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Bodies found in Genesee River, but identification unconfirmed

By Howard B. Owens

Two bodies have been found in the Genesee River near the Elmwood Avenue bridge, reports WHAM13.

The bodies were found about a mile apart.

Officials have said they will not "speculate" as to whether the bodies are of David and Michael King, of Oakfield, who disappeared the night of Feb. 19 after apparently trying to cross the I-390 on foot at a spot above the Genesee River.

Previously: State Police still searching for brothers who may have mistakenly jumped into Genesee River

Abandoned car with Mexican plates raises suspicion, but has no apparent connection to a crime

By Howard B. Owens

An abandoned car with Mexican license plates drew the attention of local law enforcement this morning, with members of the Local Drug Enforcement Task Force responding, assisted by K-9 "Pharoah."

The car was thoroughly searched by hand and by "Pharoah," and no contraband nor other signs of illegal activity were found, said Sgt. Steve Mullen.

Through conversations with the U.S. Border Patrol, investigators were able to piece together that the car was purchased in Mexico by a Canadian citizen, who drove it to the Peace Bridge crossing. Canadian Customs, however, for an unknown reason, wouldn't let the man bring the car into his native country.

The man apparently made some statement to officials that he intended to ditch the car.

The car was towed and if it's not claimed, the tow company will likely sell it for scrap in order to recover tow and storage costs.

Batavia PD looking for missing 14-year-old

By Howard B. Owens

Police are looking for a 14-year-old boy described as a willful runaway and believed to be in Batavia.

The youth is identified as Timothy Vail. He was last seen wearing a black uniform. He has visible cuts and scrapes on his left forearm.

Timothy has green eyes and blond hair and is 5'1", 128 lbs.

Anybody with information, contact Genesee County Dispatch at 345-6350.

UPDATE: Timothy has been located and is safe.

Batavia woman accused of stealing from elderly women and tax fraud

By Howard B. Owens

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

Heidi L. Schollard, of 161 Bank St., is being held on $25,000 bail.

Schollard is accused of stealing money from two elderly women whom she cared for and filing false tax returns.  Schollard also allegedly received NYS benefits while employed.

The charges include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

Batavia knocked out of Mock Trial Tournament early; four teams left to vie for title

By Howard B. Owens

A team other than Batavia High School has a chance to win the 2012 Mock Trial Competition for the Genesee area, and following a quarter-final round Monday night, four teams are left, including two from Genesee County.

Those remaining are Pembroke, Notre Dame, Attica and Warsaw. They will compete at 5:30 p.m. Wednesday in the Warsaw County Courthouse.

It's the first time in the nine-year history of the competition that Batavia won't be among the semi-finalists.

In fact, the team that wins this year will be the first team in nine years not from Batavia to win.

The Blue Devils failed to even make the quarter finals.

A first-time quarterfinalist, however, was Pavilion, which had never won a trial before this year.

Pavilion has two new coaches -- Thomas A. Burns, a Batavia-based attorney, and Assistant District Attorney William Zickl Kevin T. Finnell.

The 2012 case involves an assault at a nightclub. The victim and the suspect were known to each other prior to the night of the attack. The victim bumped into the alleged attacker and spilled his/her drink. The suspect gave, according to witnesses, "a look that could kill." The victim was struck on the back of the head. The victim did not see the face of his/her attacker, but he/she believes he/she recognized the voice of the attacker singing a rap song about hitting a person on the head with a crowbar. The arresting officer is an admittedly rogue cop who works alone and uses his/her own investigative techniques. The cop previously Tasered and arrested the suspect on a case that was thrown out and for which the cop was disciplined and denied a promotion.

It's apparently a tough case for the prosecuting teams to win.

In mock trials, however, points are awarded on a number of factors and it's possible for the prosecution to lose the case but win on points, or conversely, the defense can lose the case and win on points.

The photos are of the Pavilion and Notre Dame teams.

Pavilion Team members: Joshua Yunke, Mackenzie Grasso, Tiffani Bragg, Hannah Smart, Gabrielle Henry, Heather Stefan, Austin Wolcott, Alexis Boundry and Sara Thompson.

