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People around county heard explosion of Tannerite on Dodgeson Road

By Howard B. Owens

About 50 people contacted the Sheriff's Office dispatch center around 9:36 p.m. to report a loud explosion that in some cases caused houses to rattle, and after an investigation, deputies believed they found the cause.

A group of people on Dodgeson Road reportedly mixed from 14 to 60 pounds of a legal compound called Tannerite.

Tannerite comes in two parts and when mixed properly, is used for small, explosive targets for shooting.

There were no injuries reported.

A group of people were found at the location of the explosion and interviewed. No arrests have been made, but the Sheriff's Office reports that the investigation is continuing. It is being conducted by Deputy Kevin McCarthy. Assisting at the scene was Trooper Chad Bea.

Dispatchers received calls from Fisher Road, Oakfield, Morganville Road, Stafford, Warner Road, Darien as well as from the Village of Le Roy, Alexander and the City of Batavia.

Previously: Callers report loud boom in Wortendyke area

Photos: GSO prepares for 'American Made' performance on Sunday

By Howard B. Owens

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The Genesee Symphony Orchestra performs at 4 p.m., Sunday, at Elba Central School's auditorium. 

Bryan Eckenrode conducts "American Made," which features nine pieces by American composers, including two local composers, Gary Call Hanley and Ross Chua. Hanley lives in Nashville and his piece, "Plight of the Common Man," has been performed there. Chua is a Batavia High School student and this is the world premier of his work, "Spectacle in Flight."

Also on the program are "Short Overture to an Unwritten Opera" by Don Gillis, the "Paul Bunyan Suite" by William Bergsma, "Blues in 6/8" by Milton Weinstein, three dance episodes from "Rodeo" by Aaron Copland, "Variations on a Theme" by Handel, a piece by Maurice Whitney, "Harry Potter and the Prisoner of Azkaban" by John Williams and "West Side Story" by Leonard Bernstein. 

The Harry Potter piece will be performed with students from the GSO String Workshop.

Tickets can be purchased at the door or online (click here).

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Callers report loud boom in Wortendyke area

By Howard B. Owens

Callers report hearing a big loud boom that caused houses to shake in the area of Pearl Street Road and Wortendyke Road, Batavia.

Law enforcement dispatched to investigate.

UPDATE 9:53 p.m.: A deputy is checking a residence on Pike Road where apparently there has been a prior complaint, but the residence is quiet. A trooper reports that he was told it sounded like it was further south than Pike Road.

UPDATE 9:56 p.m.: A deputy on Dodgson says, "you can actually smell it."  

UPDATE 9:57 p.m.: A witness has told the trooper he actually saw the explosion.

UPDATE 10:09 p.m.: A deputy tells dispatchers, "We're all set. We've got the individuals responsible." No details shared at this time.

Photo: A dragon and the Milky Way

By Howard B. Owens

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Doug Yeomans has once again produced a masterpiece, and once again of the dragon on the Emerald Models property on Transit Road in Pavilion.

This was taken at 5:30, a morning or two ago.

City to auction house at 109 Walnut St. at 9 a.m. tomorrow -- not 10

By Billie Owens

The city would like to remind residents that the house at 109 Walnut St. will be auctioned off tomorrow, April 16. The previous start time provided by the city of 10 a.m. is NOT correct.

The auction starts at 9 a.m.

The property will be open one hour prior to auction for walk-through.   

If you have any questions or need additional information, please contact:

Office of the City Clerk

One Batavia City Centre

Batavia, New York 14020

Phone:   (585) 345-6305, option 5, option 1

Fax:     (585) 343-9221

E-mail:   hparker@batavianewyork.com

Grand Jury: Man indicted for aggravated DWI and unlicensed operation, another for unlicensed driving -- with 21 suspensions

By Billie Owens

Joseph M. Dispenza is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 17 in the Town of Batavia that Dispenza drove a 2006 Pontiac on Route 63 while in an intoxicated condition. In count two, he is accused of the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that he had a BAC of .18 percent at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing, or having reason to know, that his license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug.

Cordell E. Libbett is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 4 in the Town of Stafford that Libbett drove a 2015 Dodge with Mississippi plates on Route 33 in the Town of Stafford while knowing, or having reason to know, that his license to operate a motor vehicle in this state was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he had in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine. These are cited as having occurred in the following places on these dates: Dec. 25, 2008, Town of Wayland, Steuben County; Oct. 11, 2013, Town of Irondequoit, Monroe County; and in the City of Rochester, Monroe County, on Aug. 31 and Nov. 22, 2006; and Jan. 29. and March 19, 2007; Jan. 22, March 7, March 28, May 6, Sept. 27, Oct. 10, Oct. 18, and Nov. 20, 2008; April 24, June 26, Dec. 29, 2012; March 5, Oct. 1 and Dec. 3, 2013; and March 19, 2014.

