Stories from

Criminal investigators want to know more about this cigar box.

Obviously, it once held 25 Arturo Fuente Flor Fina 858 cigars, but what interests investigators is how it wound up yesterday morning at a location in the Village of Oakfield.

It's location has investigators in the Sheriff's Office thinking it may be related to a recent rash of burglaries in the area.

The box was found shortly after at least three burglaries in the village two nights ago.

The recent series of burglaries have been "pretty nervy," said Investigator Kris Kautz.

The burglars are entering homes when people are home and likely to be awake, such as later afternoon and evening hours, and grabbing anything of value that can be snatched quickly, such as a purse, wallet or a box of potential valuables.

"They're going in when people are home and that's scary stuff," Kautz said. "We don't want something ugly to happen."

The same M.O. has been reported with a series of burglaries in Albion and in one case there, two unidentified young white males were spotted at a time that have investigators thinking they may be involved.

If you are the owner of the box, or if you're the person who placed it where it was found (or know who did place it there), or have other information about the recent burglaries, contact the Sheriff's Office, Investigator Kris Kautz, at (585) 343-5000.

Press release and photos submitted by Douglas R Mellentine:

The "Ghost Riders Drum & Bugle Corps" based in Batavia, NY, took home the coveted "1st Place World Title" in the "Mini Corps" competition. The Drum Corps Associates World Championships were held at the Navy-Marine Corps Memorial Stadium this past Labor Day weekend in Annapolis, Md.    

The "Ghost Riders" were formed in 1996 to compete in the "DCA World Championships." This is the 18th consecutive appearance for the "Ghost Riders" -- a record that may never be broken by anyone else. They own two 1st Place titles, the first in 2000 and now again 2013.  

Many hours of preparation went into achieving this goal. They defeated the reigning Champion "Star United" from Indianapolis, an undefeated corps, who has held the title for the past six years. This year was no exception for them, "Star United" was on their game as well.

Special mention must go to the following for their contributions to this achievement. 

First, a Huge Thank You to the membership who have worked so hard to make this a reality.

Second, special thanks to The Salvation Army of Batavia, who allow us to use their facility for winter rehearsals. 

Third, Thank You to Donny Allen our music arranger and instructor, who painstakingly gets us to a level we need to be, in order to achieve such a lofty goal. 

And finally, thanks to the neighborhood near Clinton Street and Grandview Terrace, who through the summer months, hear the sounds of music coming from GRC (Ghost Riders Central) in the backyard at 63 Clinton St.

As director and founder of "Ghost Riders Drum & Bugle Corps," I could not be happier.  Not only to win this title, but to observe the friendships and camaraderie this fine group of individuals has developed throughout the years. As we always say "GO GHOST"!!!

Bonnie S. Olsandi, 44, of 31 Montclair Ave., Batavia, is charged with falsely reporting information about an actual offense/incident. Olsandi is accused of providing false information to police about an actual incident in an attempt to have the wrong person arrested for the alleged crime.

Haley H. Humphrey, 19, of 21 Wood St., Batavia, is charged with offering a false instrument for filing and falsely reporting an emergency. Humphrey is accused of falsely reporting a domestic incident.

Melissa A. Broadbent, 35, of 52 Walnut St., Batavia, is charged with obligation of a parent or guardian. Broadbent was arrested because of alleged curfew violations after her 15-year-old son was apprehended following an investigation of a report that two males were attempting to break into cars near the fire hall. The alleged incident was reported at 11:26 p.m., Sunday. Also charged was Priscilla M. Aiken, 40, of 2 Miller Ave., Batavia.

Joshua R. Hofer, 17, of 67 Mechanic St., Elba, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Hofer was arrested following an investigation by Batavia PD into a reported disabled vehicle on Walnut Street at 4:07 a.m., Saturday.

Lena M. Evans, 26, of 46 Washington Ave., upper, is charged with petit larceny. Evans is accused of shoplifting at Tops.

Micahel L. Kennedy, 26, of 45 Prospect Ave., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and driving a vehicle without an interlock device. Kennedy was stopped at 1:05 a.m. Saturday on West Main Street by Officer Felicia Degroot.