Notre Dame team members: Meghan Zickl, Anneliese Aliasso, Andrew Fischer, Matthew Sausher, Kendra Wall, John Lapple, Ariana Aliasso, Rosalie Mortellaro, Jake Krajewski, Brittany Perzia, Caleb Nellis, James Spear, Anna Arner, Natalie Mouton, Katie Fischer, Andrew Cheverie and Rosemary Fulmerfeld.

Judges in the pictures are Eric, Adams, Jerry Ader and Micahel Mohun. Also judging during the quarter finals was William Zickl.

The finals will be at 5:30 p.m. Monday in the Genesee County Courthouse with Judge Robert C. Noonan on the bench.

If you're unable to view the slide show, click here. To purchase prints of these photos, click here.

Batavia Blue Devils JV team wins pair of tournaments

By Howard B. Owens

2012 March Madness 8TH Grade Champions
 
White team standing from left to right: Greg Mruczeck, Mike Rose, Matt Roach, Coach Alex Brasky, Xavier Green, Nashiem Harris, Coach Cam McDonald
Kneeling from Left to Right. Andrew Mruczek, Alex Candy, Tyler Prospero, Adonis Davis.

2012 Rochester Bash Tourney 8th Grade Champions
 
Blue team standing from left to right: Xavier Green, Terrell Mapes, Coach Alex Brasky, Jacob Schrider, Greg Mruczeck, Nashiem Harris
Kneeling from Left to Right. Mike Rose, Alex Candy, Tyler Prospero, Adonis Davis. Andrew Mruczek

Info and photos submitted by Joseph Prospero.

Anupa Seth, MD joins United Memorial

By Howard B. Owens

Press release:

Anupa Seth, MD recently joined United Memorial’s primary care practice, Batavia Family Care Center. She is Board Certified in Internal Medicine and completed a Fellowship in Pain Management at the University of Rochester Medical Center. Dr. Seth is a graduate of Sawai Man Signh Medical College in Jaipur, India. She completed her Residency in Internal Medicine at Unity Health System in Rochester and was an Anesthesia Fellow at Strong Hospital.
 
Dr. Seth resides in Rochester with her family. She is a volunteer and member of the Jain Society; has traveled extensively in the U.S. and India and visited Nepal, France, and the UK.
 
She is accepting new patients at Batavia Family Care, which is located within the Jerome Center at 16 Bank Street, Batavia. Most insurance plans, including Medicare and Medicaid are accepted. Please call (585)344-4800 for an appointment.
 
United Memorial has been working with Dr. Seth on plans for a future Pain Management Clinic

Two downtown businesses receive grants for facade improvements

By Howard B. Owens

Press release:

The Batavia Business Improvement District has awarded two more façade improvement grants to downtown businesses. The recipients were Francis Marchese, owner of 238 Ellicott St., and Brian and Beth Kemp, owners of T-Shirts Etc., 111 Main St.  

Both businesses received matching grants for improvements to their facades. Marchese received $1,550 for installing new windows and frames at his Ellicott Street property. The Kemps were awarded $447.66 for signage that brings back some nostalgia by mimicking the old J.J. Newberry-type letters. These funds were awarded based upon the Business Improvement District’s design guidelines  

The B.I.D. Design Committee has now awarded 78 matching grants totaling over $319,933 in funds to revitalize businesses within the district.  Currently, there are two more projects that have been approved and should be completed within the next two months.

The Business Improvement District façade improvement program was established in 1998 to provide economic assistance to property owners and tenants for exterior improvements to their buildings. It has contributed to the renewed vitality of downtown by providing economic assistance and preserving the character of its structures. 

According to Don Burkel, B.I.D. downtown manager, these improvements demonstrate a long-term commitment by these business owners to downtown and  positive steps for its future.  When you consider that 78 businesses have reinvested in total project costs of over $2,626,600 in the district, that’s pretty impressive.

Find out more about why it would benefit you to set up shop in Downtown Batavia. Contact Don Burkel, B.I.D. downtown manager, at (585) 344-0900 or visit www.downtownbataviany.com.

