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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.

Quick response by volunteers at Pavilion fire saves a woman's life, her home and her pets

By Howard B. Owens

Quick work by volunteer firefighters responding to an initially vague report of a fire in Pavilion helped save a woman's life, save her two dogs and save most of her house, even though flames were shooting 25 feet in the air when firefighters first arrived.

Dispatchers initially received a call of flames or a red glow in the area of Route 19 at 11:36 p.m.

The alarm was sounded for the Pavilion Fire Department and volunteers roused from their beds started heading toward the fire hall, said Chief Paul Dougherty.

"The initial report put the fire at or near one of our member's homes, so he was able to tell us immediately it wasn't there," Dougherty said. "On his way to the station he saw where it was coming from and he was able to direct us to the location."

The fire was at 6918 Hutchinson St., a three-store Victorian built in 1860 and owned by Celia Milroy.

Milroy was home alone, sleeping, at the time the fire started. It started, apparently, her back porch.

Dougherty and another firefighter were first on scene and were advised by a Time Warner employee who was on his way to work that there might still be a person in the house.

The firefighters forced their way into the residence and broke through a glass window on the door and yelled to rouse Milroy.

She was initially skeptical that her house was on fire and wasn't in a particular hurry to leave, Dougherty said.

"It wasn't that she was scared," Dougherty said. "She was just taking her time. 'Let me get my shoes on.' 'Lady we don't have time for that.' We asked her if he had a key to the door because we'd knocked the glass out to yell into her, and we said, 'Lady, come on, do you have the key to this door? Can you open this door for us?" 'Just a minute. Just a minute.'" Dougherty chuckles recalling the conversation. "'We're in a bit of a hurry here, ma'am.' "

When she got out on the side porch and saw the flames, Dougherty said, that's when she was convinced her house was on fire.

Using Pavilion's foam truck and mutual aid from Le Roy, Bethany, York and Wyoming, firefighters were able to act quickly and save the house.

The enclosed back porch was heavily damaged, but most of the worse damage to the back half of the house is from smoke and water, Dougherty said. The front half of the house wasn't damaged at all.

Interior firefighters knocked the fire back pretty quickly, but with older homes and what is known as "balloon construction" the biggest danger is unseen flames climbing up the outside walls and into the attic.

"The quicker we could get in attic and make sure it wasn't traveling up there, the better," Dougherty said.

The roof was vented, which drew the flames up through the hole, giving firefighters an opportunity to effectively fight it before it advanced toward the front of the house.

"It was a good save," Dougherty said.

Also saved were two little dogs. The first was found quickly by firefighters and returned to Milroy safely, but the second one couldn't be located.

About 30 minutes into the fire fight, the small dog came charging out the back door, running over smoldering, hot timber, and was scooped up by a neighbor and given to a Pavilion firefighter, who carried the little guy to Mrs. Milroy, sitting with a neighbor across the street.

At least two firefighters were taken to UMMC for medical treatment, including one with heat exhaustion.

Interior firefighters told us it was pretty darn hot in the house on a hot night and several firefighters looked pretty beat when they first came out of the structure.

Also assisting at the scene were Le Roy Ambulance, City of Batavia's Fast Team, the Pavilion Auxiliary and the Sheriff's Office.

The cause of the fire has not yet been determined and Dougherty said it was too early to even take a guess at it.

UPDATE 9 a.m.: The cause of the fire has been determined to be "misuse of electrical equipment," according to a Sheriff's Office press release. Also, we didn't have a complete list of responding fire companies earlier. Also responding to the scene, Stafford and Perry. Bergen filled in at Le Roy's hall.

To purchase prints of photos, click here.

Rosenbeck responds to Hawley's defense of COR tax breaks

By Howard B. Owens

Jim Rosenbeck, a member of the Genesee County Libertarian Committee who's planning a run for an at-large seat on the City Council, submitted this response to Steve Hawley's defense of the COR Development tax breaks:

I often agree with Steve Hawley, as Libertarians often do, when republicans champion fiscally responsible positions. But that wasn't the case on May 17th. That day, Mr. Hawley put out a press release lauding GCEDC's successful effort to offer abatement of taxes to COR Development. COR will in turn use those subsidies to offset costs of remodeling their property in the Batavia Towne Center in order to fit the needs of the next tenant, Dick's Sporting Goods. In exchange for tax abatements approaching 2 million dollars, we are promised new local jobs and additional sales tax revenue.

As I recall, we heard that same promise once before when COR received six million dollars in tax abatement to develop their property for among others, the long gone Lowes Corporation. So now, we double down on our bet, while we hope and pray that Dick's Sporting Goods delivers as COR has promised. But let's look a bit closer at these promises. Is COR or Dick's promising full-time jobs? Are they full-time jobs that also pay a living wage? No, of course they aren't. During their public hearing COR talked in terms of full-time job "equivalents." That is corporate double talk for part-time and low-wage jobs, the kind of jobs that are fine for students but don't work so well for single moms who need to pay the rent. That is the dirty little secret that COR won't tell you and Dick's won't tell you, and sadly on May 17th, Steve Hawley also neglected to tell you. To add insult to injury the most handsome job created by GCEDC goes to the guy with the greatest vested interest in perpetrating the illusion of quality jobs. Yes, the best job that GCEDC has created to date is the one that is held by its President and CEO Steve Hyde.

But let's not forget the promise of sales tax revenues. Are we significantly increasing the size of the sales tax pie by subsidizing the development of Dick's Sporting Goods? I wonder. I would like to know what portion of any sales tax revenue produced by Dick's would still have been realized from a similar sale at Olympia, T-Shirts Etc., Barrett's or perhaps Fisher Sports. No one knows. For COR to promise significant increases in tax revenues is at best speculative and certainly self-serving. We should remain skeptical whenever we are promised sales tax revenue and jobs with one hand while the other hand lobbies our County Legislature for nearly a quarter of a million dollars for its own funding next year.

Growing government through Economic Development Corporations (EDCs) in order to address the problems created by big government....high taxes, over regulation, cumbersome bureaucracy is simply counter intuitive. Our economic problems are systemic. They are symptomatic of a state government gone awry. I am unwilling to accept that the answer to big government is to create a whole new bureaucracy with a CEO making close to a quarter of a million dollars a year. We need to stop creating the good jobs on the backs of the taxpayers  while promising a small sliver of the pie to the people who pay the bills. I am not ready to pretend differently. I am not ready to concede hope that we can do better. What we need is more truth and transparency in our government, not more promises that may or may not be kept. I agree with Steve Hawley much of the time. This time, I don't.

Photo: Sweat Pea's now serving ice cream

By Howard B. Owens

Sweet Pea's Cupcakery Café, on Jackson Avenue, has something new just in time for summer: soft-serve ice cream.

It's very good.

Pictured are owners Lyndsey Oliver-Farewell and Travis Farewell.

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