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Former Batavia resident accused of sexual conduct with a child appears in court

By Howard B. Owens
Current booking photo Sex offender registry

One of the two brothers recently accused of sexually abusing children in multiple jurisdictions over the past three decades appeared in Genesee County Court this afternoon to answer to a felony grand jury indictment.

Sean M. Vickers, 44, of 117 Andes St., Geneva, entered a not guilty plea to single count of a course of sexual conduct against a child in the first degree, a Class B felony.

Vickers is accused of sexual relations with a child while a resident of Batavia more than a decade ago.

According to Batavia PD, after media reports of his arrest, more people came forward accusing either Vickers or his brother of sex-related crimes.

While Sean Vickers, already a registered Level-3 sex offender, has yet been charged with any additional crimes, the FBI arrested David Allen Vickers, 49, of Stanley, and accused him, while working as a truck driver, of transporting a child to New Jersey, Pennsylvania and Canada and engaging in sexual activity.

The two brothers are suspected of sexual activity with children going back 30 years.

Police are asking that anybody that may have children who came into contact with the Vickers or people who are now adults that may have had contact with the Vickers to contact police or the FBI.

Hawley calls on Assembly to reject sexual abuse

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is calling on members of the Assembly Majority to make their stance clear on sexual abuse against women by voicing their support for, or opposition to, Assembly Speaker Sheldon Silver. The Joint Commission on Public Ethics (JCOPE) has found that Speaker Silver launched a wide-ranging cover-up of a sexual harassment scandal involving recently resigned Assemblyman Vito Lopez, which included the use of taxpayer dollars as hush money. In 2001, the speaker helped shield his chief counsel, Michael Boxley, from sexual assault charges. Boxley was charged and found guilty of misconduct two years later.

Hawley, who has never supported Silver’s bid for speaker, is calling on the Assembly Majority to draw a line in the sand and vote him out of his leadership role.

“No woman should ever have to deal with sexual abuse in our society, let alone in the State Assembly, where public servants should be held to a higher standard,” Hawley said. “It takes tremendous courage for victims to confront their attackers; yet, time and time again, Speaker Silver has swept the acts of his members and staff under the rug.

“The Assembly Majority, who elected Silver as speaker, has been deafeningly silent on this issue,” Hawley continued. “This isn’t about politics. This is about right and wrong. I have never voted for Silver as speaker and believe he should relinquish his leadership post, and the members of his conference must publicly renounce him as well. Anything less would make them implicit in this despicable turn of events.”

Terry Platt says he's done investing in Genesee County after city denies rooming house application

By Howard B. Owens

Terry Platt, a landlord who owns numerous properties, says he's done investing in Genesee County.

On Tuesday, the City of Batavia Planning Board voted unanimously to disapprove Platt's proposal to convert a single family home at 316 E. Main St. into a boarding house.

"I hate to say it, because I would love to stay here and spend my money in the city, but after today, I think they've proved to me that Terry Platt's not wanted in this city," Platt said. "Therefore I will be looking to sell some things, but keep many so I can keep the income and take it to a different city that deserves it."

According to Platt, he put down $5,000 on a purchase offer for the property after city officials assured him the parcel was properly zoned for a rooming house and approval of his application wouldn't be a problem.

Then, last Friday, in a meeting with the city, he got the impression the attitude had changed.  Sudden, he said, city officials had found laws that limit the size of the rooming house.

He was told that instead of 12 rooms, he could only have nine, if approved.

At Tuesday's meeting, council members Rose Mary Christian and Kathy Briggs, along with John Roach and two neighboring property owners spoke against Platt's plans.

Christian noted that 316 E. Main St. is next to a pair of well-maintained Victorian-era houses, including one that won an award from the Landmark Society this year.

"These are extraordinary properties that are well maintained and cared for by the owners," Christian said.