Law and Order: Pulling in and out of driveways in Corfu precedes DWI charge

By Howard B. Owens

Jason William Wolf, 36, of Hutchins Street, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, unlicensed operator and aggravated unlicensed operation, 1st. Deputy Kevin McCarthy was reportedly on routine patrol in the Village of Corfu at 3:51 a.m. Sunday when he observed a vehicle pulling randomly into driveways. Wolf was arrested following further investigation.

Jessica M. Miller, 18, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Miller is accused of hitting another person during a dispute.

Evan Ryan Anderson, 30, of 2832 Pearl St. Road, Batavia, is charged with operating while ability impaired by drugs. Officer Darryle Streeter responded to a report at 3:43 a.m. Saturday of a person passed out behind the wheel of a car with its engine running at 419 W. Main St. Anderson was allegedly found at the wheel of the car.

Daniel Jeffrey McGiveron, 26, Phelps Road, Basom, is charged with criminal possession of a controlled substance, 7th. During an unrelated investigation at 9:50 p.m. Saturday in Oakfield, McGiveron was allegedly found in possession of suboxone. Deputy Brian Thompson was assisted by K-9 "Pharoah."

Jessie Lee Jackson, 27, of Byron Holley Road, Byron, is charged with criminal mischief, 4th, and harassment, 2nd. Jackson was reportedly involved in a domestic incident in which he allegedly struck a vehicle with a skateboard and hit a person in the side of the head with his hand. Jackson was jailed on $800 bail.

Alexandra R. Wood, 21, of 8193 McCall Road, Le Roy, is charged with DWI, unsafe start and failing to yield the right of way. Wood was stopped at 2:14 a.m. Friday on Myrtle Street by Sgt. Michael Hare. Wood allegedly refused to submit to a breath test.

Grass fire reported on Asbury Road, Le Roy

By Howard B. Owens

A caller reports seeing flames and smoke in the area of 8993 Asbury Road.

A chief already on seen reports a possible large controlled burn at a property on East Main Road.

Le Roy firefighters will respond and put out the fire.

UPDATE 2:54 p.m.: A homeowner on East Main Road was advised of the open burn law and the fire department will put out the fire.

UPDATE 3:56 p.m.: The hydrant used at this incident now won't shut off. Monroe County Water notified. A chief reports it's cause a bit of a traffic problem on Route 5.


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Sheriff's Office pleased with results of DWI checkpoints that netted two arrests

By Howard B. Owens

In one of the first-of-its-kind "enhanced" DWI check points in the state Saturday night, only two people were arrested for driving under the influence of drugs or alcohol.

Local law enforcement is considering that a success, according to Chief Deputy Gordon Dibble.

"The fact that people know we're out there helps," Dibble said. "A lot of people say, 'why put out a press release and let people know what you're doing,' but the whole idea is to cut down on drinking and driving."

The program was funded by a grant from the governor's office and was designed to make it harder for people to avoid the checkpoints.

The checkpoints were set up in three different locations -- all in the City of Batavia -- during the course of Saturday night, and extra patrols were in the area looking for people who might be trying to avoid the checkpoint.

When the checkpoints were moved, the patrols involved would engage in a period of saturation patrols looking for drunken drivers before the next checkpoint was set up.

Le Roy PD participated Saturday with extra DWI patrols in the village.

"Only 1 percent of DWI arrests come at checkpoints," Dibble said. "But what they do is raise public awareness as much as anything else."

The vast majority of people, Dibble said (as well as officers on scene Saturday night) were cooperative and even thanked officers for the extra effort to get drunken drivers off the road.

One misconception about the enhanced checkpoints that Dibble clarified is what conduct will lead an officer to stop a car.

Merely turning down a street prior to a checkpoint is not necessarily enough reason to stop somebody.

Dibble said there is case law dealing with the these kinds of stops. In one case, a car turned into a parking lot of a closed business prior to a checkpoint. That stop was upheld by the courts. In another case, a car turned down a street prior to a checkpoint and that case was thrown out.

