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Possible fire in the area of Old Creek Road and Cookson Road, Alexander

By Howard B. Owens

An unknown type of fire has been reported in the area of Old Creek Road and Cookson Road in the Town of Alexander.

Alexander Fire Department is responding.

UPDATE 8:32 p.m.: It appears to be a controlled burn.

UPDATE 8:37 p.m.: The fire is at 9519 Old Creek Road. Alexander will extinguish the fire.

Sexual abuser said to show little remorse, given 20 years to life in state prison

By Howard B. Owens

The picture that emerged in Genesee County Court this afternoon of Stephen Irving Stone was that of a 45-year-old man with little remorse and with little understanding that sexual abuse of children is wrong.

The only positives Judge Robert C. Noonan found in Stone was that he has no other criminal history and that by pleading guilty Feb. 24 to predatory sexual abuse he saved his victims from the torture of testifying in open court.

For those "limited reasons," Noonan said, he took a little time off the possible maximum sentence and sent Stone to prison for 20 years to life.

Stone's only words in court came after Noonan asked if he wanted to make a statement.

"No, your honor. It is in your hands, sir," said Stone, who came into court with a fully grown beard and shackled and in a jail orange jumpsuit.

The sentencing range available to Noonan was from 10 years to life to 25 years to life.

Assistant District Attorney Kevin Finnell spoke at length about Stone.

"When I read the PSI (pre-sentence investigation report), I came away with three thoughts," Finnell said. "This is a defendant who rationalizes, who minimizes and who fails to accept responsibility."

"I saw nothing," he added, "that said he expresses any kind of remorse or concern for his victims."

Defense Attorney William Harper said he had a slightly different read of the PSI, that Stone had "in his limited ability to do so" expressed remorse and that just prior to his arrest, he had come to the realization that what he was doing was wrong.

"Mr. Stone was indoctrinated into this behavior from an early age by multiple abusers," Harper said. "By his teenage years, he thought it was normal. In my last conversation with him, he told me he is full of regret."

Noonan said Stone's prior abuse was no excuse for his behavior, but noted that his own victims stand a better chance of being able to move on with their lives because Stone was caught, and they were willing to tell investigators what happened and will now benefit from more modern treatment programs.

"This case is one of the most vile set of circumstances I have had the responsibility to be involved in," Noonan said.

"It's amazing to me," he added, 'that a person could have such callous disregard for other human beings."

Noonan said the details of the crimes -- more than 100 acts over a several year period -- that Stone admitted to as "so disturbing" that he couldn't refer to the descriptions in public.

Photo: Barn, Judge Road, Oakfield

By Howard B. Owens

I made a picture of this barn two springs ago and a lot of people said they liked it at the time, but as I learned more about photography, I was unhappy with the picture -- it lacked some pop with the overcast sky. Last spring, as soon as the dandelions bloomed, I went back to try a retake, but I drove out to Judge Road in the late afternoon, so the shadows on the west side of the barn were too dark.  This morning, with the dandelions in bloom, I tried again.

Man who participated in burglary on Maple Street given six years in prison

By Howard B. Owens

A Rochester man with no permanent address said he was just looking for gas money to get back to the city when he went along with a burglary at 10 Maple St., Batavia, on Dec. 11.

Frederick H. Robidoux Jr., 49, will spend six years in prison, Judge Robert C. Noonan ruled this morning.

Robidoux went along with Eric P. Doleman, 41, a former Thorpe Street resident, to the home of a Batavia man who had recently been locked up on drug charges.

An alert neighbor spotted the two men at 3 a.m. loading up a truck with items from the residence.

Doleman entered the apartment through a window while Robidoux waited outside.

For his part, Robidoux entered a guilty plea to attempted burglary Feb. 29. Two days earlier, Doleman admitted to burglary, 2nd, and aggravated unlicensed operation, 1st, and has yet to be sentenced.

District Attorney Lawrence Friedman told Noonan that Robidoux received all of the consideration he should through his plea deal, which reduced his possible maximum sentence down from 15 years to seven.

Defense Attorney Fred Rarick argued that much of Robidoux prior criminal record never led to convictions -- except one prior felony -- and a three or four year sentence would be more appropriate.

Rarick also took issue with a statement in the pre-sentence probation report that said Robidoux didn't accept responsibility for his actions.

"He does take full responsibility," Rarick said. "He's very remorseful."

Robidoux said, "I'm sorry I did it and I take full responsibility. I needed money to get back to Rochester or I wouldn't have been there."

The matter of restitution is still pending. Rarick contends that some of the items the victim claims were stolen were not on the property list of items recovered by police. And given the fact that the two men were captured within minutes of leaving 10 Maple St., it's not reasonable to conclude they took those items.