Both Christian and Briggs noted that converting a single-family home to a multi-unit dwelling goes against the city's recently adopted strategic plan, which aims to convert many of the existing apartment buildings that were once single-family homes back to single-family homes.

Roach objected to the idea that Platt would likely take in NYS parolees as tenants.

Christian noted that some of Platt's properties have sex offenders living in the dwellings.

April Walroot, Platt's property manager, said out of the 28 rooms the company has rented now, only four are the homes of registered sex offenders.

She also said that because the house is within 500 feet of a school -- St. Joseph's -- NYS Parole won't allow sex offenders to be placed in the residence.

According to this online mapping tool, St. Joe's is more than 800 feet from the house, as is the Richmond Memorial Library. 

Elizabeth Jess, who recently acquired the red brick home next to 316, said she and her husband bought it because the neighboring homes were single family and well maintained. She said she was worried about sex offenders moving into a residence next to her family.

"If there was ever any indication this could happen, we never would have bought this home," she said.

The Bialys, who own the recently designated Landmark home, have invested thousands and thousands of dollars into maintaining their house and they are concerned that putting a rooming house two doors down from their home would diminish the value.

Platt said, yes, his company does work with NYS Parole to find homes for former prison inmates. He also said all of his rooming homes are supervised and there are rules enforced on the residents. There's a strong motivation to obey the rules, Platt said, because offenses get reported back to parole officers.

It's an advantage to the city, he said, to have parolees living at his properties rather than elsewhere in the city because they are expected to follow certain rules and are monitored by the property manager.

The conversion also fits within the city's strategic plan, Platt said, because they city wants more residents downtown.

"We have a location downtown where people will be able to walk to everything and be able to spend their money downtown, keep the traffic downtown," Pratt said. "It will be a positive for the city."

After the application was denied, Pratt talked of possible legal action. He said he will consult with an attorney.

He feels there is an issue with the city giving him indications it would be approved and then, from his point of view, changing the rules at the last minute, and he also feels the city is discriminating against a certain class of people.

"There is a shortage of this type of housing for the good people who need a place to live," Platt said.

The denial is just one more piece of evidence, Platt said, that the city doesn't want him around so he's going to stop investing his money locally.

"It's pretty obvious the City has made many gestures and many ways to let Terry Platt know he's not wanted in the City of Batavia," Platt said.

Asked if the City isn't also making it harder for other landlords to do business, or was he just being singled out, Platt said, "It has lot to do with Terry Platt and his rooming houses, because how can they let a single-family home on Oak Street be converted to a rooming house several years ago and now all the sudden they don't want to see rooming houses near downtown where they need the traffic?"

Smoke seen coming from house on Woodrow Road

By Howard B. Owens

City Fire Department is on scene in the area of Woodrow Road and Soccio Street, Batavia, where white smoke is seen coming from the second-floor window of a residence.

UPDATE 8:54 a.m.: It's a dryer fire.

UPDATE 8:55 a.m.: Third platoon to stand by at headquarters.

UPDATE 8:56 a.m.: Fire is out.Ventilating.

UPDATE 10 a.m.: City fire back in service.

Law and Order: Batavia resident arrested on drug charges

By Howard B. Owens

Chad M. Johnston, 27, of 15 N. Lyon St., Batavia, is charged with criminal possession of a controlled substance, 7th, public appearance under the influence of a narcotic and possession of a hypodermic needle. Johnston was observed at 10:15 p.m., Monday, on Liberty Street by Officer James DeFreze, under the apparent influence of a drug. Upon investigation, Johnson was allegedly found in possession of heroin and a needle.

David Michael Robinson, 51, of Lake Street Road, Le Roy, is charged with forcible touching. Robinson is accused of touching the intimate body parts of another person after being told not to do so.

