Le Roy

Collin Raye, who is celebrating 25 years as a recording artist this year, opened the 2016 concert season at Frostridge last night with a set that highlighted his #1 hits and other fan favorites.

Before the show, he met with fans who had purchased VIP passes, including one who presented him with a handmade guitar strap. He also posed for a picture with Frostridge owners David and Greg Luetticke-Archbell.

Among the opening acts were the Morgan Twins.

Press release:

U.S. Border Patrol agents assigned to the Rochester Border Patrol Station arrested a previously deported alien with a criminal record on June 6.

Le Roy Police Department turned over Juan Rivas-Silva, age 42, to Border Patrol after stopping his vehicle for a traffic violation. The Le Roy Police department had requested Border Patrol assistance during the traffic stop.

An agent from the Rochester Border Patrol Station interviewed Rivas-Silva, a citizen of Mexico. Rivas-Silva was in possession of an expired driver’s license and a Mexican passport. Rivas-Silva was determined by Border Patrol to be illegally present in the United States, placed under arrest, and transported to the Rochester Border Patrol Station for processing.

Rivas-Silva told agents that he entered the United States illegally in 1998 in California. While in the United States, Rivas-Silva has committed felony crimes including burglary, assault and battery, domestic violence, and driving under the influence. Rivas-Silva is held without bond pending his removal from the United States.

Rochester Station Patrol Agent In Charge Michael Werthman said, “The arrest of this individual highlights the cooperation between law enforcement agencies in bringing criminals to justice. I commend our agents and the Le Roy Police Department for their hard work and commitment to service.”

Leah J. Wimmer, 23, of Broadway Road, Darien, is charged with second-degree aggravated unlicensed operation, speeding (45 in a 30-mph zone) and unlicensed operation of a motor vehicle. Batavia PD received multiple reports from concerned citizens about a vehicle driving erratically on Clinton Street from the Bergen area shortly after 11 a.m. on June 3. No GC Sheriff deputies or NYS troopers were available. Batavia police located Wimmer driving on Clinton Street heading into the city. A traffic stop was conducted by Det. Sgt. Todd Crossett, assisted by Officer Marc Lawrence. Through the investigation it was discovered that Wimmer's driver's license was revoked. She was arrested and issued tickets. She posted police bail and was released. She is scheduled to appear in City Court at a later date.

Travis Domonic Brooks, 32, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. He was arrested at 8:07 a.m. on June 6 following an investigation into a domestic incident wherein he allegedly choked another person. He was arraigned and released under supervision of Genesee Justice. He is to return to City Court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Sgt. Dan Coffey.

Jamie L. Soto, 41, of West Main Street Road, Batavia, is charged with second-degree harassment. She was arrested at 11:04 a.m. on June 8 after allegedly striking an adult male in the face while at a residence on Liberty Street in the city. She is to be in City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jamie Givens.

Freddie L. Cunningham Jr., 54, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested at 8:10 p.m. on June 4 following an incident wherein he allegedly made verbal threats toward another person. He was arraigned in City Court and then released and is due back in court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Lindsay.

Regina M. Iannello, 56, of Platt Avenue, Le Roy, is charged with second-degree criminal contempt. She was arrested at 1:25 p.m. on May 13 after allegedly entering the residence on East Main Street in Batavia of a protected party of a stay away order. She is to return to City Court on June 21. The case was handled by Batavia Police Officer Jamie Givens.

Cody R. Moore, 27, of Clinton Street, Batavia, turned himself in on a bench warrant issued after he failed to appear and failed to pay a fine on a charge of aggravated unlicensed operation in the third degree issued Feb. 18 on West Main Street in the city. He was put in jail on $1,000 bail or $2,500 bond. The case was handled by Batavia Police Officer Jason Ivison.

Isaiah Munroe, 26, of Buell Street, Batavia, is charged with failure to appear. He was arrested after failing to appear in City Court on April 13 to answer a charge after he allegedly drove his vehicle with suspended registration in March. He was processed and released after posting bail and is due in City Court on June 22. The case was handled by Batavia Police Officer Mitchell Cowen.

Chase J. Francis-Whipset, 27, of Caledonia, was arrested on June 4 by the Le Roy Police Department and charged with: one count of criminal possession of a controlled substance in the 5th degree with the intent to sell, a Class D felony; aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony; unlawful possession of marijuana, a violation; speed in zone, a violation; unlicensed operator, a violation; and driver's view obstructed, a violation. Francis-Whipset was stopped by the Le Roy Police after allegedly operating a motor vehicle on East Main Street speeding. After a brief investigation, it was found that Francis-Whipset had a suspended driver’s license. Further investigation revealed that Francis-Whipset allegedly possessed a quantity of cocaine, marijuana and drug paraphernalia. Francis-Whipset was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of $3,000 cash bail or $6,000.00 bond. Francis-Whipset is to appear in court on June 8.

