditional dinner of turkey, stuffing, mashed potatoes, etc.  An anticipated 300 local residents are expected.  All are invited for this free meal.

Event Date and Time
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Three-car accident reported on Veterans Memorial Drive

By Howard B. Owens

A three-vehicle accident is reported on Veterans Memorial Drive, Batavia, across from Peeble's.

One occupant reportedly has minor injuries.

Traffic is blocked.

Town of Batavia fire and Mercy EMS responding.

UPDATE 5:40 p.m.: Town of Batavia fire back in service.

Car into guard rail on Route 77, Pembroke

By Howard B. Owens

A car has hit a guard rail on Route 77 in the area of the TA Travel Center.

There's one occupant in the vehicle.

No word on injuries.

Pembroke and Indian Falls fire departments along with Mercy EMS dispatched.

UPDATE 5:17 p.m.: The disabled vehicle is blocking traffic. Minor injuries reported.

UPDATE 5:27 p.m.: To help clear traffic and get the car moved, a chief has placed the patient is his vehicle and parked in the TA parking lot. Mercy EMS is still in route.

UPDATE 5:43 p.m.: Pembroke and Indian Falls back in service.

Suspect says 'out of control' addiction to crack cocaine led to robberies

By Howard B. Owens

Mark Maltese Robert Grant

In a statement admitting to all three robberies in Batavia and Oakfield over the past week, suspect Mark J. Maltese said the $550 he said he got in the three heists all went to buy crack cocaine, which he said he smoked as soon as he bought it.

Maltese signed a sworn statement in which he he acknowledges his right to remain silent and consult an attorney before talking with police.

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Maltese was arrested early this morning after Batavia police, with back-up from Sheriff's deputies and state troopers, responded to a report of a break-in at the Rent-a-Center at 4152 W. Main St., Batavia.

A worker at a nearby business heard the glass break and called 9-1-1. He took a picture of the suspect's vehicle and was able to provide police with a direction of travel.

The suspect vehicle was located, according to police, at a location on Colonial Boulevard.

A person at that address told police that Maltese and Robert C. Grant carried a large-screen TV into the basement.

In a press conferance at Batavia PD headquarters this morning, Chief Deputy Jerome Brewster, Sheriff's Office, said a birthday party was being held at the residence on Colonial Boulevard.

Chief Shawn Heubusch
during press conference

During the subsequent investigation, law enforcement reportedly uncovered evidence that tied Maltese to three recent robberies early Thursday morning at the Best Western on Park Road, early Friday morning at the 7-Eleven in Oakfield, and early Sunday morning at the Days Inn on Noonan Drive, Batavia.

In the first two robberies the suspect displayed what appeared to be a semi-automatic handgun. At the robbery Sunday, the suspect threatened the Days Inn clerk with a shotgun.

On Friday, while a deputy was pulled over to the side of the road in the area of the bridge over the Tonawanda Creek in Bushville, a person on a bicycle approached and said, "Look what I found," according to Brewster.

It was a silver BB gun and upon comparison with the gun seen in the video of the 7-Eleven heist, investigators determined it was a likely match.

In his statement to Investigator Ron Welker, Maltese admits to using a silver BB gun in the first two robberies. He said he disposed of the gun after the Oakfield robbery in the area of the bridge on Route 5 near the Willow Bend Inn.

Maltese, 43, of 29 Dellinger Ave., Batavia, was charged in City of Batavia, in the Town of Oakfield and the Town of Batavia with robbery in the second degree.

Both Maltese and Grant, 52, of 2444 Angling Road, Pembroke, were charged with burglary, 2nd, in connection with the alleged break-in at Rent-a-Center, where they allegedly tried to make off with a two large screen TVs and a fake fireplace.

Justice Tom Williams set bail in the Town of Batavia case for Maltese at $25,000 cash or $50,000 bond. 

According to Maltese's statement, he drove his girlfriend's green Toyota Camry to the Best Western on Park Road and entered wearing jeans, a black hoodie with "Army" on it, black gloves, a black knit cap, black and red Nike sneakers and a red bandana covering his face. 

