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Candlelight vigil tonight at 8 at Stafford Fire Hall for the late Shell Mouery

By Billie Owens

Beloved Stafford resident and owner of the Stafford Trading Post Shell Mouery passed away yesterday afternoon (March 25, 2016).

She recently had open heart surgery and was facing serious health issues.

There will be a candlelight vigil in her memory tonight at 8 o'clock at the hall of the Stafford Volunteer Fire Department, 6153 Main Road, Stafford.​

 

 

 

 

 

 

 

UPDATED: Fundraiser chicken BBQ & Chinese auction planned April 3 for owner of Stafford Trading Post

By Billie Owens

Press release:

On Saturday, March 19, the longtime owner of the Stafford Trading Post, and beloved nurse Shell Mouery, had a very serious heart attack, and she is fighting for her life after a very difficult surgery and subsequent challenges.

For nearly 20 years she has given every ounce of herself to the community and treated all of her patrons and coworkers as family. There's a good chance that almost everyone who reads The Batavian has had their life touched in some way by Shell.

In addition to the wonderful prayers of hundreds of people, the Stafford Volunteer Fire Department and SCOPE have generously decided to assist with a fundraiser on Sunday, April 3. Details are below. The money raised will help defray some of the costs of her medical treatments.

We thank you all for your prayers, thoughts, continued patronage at the Trading Post, and everything you, as the community continue to do.

If you have any questions ro would like to donate, please contact Bill Fox at 356-4992 or Stephanie Call at 356-1660.

WHAT:  Chicken BBQ & Chinese Auction Fundraiser

WHEN:  Sunday, April 3 -- Doors open at 10 a.m., chicken ready at 11:30 a.m., first come, fire served.

WHERE:   Stafford Fire Hall, 6153 Main Road, Stafford

COST:   $10

(Submitted photo of Shell Mouery.)

UPDATED March 26: Shell Mouery passed away yesterday afternoon (March 25, 2016). There will be a candlelight vigil in her memory tonight at 8 o'clock at the Stafford Fire Hall, 6153 Main Road, Stafford.

Law and Order: State Police arrest man on warrant for domestic violence incident last October, bail is $50K

By Billie Owens

Chauncy J. Anderson, 34, of Joseph Avenue, Rochester, is charged with first-degree attempted assault, second-degree reckless endangerment, and second-degree criminal mischief. He was arrested on a Genesee County Superior Court Arrest Warrant, which stemmed from a domestic incident in Batavia on Oct. 3. He was located by State Police after a traffic stop at 1:47 p.m. on March 18 in the Town of Stafford. He was jailed on $50,000 bail and is to appear in GC Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Christina A. Cotter, 23, of McKinley Avenue, Batavia, is charged with endangering the welfare of a child and second-degree harassment. At 7:44 p.m. on March 15, Cotter allegedly had a verbal argument which turned physical with another adult, while in front of a 3-year-old child. She was issued an appearance ticket and is to return to Batavia City Court Tuesday afternoon. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Arick Perkins.

Jennifer A. Pansy, 39, of Maple Street, Batavia, is charged with second-degree menacing. She was arrested at 10:35 a.m. after an incident in which she allegedly threatened someone with a knife for looking into her kitchen from the roadway. She is to appear in Batavia City Court on March 29. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jason Ivison.

Gabrielle Marie Silva, 18, of West Main Street Road, Batavia, is charged with second degree burglary -- illegal entry into a dwelling, and fourth-degree criminal mischief. Silva was arrested in the 200 block of Bank Street in Batavia at 11:33 p.m. on March 16. The arrest was made after an incident on Bank Street wherein a window was smashed. State Police located Silva at her residence and she was taken to Batavia PD headquarters, then arraigned in court and released on her own recognizance. She was to appear later in Batavia City Court. The case was handled by Batavia Police Officer Darryle Streeter, aasisted by Officer Felicia DeGroot.

Nicholas C. Blatt, 23, of East Main Street, Batavia, is charged with second-degree harassment, resisting arrest and obstructing governmental justice. He was arrested at 12:56 a.m. on March 20 as the result of an investigation into an incident that occurred at a residence on East Main Street, Batavia, throughout the day. He was jailed on $1,500 bail and was to appear in Batavia City Court this afternoon. The case was handled by Batavia Police Officer Peter Flanigan, assisted by Officer Eric Foels.

Anthony S. Morse, 35, of West Main Street Road, Arkport, is charged with fourth-degree criminal mischief. He was arrested at 3:59 p.m. on March 15 following an incident in the 100 block of Bank Street in the City of Batavia. It is alleged that he threw a chair and broke antoher. He was issued an appearance ticket and is to appear in Batavia City Court on March 29. The case was handled by Patavia Police Officer Chad Richards, assisted by Officer Arick Perkins.

Joseph M. Marsceill Jr., 30, of Central Avenue, Batavia, is charged with unlicensed operator and second-degree aggravated unlicensed operator. The charges stem from a traffic-related matter on Swan Street in the City of Batavia in which Marsceill was allegedly observed driving a vehicle and it was known that he did not possess a valid lisence and that his driving privilege had been revoked. He was jailed in lieu of $1,000 bail and was to appear later in Batavia City Court. The case was handled by Batavia Police Officer Chad Richards.