Ted E. Kingsley, 40, of 119 State St., upper, Batavia, is charged with petit larceny. Kingsley is accused of stealing an 18-pack of beer from Tops.

Douglas A. Porter, 43, of Basom, is charged with DWI, driving with a BAC of .08 or greater and consumption of alcohol in a motor vehicle. Porter was stopped by Deputy A.J. Previty of the Wyoming County Sheriff's Office at 1:15 a.m. Tuesday on Route 354, Town of Bennington. Previty responded to a report of an erratic driver coming into Wyoming County from Erie County. Porter was jailed on $500 bail.

Elan B. Pire, 24, of Elba, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Pire was arrested by State Police for an alleged incident reported at 8:51 p.m. Saturday in the Town of Byron. No further details released.

The following people were arrested during the  Maroon 5 Concert at Darien Lake Performing Arts Center on Wednesday.

Emily L Simmons, 21, North Central Avenue, Springville, is charged with two counts of second-degree harassment after allegedly grabbing a security guard by the head and then kicking several deputies and security guards. Simmons was jailed on $250 bail.

Patrick P. Sheridan, 45, Via Cimato Drive, Clarence Center, is charged with second-degree harassment and resisting arrest after allegedly pushing a security guard and then resisting arrest by refusing to be taken into custody.

David J. Irwin, 49, Pinyon Court, Clarence Center, is charged with two counts of second-degree harassment after allegedly pushing a security guard and then pushing and hitting another security guard in the face.

Joseph M. Ciliberto, 42, Pine Terrace, Orchard Park, is charged with second-degree harassment after allegedly striking a deputy during an investigation. Ciliberto was jailed on $250 bail.

Kara M. Balog, 22, Cochran Avenue, Springville, is charged with second-degree harassment after allegedly pushing a deputy after repeatedly being told to leave the venue. Balog was jailed on $200 bail.

Amanda N. Hayden, 21, Hefner Drive, Webster, is charged with disorderly conduct and second-degree harassment after allegedly causing a disturbance in the venue and then punching a deputy in the chest after being instructed to leave the concert venue. Hayden was jailed on $300 bail.

Amanda C. Snyder, 20, Woodhaven Circle, Hamburg, issued a citation for using another’s license.

The following people were cited for alleged consumption or posession of alcohol under age 21:

Brandi L. Hartman, 19, Railroad Avenue, Arcade
Emily M. Nichol, 20, Celtic Lane, Rochester
Marissa J. Lake, 19, Chesterton Road Rochester
Amber M. Adolf, 19, French Lea Road, West Seneca

Should sheriffs enforce the SAFE Act even if they disagree with it?

Times-Union: Cuomo: Sheriffs don't choose laws to enforce

A passerby reports seeing a resident at 693 E. Main St., Batavia, trying to put out a porch fire with either a garden hose or a pan of water.

City fire responding.

The location is just within city limits. A first responder reports the fire is out, but smoldering.

UPDATE 11:31 p.m.: Fire is out. Ventilating.

View Larger Map

If you've driven down West Main Street Road, Town of Batavia, recently you might have seen this peacock off the side of the road.

It's the creation of Mike Cleveland, town justice. He's started decorating his yard for fall. The idea was inspired by a trip he and his wife made to Maine last year where they saw several yards creatively decorated using bales of straw. He said that since farmers are often willing to loan out straw, he's hoping other residents will catch onto the idea.

The most significant news out of County Court today is that Craig Lawson showed up.

Lawson is accused of hitting Jason McNeil, a former WNY resident living in Alabama, following the Kid Rock Concert at Darien Lake in July.

Following the punch, according to court documents, McNeil's head hit the ground. He was in a coma for more than a week and has been hospitalized since.

Initially, Lawson, who lives in Canada, was charged with a misdemeanor, assault 3rd, and bail was set at a mere $1,000.

Once it became apparent that McNeil's injuries were serious and McNeil might face an upgraded charge, there was concern in the community that Lawson would just skip his next scheduled court appearance.

Last month, a grand jury indicted Lawson on a single felony count of second-degree assault.

Today, Lawson appeared before Judge Robert C. Noonan and pled not guilty.

To win a conviction on an assault, 2nd, charge in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.