He said he walked up to the clerk and pulled out his BB gun and said, "Gimme all your money."

The clerk said, "are you kidding me?" and repeated the question several times. Maltese said he told her he was serious. "This is a robbery."

In her statement to police, the clerk said the suspect told her, "I will shoot you if you don't give me all the money."

The clerk retrieved the money from the cash drawer, he said, and gave it to him and he fled the hotel returning to his residence on Dellinger.

He said he "went up into the attic to figure out what I was going to do next. I then took the money that I got from the robbery which was around $300 and went and spent the entire amount on crack cocaine, and smoked all of it that same night."

Sheriff Gary Maha
during press conference

For the 7-Eleven robbery, Maltese said he wore jeans, a brown hoodie "with some design on it," black gloves, a knit hat, black and red Nike sneakers and a purple bandana covering his face.

He demanded the money in the drawer, got it and left.

He said he spent the entire $50 take on crack cocaine and smoked it all that night.

After the robbery he disposed of the BB gun.

For the Days Inn job, Maltese said he wore jeans, a black hoodie with "New York" on it, black gloves, a knit Sabres hat, black and red Nike sneakers and a black bandana covering his face.

He said he pointed a loaded shotgun at the clerk.

In a statement, the Days Inn clerk said he was frightened during the robbery.

"He said if I pushed any buttons or called anybody, he would shoot me," the clerk said. "I gave him the two drawers. A cash drawer and the change drawer. He pulled the money out the drawers and took the coin holder, too. He then left. He told me as he was backing out the door, that if I called anybody he would come back and shoot me. What scared me was that I actually looked at him."

Maltese said he got away with about $200 and immediately purchased crack cocaine and smoked it all that night.

In his statement, he said Investigator Welker showed him the Nike sneakers, the silver BB gun and a metal coin tray, all of which Maltese said he identified as associated with his robberies.

He said he destroyed the rest of the clothes he wore on those three nights.

Sheriff Gary Maha said the arrest of Maltese demonstrates how closely local law enforcement agencies work together to solve crimes and credited both the investigation that had taken place prior to this morning's Rent-a-Center break-in and the willingness of a witness to contact police and provide detailed information.

Brewster also praised this morning's witness.

"That witness was crucial in identify that vehicle and leading to the arrest of these suspects," Brewster said.

The use of fire arms in robberies create all kinds of dangers for victims, police officers and suspects, Brewster said. A police officer who sees a suspect with a BB gun is likely to believe it's a loaded handgun, he noted.

"We think the danger factor was very high in this case," Brewster said.

The admission by Maltese that his alleged robbery spree was driven by a need to feed a crack cocaine habit and that he had moved up, in a manner of speaking, from using a BB gun to a shotgun, tends to make his timely capture all that more critical, Chief Shawn Heubusch said.

"Any time you have somebody who is addicted to narcotics or doing these types of crimes to feed a habit, it tends to escalate," Heubusch said. "There is a pattern of starting with smaller crimes and getting more serious. It's very concerning. Of course, I can't predict what he would have done next."

Investigators are still trying to determine if Grant or maybe even another person was involved in the robberies, Maha said.

It's possible, according to investigators, the robbery suspect did not drive himself to and from the commission of the crimes.

The investigation is ongoing and additional charges are possible.

Top Photo: Maltese following arraignment in Town of Batavia Court.

Below are photos submitted by Joanne Shriver, owner of Expert Mitigation Services, the company called in to board up the broken window at Rent-a-Center this morning.

BREAKING: Arrest made in recent robberies

By Howard B. Owens

A burglary at the Batavia Rent-a-Center overnight led police to a suspect in a string of recent robberies in Batavia and Oakfield.

Taken into custody and charged in the robberies was Mark J. Maltese, 44, of 29 Dellinger Ave., Batavia. Maltese and Robert C. Grant, 52, of 2444 Angling Road, Pembroke, are accused of breaking into the Rent-A-Center this morning.

A witness spotted the alleged Rent-A-Center burglary and provided detailed descriptions of the vehicle and followed the vehicle to a residence on Colonial Boulevard where the suspects reportedly joined a birthday party in progress.