Shayla L. Sharrock, 30, of Stowell Drive, Rochester, is charged with speeding and second-degree aggravated unlicensed operation -- alcohol related. Sherrock was arrested at 10:31 p.m. on March 18 on Clinton Street in Batavia after a traffic stop. Sharrock was released on her own recognizance and was scheduled to appear this afternoon in Town of Batavia Court. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Mitchell Cowen.

Joan L. Johnson, 30, is charged with speeding and first-degree aggravated unlicensed operation. Johnson was arrested at 4:59 p.m. on March 16 after being stopped on Oak Street in Batavia for allegedly speeding. Johnson was allegedly found to be operating in a revoked NYS driver's license and subsequently jailed without bail. She was to appear later in Batavia City Court. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Gerald Zachary Watts, 31, of North Lyon Street, Batavia, is charged with running a red light, DWI -- first offense, operatinga motor vehicle with a BAC of .08 percent or more -- first offense, and refusing to take a breath test. Watts was arrested at 4:13 p.m. on Richmond Avenue in the City of Batavia, released, and is to be in city court on March 30. The case waa handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Joey Robert Tatro III, 21, of Main Street, Attica, is charged with failure to pay a fine imposed by court. The defendant was arrested March 19 on Alexander Road in Batavia on a bench warrant out of Town of Batavia Court alleging failure to pay a fine. Tatro was jailed on $100 bail and is to appear in Town of Batavia Court on March 28. The case was handled by Sheriff's Deputy Rachel Diehl, assisted by Deputy Howard Carlson.

A 16-year-old who lives on Washington Avenue in Batavia was arrested on a bench warrant for allegedly failing to appear in court on the scheduled date after being charged with second-degree harassment. The charge stems from an incident on West Main Street in Batavia at 1 p.m. on Feb. 9. The teen was jailed on $500 bail. The case was handled by Batavia Police Officer Jason Ivison.

Ward E. Royse, 40, of Walnut Street, Batavia, is charged with failure to appear. He was arrested on March 19 after allegedly failing to appear in court concerning an incident which occured Jan. 7. He was jailed in lieu of $1,000 bail and was to appear in court today. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Rashaad M. Jones, 25, of Milton Street, Rochester, is charged with unlawful possession of marijuana. Jones was arrested at 4 p.m. on March 18 after a traffic complaint on Ellicott Street, Batavia, wherein Jones was allegedly found to be in possession of marijuana inside his vehicle. He is to be in city court on March 29. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Elizabeth Lindner, 29, of Pringle Avenue, Batavia, is charged with petit larceny. She is accused of stealing the Batavia Daily News from Marchese Computer Products, located at 220 Ellicott St., at 6:56 a.m. on March 12. She was issued an appearance ticket and is to appear at 1 p.m. on Tuesday in Batavia City Court. The case was investigated by Batavia Police Officer Jason Ivison.

Hawley supports Stafford firefighters, introduces bills to allow charities to advertise raffle tickets for sale online

By Billie Owens

Press release:

In light of the Stafford Volunteer Fire Department canceling its annual car raffle due to fundraising restrictions, Assemblyman Steve Hawley (R,C,I-Batavia), a Life Member of the Stafford Fire Department, announced today that he has introduced legislation to allow Internet advertising by charitable organizations.

Currently, the New York State Constitution does not allow online advertising of charitable games of chance or allow checks or credit cards to be accepted as payment for these raffles.

“I stand in complete support of the Stafford Fire Department,” Hawley said. “Volunteer fire departments are the crux of any successful public safety apparatus and they deserve our utmost respect, help and assistance in every capacity. Clearly, this is an example of the State Constitution lagging behind in technology and adhering to archaic laws.

"The Legislature should immediately consider a constitutional amendment to right this injustice, and I have introduced legislation that would allow charitable organizations to advertise raffle tickets online, boosting sales and reaching more residents. I love attending the Stafford Fire Department Raffle and realize its importance to the sustainability of the department and the local community. I pledge to help in any way I can.”

Hawley is co-sponsoring two bills which would allow charitable organizations holding raffles to accept checks and credit cards. Hawley said he will also be introducing a constitutional amendment to allow nonprofit organizations more latitude in their fundraising efforts.

“Again, this is an example of selective enforcement,” Hawley said. “I sponsor two bills, A.9322 and A.4716, which would address this issue: one allowing checks as payment for raffle tickets; and the other allowing credit as acceptable payment for games of chance.

"This would allow all of our other not for profits, churches, veterans clubs, service clubs and others who strive to help themselves and our communities to sell tickets online and engage more supporters. These bills are currently being held in the Racing and Wagering Committee, and I will do all that I can to get them passed.”

EDITOR'S NOTE: In response to The Batavian's request for more information on the Stafford Fire Department's situation, NY Gaming Commission Spokesman Lee Park e-mailed the following today. We did not hear back from Stafford fire officials.

From Lee Park, NYS Gaming Commission:

The laws and regulations permitting raffles in New York State have been on the books for 20 years and have not changed. All charitable organizations operating in the state are expected to adhere to these laws.

In late 2015, the Gaming Commission received a complaint that this organization was operating in violation of law and regulations. We investigated the matter and informed the organization of the violations and steps needed to correct them.

We sincerely hope that this organization – and all charitable entities in the state – will legally raise funds for their important causes. To this end, the Commission regularly conducts outreach to charitable organizations to ensure they are aware of these laws and regulations, including the prohibition of credit card payments and non-contiguous county sales of raffle tickets. The Commission holds charitable gaming seminars each month at its headquarters in Schenectady and regularly goes into the field to educate organizations on these important measures.