"It makes a lot of sense to me," Dibble said. "What we tell our patrols is we want probable cause to pull somebody over anyways. Turning may warrant a closer look to see how they're driving, but we're going to look for how you are driving, how you're making a turn and do you appear like you should be on a highway."

During the course of Saturday night, the Sheriff's Office and Batavia PD set up roadblocks on Clinton and Oak streets, and Ellicott Street just west of Cedar Street.

Arrested on Saturday were Dale R. Maxwell, 51, of Hamilton Street, Albion, and Aaron R. Rodger, 23, of Ellicott Road, Caledonia.

Maxwell was charged with DWI, driving with a BAC of .08 or more and consumption of alcohol in a motor vehicle.

Rodger was charged with driving under the influence.

Additionally, 26 citations were issued, including citations for operating while registration suspended, unlicensed operation, expired inspection, consuming alcohol in a motor vehicle, unregistered motor vehicle, uninsured operation, uninspected motor vehicle, inadequate headlights, tinted windows, aggravated unlicensed operation, 3rd, and failure to yield right of way.

The governor's grant covers three more enhanced checkpoints this summer.

Dibble said the Sheriff's Office considers them a good idea and will continue to run them on high profile weekends when they can do the most good.

"It's all about keeping our highways safe for the people," Dibble said. "We want people to have a good time and to get home safely. That can easily be done with a little forethought and a little planning ahead."

Elba celebrates Lady Lancers' state championship

By Howard B. Owens

Cheering, chanting, hugs and tears of joy were all part of a big celebration in Elba last night as the Lady Lancers brought home their Class D State Champions trophy.

"It’s amazing," said Meg Stucko. "It’s like  the best day of my life. I never thought the whole community would come together like this. It’s really awesome."

The whole community could celebrate together because the community won together.

Head Coach Tom Nowak praised dozens of volunteers, from scorekeepers to parents who traveled the state to videotape potential opponents in tournament games, along with all the fans who turned out to support the girls.

“They say it takes a whole community to raise a child,” Nowak said. “It takes a whole community to raise a state champion.”

The celebration in the gym followed a lights and sirens escort by the Elba Volunteer Fire Department through the village.

MacKenzie Bezon, who was Most Valuable Player of the title game, was amazed by the public's response.

"I can’t believe our community did this," Bezon said. "It’s not like just we won the championship. It’s the whole town. I just can’t believe it happened. We’ve been working so hard. I couldn’t believe it. I thought it was a dream."

Nowak said he was exceptionally proud that the Lady Lancers, who knew what to do, executed the game plan and their plays, and stayed in control.

"This is the most composed group of young ladies I've ever been associated with," Nowak said. "I was able to relax because I knew what they could do on the court."

After explaining the story because somebody told him recently "Coach, nobody is perfect," Nowak ended his remarks to thunderous applause when he said, "Right now and forever, these girls are a perfect 25-0."

If you're unable to view the slide show, click here. To purchase photos, click here.

Second time tonight, report of smoke in the area of Jackson Avenue

By Howard B. Owens

For the second time tonight, a caller is reporting smoke in the area of Jackson Avenue, between South Jackson Street and Oakland Avenue in the city.

Earlier, the cause of the smoke was apparently a small controlled burn of grass and leaves at a location on Creek Road.

City fire's Engine 12 is responding non-emergency.

UPDATE 11:32 p.m.: City command believes it's smoke lingering from the earlier incident. City fire back in service.

Smoke reported in the area of Jackson Avenue, Batavia

By Howard B. Owens

A caller reports smelling smoke in the area of Jackson Avenue, Batavia.

The smoke reportedly smells like grass burning.

City Fire Department is responding and the first unit on scene reports smoke in the area. Engine 12 is heading further down South Jackson Avenue, "It appears heavier down that way."

The wind is out of the southwest at two mph.

UPDATE 9:36 p.m.: A unit is going to head down Lehigh Avenue and see if anything is coming from the other side of the creek.

UPDATE 9:45 p.m.: The source appears to be out on Creek Road, Town of Batavia.