The vehicle reportedly matches the description of a vehicle seen leaving the scene of the Days Inn robbery on Sunday morning.

Police said items were recovered this morning tying Maltese to the burglaries at the 7-Eleven, the Best Western and the Days Inn. At this time, Grant is not a suspect in those robberies and there are no other named suspects, but police said the investigation remains open.

The suspects were taken into custody without incident.

UPDATE: For follow-up story, click here.

Batavia wakes up to a blanket of heavy, wet snow

By Howard B. Owens

As predicted, Batavia was hit with at least six inches of snow overnight. It made for a busy night for emergency dispatchers with several downed power lines and some motor-vehicle accidents.

Above, Wendy Fisher shovels snow from the driveway of her Richmond Avenue home.

Monet Thomas walking her dogs on North Street.

Dave Meyer blowing snow on Ross Street.

Some 700 National Grid customers without power in various locations around the county

By Howard B. Owens

Emergency responders have been busy throughout the night and throughout the county with weather-related calls.

There have been wires down, cars off the roadways and accidents.

We don't have all the details on all of those incidents.

We can tell you that more than 700 National Grid customers are without power in more than a dozen different locations in Genesee County.

The largest outage is from Brookville Road down to Attica with 374 customers without power. No ETA on power restoration.

South of South Main Street Road, just west of Wortendyke Road is another outage with 89 customers affected. Power should be restored by 6:30 a.m.

Off Maple Road, Alabama, 68 customers affected. Power should be restored by 4:30 a.m.

Outages effecting about 35 customers each are reported off of Gulf Road, Le Roy, County Line Road, Darien, Harlow Road, Darien and just west of Darien Center.

There are also nine customers in Linden without power and 12 just west of Morganville.

There are two small outages reported in the city and another half-dozen or so small ones sprinkled throughout the county.

One large band of snow passed over the county in the 2 a.m. hour and radar shows another one heading our way in a couple of hours.

UPDATE 7:06 a.m.: There remains small, isolated power outages scattered all over the county. The two largest effects 200 customes on the Tonawanda Indian Reservation and 76 customers in Pavilion, just north of Route 20 in the South Street Road area. The National Weather Service reports that the heavy wet snow has passed through the area and is predicting patchy light snow the rest of the day. Caution is advised while traveling because of numerous low hanging and downed wires.

Photos: Kindergarten Thanksgiving lunch at Jackson School

By Howard B. Owens

Kindergarteners at Jackson School got firsthand experience at a Thanksgiving feast today with all the trimmings. The students filed into the auditorium, some of them dressed as Native Americans and others arrived as Pilgrims on the Mayflower. Teachers then served them a lunch of turkey, stuffing, potatoes, corn and apple sauce.

Above, Colin gets his meal, and below are Julia and Cameron.

Two people reportedly stuck in car with utility line laying on it

By Howard B. Owens

A caller to dispatchers says he and another person are sitting in a car on Gulf Road, Le Roy, in front of the Sportsman's Club, and a wire has fallen on the car.

The caller reports it as a power line.

Le Roy fire is responding.

While the caller said he didn't know how the wire came down, a first responder reports that it's a motor-vehicle accident and a utility pole is down.

Gulf Road is being shut down.

UPDATE 6:37 p.m.: The accident is believed to be without injuries. Two vehicles involved. The pole is on one vehicle. Both are heavily damaged and need flatbed tows. Power is off at a neighborhing building. Caledonia ambulance requested to the scene for what are believed to be sign-offs.

UPDATE 6:51 p.m.: All victims out of the vehicles.

UPDATE 7:52 p.m.: Le Roy highway requested to the scene to salt the road. The road is no longer blocked.

UPDATE 7:26 p.m.: Le Roy back in service. Road is open.

Le Roy rapist pleads guilty after telling judge he doesn't remember the crime

By Howard B. Owens

Faced with multiple felony charges that could have sent him to prison for up to 25 years, a Le Roy resident arrested for a home-invasion sexual assault entered a guilty plea to rape in the first degree on condition that he serve no more than 18 years.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, was offered the deal by Assistant District Attorney Kevin Finnell prior to a scheduled evidence hearing in County Court this afternoon.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

The deal reduces his possible jail sentence to eight to 18 years.