More information about charitable gaming in New York can be found here: https://www.gaming.ny.gov/charitablegaming/index.php?ID=0

Law and Order: Batavia resident charged with drug possession following traffic stop

By Howard B. Owens

Bradley John Broadbent, 36, of Walnut Street, Batavia, is charged with false personation, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia and possession of hypodermic needles. Broadbent was arrested following a traffic stop at 10:37 p.m. Tuesday on Route 33, Stafford, by Deputy Rachel Diehl.

UPDATED: Law and Order: Arrest on weapons charge clarified

By Howard B. Owens

Bruce K. Ames, 49, of Bank Street, Batavia, is charged with menacing, 3rd, criminal possession of a weapon, criminal solicitation and coercion, 1st. Ames was arrested as a result of an investigation into an incident reported at 3:05 a.m. Jan. 24 at 122 Bank St., Batavia. Police report, "A New York SAFE Act compliant rifle was found and held as a result of the investigation." Ames was ordered held without bail.

UPDATE AND CLARIFICATION: We've pulled the court documents on this case and spoke with police. While the original press release states Ames was arrested on a weapons charge and has this reference to the SAFE Act, the SAFE Act is entirely irrelevant to the case. The weapons charge comes from allegedly possessing a weapon with the intent to use it to cause death or injury. Ames allegedly threatened to fire his rifle through the floor of an apartment if his neighbor didn't come up, and kill him. That allegation is the basis of the solicitation, menacing and coercion charges. Ames reportedly possessed a Stag Arms 5.56-MM rifle, and though he claimed to have a 12-round magazine, there was no SAFE Act violation found.

Ryan M. Warner, 38, of South Main Street, Batavia, is charged with petit larceny. Warner allegedly stole several boxes of Crest White Strips from the CVS on West Main Street. Warner was jailed on $2,000 bail or $4,000 bond.

Jacqueline Raj Garrett, 36, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to complete community service. Garrett was sentenced for aggravated unlicensed operation, 3rd. Garrett was jailed on $100,000 bail.

Hector L. Gomez, 19, of Batavia Stafford Townline Road, Batavia, is charged with obstructed view, criminal possession of marijuana, 4th, and two counts of criminal use of drug paraphernalia, 2nd. During a traffic stop on Liberty Street, Batavia, officers reported detecting the odor of marijuana coming from the vehicle. The stop was at 4:43 p.m. Thursday by Officer Chad Richards. Gomez allegedly had marijuana in several different containers in the vehicle.

Jerell J. Jones Sr., 27, of Watson Street, Batavia, is charged with criminal possession of a weapon, 3rd. Jones is accused of using a knife during an altercation at 1:15 a.m. Oct. 11 at a location on East Main Street, Batavia. Jones was jailed on $5,000 bail.

Lamar I. Randall, 30, of South Lyon Street, Batavia, is charged with false personation, aggravated unlicensed operation, 2nd, driving without ignition interlock, unlicensed operator, failure to stop at stop sign. Randall was stopped at 1:47 a.m. Saturday on Garfield Avenue, Batavia, by Officer Matthew Wojtaszczyk. Randall was jailed on $1,500 bail.

Eric John Polle, 45, of Meadow Farms South, North Chili, is charged with endangering the welfare of a child and harassment, 2nd. Polle was allegedly involved in an incident where he physically harassed another male at a location on Maple Avenue, Oakfield, at 4:18 p.m. on Jan. 27. Children were allegedly present at the time. He was jailed on $500 bail or $1,000 bond.

Douglas James Hanley, 25, of Batavia Stafford Townline Road, Batavia, was arrested on a warrant for alleged failure to pay fine. Hanley was released under supervision of Genesee Justice.

Law and Order: Note left at house helps Troopers ID alleged burglar

By Howard B. Owens

Name redacted upon request 43, of South Wales, is charged with burglary, 2nd. xxxx is accused of entering a residence in Stafford and stealing a laptop, a German air pistol, a small pocketknife, three jars of coins, and a pillowcase valued at more than $600. xxx was identified through a note she left at the scene. Following arraignment in Town of Batavia Court, xxx was released on her own recognizance.

Michele Anne Stamp, 51, of North Street, Batavia, is charged with DWI, driving with a BAC of .18 or more, speed not reasonable and prudent, and moving from lane unsafely. Stamp was involved in a motor vehicle accident at 7:03 p.m. Sunday on Lewiston Road, Alabama. She was transported to the Genesee County Jail, where she submitted to a chemical test. She allegedly tested for a BAC of .21. She was arrested by Deputy Andrew Hale.

Nicholas S. Gillett, 25, of Italy Valley Road, Middlesex, is charged with criminal possession of a weapon, 4th. Gillett was arrested as the result of an investigation in the Town of Bergen. He was allegedly found in possession of a rifle in violation of probation as a result of a felony conviction.

Andrew K. Wright, 25, of Main Street, Batavia, is charged with harassment, 2nd. Wright allegedly pushed a woman and struck her several times with a broom during an argument. He was jailed on $500 bail.