Blake Riley Pahuta, 18, of Alleghany Road, Pembroke, is charged with petit larceny, sixth-degree conspiracy, third-degree tampering, and unlawful possession of marijuana. A 17-year-old-female from Pembroke is charged in the same incident for petit larceny, sixth-degree conspiracy and third-degree tampering. The charges for both individuals stem from a shoplifting complainant from Kmart. Pahuta was operating the suspect vehicle from a larceny; the female was a passenger in that vehicle. Pahuta was observed northbound on Route 77 at 3:50 p.m. on June 6. As a State Police patrol attempted to stop the vehicle, a large black bag was thrown from the suspect vehicle. The vehicle was later stopped on Cohocton Road in the Town of Pembroke and at the end of the investigation, Pahuta and the female were arrested on the charges. They were taken to jail for processing, then released on appearance tickets for Town of Batavia Court and Pembroke Court at a later date(s). The cases were handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Michael Lute.

Nicholas Tyler Stutes, 18, of Wyoming Road, Wyoming, is charged with third-degree assault. He was arrested at 11 a.m. on June 2 following a complaint and investigation of an assault on Big Tree Road in Pavilion. The case was handled by Sheriff's Deputy Ryan DeLong.

Jenna T. Girolamo, 18, of Sutters Run, Rochester, and a 16-year-old female from Churchville, are charged with making graffiti, a misdemeanor, and trespass, a violation. The two defendants were allegedly found trespassing in Buttermilk Falls, Route 19, Le Roy, at 7:40 p.m. on June 4. They were also found to have allegedly made graffiti in the same area. They were arrested on the charges and issued appearance tickets for July 18 in Town of Le Roy Court. The case was handled by Sheriff's Deputy J.M. Diehl, and Le Roy PD officers E. Blodgett and Dent.

A 17-year-old male from Byron and a 17-year-old male from Bergen are charged with trespass, a violation. The two defendants were allegedly found trespassing in Buttermilk Falls, Route 19, Le Roy, at 7:40 p.m. on June 4. They were arrested on the charge and issued appearance tickets for July 18 in Town of Le Roy Court. They were accompanied by two females (previously cited above). All were removed from the property. The case was handled by Sheriff's Deputy J.M. Diehl, and Le Roy PD officers E. Blodgett and Dent.

Above from left: Nick Martin, Alex Ellison, Vinny DiRisio, Zach Howard, C.J. Gottler (seated), Bryn Wormley, Luke Rogers, Zach Marsceill (seated), Matt Fellinger, and Connor Willitt.  Coach Vern Howard and Coach Durin Rogers pictured to the rear.

Opening ceremonies.

Fellinger coming home for the winning run.

Fellinger under the tag for the win.

Rogers being congratulated for the walk-off triple.​

Submitted photos and story by Coach Durin Rogers.

Tri-Town 12U beat the Le Roy Knights 12U in what would prove to be a legendary game during the eighth Annual Michael Napoleone Tournament over Mermorial Day Weekend.

The Tournament is hosted by The Michael Napoleone Memorial Foundation, Inc., which was established in 2007 and is in memory of Michael C. Napoleone, the 8-year-old son of Mark and Laurie Napoleone from Batavia who died from Burkitts Lymphoma/Leukemia, an aggressive form of blood cancer. During Michael’s illness, the community rallied around the family to assist with food, gas, medical bills and other necessities. The not-for-profit foundation was created to give back to those who cared, to give forward to those in need and to support research efforts in finding a cure for childhood cancer.

The 2016 victory was bittersweet for Tri-Town, who had lost to the Le Roy Knights in extra innings during the 2015 Tourney. Tri-Town and Le Roy had each won their three games in the tournament that began Friday and ended with the Championship on Sunday May, 29^th. Tri-Town defeated the WNY Spartans 10-0 and 13-5; Fairport Red Rage 12-2; Greece Gladiators 21-1.

Both Tri-Town and the Le Roy Knights had strong showings in all of their games and depth at pitching. Tri-Town pulled home-field advantage, having held its opponents to fewer runs than Le Roy over the tournament. Zach Howard received the call to open pitching for Tri-Town, while the lefty Collin McCauley got the nod for Le Roy.

Following strong pitching by Howard and McCauley and a scoreless first inning, Le Roy then sparked its offense scoring two runs in the top of the second inning on a well-placed double by Zach Vanderhoof and error by Tri-Town. Le Roy held Tri-Town without score in the bottom of the second and added two more runs to its cause in the top of the third inning. Tri-Town then broke out in the bottom of the third inning on the bats of Luke Rogers (1B), Connor Willitt (1B) and Vinny DiRisio (1B) scoring Zach Marsceill, Matt Fellinger and Rogers.

Nick Martin then took the mound for Tri-Town at the top of the fourth inning following a strong outing by Howard limiting the Le Roy team to four runs over the three innings. Le Roy scored another run in the top of the fourth on a McCauley double and a Brady Fix single before Martin struck out the final two batters to end Le Roy's fourth inning run.

 Le Roy’s power pitcher, Kenny Saunders, brought heat to bear on Tri-Town’s lineup. Yet, Tri-Town's Alex Ellison’s lead-off double in the bottom of the fourth along with his speed on the bases led to a Tri-Town score, keeping the game close in the 5-4 battle at the end of four.