A hearing on restitution is scheduled for next month.

Law and Order: Woman accused of stealing credit card, phone from her mother

By Howard B. Owens

Samantha M. Williams, 31, of Warsaw Road, Le Roy, is charged with robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. Williams is accused of getting into an argument with her mother at about 9 a.m., Tuesday, while in a vehicle on Seven Springs Road. Williams allegedly took her mother's credit card. When her mother attempted to call 9-1-1, Williams allegedly took the phone and got out of the vehicle. Williams was located outside a business on East Main Street Road a short time later.

Raymond James Radley, 46, of Cook Road, Pavilion, is charged with forcible touching. Radley is accused of forcibly touching the intimate parts of a woman during an argument.

'Operation Safe-Stop' nets seven alleged speeding violations

By Howard B. Owens

Seven drivers in the City of Batavia received tickets today for allegedly speeding in school zones as part of an increased enforcement effort aimed at improving safety for schoolchildren called "Operation Safe-Stop."

The extra enforcement was funded through a grant from the governor's Traffic Safety Committee.

The primary target was drivers who fail to stop for school buses that are dropping off or picking up children, but no such violations were observed today, according ot the Batavia PD.

Officers will continue unannounced enforcement efforts throughout remainder of the school year.

The Yankees are coming! The Yankees are coming! The Yankees are coming!

By Howard B. Owens

Sports history will be made Friday when for the first time ever, a Triple A baseball franchise will play ball in Batavia.

The Yankees farm club will call Dwyer Stadium home for four days, playing the Orioles franchise out of Norfolk.

There are still a few box seats available and some general admission tickets are still on sale. For tickets, call (585) 343-5454.

Opening pitch Friday is at 7 p.m.

Budding entrepreneurs looking to expand the menu of locally delivered meals

By Howard B. Owens

Batavia is blessed with a number of great pizza shops, and they all deliver.

But what if you're hungry for souvlaki, some brisket, chow mein or a plate of tacos? Good luck getting anything not on a pizza shop menu brought to your home or business.

Will Barton and Jon Sce hope to change that.

The pair of Batavia natives have launched a food-delivery service called Easy-Eats. For a delivery fee of $3, they will bring a hot, fresh meal to your door from a local restaurant.

So far, only one local restaurant -- Sport of Kings -- has signed on to the service. But Barton, pictured above on the left, and Sce hope other restaurant owners will see the value of expanding their customer base to include people who don't necessarily want to go out  -- they would rather stay home but not cook.

"See a need, fill a need, right?" said Barton, quoting an oft-cited entrepreneurial credo. "They have these kinds of businesses all over the country, so we thought we would bring it to Batavia."

Typically, Sce said, there are restaurants in communities that are interested in home delivery, but breaking into that business opens a new level of complexity that most restaurant owners don't want to tackle.

Easy-Eats gives restaurant owners an option for expanding their customer base, Sce said, without taking on the logistics of managing a delivery business themselves.

Both Barton and Sce have several years experience in pizza delivery, and as lifelong residents, they know their way around town, which they think is an advantage.

"We know the town in and out," Barton said. "We're just trying to take that skill and, you know, bloom where you're planted."

Customers who want to order a meal can call the service at 815-1117 or go online to Easy-Eats.com, where ordering becomes even more convenient. The restaurant menu is online. You just select what you want, check out and pay. And before long, you have a meal in your home (We tried it last night).

Restaurant owners who wish to participate can contact Barton or Sce at 815-1117.

Batavia Animal Hospital planning entirely new facility

By Howard B. Owens

The Batavia Animal Hospital is going to be much bigger by the fall.

The plan by the clinic's owners, Perry Veterinary Clinic, is to tear down the existing building and build a new one just behind the current location at 3699 W. Main St. Road.

The hospital will expand from 3,000 square feet to more than 6,300 square feet.

Architect Steve Tanner, of Clark Patterson, described the new facility as "state of the art."

Among the high-tech features will be a radiology system that will allow vets in Perry's other facilities, or from home, to view x-rays and consult with the vets in Batavia, according to Bob Bausch, practice manager for Perry.

The new facility will also have what Bausch said is now standard practice in vet facilities -- a comfort room, which is a room where owners can be with their pets who are to be euthanized.

Bausch said the current facility has a hard time accommodating two doctors and the business has grown so much since it was opened in 1961 that there's "hardly room to move," he said.

The new facility will accommodate three to four doctors and Perry expects to add four to five new additional support staff.

The business will also include a new clinic to dispense pharmaceuticals for livestock.

The current hospital will remain open and in operation during the construction of the new facility behind it.