Timothy C. Pabone, 42, of Oak Street, Batavia, is charged with criminal possession of a weapon, 3rd, menacing, 2nd and DWI. Pabone was reportedly involved in an argument at 12:38 p.m. Saturday at 220 W. Main St., Batavia, over where a vehicle was parked. Pabone allegedly brandished a knife and threatened another person. He then allegedly tried to flee the scene in a vehicle, driving through a back yard and over the parkway. He was also charged with unlicensed operator, aggravated unlicensed operation, 2nd, failure to stop at stop sign, failure to keep right, unregistered motor vehicle, driving without insurance, switched plates, and improper registration sticker. Pabone was jailed without bail.

Nicholas Allen Clark, 26, of Hutchins Street, Batavia, is charged with possession of hypodermic instrument. Clark was arrested following a complaint at 2:04 p.m. Saturday of a person injecting himself while driving a vehicle on Liberty Street.

Shawna M. Pursel, 38, of Oak Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Pursel was allegedly found in possession of a glass pipe commonly used for smoking crack cocaine.

Joseph W. Gottstine, 26, of Beaver Meadow Road, of Java Center, was arrested on a warrant for alleged failure to appear on a traffic violation.

Raymond L. Morgan, 44, of State Route 31, Lyons, is charged with criminal possession of a controlled substance. Morgan was arrested on a warrant. He is currently incarcerated in Wayne County on an unrelated charge.

Victor D. Guy, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic violation.

Cheryl M. Lyons, 50, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. She was released under supervision of Genesee Justice.

Cheryl A. Kowalik, 55, of Alexander Road, Batavia, was arrested on a warrant stemming from a charge of issuing a bad check.

Samuel Anthony Nigro, 64, of Ellicott Street, Batavia, is charged with criminal possession of a weapon, 3rd. Nigro was allegedly found in possession of a billy club during a home visit by a probation officer. Nigro has a prior felony conviction. He was jailed without bail pending review by Superior Court. Upon review, he was released under supervision of the Probation Department.

Melissa M. Lesage, 36, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to appear on a traffic citation. She was released on $500 bail.

Terry E. Smith, 38, of West Main Street, Batavia, is charged with side window tint, no plate lamp, unlawful possession of marijuana, criminal possession of a controlled substance, and aggravated unlicensed operation, 3rd. Smith was stopped at 2:04 a.m. Jan. 10 on McKinley Avenue by Officer Matthew Wojtaszczyk.

Samantha L. Tate, 23, of East Main Street, Batavia, is charged with petit larceny and conspiracy, 6th. Tate was arrested on a warrant stemming from an alleged shoplifting incident at 415 E. Main St., Batavia.

Joey A. Evans, 25, of Maple Street, Batavia, was arrested on a warrant for allegedly violating released under supervision conditions. Evans allegedly failed to appear for required meetings. He was jailed on $1,000 bail.

Loretta L. Baer, 44, of School Street, Batavia, is charged with resisting arrest and obstructing governmental administration, 2nd. Baer was jailed on $1,000 bail.

Frank J. Yanik, 39, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Yanik was stopped at 1:21 a.m. Saturday on Liberty Street by Officer Peter Flanagan.

Fire reported at Brigman Apartments on Main Road, Stafford

By Billie Owens

A working fire is reported at the Brigman Apartments at 6275 E. Main Road, Stafford. Several calls have been made to dispatch and flames are now through the roof. It is believed to have started in a rear apartment. It's gone to a second alarm. Stafford Fire Department is responding along with Le Roy, Town of Batavia, the City's FAST Team, Pavilion, and South Byron. South Byron is also requested to provide a crew to stand by in Stafford's fire hall.

UPDATE 8:35 p.m.: The third platoon is called to city fire headquarters.

UPDATE 8:52 p.m.: A witness at the scene reports seeing no flames or smoke at this time and believes the fire may be out.

UPDATE 9:14 p.m. (by Howard): The fire seems to have been caused by faulty insulation installation around a water heater. There were flames showing when firefighters arrived on scene. The attic had some damage. The structure was saved.

Accident at Route 33 and Route 237, Stafford

By Howard B. Owens

A two-car accident has been reported at the intersection of routes 33 and 237, Stafford.

Unknown injuries.

Stafford fire and Mercy EMS responding.

UPDATE 8:01 p.m.: No injuries.

Photos: Christmas lights 2015

By Howard B. Owens

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Merry Christmas from all of us at The Batavian.

Here are some pictures from yesterday evening of local Christmas lights, starting with the DiSalvos on Fargo Road, Stafford, followed by the Calls' place on Main Road, Stafford, a house on Naramore Drive, Batavia, Joe Gerace's place on Vine Street, Batavia, a house on Washington Avenue, two on Richmond Avenue, South Main Street, Batavia, then Elba, and finally, the window display for Charles Men's Shop, which won the BID window display contest.

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Law and Order: Woman accused of stealing wallet at Batavia Downs

By Howard B. Owens

Debra M. McKnight, 56, of West Main Street, Le Roy, is charged with grand larceny, 4th. McKnight allegedly stole a wallet at Batavia Downs. McKnight was arraigned in City Court and ordered held without bail.

Matthew Williams, 27, no residence provided, is charged with petit larceny. Williams is accused of stealing an ATV from a location on South Main Street, Elba. State Police say Williams noticed an ATV on private property and pushed it down a trail, where he filled it with gas and drove it away.

Maria L. Martinez, 20, no residence provided, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana and controlled substance not in original container. Martinez was stopped by State Police on Route 237, Stafford, for allegedly speeding. Troopers say she was in possession of 32 diazepam pills in a plastic bag and nine grams of marijuana.