A guilty plea involves Judge Robert C. Noonan asking the defendant a series of questions. First, Noonan must ensure the defendant understands his rights and what rights he's giving up with his guilty plea. He must also make sure the defendant understands the consequences of a guilty plea.

During this process, there were some wrinkles in the case with Johnson.

First, under questioning from Noonan, Johnson said he hadn't been given adequate time to think about the plea deal offered to him by the DA's office.

That lead to a 45-minute recess so Johnson -- who was representing himself rather than having an attorney at his side -- to confer with a member of his family.

After the recess, Noonan put Johnson under oath and began to ask him questions about the events of May 9.

Johnson said he couldn't remember raping the victim.

"I don't remember anything," Johnson said. "I was too high."

Finnell said the people were prepared to accept Johnson's plea on an Alford basis, which means the defendent doesn't admit to the specifics of a crime, just that a juy would probably convict the defendant based on the people's evidence.

Among the evidence that would be offered at trial is a DNA match for Johnson that has a 1.13 quintillion probability of matching a person other than Johnson. Johnson also matches the physical description provided by the victim.

When Noonan asked Johnson if he believed there was a reasonable probability that a jury would convict him, Johnson said, "No, I do not."

This started a several minute conversation where Noonan explained to Johnson how the law worked, explaining that Noonan could only accept Johnson's guilty plea if he admitted to the factual evidence or admitted that the evidence against him was strong enough that he believed a jury would convict him.

"I can't say what a jury would do," Johnson said.

Noonan said, of course not, but "that's why I asked if you believe there is a reasonable probability that a jury would find you guilty."

Noonan asked, "have you heard the evidence and do you have reason to believe a jury would convict you?"

Johnson replied, "I have heard the evidence and I believe a jury would convict me."

Prior to today's hearing, Johnson has also been provided with all of the police reports and evidence reports in the case, and as his own attorney had a chance to personally review the case against him, according to Noonan.

According to Finnell, Johnson has a prior felony conviction in Erie County that Johnson claims he received inadequate representation on.

Johnson, Finnell said, entered a guilty plea in 2003 of attempted criminal possession of a controlled substance, 5th.

If Johnson can get that conviction vacated before his sentencing, the potential minimum term on the rape conviction would be five years.

Johnson admitted to breaking into the home of a woman in Le Roy and raping her in early May. He was captured two weeks later by Le Roy Police Department investigators.

As part of the plea, he is waiving all rights to an appeal.

Sentencing is scheduled for Dec. 24.

Oakfield-Alabama middle-schoolers compete in 'Turkey Bowl'

By Howard B. Owens

A cold, cold night, the ground frozen, what better conditions could there be for a flag football game among middle-schoolers?

Last night Oakfield-Alabama held its Turkey Bowl. There was no trophy, just a chance for students to a unique football game -- a chance to play under the lights of the varsity football field.

The event was the brainchild of teacher Dan Gilbert and was put together with the help of James Patrick and Katie Hilchey.

"We thought something like this around Thanksgiving might promote the family feeling of a small school," Patrick said.

Hoops Preview: Lady Devils return with high hopes

By Howard B. Owens

The 2012-13 season was a banner campaign for the Lady Devils. They won the school's first league title in girls basketball and made it to sectional finals for the first time.

But there's also some unfinished business from that championship run, according to first-year Head Coach Marty Hein.

The loss to Waterloo was ugly.

"The girls poured their hearts out in the semifinals two days before," said Hein, who was assistant coach to Bill Wade last year. "They just didn't have it in their eye that night and they know that. The girls know we didn't give 100-percent effort against Waterloo that night and that's the lesson that I hoped they learned -- give 100-percent effort all the time."

With Batavia HS moving to Class A1 and Waterloo staying in Class B, there's no hope for a rematch.

"I'm hoping to line up a scrimmage with Waterloo," Hein said. "I'd like to play Waterloo again because I don't like the taste in my mouth of how we lost in the finals."