Noonan dismissed a similar charge against Jacquetta Simmons in the Walmart case, ruling that the grand jury had not received enough evidence to sustain the assault, 2nd, count (Simmons was convicted by a jury on a subsection of assault in the second degree dealing with hitting and injuring an elderly person).

Mike Ranzenhofer, co-counsel with Buffalo attorney Joel Daniels, for Lawson, said it's hard to compare different cases and until the defense has received all of the supporting documents from the DA's office, it's hard to say if the charge can be supported.

But he expressed skepticism that his client is guilty as charged.

"This is a one-punch situation," Ranzenhofer said. "I don't think anything was intended here. That's pretty clear. But we'll have look at the documents once we get them."

The DA's office is dealing with another reportedly one-punch assault case right now, as well.  Last month, Batavia resident Scott Baker suffered a fractured skull when he was punched on Harvester Avenue. In that case, Shane Bell is accused of delivering a single punch that was the direct cause of Baker's injury.

Baker remains in critical condition and in a coma at ECMC.

Lawson is accused of delivering a hit that caused the victim to fall to the ground and hit his head.

Assistant District Attorney Robert Zickl said that of course the DA's office believes it can get a conviction on the crime as charged.

"We're very confident presenting that to the court and ultimately to a jury," Zickl said.

Last week, a page that had been set up by Pam McNeil to supply followers with status updates about her husband's medical condition, reported that McNeil was improving and that she was hopeful he would soon return home to Alabama.

Two nights ago, McNeil complained in a status update that the media was using the page to "harass" her and announced she would be removing the page from Facebook. As of today, the page no longer exists. She offered no details on what she considered harassment.

It took nearly three hours for Benjamin Muntz to find out that Judge Robert C. Noonan would be tacking another two to four years onto his prison term.

In the arcane labyrinth of our judicial system's sentencing guidelines, there was no clear cut answer on what to do with Muntz's case.

It's that complicated.

In January, Muntz entered guilty pleas to counts of burglary, 3rd, and grand larceny, 4th. Rather than show up for his sentencing in March, he flew south. He also became a suspect in another burglary and was charged with another felony.

Eventually, he was caught and returned to Genesee County.

He was sentenced in April by Noonan to three and a half to seven years in state prison and charged with bail jumping.

If the only charges against Muntz were those earlier felonies and the bail jumping, the sentencing guidelines are clear: Any sentence Muntz received on bail jumping would need to be served consecutively (not at the same time, or concurrently) with his other sentence.

As part of a plea deal, Muntz had received a one and a third to three year sentence cap on the bail jumping charge.

The curve for Noonan was that newer burglary, 3rd, charge.

If Noonan gave Muntz another three and a half to seven on that charge, could the bail jumping sentence be concurrent with that sentence, or would it need to be served consecutively?

Noonan didn't have the answer. The attorneys for the prosecution and the defense didn't have the answer. The prison guards who transported Muntz in his DOCs green jumpsuit to County Court today certainly didn't have the answer.

After consulting his law books and case law in chambers and conferring with attorneys -- in between hearing other cases -- Noonan concluded that if the second burglary sentence was consecutive then the bail jumping sentence would be consecutive to that.

In other words, Muntz would be looking at more than eight years and up to 17 years in prison.

Through his attorney, Thomas Burns, Noonan offered Muntz a deal: waive his sentence cap on the bail jumping conviction so Noonan could sentence him at two to four years and Noonan would make his other burglary charge, at three and a half to seven, concurrent with his prior sentence.

Once Burns got it all thoroughly explained to Muntz, with a little assistance from one of the prison guards, Muntz agreed to the arrangement.

For prior coverage on Muntz, click here.

Honor, duty, country. For Jason M. Jewett, those words were more than platitudes, said family and friends following his funeral today in North Pembroke.

His coffin was draped in stars and stripes when it arrived at the cemetery after a procession of more than 100 cars through Batavia and East Pembroke. Two honor guards, with white cotton gloves and golden aiguillettes, removed the flag from the casket and with solemn precision folded it into a razor-sharp triangle.

A guard raised his white-gloved hand toward the deep blue sky. Honor, duty, country, he pronounced loudly enough for God to hear.