Michelle Blanche Alberico, 51, of Mapledale Acres, Barneveld, is charged with possession of 10,000 or more untaxed cigarettes, possession or transportation of untaxed cigarettes for sale, operator's view obstructed, and aggravated unlicensed operation, 3rd. Alberico was stopped at 1:47 a.m. on Route 77, Pembroke, by Deputy Andrew Hale. Alberico was allegedly in possession of 450 cartons of untaxed cigarettes.

Earle D. Webb Jr., 29, of Joseph Avenue, Rochester, is charged with criminal mischief, 4th, and criminal trespas,s 2nd. Webb allegedly broke the door and entered the residence of an acquaintance at 12:30 p.m. Friday at a location on Central Avenue, Batavia.

Mael L. Tomlin, 23, of Chase Parkway, Batavia, is charged with harassment, 2nd. Tomlin is accused of pulling a woman's hair during an argument.

Joseph Matthew Mika, 18, of Pine Hollow Drive, Batavia, is charged with aggravated harassment, 2nd. Mika is accused of sending harassing text messages to a female victim.

Law and Order: Galloway Road resident allegedly strangled victim and threatened to kill victim and family members

By Billie Owens

Joshua M. Gaudioso, of Galloway Road, Batavia, is charged with second-degree harassment and second-degree strangulation. He was arrested following a domestic incident at 7:46 p.m. on Dec. 6 wherein he allegedly strangled the victim and threatened to kill the victim along with several members of the victim's family. He was jailed without bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Lindsay.

James E. Wroten Jr., 49, of Central Avenue, Batavia, was arrested at 10 p.m. on Dec. 7 on Olyn Avenue following a verbal and physical argument between himself and a person who had a stay away order of protection from Wroten. It is alleged that the defendant called the protected party names and pushed a plate into her face during an argument. He was jailed without bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Ivison.

Kenneth C. Roma, 28, of South Main Street, Batavia, is charged with DWI, operating with a BAC of .08 percent or more, uninspected motor vehicle, cracked/broken windshield, and driving to the left of pavement markings (a no-passing zone). The Sheriff's Office received two calls from other motorists about the poor driving habits of the driver of a pickup truck eastbound on Route 5 in the Town of Batavia at around 10:20 p.m. on Dec. 11. The callers continued to follow the pickup and provide dispatchers with the current locations and details of when the pickup allegedly interfered with other vehicles on the roadway. Sheriff's Sgt. Ron Meides located the pickup on West Avenue in the Village of Attica with a caller's assistance. The driver indicated he was lost and did not know where he was. Meides was assisted by other members of the Sheriff's Office and two officers from the Attica Police Department. Roma was released on an appearance ticket and is to be in Alexander Town Court on Jan. 12. Sgt. Meides was assisted in the investigation and report by Sheriff's Deputy Richard Schildwaster.

Heather R. Frizol, 35, of Maple Street, Batavia, is charged with aggravated driving while intoxicated, DWI, speeding, failure to maintain lane, and passing through a red light. She was arrested following a traffic stop at 1:28 a.m. on Dec. 6 on Main Street, Batavia. Frizol was also charged as an unlicensed driver and for allegedly having an open container of alcohol in the vehicle. She is to appear in City Court on  Dec. 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Felicia DeGroot.

Richard Dean McKague Jr., 25, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana, second-degree aggravated unlicensed operation, failure to yield right-of-way to an emergency vehicle, failure to stop at a stop sign, and being an unlicensed operator. His arrest at 6:06 a.m. on Dec. 10 came after a vehicular pursuit that started in the Town of Stafford and ended in the Town of Byron. It is alleged that McKague was observed violating sections of state vehicle and traffic law and then when a traffic stop was initiated, be failed to comply. The pursuit through two townships concluded on Beaver Meadows Road and he was taken into custody without incident. A search of his person allegedly produced a small quantity of marijuana. He was jailed in lieu of $2,500 cash bail or $5,000 bond and will respond to both Stafford and Byron courts to answer the charges. The investigation was handled by Sheriff's Deputy Joseph Corona, with the assistance of Deputy Christopher Erion, Sgt. Eric Seppala, and State Police.

Jeffrey Lynn Shultz II, 21, of Walkers Corners Road, Byron, is charged with operating a motor vehicle while impaired by drugs -- first offense, driving left of pavement markings, and operating a motor vehicle without an inspection certificate. He was arrested at 1:51 p.m. on Dec. 12 on Byron Road in Byron. He is to appear in Byron Town Court on Dec. 15. The case was handled by Sheriff's Deputy Joseph Corona, assisted by Deputy Patrick Reeves.

Roger James Farney, 33, of Clayton Street, Buffalo, is charged with second-degree criminal contempt. He was arrested at 1 p.m. on Dec. 9 on West Main Street in Batavia after allegedly making derogatory statements toward a person who has an order or protection. He turned himself into Batavia PD headquarters and is to appear in City Court on Dec. 29. The case was handled by Batavia Police Officer Peter Flanagan.

Jeannine Nicole Armbrewster, 38, of Ridge Road, Medina, is charged with driving while ability impaired by drugs. She was arrested at 7:42 p.m. on Dec. 12 on Alexander Road, Alexander. The case was handled by Sheriff's Deputy Dana Richardson, assisted by Deputy Christopher Parker.