A 16-year-old and a 17-year-old resident of Porter Avenue are both charged with criminal mischief, 3rd, criminal tampering, 3rd, and unlawful possession of marijuana (16-year-old only). The youths are accused of going into the bedroom of their sister and brother-in-law and damaging all of their personal property, throwing everything on to the floor and down a stairwell. A marijuana pipe was found at the residence of the youth while Officer James DeFreze was at the location questioning the 16-year-old.

Jessica R Johns, 30, of 122 Jackson St., lower, Batavia, was arrested on a warrant out of City Court related to a DWI charge. Johns allegedly failed to report to jail. She was jailed on $5,000 cash bail or $10,000 bond.

Genesee County girls 14U softball team does well in first tournament

By Howard B. Owens

Photo and information submitted by Anne Stefaniak.

On May 18 and 19, Genesee Storm 14-U Girls Softball Team played its first tournament, the 2013 Orchard Park Softball Tournament. The team was formed in 2012. 

The tournament was played at Brush Mountain Park in Orchard Park. The girls won all three of their games on Saturday, beating Oakville (Canada) 12-3, Evans Storm 10-8, and the Cheektowaga Crabapples 10-2. 

Their winning streak continued through the semifinals game Sunday, beating the West Seneca Dazzlers 14-7.

The championship game was a hard fought defensive battle with the Genesee Storm leading the powerhouse Lancaster Heat after 4 innings 3-1. A few well-placed hits by the Heat ended the game 6-3, handing the Storm its first loss and second place in the tournament.

Team members pictured include; front row -- Ryann Stefaniak (Batavia) and Madison LaGrou (Oakfield). Back row -- Alex Reigle (Elba), Taylor Stefaniak (Batavia), Tabitha Golda (Elba), Carlie Bogue (Elba), Bri Janes (Batavia), Alisha Scroger (Medina), Anna Kabel (Oakfield), Hannah LaGrou (Oakfield) and Alyssa Meyer (Attica), -- not pictured is Hannah Bowen (Batavia). Team coaches are Rich Stefaniak, Eric Klotzbach, Paul Schwartzmeyer, and Mark Janes.

The Storm will be playing next in the 17th Annual Coca-Cola Classic Tournament at Walden Pond Park in Lancaster on June 1 and 2.

Suspect in home invasion sexual assault in Le Roy charged with multiple felonies

By Howard B. Owens

A 29-year-old Gilbert Street resident ahs been accused of sexually assaulting another Gilbert Street resident May 9 and is being held without bail on felony charges.

Charles D. Johnson, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, is charged with 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.

Johnson's arrest came at the end of a two-week investigation that Le Roy PD described in a press release as "intensive" and involving assistance from law enforcement in multiple jurisdictions.

Among the cooperating agencies was the Florida DNA Databank.

Johnson is accused of busting into the residence of a woman on Gilbert Street and sexually assaulting her at knife point.

In its press release, Le Roy PD praised the bravery of the victim "who was placed into a violent situation and handled herself with dignity."

Assisting Le Roy PD were officials at the state and national level who, Le Roy PD said, "understood the seriousness of this crime and worked cooperatively together to assist the victim, gather and process the evidence, identify witnesses and a suspect and eventually make an arrest."

Immediately after the crime was reported, police responded from Le Roy and the Sheriff's Office along with the K-9 units from the State Police and Monroe County to conduct a search for the assilant.

The Genesee County and Monroe County reap crisis agencies also assisted.

Also involved were the Monroe County Crime Lab, NYSP Crime Lab and the District Attorney's Office.

Voters approve City Schools budget and capital project plan

By Howard B. Owens

According to the unofficial vote count released by the Batavia City School District, voters approved the district's budget and approved the capital project.

The $41,981,241 spending plan received 505 yes votes to 201 no votes.

The $3.8 million capital project was approved 454 yes votes to 233 no votes.

Also approved 557 to 128 was a change to the transportation plan.

For the results of school district votes throughout Genesee County, WBTA, The Batavian's official news partner, is tracking the results: click here.