Law and Order: Alleged Le Roy burglar charged with second burglary involving guns

By Billie Owens

James R. Kosiorek (pictured left), 23, who has no permanent address and is currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department and charged with a second residential burglary where guns were allegedly involved. Kosiorek was initially charged for burglarizing a residence March 17 on Lake Street in LeRoy and attempting to steal guns from inside. During that alleged burglary, the homeowner interrupted the burglary finding Kosiorek inside at which time Kosiorek allegedly fled the scene, leaving the guns. While conducting that investigation, information was received alleging Kosiorek committed a different but similar burglary on Genesee Street in Le Roy. A subsequent investigation into the Genesee Street burglary alleged that on March 13 Kosiorek forced entry to an acquaintances apartment at which time Kosiorek removed two shotguns from the apartment. It is alleged that Kosiorek was again interrupted by the tenant and fled the scene. The shotguns were recovered by the tenant in the back yard. Kosiorek was charged Thursday with one count of second-degree burglary, a Class C felony, two counts of fourth-degree grand larceny, a Class E felony, and one count of third-degree criminal mischief, also a Class E felony. Kosiorek was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and released on his own recognizance as he was already being held on bail for the Lake Street burglary.

Amelia Rose Witkowski, 30, of Angling Road, Pembroke, is charged with second-degree burglary, making a punishable false written statement and petit larceny. She was arrested for allegedly entering a resident on Main Road in Pembroke at 6:30 p.m. on Jan. 29 and stealing property from within. She also allegedly provided a written deposition to a Sheriff's deputy which contained false information. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Christopher Erion.

Kimberly M. Zeiner, 48, of Caroline Street, Albion, was charged with aggravated unlicensed operation, 2nd, and driving without headlights following a traffic stop at 3 p.m. April 6 on West Main Street, Batavia. Zeiner was subsequently arrested on April 14 on an outstanding bench warrant on those charges issued out of City of Batavia Court. The defendant was jailed in lieu of $250 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Nicholas Adam Dubois, 18, of Shady Lane, Batavia, is charged with two counts of petit larceny. Dubois was arrested following an investigation of theft of stone from two locations in the Town of Byron. He was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A 17-year-old is charged with two counts of petit larceny. The youth was arrested following an investigation of theft of stone from two locations in the Town of Byron. The subject was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

Attorneys expecting report in two weeks on Kyle Johnson's mental state

By Howard B. Owens
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    Kyle Johnson

The man accused of murdering a neighbor on Selden Road, Le Roy, the morning of Dec. 1, received a psychological exam earlier this week, according to his attorney, but the results of that exam have not yet been made available to the defense.

The report will help Public Defender Jerry Ader determine how he will proceed with the case, he told President Judge Michael F. Pietruszka.

Ader may ask for a hearing to determine if Kyle G. Johnson suffers from a mental defect or impairment.

Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter.

The 53-year-old defendant was arrested near his property on Selden Road after a lengthy standoff with police, including emergency response teams, while his house burned to the ground.

It will take at least two weeks for the written report to become available, at which time, Ader will provide a copy to District Attorney Lawrence Friedman. 

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but Friedman said he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

Typically, pre-trial hearings last about an hour, but Friedman said he expects this hearing will last substantially longer, but less than a full day.

For previous coverage on Kyle Johnson, click here.

Plans for new Arby's Restaurant on Lewiston Road put on hold

By Howard B. Owens

County planners expected a detailed discussion last night about a proposed Arby's restaurant at 8364 Lewiston Road, Town of Batavia, but the applicant withdrew the application earlier in the day.

County Planning Director Felipe Oltramari said he expects the proposal to come back to the planning board at a later date, perhaps as soon as the meeting next month.

There are a few variances needed for a 2,000-square-foot fast-food restaurant at the location, which is across from Kmart where a used car lot is now and next to Jerry Arena's Pizza.

The zoning code for the town requires a 40,000-square-foot lot for such an establishment, but the lot size at this location is only 29,664 square feet.

The builders are proposing parking spaces of 9x18 feet, instead of the required 10x20 feet.

The restaurant will also require three signs instead of the permitted two, with one being a bit larger than the sign ordinance allows.

The owner listed on planning documents is Bill Meland, with a business address of the current Arby's location on West Main Street in the City of Batavia.