Ryan Joseph Bellinger, 25, of Route 209, Varysburg, is charged with criminal possession of a weapon in the fourth degree -- brass knuckles, unlawful possession of marijuana, and operating a motor vehicle with obstructed vision. Bellinger was arrested following a traffic stop at 10:21 p.m. on Dec. 13 on Alleghany Road, Pembroke. He was issued an appearance ticket for Pembroke Court on Jan. 21. The case was handled by Sheriff's Deputy Lonnie Nati.

Daniel C. Brinkman Sr., 55, of Mill Street, Batavia, is charged with third-degree criminal trespass. It is alleged that at 8:30 a.m. on Dec. 9, Brinkman trespassed onto CSX Railroad property (located at 100 Evans St., Batavia) after having been warned to stay off the property. He is due in City Court on Dec. 16. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Kevin DeFelice.

Jason L. McKenzie, 37, and Pamela L. McKenzie, 39, husband and wife from Pavilion, were arrested by state Troopers on Dec. 6 and charged with petit larceny for allegedly stealing items from Kohl's earlier in the week.

Kelli E. Wallace, 53, of Swan Street, Batavia, is charged with petit larceny. She was arrested at 7:20 p.m. on Dec. 7 after allegedly stealing property from Dollar General. She was issued an appearance ticket and is to appear in City Court on Dec. 15. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Michael F. Geer, 24, of Trumbull Parkway, Batavia, was arrested at 3:56 a.m. on Dec. 11 as the result of an investigation into an incident that occurred on East Main Street on Nov. 13. Geer, who is currently in county jail, was issued an appearance ticket charging him with petit larceny. He is to be in City Court on Dec. 15. The case was handled by Batavia Police Officer Eric Foels.

Robert Ernest Saari, 33, of Alleghany Road, Attica, was arrested on a bench warrant out of Batavia City Court for failing to appear at a scheduled court date. He posted bail and was released on an appearance ticket. He is to be in City Court on Dec. 22. The case was handled by Batavia Police Officer Chad Richards. 

Robert Ernest Saari, 33, of Alleghany Road, Attica, was arrested at 6:04 p.m. on Dec. 11 and charged with having insufficient tail lamps and first-degree aggravated unlicensed operation. After being pulled over for allegedly having insufficient tail lamps, it was found that the defendant's license was suspended more than 10 times on 10 dates. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin McCarthy.

Martin James Rodgers, 31, of West Main Street Road, Batavia, is charged with parole violation. As the result of a search of his residence at 10:45 p.m. on Dec. 10, is alleged that he violated parole. A court date for him has not yet been scheduled. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Carlson.

Daniel Colin Healy, 24, of North Street, Le Roy, is charged with failure to appear on a traffic summons. He turned himself into Batavia PD headquarters after being notified by mail that he had a warrant out for his arrest. He is to be in City Court on Dec. 15. The case was handled by Batavia Police Officer Jason Davis.

Zachary B. Reeves, 19, of Maine, is charged with unlawful possession of marijuana. On Dec. 12 at Route 33 and Prospect Street, Corfu, Reeves was pulled over for allegedly driving 54 in a 35-mph zone and for having a loud muffler. The patrol officer allegedly smelled marijuana in the vehicle and allegedly found marijuana residue on the passenger seat. Subsequently, the officer allegedly found a jar containing about 1 gram of marijuana as well as two glass smoking pipes and "1 false cigarette containing marijuana residue." The case was handled by Corfu PD Officer Michael Petritz, assisted by Sheriff's Deputy Lonnie Nati and Deputy Chris Erion and K-9 "Destro."

Car vs. horse accident with injuries reported on Main Road, Stafford

By Billie Owens

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A car vs. horse accident with injuries is reported at 6684 Main Road in Stafford. Stafford Fire Department and Mercy medics are responding. The accident is blocking the roadway.

UPDATE 10:41 p.m.: The female driver of a compact sedan suffered cuts and other minor injuries after striking a horse that ran into the roadway from the south shoulder as she was headed eastbound on Route 5. She said it was dark and she didn't see the animal and had little time to react. The horse was killed upon impact. The driver was transported to a hospital for evaluation.

Crash with unknown injuries reported at Route 63 and Mayne Road, Bethany

By Billie Owens

An accident with unknown injuries is reported on Route 63 at Mayne Road. Bethany and Stafford fire departments are called to respond along with Mercy medics. The call came through OnStar, the vehicle's emergency alerting system; no other calls received or other information available.

UPDATE 7:23 a.m.: Law enforcement at the scene reports being unable to locate the vehicle.

UPDATE 7:31 a.m.: Medics are told to stage in the area of Little Canada Road while law enforcement combs the area for the purported accident victim.

UPDATE 7:35 a.m.: OnStar received an accident notifcation, but could not provide dispatch with a vehicle description or other information. Since the vehicle has not been found, Bethany and Stafford and the other responders are back in service.

Car on its side in yard of house on Byron Road

By Howard B. Owens

A green SUV is on its side in the front yard of a residence at 7862 Byron Road, Stafford. 

Nobody is in or around the vehicle, according to a deputy who was on scene soon after the accident was reported. 

The vehicle is registered to a 26-year-old Batavia resident. 

Stafford fire responding. 