School district receives BEA award

By Howard B. Owens

Photo and information submitted by Robert Mullen.

The Apple Award - Presented to the Batavia City School District...

...at the Genesee County Chamber of Commerce - Business Education Alliance - Annual Spring Breakfast Meeting held on Fri., May 17th, 2013 at the Terry Hills Golf Course, Restaurant, & Banquet Facility.

Accepting the award (pictured L to R) from BEA President Mrs. Kitty Maerten (Superintendent of the Alexander School Distirict) are Mrs. Jillian Thomas - High School Business Teacher and Junior Achievement Coordinator for the Bataiva City Schools, Mr. Shawn Clark - Batavia High School Principaland Mrs. Eileen Ognibene - High School Business teacher and coordinator for the B.E.E.P. (Business Education Employability Profile) offered through the Career and Financial Management course offerings.

The Apple Award is given to schools and/or programs that exemplify the characteristics of authentic learning through educational opportunities that integrate real world business experiences (both in-the-classroom and out-of-the-classroom) for enhanced student learning. Batavia City Schools was recognized for having a superintendent on the BEA board, a liaison who attends the monthly meetings, junior achievement programs offered in the district, a job shadowing program, a CFM class that worked with the BEA to offer mock interviews, job shadows, and an employability portfolio (B.E.E.P.) that students interviewed for in order to qualify for a scholarship.

Le Roy American Legion Auxiliary kicks off poppy drive, names 'Miss Poppy'

By Howard B. Owens

Village of Le Roy Mayor Greg Rogers purchases a poppy from Sundae Duyssen, Miss Poppy, American Legion Auxiliary Unit 576.

Photo and information below submitted by Suzanne Duyssen.

Sundae is a first-grade student at Wolcott Street School in Le Roy. She dances ballet at Fusion Dance and participates in many events/walks for muscular dystrophy and many other causes. Sundae loves school, country music, playing games, shopping and art. She is very excited to be Miss Poppy 2013 and represent the Le Roy American Legion and its many members by helping distribute poppies at TOPS in Le Roy on Saturday and marching in the Memorial Day Parade with many of her family members. Sundae’s great-aunt, Maureen Maher, was a past Miss Poppy.

Sundae is the daughter of Dan and Suzanne Duyssen, of Le Roy, and sister of Jack Duyssen. She is the granddaughter of Bob and Ann Duyssen, of Le Roy, and Rose (and the late Pat) Maher, of Bergen. Sundae is also the great-granddaughter of Dorothy (and the late Elliot) Pickell and Kathleen (and the late Robert) Maher.

Stafford woman admits to false reports while filing for food stamps

By Howard B. Owens

A 26-year-old Stafford resident is looking at $6,184 in restitution to the Department of Social Services and possibly six months in jail after pleading guilty Monday to a single felony count of offering a false instrument for filing, 1st.

Stacy Patterson was originally charged with four counts of offering a false instrument for filing.

As part of the plea deal, Patterson is ineligible for future social services payments.

Patterson submitted various forms to DSS from October 2010 through October 2011 and in the process failed to report her husband's wages from his employment.

Patterson was receiving food stamps at the time.

Sentencing is set for 9:30 a.m., July 15.

Unemployment rate improves for Genesee County, but county still has fewer jobs

By Howard B. Owens

Even with the opening of Alpina and the ramp up of Muller Quaker in the Genesee Valley Agri-Business Park, Genesee County lost 300 jobs year-over-year for April, according to data released by the NYS Department of Labor.

Even so, the unemployment rate for the county dropped to 7.1 percent, the lowest April since 2008, when the county's unemployment rate was 5.4 percent.

The April 2012 rate was 7.6 percent.

The total number of non-farm jobs in the county hit 21,900 for April 2013, compared to 22,200 in April 2012.

The data does show an increase in jobs from March 2013 when the job count was 21,700.

The unemployment rate in March 2013 was 8.0 percent.