At the top of the fifth inning, Le Roy poured it on scoring three additional runs on a double by McCauley and another single by Fix. Tri-Town would add to its cause scoring two runs on hits by Howard (1B) , Martin (1B), and Rogers (1B), to make the game an 8-6 affair in favor of Le Roy. Le Roy was then stymied by Tri-Town's defense and Martin's pitching in the top of the sixth inning, leaving the score at 8-6 LeRoy and providing Tri-Town one last opportunity at bat.

Tri-Town's Ellison led off with a solid double. Le Roy pitcher Saunders and Le Roy's stellar defense resulted in the next two outs in the field with a runner on second. Tri-Town's Bryn Wormley's quick reaction and legs beat out a throw to first base following a dropped third strike, putting runners on first and second.  Tri-Town's Fellinger had an epic at bat when he proceeded to foul off the next 11 pitches to a startled crowd before earning the walk to load the bases.

This year, Tri-Town would not be denied. With two puts and two strikes, Tri-Town's lead-off batter Luke Rogers, and birthday boy, hit a towering shot to the right field fence, clearing the bases and winning the game with a walk-off triple.

The Tri-Town team stats were nothing short of impressive during the tournament, accumulating 59 hits over five games representing 24 innings. One grand slam (Connor Willitt), 10-HR (Zach Howard 2 HR; Vinny DiRisio 2 HR; Nick Martin; CJ Gottler; Connor Willitt; Matt Fellinger), 2-3B (Luke Rogers 2-3B), 11-2B (Luke Rogers 5-2B; Alex Ellison 2-2B; Bryn Wormley 2-2B);and 39-1B contributed by the entire team for a tournament high, team-batting average of .538.

A black female dog with white markings was found astray without tags or a collar on Hilltop Drive in Le Roy about 20 minutes ago. A Le Roy police officer met or is meeting with an animal control officer in Stafford to hand off the pooch for transport to the Genesee County Animal Shelter.

So, if you know this dog, that's where you can find it, 3841 W. Main Street Road, Town of Batavia.

Eric Swede, 27, of Main Street, Le Roy, was arrested by the Le Roy Police Department on May 28 and charged with one count of disorderly conduct, a violation. In the early morning hours of May 28, patrols received a complaint from a local establishment of a patron refusing to leave. Patrols located Swede behind the establishment where he allegedly refused to leave when told to do so and then proceeded to cause a disturbance by being loud and cursing. At that time he was taken into custody for his actions. Swede was arraigned and put in Genesee County Jail in lieu of $250 cash or $3,000 bond. Swede is to return to the Le Roy Town Court on June 16.

Richard Ortiz, 20, of Park Way, Rochester, was arrested by the Le Roy Police Department on May 27 and charged with: one count of criminal possession of a controlled substance, 7th, a Class A misdemeanor; one count of aggravated unlicensed operation, 3rd, a misdemeanor; one count of uninspected motor vehicle, a violation; one count of unlicensed operator, a violation; one count of passing a red signal, a violation; and one count of inadequate muffler, a violation. It is alleged that Ortiz was observed by patrols passing through a red signal. Upon stopping Ortiz he was allegedly found to be in possession of oxycodone without a prescription as well as several other traffic infractions including not having a valid driver's license. Ortiz was issued several tickets and is to appear on June 20 in Le Roy Town Court to answer to the charges. 

Rob Radley submitted these photos of today's Memorial Day events in Le Roy at Trigon Park and a parade on Main Street. The events were organized by the American Legion Botts-Fiorito Post #576 and the Auxiliary.

David Zuppelli, of Batavia, submitted this photo of his father, Chester Zuppelli, playing Taps on Memorial Day 1944 in New Caledonia, South Pacific.

Here's a schedule for Memorial Day Ceremonies and the Batavia parade:

7 a.m. -- Genesee County Park (11095 Bethany Center Road, East Bethany) -- Vietnam Veterans Memorial (VVA #193)

8 a.m. -- Williams Park, City of Batavia-- WW I Memorial (wreath laying, rifle salute & Taps)

8:30 a.m. -- Batavia VA Medical Center

8:45 a.m. -- NYS Veterans Home

9:30 a.m. -- Upton Monument (routes 5 and 63) (wreath laying, rifle salute & Taps)

9:45 a.m. -- Batavia Cemetery, Harvester Avenue, City of Batavia (wreath laying, rifle salute & Taps)

10 a.m. -- Elmwood Cemetery, off Harvester Avenue and Webster Street in the city (AL #332)

10 a.m. -- CITY PARADE -- Begins at the Eastown Plaza traveling west along Main Street and ending at Jerome Center on Bank Street at 10:45 a.m.

10:45 a.m. -- UMMC -- Jerome Center:

• Memorial Day ceremonies: Invocation; National Anthem with Batavia Concert Band; G.A.R. Order of the Day; Veterans Service Organizations Commemorations; wreath laying with Gold Star Mothers; Honor Roll with drum roll; rifle salute; Taps; Benediction; "God Bless America."