Stafford ZBA's denial of fence variance reversed on appeal

By Raymond Coniglio

The Stafford Zoning Board of Appeals decision that denied James Pontillo a variance for a fence behind the former Odd Fellows Hall, was reversed in state Supreme Court on Friday.

The Hon. Mark J. Grisanti said the ZBA’s September decision was “arbitrary and capricious.”

Grisanti’s decision followed an hour-long hearing at the Genesee County Courthouse.

Pontillo’s attorney, Peter J. Sorgi, said he was gratified by the judge’s decision.

“But I’m incredibly frustrated that it has taken this much time and money,” Sorgi said. “The money he spent on this should have been put into that building.

“The town would have a really nice building instead of paying lawyers and doing all this nonsense,” he added.

The ruling apparently ends a two-year tussle over the fence.

Pontillo bought the historic building at 6177 Main Road in 2010. In 2013, he built a wood fence along the west property line behind the building.

The town issued a stop-work order, and the matter ended up in court. A town judge ordered the fence removed, and that decision was upheld on appeal by Superior Court Judge Robert C. Noonan.

Pontillo’s request for an area variance was denied by the town ZBA on Sept. 15.

On Friday, Grisanti said the ZBA considered the harm the fence would cause. But there is no evidence the board weighed that harm against the benefits to Pontillo, he said.

“(The decision) seems to be a violation, in a sense of their own procedure,” Grisanti said.

The town could appeal the decision. Sorgi said an appeal would cost “a minimum of $10,000” and take a year to reach a courtroom.

“If they want to throw more money away on this, they have that right,” Sorgi said.

Town Attorney Kevin Earl said he would not recommend an appeal.

“I believe this will end it,” Earl said. “It’s up to the judge to make a determination. He made it, and we have to live with it.”

Pontillo was joined in court by about a half-dozen friends and supporters. The group gathered afterward at Coffee Culture.

Pontillo wasn’t in a celebratory mood.

“In a way, they won,” he said.

The legal case has prevented him from finishing work on the fence, a job that will now not resume until the spring.

Also postponed, was work on the building’s exterior, lot paving and roof replacement.

“Because of this delay I really had no desire to do anything more with the building until I saw that I could prevail and move forward with the process,” Pontillo said.

Still, he said, he feels no regret about buying the building.

“I still believe there’s potential there,” Pontillo said. “And I still believe I get good support from the community.”

Law and Order: Batavia man charged with five felonies in connection with 2014 Stafford burglaries

By Billie Owens

Paul M. Gelardo, 30, of Valley View Lane, Batavia, is charged with: three counts of third-degree burglary, which are Class D felonies; one count of second-degree criminal mischief, also a Class D felony; and one count of fourth-degree grand larceny, a Class E felony. His arrest concludes several investigations in the Town of Stafford. It is alleged that between April and September of 2014 that Gelardo unlawfully entered three separate buildings and removed items from them and also damagedf equipment at a stone quarry when he was allegedly removing wire from it, according to a Sheriff's Office press release from Chief Deputy Jerome Brewster. Gelardo was identified as a suspect when DNA found at one of the burlgaries allegedly matched his. None of the missing items have been recovered. Gelardo was put in jail in lieu of $10,000 bail and is set to reappear in Stafford Town Court at 9 a.m. on Thursday, Dec. 10.

Lena Marie Evans, 28, of Vine Street, Batavia, is charged with making graffiti and third-degree criminal trespass. Today (Nov. 19), following the investigation of a graffiti and trespassing complaint near Route 98 in the Town of Batavia on CSX Railroad property, Evans was arrested on these charges. She allegedly went on railroad property without permission at 8 p.m. on July 15 and painted graffiti on a building. She was issued an appearance ticket and is scheduled for Town of Batavia Court at 1 p.m. on Thursday, Dec. 10. The case was investigated by Sheriff's Deputy Saile.

John Wesley Johnson, 59, of Pearl Street, Batavia, is charged with petit larceny, aggravated unlicensed operation, 3rd, and operating with a suspended registration. Johnson was arrested on Nov. 11 for allegedly stealing about $66 worth of merchandise from Walmart before leaving the story. He was stopped by Batavia Police Sgt. Dan Coffey and then arrested and jailed in lieu of $250 bail. The case was investigated by Sheriff's Deputy Christopher Parker assisted by Sgt. Coffey.

Paul A. Russo, 40, of Frewsburg, was arrested by state Troopers on Nov. 17 and charged with petit larceny. An arrest warrant was issued after he allegedly swapped his used sneakers for a pair of Nike Flex valued at $70 from Kohl’s Department Store on Oct. 23. No further information was released.

Car vs. pole accident reported on Byron Road, Stafford

By Billie Owens

A car vs. pole accident with air-bag deployment and possible injuries is reported by a passerby at 8122 Byron Road. Stafford Fire Department and Mercy medics are responding.

UPDATE 7:41 p.m.: The male driver is being transported to UMMC for injuries sustained after his vehicle struck the pole while going "approximately 50 miles an hour."

House fire reported on Main Road, Stafford

By Billie Owens

Flames are reportedly coming from inside a house at 6524 Main Road, Stafford. The location is east of Roanoke Road. Stafford Fire Department is responding along with mutual aid from Le Roy and Pavilion.

UPDATE 6:36 p.m.: Command reports the fire is out. The house has been cleared. Now working to ventilate the structure.