UPDATE 9:50 p.m.: A small grass and leaf fire with a circumference of 10 feet has been located. City fire is putting it out with a can. The Town of Batavia chief is being notified that city firefighters are putting out a fire in the town's district. Engine 12 is back in service.

UPDATE 9:55 p.m.: Ladder 15 back in service.


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Lady Lancers win state championship

By Howard B. Owens

The Elba Lady Lancers finish out 2012 with a perfect 25-0 season and a state championship after a win at Hudson Valley Community College today.

Elba beat Argyle High School 48--34 to take the team's first-ever state title.

Yesterday, Elba beat #1 seed South Kortright in the Class D semi-final to move on to today's final game.

McKenzie Bezon was named MVP and Meg Stucko was named to the All-Star Team. Kelsey Bezon won the Sportsmanship Award.

Photos: Batavians get their Irish on

By Howard B. Owens

Downtown Batavia was hoppin' on Saturday night with hundreds of local residents out to celebrate St. Patrick's Day. We stopped by Delavan's, T.F. Brown's, Bourbon & Burger, Center Street Smoke House and, of course, O'Lacy's.

If you can't view the slide show below, cick here. To purchase prints of any of these photos, click here.

Suspicious Condition: Photography in Le Roy!

By Howard B. Owens

A caller to dispatch has reported a "suspicious condition" in Le Roy -- two people taking random pictures of the village.

The caller said the two people have been in the village since at least 11 a.m. taking pictures all over the village of things such as buildings and street signs.

Apparently, the caller spoke with the two people and they said they were reporters from France.

That seems to be the straw that broke the camel's back and prompted the call.

A Le Roy police officer confirmed seeing people take pictures of a statue in the village and wanted to know if the photographers had been seen on private property.

No report of trespassing.

The officer will attempt to make contact, but didn't sound confident of finding criminal activity.

UPDATE 7 p.m.: The officer made contact. The photographers are from Pennsylvania and are taking pictures to post to Facebook. "Nothing suspicious," the officer reports.

Fines can be significant for people who violate state's open burn regulations this time of year

By Howard B. Owens

A fairly dry winter and an apparently early spring does increase the wild fire danger, and local residents should be especially mindful of the state's open burn regulations from now through May 14, said Tim Yaeger, coordinator for Genesee County Emergency Services.

This time of year, you can't burn leaves, you can't burn brush, you can't burn twigs and branches, you can't burn any other kind of organic material (and you can never burn non-organic material).

The only outdoor fire allowed right now is a small cooking fire that is closely monitored and maintained.

If a fire is spotted, emergency dispatch will be called, a fire company will respond and you could be fined.

"Law enforcement can be called and the fee is significant for those who burn illegally," Yaeger said.

Fires that get out of control -- which is easy in these conditions -- put property and lives at risk.

"During the burn ban time, our goal is to save lives and property," Yaeger said. "That's our biggest concern, that we don't have any property that's not intended to burn, burn, and we don't put any of the public or the firefighters at risk when these fires are preventable."

Leaves, especially, should not be burned, Yaeger said. The embers from such a fire can blow well beyond the fire area and ignite brush and wooded areas, creating potentially fast moving fires.

"We encourage people to compost their leaves," Yaeger said.

Once May 15 passes, organic matter can be burned in the rural parts of the county, and people can once again have small campfires (three feet high and four feet in width or diameter) and ceremonial or celebratory bonfires, but all fires must be attended and monitored.

Certain agricultural waste fires -- organic material -- are also permitted.

At no time can people burn inorganic material.

Last week Yaeger was at a meeting with the state's emergency coordinator and Yeager said the message was that "unsettled weather patterns" create a number of dangers for state residents.

Wind-whipped fire is one matter, but significant storms, even tornadoes are not out of the question.

"There's been some odd weather patterns in the Midwest," Yaeger said. "We hope nothing will occur, but with the weather patterns we're seeing, we must be concerned that we might get some unsettled weather this season."

If you spot a fire, the number to call is (585) 343-5000 or if an emergency situation call 9-1-1.

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