Noon -- Hansen Brothers Grave -- Grandview Cemetery on Clinton Street Road, Batavia (MCL #951)

Participating organizations:

Hansen Borthers Marine Corps League Detachment #951

Glenn S. Loomis American Legion Post #332

Veness-Strollo Veterans of Foreign Wars Post #1602

Disabled American Veterans Chapter #166

Vietnam Veterans of American Chapter #193

Sons of Union Veterans Abraham Lincoln Camp #6

Here are more local Memorial Day ceremonies/parades:

• ALEXANDER: Parade begins at 10:30 a.m. at the Alexander High School and travels to the cemetery on Railroad Avenue with a ceremony to take place at the cemetery following the parade.

• BERGEN: Parade at 9 a.m. beginning at the Fire Hall (Route 19 & Hunter Street), traveling south on Route 19 to Hickory Park with ceremony to take place at the park immediately following the parade.
•  
• BYRON: Parade at 11 a.m. from Terry Street to Swamp Road with a ceremony immediately following at Byron Cemetery.

• CORFU: Parade at noon from Corfu Fire hall on Route 33 to the Intermediate School on Route 77. Ceremony immediately following the parade.

• ELBA: Ceremony at Maple Lawn Cemetery at 10 a.m. No parade. The Elba Historical Society Museum will be open for tours after the ceremony.
•  
• LEROY: Parade at 10:30 a.m. from the American Legion to Trigon Park with a ceremony at Trigon Park at 11 a.m. following the parade.

• OAKFIELD: Parade at 11 a.m. from the Oakfield Fire Dept. to Triangle Park with ceremony to be held at Triangle Park.

• PAVILION: Ceremony at 10 a.m. at the Town Park at intersection of routes 63 and 19. No parade.

No parades/ceremonies for the following:

• Alabama

• Bethany

• Darien

• Pembroke

• Stafford

Jeffrey W. Scott is indicted for the crime of criminal mischief in the second degree, a Class D felony. It is alleged that on Feb. 21 at 9280 Robbins Road in the Village of Le Roy, Scott, with intent to damage property of another person and having no right to do so, damaged the property of another person in an amount exceeding $1,000. He is accused of damaging the windshield, front passenger door, console, instrument panel and steering column of a 2004 Chevy Classic Malibu in the amount of about $1,874.48.

Michael J. Elmore is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on Nov. 30 Elmore knowingly entered or remained unlawfully in a dwelling on Summit Street in the City of Batavia with the intent to commit a crime.

John K. Stone is indicted for the crime of driving while intoxicated, as a Class E felony. On Dec. 7 in the Town of Batavia, it is alleged that Stone drove a 2006 Honda Ridgeline on Route 5 and in the Batavia Mobile Home Park while intoxicated. In count two, he is accused of the crime of reckless driving, a misdemeanor, for allegedly operating the vehicle in a manner which unreasonably interfered with the free and proper use of a public highway. In this case, he allegedly drove at a high rate of speed, failed to yield to an emergency vehicle, operated with headlights, and nearly struck several pedestrians in the mobile home park. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, per se, on April 9, 2007, in County of Orleans Court and this conviction is within 10 years of the crimes alleged in the current indictment.

Adrian P. Morris is indicted for the crime of driving while intoxicated, as a Class E felony. On Feb. 5 in the Town of Le Roy, Morris allegedly drove a 2009 Ford on West Main Street while intoxicated. In count two, Morris is accused of driving while intoxicated per se, as a CLass E felony, for having a BAC of .08 percent or greater at the time. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, as a misdemeanor, on Feb. 2, 2010 in the Town of Greece, which is within 10 years of the crimes alleged in the current indictment.

Press release:

The Le Roy Police Department wishes to advise all citizens of a recent scam phone call being received by person(s) in the Le Roy/Genesee County area.

The caller states he is from the IRS and that a lawsuit is being filed against the victim for unpaid taxes. Further the scam caller then demands money and the Social Security number of the victim.

The Le Roy Police suggest that if you receive, or have already received, such a call please do not supply the scam caller with any information. Simply hang up. Furthermore, do not give or send the scam caller any money.

If you have questions about such a call, or have received one, please contact police.

Angelo A. Cassidy, 39, of East Main Street, Le Roy, is charged with second-degree criminal mischief and third-degree grand larceny. He was arraigned on the charges at 11:10 a.m. on May 18 and released under supervision of Genesee Justice. It is alleged that at noon on Oct. 20, Cassidy removed a home-heating system, appliances and building supplies from a residence on Washington Avenue in the City of Batavia without permission. He is to appear in City Court at 9:30 a.m. on June 16. The case was handled by Batavia Police Officer Jason Davis.