Town of Batavia Planning Board members gave initial approval to the site plan Tuesday.

Perry acquired Batavia Animal Hosptial from former owner Dr. Raymond Pray in October.

Steve Tanner

Bob Bausch

Jail phone system out of service, under repair

By Howard B. Owens

The phone system for the Genesee County Jail is out of service for technical reasons.

Repair crews are on scene.

Emergency contact with the jail can be made through the dispatch center at 343-5000.

Mug Shots: suspects on Batavia PD's warrant watch list

By Howard B. Owens

There are 14 people listed on the Batavia PD's warrant watch web page. Here are five people currently being sought by police.

The website warns people against trying to apprehend these suspects themselves. If you spot the individuals or know their whereabouts, police ask that you call 9-1-1 or (585) 345-6350 to speak to a dispatcher or call the anonymous tip line at (585) 345-6370.

Christina M. Maynard, 30, last known address is 134 State St., Batavia; bench warrant for alleged operation of a motor vehicle while intoxicated, 1st.

Shane D. Vandenberg, 32, last known address is 20 S. Main St., Batavia; bench warrant for alleged menacing, 3rd, and violation of probation.

Larry K. Brewer, 46, last known address is 3 Maple St., lower; five warrants for aggravated unlicensed operation, 3rd, aggravated unlicensed operation, 2nd, criminal contempt, 2nd, criminal contempt, 1st, and two counts of harassment, 2nd, and criminal contempt, 1st, and aggravated harassment.

James Haynes, 25, with a last known address on South Lyon St., Batavia; warrant for attempted assault, 3rd.

John W. Biaselli, 43, with a last known address of 218 State St., Apt. #8; bench warrant for alleged criminal sale of a controlled substance, 5th.

Field fire reported off Route 20, Alexander

By Howard B. Owens

A field fire is reported in the area of 2757 Route 20, Alexander.

Alexander Fire Department dispatched.

A passerby reports that it looks like a controlled burn that has now spread.

UPDATE 10:12 a.m.: A brush truck from Darien was requested, but a chief on scene now requests that Darien stand by in quarters.

UPDATE 10:16 a.m.: Darien back in service. One Alexander unit canceled.


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Batavia man listed on city's warrant watch page located and arrested

By Howard B. Owens

A 19-year-old Batavia man who was listed on Batavia PD's warrant watch web page for a few weeks was arrested Monday after being located at Kibbe Park.

Name Redacted was wanted on two outstanding warrants out of city court, one stemming from unlawful possession of marijuana charge and the other on an endangering the welfare of a child charge.

Following arraignment, xx was jailed on $1,100 bail.

The first charge against xx was filed May 28 when xx allegedly served alcohol to people under 21 years of age.

The unlawful possession of marijuana charge stemmed from a Sept. 19 visit by the probation department at his residence when xx was allegedly found in possession of a smoking pipe with marijuana residue.

There had been a warrant issued for xx out of Town of Batavia Court on March 26, but it was recalled yesterday and the court record was sealed.

Two men seen stealing sheet metal from barn on Clipknock Road

By Howard B. Owens

Two people apparently stole some salvaged sheet metal from inside a barn on Clipknock Road, Stafford, this morning.

The suspects are described as "average white males."

They were last scene about 40 minutes ago heading east on Sweetland Road in a '90s-era white pickup truck.

It sounds like it should be easy to spot with the sheet metal piled high in the back of the truck bed.

The truck may be heading toward Rochester.

Anybody with information that may assist the investigation can contact the Sheriff's Office at 343-5000.

Firefighters accused of being bookies still on city payroll

By Howard B. Owens
Gregory Phillips Brian Bordinaro Lance Engel

Gregory Phillips, Brian Bordinaro -- two city firefighters accused of running an illegal bookmaking operation -- are still on the public payroll, according to City Manager Jason Molino.

Under New York's civil service law, employees accused of wrongdoing can't just be fired. There is a legal process for disciplinary action.

The city is working with the Sheriff's Office in obtaining evidence that might be used in a disciplinary process, Molino said, but no formal action has been taken yet.

The law requires that once a government agency suspends an employee without pay, the employee is allowed a disciplinary hearing -- where evidence is presented to support any disciplinary action -- and the employee can mount a defense within 30 days.

"We're still in the process of investigating things," Molino said.

Phillips and Bordinaro were arrested along with another public employee, Lance Engel, in February, and charged with criminal possession of gambling records.  Phillips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small quantity of cocaine.

Yesterday, the three men were arraigned on new charges, accusing them essentially of racketeering under New York's "enterprise corruption" statute, and of promoting gambling. 