"For a young man, he was very patriotic," said his mother, Joyce Jewett, after the service. "He loved his country. He loved his fellow man. He helped people in need everywhere he saw people in need. For a young man with a short career, he accomplished a lot in a short time."

Jewett was an agent with ICE and helped train the agency's Special Response Team.

Team members traveled from as far away as Texas to honor their comrade, who died Friday in a traffic accident on East Eden Road, Eden, in Erie County.

More than 250 people attended his funeral.

The Oakfield native touched many lives, making friends instantly with everybody he met, regardless of race or background or means, said longtime friend Nathan Fix.

"He could walk into a room and, even though you never met him, you would smile," Fix said. "He would smile. He had no enemies."

Deputy Joseph Corona counted Jewett as his best friend.

It was Jewett who lured Corona into law enforcement.

"Law enforcement is a path we both enjoyed," Corona said. "He made me passionate about it and made me want to strive for more. He opened doors for me when I had turmoil in my life and uncertainty, and he always led me on the right path."

The outpouring of love for Jewett following his death came from all quarters and from around the country. It showed, said Corona, what a special man he was.

"I'm happy that he was so loved," Corona said. "Everything that he represented was represented here today."

Joyce Jewett said the funeral was not an end, but a transition.

"Right now, we don't consider him gone," Joyce said. "We consider him onto the next mission. God has a mission for him."

Jewett received a 21-gun salute, taps on a trumpet and "Amazing Grace" on bagpipes. His perfectly folded American flag was presented by a member of the SRT to Joyce and his father Joe. The gloves that folded the flag were laid to rest on the casket.

One-by-one, members of SRT placed their division patches on top of the casket. The INS guards filed through the tent where family sat and each gave each member of the family a hug. Then Jason's parents walked over to the line of SRT members and the line of Sheriff's deputies and officers and hugged each of them. Joe Jewett had a private word with each man. Men and women in the assembled gathering sniffled and cried.

 "Jason deserved this," Joyce said. "He worked hard and he loved his job."

Fix said in their long friendship, they never drifted apart even as their careers took different paths.

"No matter what Jason did, it was always the right thing," said Fix, who first met Jewett when they were security offices together at Darien Lake years and years ago. Jewett helped Fix when he needed it most and they were neighbors in Oakfield for awhile.

"It was an honor to be at the funeral today," Fix said. "He was like a true guardian angel."

Everything happens for a reason, Joyce said. God has a plan. He brought Corona and her son together and built a special bond between them. That friendship helped form new relationships between ICE and the Sheriff's Office, she said (and Fix, who is a dispatcher and volunteer firefighter agreed). Before, agents and deputies might talk on the phone, but now they know each other personally, Joyce said. That relationship will improve both agencies, she said.

Corona said will never forget his friend.

"He is buried here in a part of a town that I patrol and I'll be here every day that I can be to pay my respects," Corona said. "He'll always be remembered as my best friend."

Joyce Jewett found a few bullet hole stickers among her son's belongings, so she gave them to SRT members and Joseph Corona. Jewett like a good practical joke, she said, and putting the stickers on his casket is the kind of thing he'd appreciate, she said.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday Sept. 4, and Thursday Sept. 5, from approximately 9 a.m. to 3 p.m. in the general area north of West Main Street and west of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Here are the results from the Batavia Area Jaycees 5K held on Labor Day.

• Overall male runner: Kevin Sheehan, 51, 18:24
• Overall female runner, Alexis Kindig, 16, 21:30

By age, female:

• 14 and under, Serena Strollo, 13, 26:46
• 15-19, Kerry Mills, 18, 21:56
• 20-29, Jenna Nichols, 26, 24:51
• 30-39, Melissa Demoy, 38, 22:41
• 40-49, Christine Klein, 49, 25:41
• 50-59, Toni Mills, 54, 29:16
• 60+, Kathy Jenson, 71, 44:25

By age, male:

• 14 and under, Campbell Anderson, 14,19:21
• 15-19, Ty Demmer, 17,17:44
• 20-29, Christian Caccamise, 23, 21:24
• 30-39, Dave Bateman, 30, 19:06
• 40-49, John Kirkwood, 42, 21:26
• 50-59, Ken Scott, 51, 22:37
• 60+, Bill McMullen, 60, 22:05