Kiha Samuel McNear, 18, of Walnut Street, Batavia, is charged with harassment and endangering the welfare of a child. McNear was arrested at 1:50 a.m. on May 22 on Walnut Street in Batavia after allegedly striking an individual multiple times in the face with a closed fist. The alleged victim was under the age of 17. McNear was jailed on $1,000 bail and was to return to City Court on Monday (May 23). The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Twan Conway, 45, of Walden Creek Road, Batavia, is charged with second-degree harassment. Conway was arrested following a 9-1-1 call hang-up investigation. The call was made at 12:30 p.m. on May 17. Conway was arraigned at 10:30 a.m. on May 22 and jailed on $500 bail. Conway was scheduled for City Court on May 23. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Kevin DeFelice. Then on May 23, at 7:40 p.m., Conway was arrested again following an incident wherein he allegedly pushed another person while an active order of protection was in place. He was jailed without bail and is be in City Court tomorrow, May 27. This case was handled by Batavia Police Officer Stephen Cronmiller.

Michael Patrick Sullivan, 53, of Main Road, Stafford, is charged with second-degree criminal contempt and second-degree harassment. At 7:54 p.m. on May 24, Sullivan was arrested after allegedly violating a court order by subjecting two people to physical contact by throwing a glass item at them. He was jailed on $1,000 bail and is to be in Town of Stafford Court on June 9. The case was handled by Sheriff's Deputy James Diehl, assisted by Sgt. Eric Seppala.

Sara Jo Likus, 30, of Townline Road, Darien, is charged with: driving while ability impaired by drugs or both alcohol and drugs; driving on the sidewalk; and moving from lane unsafely. At 9:28 p.m. on May 18, it is alleged that Likus drove a vehicle while her ability to do so was impaired, and that while driving she changed lanes unsafely and drove over the curb onto the sidewalk, striking a utility pole. She was issued several tickets and released to a third party. She is to be in City Court on June 8. The case was handled by Batavia Police Officer Jamie Givens.

Charles-Gus Williams, 37, of Robinson Road, Lockport, is charged with second-degree criminal contempt. At 1:49 p.m. on May 20, it is alleged that Williams violated a complete stay away order of protection at a residence on Maple Street in the City of Batavia. He was jailed on $2,500 bail and was due in City Court on May 23. The case was handled by Batavia Police Officer Christopher Lindsay.

Jeffrey D. Matla, 56, of Alexander Road, Batavia, is charged with: DWI -- common law; speeding; failure to signal a lane change; and DWI with a BAC greater than .08 percent. Matla was arrested at 5:18 p.m. on May 22 on West Main Street in Batavia following a traffic stop. He was stopped for traffic violations and allegedly found to be operating his motorcycle in an intoxicated condition. He was released and is to be in City Court on June 8. The case was handled by Patavia Police Officer Cowen Mitchell.

Joshua Yeomas, 31, of Lewis Place, Batavia, is charged with third-degree unlicensed operation and failure to use headlights while operating with windshield wipers. Yeomas was located during an unrelated NYS Parole investigation, assisted by Batavia PD, and taken into custody on an arrest warrant stemming from an incident on April 13 on West Main Street, Batavia. He was released and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Bert Clifford Earl, 55, of Grandview Terrace, Batavia, is charged with harassment. He was arrested at 11:50 p.m. on May 20 following a disturbance at Batavia Downs wherein he allegedly subjected another person to unwanted physical contact. He was issued an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Lori A. Brightenfield, 56, of Maple Street, Batavia, is charged with petit larceny. She was arrested for writing a check to a business on May 18 to buy alcohol when she allegedly knew she did not have the funds to pay for it. She was issued an appearance ticket for City Court and is to be there on June 7. The case was handled by Batavia Police Officer Jamie Givens.

Carol M. Pahuta, 47, of Byron Holley Road, Byron, is charged with petit larceny. Pahuta was arrested following a larceny investigation on West Main Street in Batavia. She was issued an appearance ticket and released. She is to be in City Court to answer the charge on May 31. The case was handled by Bataiva Police Officer Kevin DeFelice.

Daniel Colin Healy, 25, of North Street, Batavia, is charged with aggravated unlicensed operation in the third degree. He was taken into custody at 1:48 p.m. on May 23 by Gates PD on an active bench warrant out of City Court for failing to appear on the charge, stemming from an incident June 27 on Vine Street in the City of Batavia. He was jailed on $250 bail and was to be in City Court Wednesday (May 25). Batavia Police Officer James DeFreze handled the case.

Mark J. Zinni, 21, of Evergreen Drive, Batavia, is charged with driving without lights and unlawful possession of marijuana. Zinni was arrested following a traffic stop on Pearl Street at 11:39 p.m. on May 21 in the City of Batavia. It is alleged that Zinni was driving without lights and that he was in possession of several small bags containing marijuana. He was released on appearance tickets and is to be in City Court on June 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Matthew Lutey.

Katelyn C. Kubala, 27, of Genesee Street, Batavia, is charged with unlawful possession of marijuana. She was arrested on a warrant for NYS Parole. At the time she was taken into custody, at 10:59 a.m. on May 20, she allegedly had a quantity of marijuana in her purse. She was turned over the NYS PArole Officer April Fuller at BPD and is to appear in City Court on May 31. The case was handled by Batavia Police Officer Jason Davis.