Hein thinks with the players returning, the core of that league-leading team will be back on the court this season and they should be able to hold their own at least through the Monroe County schedule and into A2 sectionals.

The attitude is there, he said.

"They've come back with that buring desire to want to focus a little more, work a little bit harder and get back to that same spot and hopefully a little bit better," Hein said.

Senior Liz Myers and sophomores Tiara Filbert and Madison McCulley are third-year varsity players and anchor the starting line-up. Sophomore Sam Cecere, at 5' 9" tall, has made great progress playing post, Hein said.

Hein is going to be looking for a stronger defense from the girls this year.

"I want a lot more communication out of our defense this year," Hein said. "We're turning the pressure up a little bit on defense. Even if we stumble a little on offense, if we can hold our opponents to a lower number then we should still come out victorious in the end."

There will be a few changes in the team from the Wade era, but Hein has a lot of admiration for the local coaching legend.

"When the job came open (four years ago), I applied," Hein said. "Bromley (BHS athletic director) gave me a few clues about who else applied for it, and I told Mike at that point to take my name out of the hat. It was a good learning experience to be sitting behind Bill for the four years. I learned a lot."

To purchase prints of photos, click here.

Pontillo needs to show some respect, and insurance, if he wants permission to go on property, owner's son says

By Howard B. Owens

The main issue the Englerths have with James Pontillo, Tom Englerth Jr. said in an interview Monday, is that Pontillo has never asked their permission to be on their property to work on his building at the corner of Main Road and Morganville Road in Stafford.

"He never had permission from us as property owners," Englerth said. "One time he asked a guy that worked here (at their tenant's business), but he had no authority to give permission."

Two years ago, police were called to the location when Tom's dad, Tom Englerth Sr., complained that Pontillo and his work crew were trespassing. The same issue came up a little more than a week ago.

Pontillo started restoration work on the building two years ago after outbidding Englerth to purchase the property at auction. At the time, he was talking about opening a pizzeria downstairs, but then worked stalled as he became tied up in personal issues. First, his sister developed cancer and passed away. Then his grandmother had a stroke and later passed away. Then a sink hole developed on one of his properties in the city.

"It's just been one thing after the next," Pontillo said.

Now his permits for putting on a new roof and building a restaurant downstairs have expired. He believes town officials are going to try and deny him new permits.

Englerth said he doesn't believe Pontillo will be able to pull new permits.

If work can resume, Pontillo doesn't believe he can have workers complete the new roof without getting access to the parking lot on the west side of his building, property owned by the Englerths and leased to the Stafford Trading Post.

Tom Englerth Jr. is skeptical his father will ever grant such permission at this juncture.

"He never really respected my dad," Englerth said. "My dad's a tough guy, but he's a nice guy. Once you piss him off, it's hard to gain back the respect from him."

Nothing will happen unless Pontillo can produce proof of insurance, Englerth said.

"He needs appropriate insurance and to show us proof," Englerth said. "He then needs to go to my dad and probably apologize and then ask in a nice way. Can that work? I don't know."

Pontillo believes the only permission he needs, he indicated, is from the owner of the Stafford Trading Post and he believes he's gotten that permission before. He doesn't believe he'll ever get a fair shake from Tom Englerth Sr.

Pontillo thinks Tom Englerth Sr. is still angry that he bought the building and kept Englerth from tearing it down.

Englerth Jr. confirmed that his family wanted to buy the building and they were going to offer to help pay for the historical society to move it to another location in Stafford.

"We're not trying to be jerks," Englerth said. "Since he came in there, he's only made nonsense promises, that he was going to open a restaurant, that he was going to open a pizzeria, he was going to put this place here out of business. He's done nothing for the community I don't think. I don't like to talk about people like that, but it's bullshit. It really is."

Englerth was particularly bothered by some of the comments left on The Batavian insulting his father (two name-calling comments were removed) after last week's story was posted, and he just wanted to set the record straight that his father really is a nice guy and is reasonable if treated fairly.

"We're just old-time farmers looking for what else can we do here and there to make a living," Englerth said. "We have to. Our economy is based on looking at what else you can do to succeed."

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