In other matters brought to the board Thursday night:

  • The Chamber of Commerce received approval plans to remodel 8276 Park Road, Batavia, which will become the new headquarters for the chamber and the visitors' bureau once it's completed. The project includes a building addition, facade renovations, a new roof and a new accessible ramp.
  • Richard Mistretta is planning to open a record store at 220 E. Main St., Batavia, and received approval for his sign.
  • The Town of Batavia is planning to revise its zoning code to remove the requirement that certain properties in industrial parks be directly accessed from a state highway. The town has granted three variances in recent years and since there might be addition variance requests that would likely be granted, the town is seeking to remove the requirement altogether.
  • The Town of Alabama is extending its moratorium on commercial development for 12 months. This is the third extension sought by the town.
  • Daniel Miller and Padrna Kasthurirangan were approved for a windmill at 10021 Simonds Road, Corfu. The windmill will stand 121 feet tall.
  • The new Waggin (sic) Wheel Restaurant at 8282 Park Road, Batavia, was approved for outdoor cooking and a change to the commercial sign.
  • Suzanne Schultz received permission to hold craft classes at 57 Main St., Oakfield.

The county planning board is not the final word on application approvals. Their approvals are recommendations. Final decisions rest with the planning or zoning boards in each jurisdiction.

GCC celebrates 50 Years, new anniversary logo unveiled

By James Burns

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A cake-cutting ceremony was held at 11 this morning in honor of Founding Day at Genesee Community College. The 50th Anniversary of the campus will be celebrated over the coming 18 months, with a number of events plants to commemorate a variety of milestones.

Students, faculty, staff, administrators, alumni and friends gathered in the William W. Stuart Forum for today's ceremony. A specially prepared historical photo show is running continuously until 2 p.m. and all visitors will have the chance to be part of a pending time capsule by briefly answer the inquiry: “What I found at GCC.”

Edited responses to this inquiry will be added to the soon-to-be launched 50th Anniversary Web site. WGCC, the College’s radio station is broadcasting live, and the GCC Cougar mascot is posing for photos.

Also, the College is officially releasing the new 50th Anniversary logo featuring a creative blue and gold flame matching the College’s colors that date back to the late 1960s with the insignia “The True-Blue Past – Our Golden Future.”

The next big College event is the official Groundbreaking Ceremony at 4 p.m. on Thursday, April 28, for the new Student Success Center and the Event Center. College and community leaders will gather to recognize the start of construction for these two new facilities, collectively valued at more than $21million and totaling 75,000 square feet.

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Genesee Community College President James Sunser.

Smell of natural gas inside City Centre building prompts evacuation

By Billie Owens

The smell of natural gas inside the City Centre has prompted the building to be evacuated. City firefighters are on scene investigating.

UPDATE 9:38 a.m.: City command reports the odor is not natural gas, but there is a smell and they are investigating.

UPDATE 9:43 p.m.: The assignment is back in service.

Accident reported on Attica Road, Darien

By Howard B. Owens

A two-car accident is reported at 2025 Attica Road, Darien.

An injury is reported.

The call was first dispatched as a non-injury accident, but the dispatcher later updated the call to say an injury was now reported.

Darien fire and Darien ambulance are dispatched.

UPDATE 7:33 a.m.: Darien is back in service.

Two car accident reported on the Thruway in Pembroke, unknown injuries

By Howard B. Owens

A two-car accident is reported in the westbound lanes of the Thruway in the area of mile marker 400.4.

Unknown injuries.

Pembroke and Indian Falls fire departments dispatched along with Mercy EMS.

UPDATE 10:50 p.m.: One vehicle off the road, a tractor trailer about a half mile ahead. Three individuals are out of the vehicle and standing.

UPDATE 10:54 p.m.: No injuries at the vehicle. The chief on scene is now going to check on the tractor-trailer.

UPDATE 10:59 p.m.: The vehicle is a van, with heavy damage. All three occupants are in an ambulance being evaluated.

UPDATE 11:28 p.m.: A chief apparently needed a trooper there because of "an escalating situation." A trooper is now on scene, from Troop T.

Verizon workers in Batavia protest potential job losses, cuts in wages, benefits and security

By Billie Owens

Photo by Howard Owens.

WBTA provided the interview on which this story is based.

Verizon workers were out protesting on Lewiston Road this afternoon. They are members of Communication Workers of American Local 1117.

Spokesman Phil Rudnick, executive vice president of the union, said a middle-class way of life here and in other states is at stake as the group battles against jobs being shipped overseas and major cuts in pay, benefits and security. They have been in contract negotiations with Verizon since June 2015.

"Corporate greed is the biggest complaint," Rudnick said, "and the retrogressive demands they are looking for are astronomical."

All the while, profits have never been healthier.

He said Verizon made $1.5 billion in profits each month last year; they are beating those figures so far this year, with monthly profits of $1.8 billion for January, February and March.

Verizon wants to send call center jobs overseas, and force outdoor technicians to work a couple of hundred miles away from home for months at a time, plus cut pay and benefits, and obliterate job security.