Michael W. Funke, 21, of Vine Street, Batavia, is charged with unlawful possession of marijuana. Funke was arrested following a traffic stop on Pearl Street at 11:52 p.m. on May 21 in the City of Batavia. He was a passenger in the vehicle and allegedly in possession of marijuana. He was released on an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Matthew Lutey.

Julie L. Dutton, 21, of Central Avenue, Batavia, was arrested on May 23 on a bench warrant out of City Court. It is alleged that she violated the terms of her release under supervision. She was jailed on $5,000 bail and is due in City Court today. The case was handled by Batavia PoliceOfficer Christopher Lindsay.

Andrew C. Webster, 23, of Martin Road, Akron, is charged with failure to appear. At 4:05 p.m. on May 20, Batavia police took custody of Webster from NYS police on a City Court arrest warrant for failure to appear. Webster paid an undisclosed amount of bail and was released. He was to be in City Court on May 24. The case was handled by Batavia Police Officer Arick Perkins.

Brian J. Dorman, 32, of Bank Street, Batavia, is charged with owning an unlicensed dog in the City of Batavia. He was issued an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Christopher Lindsay.

Le Roy beat Wellsville yesterday, 3-1, to become the Section V Class B2 champion in softball.

Ally Uberty gave up just three hits and fanned 16 and was named tournament MVP.

Erin Cappotelli and Taylor Sherman each had two hits and an RBI for the Oatkan Knights.

Le Roy hadn't won a softball title since 1988.

Photos submitted by Tim McArdle.

After the alleged name calling, a key issue in the latest legal filing from the attorney representing the Cleere and Collins families against Frost Ridge is the alleged violation of the state's open meeting law by Le Roy's Zoning Board of Appeals.

The plaintiffs allege:

• Neighbors within 250 feet of the Frost Ridge property were not mailed notice of the Dec. 17 public hearing held by the ZBA on the interpretation of the zoning law and prior, non-conforming use at Frost Ridge;
• That the ZBA did not deliberate its decision in public;
• That no noticed public meetings were held between Dec. 17 and Feb. 17; 
• That a decision was reached without the public present sometime between Dec. 17 and Feb. 17.

These complaints are mirrored by the filing for the Feb. 17 meeting where the ZBA announced its decision; the meeting wasn't even four minutes long.

James Wujcik represents the ZBA in these proceedings and he filed a memorandum of law in opposition to the plaintiffs' complaint.

He also submitted an affidavit by Debbi Jackett, chairwoman at the time of the ZBA, which has since been disbanded by the Town of Le Roy.

She states the hearing of Dec. 17, at the order of Judge Mark Grisanti, was held after a legal notice was published. She does not address the complaint, nor does Wujcik in his memorandum, whether notice was sent to neighbors by postal mail.  

A source familiar with the case told The Batavian today that notice was mailed.

Jackett argues that proper notice was clearly given because all of the interested parties were at the hearing.

"It is common sense that one's attendance at the public hearing acknowledges notice of that very hearing," Jackett wrote. "Any insinuation that plaintiffs could not be in attendance is another attempt to delay the ZBA from acting pursuant to the order of Judge Grisanti."

Jackett also accused the Town of Le Roy of trying to obstruct the ZBA from holding the hearing. She said the code enforcement officer was informed in October that the ZBA would no longer be able to conduct meetings at the Town Hall.

As for the hearing itself, Jackett said the ZBA board took a short break and then resumed its meeting in the regular board meeting room "regarding the merits of the case."

This was apparently considered a continuation of the prior noticed meeting, though it's not clear if any members of the public were invited into that meeting.

Mindy Zoghlin, attorney for the plaintiffs, clearly did not know about this meeting continuance based on the statements in her filing.

The Batavian's reporter at the meeting that night was Ray Coniglio and he said today that he wasn't informed that the meeting would be continuing in another room. He left the Town Hall and wrote a story published the next day that said the meeting concluded without any discussion by the ZBA and that no vote was taken that night. Nobody from the ZBA ever contacted The Batavian following this news report to inform us that this information was incorrect and ask for a correction.

Jackett further argues that the Town's ongoing obstruction of the ZBA, such as not filling vacant positions, contributed to any confusion about compliance with the open meeting law.

"Even if a skeptic held merit with any claim against the ZBA for violations of the Open Meetings Law, the behavior can be traced directly to the Town's illegal, obstructionist behavior with the ZBA," Jackett wrote. 

In his memo, Wujcik argues that it is certainly within the ZBA's right to continue its meeting upon closing the public hearing, but he doesn't address the fact that the meeting was moved to another room without notification of the public in attendance.

"The ZBA correctly deliberated during its Dec. 17 meeting," Wujcik states, adding, "It should be duly noted the ZBA rendered its decision at an open public meeting on Feb. 17."

He also accused the Town of deliberating trying to disrupt ZBA proceedings and called on the court to find the Town of Le Roy in contempt of court, pursuit to the order of Grisanti.