Catherine Roth, a stalwart of the community for decades, moving to Albany

By Howard B. Owens

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Going back to Joseph Ellicott, you would be hard pressed to find anybody has had more of a local impact over a sustained period of time than Catherine Roth.

And she's leaving us.

At age 95, Roth is moving from The Manor House in Batavia to an assisted-living facility near Albany, where she will be closer to her son and grandchildren.

"She really, physically worked hard with the organizations she was involved in," said Lucine Kauffman, a former Town of Elba supervisor and currently president of the  Landmark Society of Genesee County, which Roth helped found. "Some people just want to throw money around, but she actually got her hands dirty. She worked hard and she was passionate. She was definitely one of my mentors and one of the first friends I made when I moved here."

We will need to write out a long list with numerous bullet points to list out all Roth did in her some 70 years of living in Genesee County, but let's do it anyway:

  • Founding member of the Landmark Society in 1964;
  • Spearheaded publication of "The Architectural Heritage of Genesee County";
  • Started a swimming class for children in what is now known as Genesee ARC;
  • She spent decades as a Girl Scout troop leader;
  • Served on the Batavia City Council in the 1970s and served on the Master Plan Steering Committee;
  • Member of the UMMC Hospital League, and baked and donated hundreds of pies to be sold in the snack shop at the hospital, where she also volunteered her time;
  • A trustee with the First Presbyterian Church of Batavia, which she helped get listed on the National Register of Historic Places and took a leadership role in getting the tower restored;
  • Planted flowers and weeded in numerous public places, including Dwyer Stadium and the Batavia Cemetery;
  • Served on the YMCA Board of Directors;
  • Served on the Holland Land Purchase Historical Society Board of Directors;
  • Founding member of the Sun Catchers Garden Club;
  • Board of Directors, Stafford Historical Society;
  • Board member of the Batavia Cemetery Association, where she established the James T. Roth Memorial Arboretum, in memory of her son who was killed by an elderly driver in a car accident;
  • Helped get the Batavia Cemetery listed on the National Register of Historic Places;
  • Recipient of numerous local awards;
  • With her sisters, a member of the oldest living triplets in the United States;
  • Lobbied for years, after her son was killed, to change NYS law on allowing elderly people to retain driver's licenses and gave hers up when she felt she was too old to drive.

Roth was honored -- one of several such gatherings planned around the county before she departs for Albany on Nov. 17 -- yesterday in the Stafford Town Court by the Stafford Historical Society.

She said she was embarrassed by the attention. She never volunteered for anything to get attention, she said. She volunteered because she could.

"I'm embarrassed to say, but I didn't have to work," Roth said. "My husband (Dr. Lawrence Roth) was an obstetrician-gynecologist and I just never had to work, which is very different from what women have to do now."

Roth was born and raised in Long Island and she and her sisters graduated from William Smith College, which they attended on a scholarship. Each of the young ladies met their future husbands while in college, and all three young men were graduates of Hobart College.

Dr. Roth was a decendent of a family, the Tyler family, that settled in Stafford in 1810. The Tyler's roots in the colonies go back to the early 17th Century (one branch of the Tylers, not the branch that came to Le Roy) produced Ernest Hemingway.

When Dr. Roth returned to Batavia to begin his medical career, he brought his bride with him and she got involved early in the life of the community.

She adopted it as her own and cherished the things that made it unique, which made her a staunch opponent of urban renewal, a turn of events in the city's history that she's still bitter about.

"They really ruined Batavia, as far as I'm concerned," she said yesterday.

Her activism in fighting urban renewal paved the way for the creation of the Landmark Society and launched her local political career, prompting her to run for City Council.

"I was the biggest vote-getter," she said.

Her time on council is among her proudest achievements, as well as teaching developmentally disabled children how to swim, saving the Batavia Cemetery and building the arboretum in honor of her departed son.

Laurie Oltramari, currently director of the Batavia Improvement District, and a former president of the Landmark Society, said at yesterday's gathering that Roth gave her confidence to be a leader, even if that meant ruffling feathers along the way.

"Sometimes I was dubbed 'Little Catherine' because I don't like to take no for an answer and I'm not afraid to burn bridges and lose friendships when it means doing the right thing," Oltramari said. "That's really a hard thing to do, but when you have somebody like Catherine saying it's 'OK, you'll be OK,' it really is a life lesson."

Roth's example -- she's thought of by many as somebody who demonstrated equal rights for women long before equal rights for women really became a movement -- has inspired many women, including Rev. Roula Alkhouri, pastor of the First Presbyterian Church of Batavia.

"I always felt affirmed because you always told me the truth," Rev. Alkhouri told Roth during Wednesday's gathering. "You would share your opinion, but it was never in the spirit of you don't know what you're doing because you're young. It was in the sense that I felt affirmed as a woman being in ministry and welcomed."

"I felt really affirmed," she added, "and I realized that when I met her sisters. They came up one time and they said 'You know what, we haven't heard anything bad about you.' "

Kauffman said she always found Roth kind and kindhearted, and a lot of people did, but she was also always strong willed and had deeply held beliefs. That sometimes rubbed some men the wrong way.

"A lot of men thought she was a loudmouthed broad and a pushy broad and I've always wondered, as a woman myself, if she was a man, would they say 'He's pushy,' or 'He's a loudmouth'? No, they would just say 'He's a leader and he had a vision.' "

Roth said there was no grand vision to her service. She just did it.

"I didn't want to be bored with life," she said.

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