Here are the awards that judges handed out following the Oakfield Labor Days Parade on Monday:

Veterans Color Guard

• 1st Prize: Vietnam Veteran’s Chapter #193
• 2nd Place: Oakfield-Alabama American Legion #626

Fire Departments

• 1st Prize Best Appearing: Stafford Volunteer Fire Department
• 2nd Prize Best Appearing: Alabama Volunteer Fire Department
• 3rd Prize Best Appearing: Oakfield Volunteer Fire Department
• Best Appearing Aerial: Town of Batavia Fire Department
• Best Appearing Pumper: Stafford Volunteer Fire Department
• Best Appearing Tanker: Byron Volunteer Fire Department
• Best Appearing Utility & Rescue Vehicle: Alabama Volunteer Fire Department
• Best Appearing Antique Hand Drawn Fire Apparatus: Attica Fire Company
• Best Appearing Antique Motorized Fire Equipment: Attica Fire Company

Marching Bands

• 1st Prize: Alexander Fireman's Marching Band
• 2nd Prize: Akron Tigers Marching Band
• 3rd Prize: Oakfield-Alabama Marching Band

Best Novelty Band, Act or Float

• Grand Prize: Alex’s Lemonade Stand Foundation
• 1st Prize: Crossroads House
• 2nd Prize: Genesee Country Church
• 3rd Prize: Batavia Silver Stars

Should parents have alternative options to current public education system?

Reason Magazine: School Choice Isn't About Fighting for Resources, It's About Choosing How To Learn

When you sit down for a meal at Pasquales, Mama Fasano wants it to be just like you're coming over to her house for dinner.

Every dish with be based on family recipes and the ambiance and decor will be designed to give diners an old-time, family Italian restaurant feel.

The Fasano family purchased the red brick, two-story building at the corner of Swan and Ellicott streets at the city's tax lien auction a couple of months ago with the specific intention to open a restaurant.

They've had to completely gut the place and entirely remodel it -- including putting in a new kitchen. The restaurant won't open until late fall, but they're ready to talk about their plans.

Joan Fasano has been in the restaurant and catering business for 40 years and at Pasquales the whole family is joining in.

"Many Batavians and Genesee County residents have been familiar with the Fasano name in conjunction with great food over the years," Maggie Fasano said. "Joan and her husband Jim catered many, many weddings, anniversaries, graduations and other events."

The menu will include homemade ravioli, chicken cacciatore, tripe, pasta fazool, along with other old-country recipes, and once every two weeks, a polish dish.

People go crazy over the polish dishes," Rachel Fasano said. "You can’t get them anywhere."

The kitchen is being designed and set up by Karl Klein, who recently closed his restaurant in Le Roy.

The Fasanos and Ganson have been close friends for 30 years.

Every once in awhile he'll work as a guest chef, making special dishes for the day.

Though the building was most recently a bar, the Fasanos are not setting up a tavern. It's an eatery. There will be beer and wine to go with dinner, but the bar won't be a place to come and sit and just drink.

Meals will be affordable.

"We want people to be able come and enjoy dinner and not empty their pockets, so to speak," Dave Fasno said. "Our menu will be based on good Italian food, what Mom likes to call peasant food."

Family photos and old photos of Italian immigrants will hang on the walls.

"We want people, when they walk in, to feel like the restaurant's been here forever," Joan said.

Photo: Rachel, Joan, Maggie in the front and David and Jimmy John behind the bar.

A 47-year-old South Byron man continued to proclaim his innocence on sexual abuse charges today right up until moments before Judge Robert C. Noonan sent him to state prison for four years.

John Chrisley, of Mechanic Street, was convicted following a jury trial in July of sexually molesting a young child.

The mother of the child spoke in court today saying that Chrisley used offers of auto repair services to befriend her family and gain access to her young daughter.

"I've been haunted by this baseless allegation since this started," Chrisley told Noonan. "Her statements are 100-percent false."

Chrisley said that the child's mother has also accused him of violating orders of protection and of smoking and dealing marijuana. He said he submitted to a drug test that came out negative.