It's unclear what will happen if Acting Superior Court Judge Emilio Colaiacovo rules in favor of the plaintiffs on the open meetings law issue. The ZBA that has been at the center of this issue for the past several years not longer exists. It was a ZBA comprised of representatives from the town and the village, and now the town and the village each have their own ZBA.

One last note about the open meeting law: The law also requires public bodies to notify all local media of its public meetings, and with the exception of the City, County and GCEDC, this practice is largely ignored by every other local public agency and government.

Statements attributed to Kyle Johnson after he was taken into custody the morning of Dec. 1, after he allegedly shot and killed a neighbor and set his own home ablaze, will be admissible in court, Acting Judge Michael F. Pietruszka ruled today.

The defense challenged whether the prosecution could use the statements at a possible trial and Pietruszka issued his ruling immediately after a hearing that featured testimony by Deputy Andrew Hale.

Hale completed a report Dec. 1 in which he says Johnson made a handful of statements when he was taken into custody, in the patrol car ride to the Sheriff's Office on Park Road and as they arrived in the interview room at the office.

Hale testified that he was on routine patrol duty when he was called to a house fire at 7324 Selden Road, Le Roy. He was in uniform in a marked patrol car.  He was aware of a shooting reported minutes before at a residence a short distance from the fire location.

He said he was also informed by dispatch that the residence was owned by Kyle Johnson, that Johnson had a mental health history and was known to own firearms.

He arrived on scene just as shots rang out, apparently directed at a Le Roy fire chief and at a Le Roy police officer.

As he ran down the road to check the status of Officer Ryan Young, now a Sheriff's deputy, and as he did, he encountered local residents standing outside their home. They asked what was going on and Hale told them to get inside, lock their doors and windows and stay there until told it was safe to come outside.

As he moved toward Young's position, Hale encountered Johnson, he said.

"Mr. Johnson stated to me that he wanted to be shot," Hale said. "After he realized I was not going to shoot him, he turned around and walked back toward his house."

Over the next couple of hours, Johnson would periodically approach Hale and ask him to shoot him.

When emergency response teams arrived, this back-and-forth continued for a couple of more hours until Johnson finally surrendered.

Hale was summoned to search and cuff the suspect. When he was putting Johnson in his patrol vehicle, Johnson reportedly complained that the cuffs were too tight.

When Hale sat in the driver's seat, Johnson reportedly said, he "didn't appreciate being treated like an animal."

Hale said, "I told him I appreciate being shot at and having my friends shot at."

Johnson, Hale said, apologized.

On the ride back to the Sheriff's Office, Johnson reportedly said, "I didn't mean to hurt anybody."

Hale said he responded, "You did. It's traumatic for us as officers. You shouldn't have done that."

At the station, Hale offered Johnson a glass of water and asked if he needed anything.

Johnson's response, according to District Attorney Lawrence Friedman, was that he felt bad for burning his house down and that he shouldn't have done that and he wanted to apologize.

In cross-examination, Public Defender Jerry Ader established that Hale did not read Johnson his Miranda warnings (you have the right not to speak, right to an attorney, etc.), that Hale did this though he knew Johnson had a mental health history, and that Hale asked a couple of questions of Johnson.

Those facts were the basis for Ader's motion to bar the statements from any possible trial.

Friedman countered that Johnson was not in custody at that point for the purpose of interrogation, and any questions asked by Hale were not an interrogation, such as asking if Johnson wanted water, that the statements were made voluntarily and should be admissible.

Johnson is charged with murder and burglary in the death of Norman D. "Don" Ball. He is accused of attempted murder for allegedly shooting at Young and Le Roy Fire Chief Tim Hogle.

Ader has received a report based on a psychological exam of Johnson and is apparently planning a defense around the results of that report, and while the report has been given to Friedman, a copy was not given to the court. Ader said he wasn't aware of any requirement that he provide the court with a copy. Pietruszka was clearly miffed that he didn't have a copy of the report, especially since there will need to be a hearing on the topic after the DA's Office completes its own exam and gets its own report.

That hearing will be at 1:30 p.m., July 21.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers has announced that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving. The statewide STOP-DWI Crackdown efforts start on Friday, May 27^th and will end on Tuesday, May 31^st.

Memorial Day week is historically a deadly period for impaired driving. Memorial Day weekend is the traditional beginning of summer. In addition there will be thousands of parties and barbeques to celebrate graduations, proms, communions, confirmations and the fact that the better weather has arrived. This combination of factors equates to more people on the road in general and more people specifically driving impaired with 13 percent more fatalities than on a non-holiday weekend.

The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to reduce the number of alcohol related injuries and deaths during this period.

“Memorial Day marks the beginning of the summer season. Traffic will increase making it more important than ever to drive defensively. The Genesee County Sheriff’s Office will have extra patrols out to help keep the roads safe for all travelers” said Undersheriff William Sheron. “The City of Batavia Police Department will be out aggressively enforcing DWI laws over the Memorial Day Week in an effort to ensure that all have a safe and happy holiday week. Make sure to have a plan to get home safely and ensure that all in your party do the same.”