Enterprise corruption is a Class B felony with a maximum possible prison term of eight-and-a-third to 25 years.

The three men are accused of running a criminal enterprise that generated at least $1 million in bets and more than $70,000 in profits.

The District Attorney's Office presented the suspects' defense attorneys with a six-inch high stack of paper that is reportedly the evidence gathered against the three men so far.

Sgt. Steve Mullen, lead investigator on the case, said the investigation is ongoing. The Sheriff's Office is still waiting for data from the computers and mobile phones seized when officers with search warrants raided the homes of the three men in February. The lockers at the fire hall of Phillips and Bordinaro were also searched.

The evidence gathered thus far covers only a portion of the time the trio is believed to have been allegedly involved in bookmaking.

Mullen said yesterday that some of the people who allegedly placed bets through the operation were in debt to the three suspects for thousands of dollars.

Investigators have indicated -- though are still trying to determine for certain -- that Phillips and Bordinaro were allegedly receiving betting-related text messages and phone calls while on duty.

Possible injury accident on Route 33 at Wortendyke Road

By Howard B. Owens

A motor-vehicle accident with injuries has been reported at Route 33 and Wortendyke Road.

It may be a rollover accident.

Power lines may be down.

UPDATE 4:08 p.m.: Dispatchers are receiving conflicting reports on injuries. Trooper on scene reports the pole is tilted but wires are not down.

UPDATE 4:16 p.m.: Minor injuries. East Pembroke Fire Department is on scene.

BREAKING: Alleged bookies charged under NYS organized crime statute

By Howard B. Owens

Three men accused of illegally accepting bets, including two city firefighters, are being charged under NYS law of racketeering.

The "enterprise corruption" statute is similar to the federal RICO (Racketeer Influenced and Corrupt Organizations Act) law.

The Class B non-violent felony carries a possible minimum sentence of one to three years in prison and a maximum eight-and-a-third to 25 years. Probation without prison is not a sentencing option.

Gregory Phillips, Brian Bordinaro, both city firefighters, and  Lance Engel, a chef at the Western New York Veterans Home, appeared in Batavia City Court today to answer to the new charges, which also included promoting gambling, a Class E felony.

All three men entered not guilty pleas.

"My client entered a plea of not guilty and we certainly stand by that plea," said Engle's attorney, Joseph LaTona, outside the courthouse after the proceedings.

Their cases were bound over until Oct. 23, giving the District Attorney's Office time to consider whether to seek a grand jury indictment or take another course of action -- such as a possible plea deal.

All three men are out of jail on their own recognizance.

In February, they were arrested following an investigation by the Local Drug Enforcement Task Force, and charged with criminal possession of gambling records, a Class E felony. Philips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small amount of cocaine.

Investigators claim the three men were conducting an illegal bookmaking operation that grossed more than $1 million in bets and generated more than $70,000 in profits. 

The trio's defense attorneys today were presented with what is known as "discovery" -- material that the DA believes substantiates the charges. In this case, each attorney walked out of the courtroom with paperwork nearly six inches high.

The material represented, according to Sgt. Steve Mullen of the Genesee County Sheriff's Office, the fruits of his team's investigation, including phone records, text messages and other records collected so far.

There are still computer and mobile photo data to be compiled and analyzed, Mullen said, and any new evidence uncovered could potentially be turned over to District Attorney Lawrence Friedman, who could consider additional charges.

According to article 460 of the NYS penal law, a person is guilty of enterprise corruption when the person has knowledge of a criminal enterprise, participates in and has an interest in (as in ownership) of that criminal enterprise and is guilty of at least two other felonies (not including conspiracy) associated with the criminal enterprise.

One of the key elements in a case like this that sets an illegal gambling operation apart from legal forms of gambling in New York is that bookmakers often extend credit to their customers, Mullen said.

"If you go to the Downs or buy lottery tickets, you're spending money you have in your pocket," Mullen said. "It can still effect your family in adverse ways by spending money that is dedicated, or could be better dedicated, to other necessities in the home. In (a bookmaking) case, you’re able to gamble and continue to gambling without having the money in your pocket.

"From what the records (in this case) show," Mullen added, "there are people who ended up thousands and thousands of dollars in debt."

Mullen acknowledged that there are people in the community who don't think the bookmaking laws should be enforced, but it's not his job to change the law, just enforce it.

"Certainly, if these guys did profit in excess of $70,000, like it’s alleged, then it means there’s some people who are out of a substantial sum of money," Mullen said.

PHOTOS: Top, Phillips and Engle arriving at the courthouse; inset, Mullen; below, LaTona holding an armload of "discovery" and very bottom, Phillips leaving court with his attorney.

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