The state's unemployment rate is 7.3 percent, which is an improvement over the previous month and as well as a year ago.

The national unemployment rate is 7.1 percent.

In Orleans County, the unemployment rate is 9.3 and it's 7.8 percent in Livingston and 8.3 percent in Wyoming.

Brothers suspected of having multiple sexual abuse victims over three-decade period

By Howard B. Owens

The brother of a former Batavia resident already under a grand jury indictment for allegedly abusing children has been taken into custody by the FBI and accused of transporting children across state lines for sexual purposes.

David Allen Vickers, 49, of Stanley, is accused of taking a child on his commercial truck driving trips to New Jersey, Pennsylvania and Canada and engaging in sexual activity with the child.

The investigation into Vickers began after the recent arrest of Sean M. Vickers, 44, of 117 Andes St., Geneva, for allegedly sexually abusing children in Batavia more than a decade ago.

Media coverage of Sean's arrest prompted other alleged victims to come forward and led to the investigation of David.

The two bothers are suspected of being involved in sexual abuse going back as long as 30 years ago and which has continued until as recently as two months ago.

Authorities encourage any parent of a child that came into contact with either of the brothers, or any adults whose children came into contact with either of the brothers to get in touch with local law enforcement.

Numerous alleged victims have already come forward, according to police.

Sean Vickers is also a suspect in sexual abuse cases in Niagara County.

Thunderstorm watch issued for WNY

By Howard B. Owens

The National Weather Service has issued a severe thunderstorm watch for all counties in WNY through 9 p.m.

Thunderstorms are expected to pound the region through Thursday morning.

Brockport man faces drug dealing and DWI charges following traffic stop in Le Roy

By Howard B. Owens

A suspected drug dealer out of Brockport was busted during a traffic stop for alleged speeding by a state trooper in Le Roy on Friday night.

The 23-year-old suspect was allegedly driving 100 in a 55 mph zone at 8:39 p.m. on Route 19.

(name redacted) was initially taken into custody for alleged drunken driving by Trooper Eric Daigler.

Upon searching xxx vehicle, Daigler allegedly found a pink plastic cup on the rear passenger-side floorboard that contained ice and a beverage that smelled strongly of alcohol.

As Daigler continued to inspect the vehicle, he found a case for contact lenses that allegedly contained a mix of illicit pharmaceuticals, including amphetamine, dextroamphetamine, adderall and alprazolam.

Daigler also reported finding a backpack with a bag of a clear granular substance and a bag of marijuana.

xxx was transported to the Batavia Barracks where he submitted to a chemical test and allegedly tested for a BAC of .18.

Upon further investigation of the backpack at the barracks, Daigler allegedly found two pipes containing marijuana, another contact lense case containing more pills and two more bags of a clear granular substance.

Members of the Community Narcotics Enforcement Team were summoned to the station to assist in the investigation.

It was determined that xxx was allegedly transporting more than 25 grams of MDMA, a controlled substance better known as Ecstasy.

Charges filed against xxxx include controlled substance not in original container, criminal possession of a controlled substance, 7th, criminal possession of narcotics with the intent to sell, criminal possession of a hallucinogenic substance, unlawful possession of marijuana, driving with a BAC of .18 or greater and driving while ability impaired by drugs and alcohol.

Following arraignment in Le Roy Town Court, xxx was jailed without bail.

Photos: Troop A honors those who have fallen in the line of duty

By Howard B. Owens

State Police and members of the regional law enforcement gathered today at the Batavia Barracks of Troop A to honor their brethren who have fallen in the line of duty.

U.S. Attorney for WNY William Hochul was among the speakers. He quoted Matthew 5:9 -- "Blessed are the peacemakers, for they will be called children of God" -- and told the families of those who had fallen that police officers do more than enforce laws, they are the peacemakers who keep communities safe so they are assured of honor in the eyes of God.

To purchase prints from this event, click here.

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