The Memorial Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the STOP-DWI Foundation with a grant from the Governor’s Traffic Safety Committee. The Statewide STOP-DWI Crackdown Campaign also targets 4^th of July and Labor Day Weekend, Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

The fight over live music and other alleged zoning code violations at Frost Ridge Campground is far from over and court documents indicate the fight has recently involved some name calling and an accusation of anti-gay bias driving the attempts to shut down the park.

Attorneys for David and Marney Cleere and Scott and Betsy Collins, neighbors of Frost Ridge, have filed motions seeking a permanent ban on live, amplified music and long-term camping at the facility.

Their court papers alleged that a ZBA hearing in February that led to a finding in favor of David and Greg Luetticke-Archbell, owners of Frost Ridge, violated the state's opening meeting law and therefore the ZBA's decision should be voided.

The Luetticke-Archbell's position is that the meeting was given proper public notice, a position backed by sworn statements from the ZBA's then-chairwoman Debbie Jackett and answer filed by the ZBA's attorney, James M. Wujcik.

Any appearance of inconsistencies in the ZBA's actions, before being disbanded by the town board, is purely the result of the anti-gay bias, David Luetticke-Archbell claims in a sworn statement, of Town Supervisor Steve Barbeau.

It's a charge that Barbeau vehemently denies in his own sworn affidavit, but Luetticke-Archbell accuses Barbeau of calling his husband a "faggot" after a "contentious" Nov. 12 meeting. To support his charge of an anti-gay agenda, Luetticke-Archbell also points to several actions by Barbeau throughout the legal and civic process over the past couple of years, including a statement in a court filing approved by Barbeau that Frost Ridge is a "malignancy which cannot be allowed to metastasize."

"Mr. Barbeau, with the Town Board in tow, has unabashedly trampled on the due process rights my husband Greg and I would have been afforded but for our sexual orientation," Luetticke-Archbell wrote in his statement.

Barbeau said that Luetticke-Archbell didn't tell the whole story of the events of Nov. 12.  First, he denies using the word "faggot," but he also accused Greg of calling him a couple of choice names while following him into his office after the meeting, including a "piece of shit."

In his statement, Barbeau states he holds no bias against the owners of Frost Ridge.

"The Luetticke-Archbells have a place in the Town of Le Roy, one they have earned through their commercial and charitable efforts," Barbeau states. "The Town of Le Roy is merely trying to enforce its zoning ordinance so as to not render it irrelevant."

Barbeau said that the actions he and the town board have taken have been supported by a majority of town residents. The evidence is in the election results, he said, given that he and other incumbents handily won reelection despite opposition focused on the Frost Ridge issue.

David Luetticke-Archbell is equally convinced that Barbeau is driven by an anti-gay agenda.

Besides the slurs, Luetticke-Archbell says Barbeau's pattern of actions is further evidence of his anti-gay position.

He accused Barbeau, rather than code enforcement officer Jeff Steinbrenner, of drafting an e-mail denying Frost Ridge prior, non-conforming use status; of purposefully mucking up the application process on a couple of occasions; of usurping the independence of the Zoning Board of Appeals by filing court documents on its behalf without properly notifying the ZBA of the proceedings; of then wrongly admitting to adverse allegations of improper conduct by the ZBA; and, of illegally firing the previous ZBA attorney and then appointing an attorney who works in the same law office as the town attorney's son.

"Mr. Barbeau's motivations and actions here have always been and remain malicious," Luetticke-Archbell wrote in his statement. "His allegations, if considered at all, should be weighed accordingly."

Barbeau called Luetticke-Archbell's affidavit an ad hominem attack and asked that it be stricken from the record.

The attorney Barbeau appointed is James Wujcik, who continues to represent the ZBA and filed documents in the current court battle defending the ZBA against allegations leveled by the attorneys for the Cleeres and Collins.

As for the motion for injunction filed by Mindy L. Zoghlin, attorneys for Cleere and Collins, it's long (32 pages) and legal, and the responses from David Roach, attorney for Frost Ridge, are also detailed.

Whereas in the first round of lawsuits, it was Cleere and Collins along with the Town of Le Roy against Frost Ridge, Luetticke-Archbell and the ZBA, the new motion names the Town of Le Roy as a defendant.

The Town of Le Roy is accused of not upholding its own zoning laws.

It accuses Frost Ridge of violating town ordinances by allowing permanent RV camping, of violating the noise ordinance, of relying on a defective ZBA interpretation of the law, and of violating Judge Robert C. Noonan's preliminary injunction against amplified live music that he issued in September 2014 by allowing live amplified music before 4 p.m.

It accused the ZBA of violating the open meeting law after the case was remanded back to the ZBA for a determination on whether live, amplified music is a prior, non-conforming use. The suit accuses of the ZBA of not providing proper public notice and of not deliberating its decision in public. 

In his response, Roach denies all the substantial allegations.

Acting Superior Court Judge Emilio Colaiacovo is expected to make a ruling on the current set of motions at a later date.