"I didn't break the order of protection," Chrisley said. "I didn't deal marijuana. I didn't smoke marijuana. I didn't molest that little girl. I don't know why she's accusing me of those things. ... I think the jury judged me not on the law but on emotions."

He vowed that his case would be overturned on appeal.

Noonan said it isn't his role at this point in proceedings to decide whether Chrisley's conviction was proper. His job simply was to sentence him. But he indicated he found the evidence that came out at trial against Chrisley pretty compelling.

"I don't accept your conclusion, your statement that you've been subjected to some sort of torture from baseless allegations," Noonan said. "I heard all of the testimony at the trial and while it wasn't my job to determine if you were guilty, because that's for the jury to decide, it's hard to believe that you were convicted on anything other than the evidence at the trial. There was no emotional display from the jury. They appeared to make a decision by objectively weighing the evidence that was presented at trial."

The mother of the victim said her child now has trust issues, fears men -- even her own father when he tickles her -- and has anger control issues.

She said he could never forgive him for what he did, accusing him of seeing no wrong in harming innocent children.

"If it were up to me, you would be in prison for the rest of your life and then, and only then, would it be a guarantee that you would never touch another child again," she said.

Press release from Batavia PD:

Due to the malfunctioning traffic light at Richmond Avenue and State Street, the Batavia Police Department will be assigning an officer for traffic control at that intersection on Friday, Sept. 6 during school morning admission and afternoon dismissal periods.

This will be to alleviate traffic congestion and assist with students crossing at that intersection. If you are traveling in the area please be aware and use caution during these times.

A 53-year-old Darien resident is accused of making a sexual advance two weeks ago toward a 14-year-old boy while at the Le Roy Community Pool.

Robert F. Williams, of 10933 Townline Road, Lot 18, Darien, is charged with one count of endangering the welfare of a child.

Williams is accused of offering the boy oral sex while at the pool on Aug. 21.

Following arraignment, Williams was released under supervision of Genesee Justice.

How would you advise Rep. Chris Collins to vote on bombing Syria?

WSJ: The Robert Taft Republicans Return (the author is confused about the difference between isolationism and anti-intervention, but still interesting piece)

Firedoglake: Syria Whip List

More than 300 people showed up this evening for calling hours at the Gilmartin Funeral Home on West Main Street, Batavia, to pay respects to the memory and the family of Jason M. Jewett.

Among the mourners were about three dozen members of a nationwide car club that was proud to include Jason among its members.

Jewett, 31, of South Byron and originally from Oakfield, died Friday in a car crash in Erie County.

The car club members who attended tonight came from throughout the Northeast, but the majority were from Rochester. They represented three teams within the club: Style by Choice, Sunworks and Street Kings.

Any hardcore car enthusiast, regardless of make or model the member owns, is welcome into the club.

Jewett was all in once he became passionate about cars, according to Kyle McGuckin, team leader of Style by Choice.

His car was a black and yellow Mitsubishi Evolution club members called Pikachu.

"Jay loved his car and everybody knew his car," McGuckin said. "It was bright yellow. You could not miss it."

There's a tight bond between club members, McGuckin said. It just happens to bring them together.

"We wouldn't have known any of these guys without cars," McGuckin said. "We're definitely more about family than just a car crew."

Also honoring Jewett tonight were several members of the local law enforcement community, where Jewett had many friends. He was an agent at the Immigration Customs Enforcement & Deportation facility in Batavia along with being one of 13 instructors for the Special Response Team.

He had worked in and around law enforcement in Genesee County much of his adult life.

Calling hours will continue tomorrow from 3 to 8 p.m.

A Mass of Christian Burial will be held at 9:30 a.m., Wednesday, at Resurrection Parish, 303 East Main St., Batavia. Interment will be in North Pembroke Cemetery.

Click here for Jewett's obituary.

Jason's nephew Nate Jewett, also a car club member, with his BMW. Nate is active duty Navy currently stationed at Port Hueneme in Ventura County, California.

Besides his car, Jason owned a gray Dodge Ram 1500 that he was proud of. A friend brought it to the wake. With it are Nate Jewett, Zach Hallatt and Huseyin Damlar.