The workers with the most skin in the game to lose are the ones who built the money-making behemoth one landline at a time.

"We built the infrastructure that gave them the profitability to go into the wireless department," Rudnick said, "and they're making billions of dollars on wireless as well."

The work done by those represented by CWA 1117 feeds all the cell towers the phones work off of, the data networks and DSL files. Now Verizon wants to lay off landline techs and bring in contractors.

"We're just looking for fair, middle-class, stable jobs that we've had not to be taken away," Rudnick said.

The union's concession in millions of dollars in health-care costs was deemed "not good enough" in recent negotiations.

On the line are jobs here, in Buffalo, Syracuse and Albany, as well as other states.

Local politicians have been supportive of the union's plight, the union leader said.

Judge looking for evidence that 74-year-old accused of dealing drugs is an addict

By Howard B. Owens
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     Charles Scinta      James Wetall

Judge Michael F. Pietruszka isn't convinced that 74-year-old Charles G. Scinta is addicted to painkillers and wants to see some evidence that he is before considering a possible probationary sentence that would include drug rehab on Scinta's drug-dealing charges.

"The report says he's been using opiates since he was 69, but it doesn't say they're illicit," Pietruszka said. "They could have been prescribed," adding later, "my point is, I don't know that this is a substance-abuse issue. This could easily be interrupted as being medical sanctioned."

Scinta's attorney, Lisa Kroemer, said she understood the judge's concern and asked for a two-week adjournment to get clarification from the drug-treatment program that produced the report on exactly what their findings were.

"I think that's in everyone's best interest," Pietruszka said.

Scinta, who was allowed to sit throughout the court proceedings because of a medical condition, was arrested in December with 43-year-old James J. Wetall, also of Le Roy. The two men were arrested as the result of an investigation into the sale of oxycodone and diazepam.

Scinta is accused of selling oxycodone to undercover agents on two separate occasions. He is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.

A potential plea deal could keep Scinta out of prison, but first, Pietruszka wants to understand Scinta's history with painkillers.

Earlier, Wetall was given a shot at rehabilitation in exchange for pleading guilty to his drug sale charges. If Wetall successfully completes a rehab program, he will be allowed to withdraw his guilty plea to the felony charges and plead guilty to misdemeanors, which will carry a maximum penalty of one year in jail or three years probation.

If Wetall doesn't make it through rehab successfully, he's facing a sentence of up to 18 years in prison.

Woman who stole more than $9K from local business sent to prison

By Howard B. Owens
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     Justine McWethy

A 28-year-old Batavia woman with multiple arrests on her record was hoping for another chance at drug rehabilitation when she appeared in County Court this morning on a grand larceny charge. Instead, Presiding Judge Michael F. Pietruszka thought a minimum of one year in prison would be a more appropriate sentence.

Justine D. McWethy had previously admitted to stealing more than $90,000 $9,000 from Joseph L. Mancuso, Inc., 56 Harvester Ave. while employed there in 2014.

The thefts, said her attorney Lisa Kroemer, were the result of her addictions and suggested to Piertruszka that a prison term wouldn't help her become a productive member of society.

"That's not going to clean up her addiction," Kroemer said. "In order for her to be able to use her talents, which as pointed out in the probation report -- she has a modicum of education and she is an intelligent girl, if she could get past the addiction, she would be able to lead a productive and law-abiding life."

District Attorney Lawerence Friedman argued that based on McWethy's history and the nature of the crime, in which she researched, planned and carried out a complex scheme to defraud her employer, made her less than a suitable candidate for probation and a rehab program.

He asked the maximum available sentence under the plea deal, which was one and a third to four years in state prison, be imposed.

With several members of her family in the gallery, McWethy tearfully apologized for her crime and said she's written several letters of apology, feeling guilty for what she did every day since her thefts were discovered. And while she said she understood why Friedman thought she should be punished, she would really like a chance to conquer her addiction.

"I feel like this is not the person I was meant to be," McWethy said.

Pietruszka said he was taking into account two violations of probation in the past 13 months before imposing a one- to three-year prison term, where, he noted, she can apply for drug treatment available to some state prisoners.

McWethy was also ordered to pay back the full amount in restitution, starting with Mancuso and then paying back the several banks that also lost money as part of the scheme.

CORRECTION: We originally published that the amount of restitution exceeded $90,000. This was a mistake. I misheard the amount in court. The correct amount is $9,136. I apologize for the mistake.

Students at O-A build 3D printer as classroom project

By Howard B. Owens

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Oakfield-Alabama Central School continues to innovate around the tech-education curriculum, and today students participated in a project to build a new 3D printer for the school.

The project was part of a class taught by Patti Buczek and Missy Lee.

Photos provided by the school district.

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