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Church burglar faces possible long prison term after accepting plea deal

By Howard B. Owens

Church burglar John A. Cabrera is facing a maximum possible sentence of 21 years in prison after admitting to three felonies in Genesee County Court this afternoon.

John Anthony Cabrera Jr., 22, entered guilty pleas to Class D felony counts of burglary and escape. Each of the three convictions carry a possible sentence of two-and-a-third to seven years, and each sentence could be served consecutively.

Sentencing for Cabrera was set for 9:15 a.m., Dec. 4.

The plea is in satisfaction of multiple charges against Cabrera, who was captured July 24 after breaking into St. Paul's Lutheran Church, 31 Washington Ave., Batavia.

There may be additional charges against Cabrera, but this plea covers those charges as well. In order for any victims to recover restitution, Cabrera must be charged of those suspected crimes before he is sentenced on this plea.

So far, there are claims of restitution from St. Paul's and Genesee County totally nearly a $1,000 and District Attorney Lawrence Friedman said there willl be additional claims filed prior to Dec. 4.

In order for the plea deal to stand, Cabrera cannot dispute any restitution claims.

There was a spate of church burglaries in early summer prior to Cabrera's arrest, including at St. Mary's, Ascension West, First Baptist and St. James.

After he was arrested, Cabrera managed to escape from the Genesee County Jail, though he was captured before he could actually get out of the building.

For previous coverage, click here.

S.O.S. -- Stockpile of kitten kibble and kitty litter at shelter: ZERO

By Billie Owens

From the Volunteers for Animals:

We are currently out of dry kitten food and cat litter. We would appreciate any help from our supportive community. Donations can be dropped off during adoption hours or left under the patio at the front door.

Thank you!

Volunteers For Animals
PO Box 1621
Batavia, NY   14021
www.vol4animals.org

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main St. Road
Batavia, NY   14020
343-6410

Adoption Hours:
Sunday through Friday 1 -- 3 p.m. (closed on Thursdays)
Wednesday 7 -- 9 p.m.
Saturday 11 -- 1 p.m.

Two men arrested for allegedly trespassing at Rolling Hills Asylum

By Billie Owens

Two men were arrested today for allegedly trespassing at the Rolling Hills Asylum in the Town of Bethany, according to State Police, following an investigation of an incident that occurred on Sept. 15.

Arrested where Andrew E. Cox, 18, of Gainsville, and 18-year-old Timothy E. Rafferty, of Pike. They were cooperative during the investigation and will appear in the Town of Bethany Court at a later date, State Police said.

On Sept. 15, employees of Rolling Hills Asylum reported seeing subjects walking on property that was clearly posted. The employees were able to produce a photo of the license plate of a vehicle used by the suspects.

Rolling Hills Asylum does conduct tours of their buildings and grounds, but does so by appointment only. The property is clearly posted and an informational sign is posted at the front of the building. People are not permitted to simply walk out onto the property or into the buildings without an appointment, according to State Police, who say they are concerned about ongoing trespass complaints there.

Photos: Morning drive on Creek Road, Cookson Road

By Howard B. Owens

It's another beautiful fall day in Genesee County. This morning I left the house just before sunrise to see what pictures I might be able to make. I drove to Creek Road and circled back on Cookson Road.

Above, the pond at Baskin Livestock on Creek Road at sunrise.

Cookson Road

Cookson Road

Back on Creek Road

Item found in work space of man accused of transporting a grenade in Le Roy turns out to be a toy

By Howard B. Owens

A Tonawanda business was evacuated early this morning after an employee found what he thought was an explosive device in the work space of Paul Kaiser.

Kaiser, 26, of 12335 Bullis Road, East Aurora, was charged in Le Roy yesterday with criminal possession of a weapon after a homemade hand grenade was allegedly found in the trunk of his car.

At 8:30 a.m., a co-worker at Anderson Equipment Company reported finding what appeared to be an explosive device in Kaiser's area of the building.

It turned out to be a novelty item and posed no threat, according to WIVB.

The Erie County Bomb Squad searched the building and found no evidence of weapons or explosive devices concealed there.

According to WIVB, authorities do not believe Kaiser planted the novelty item with the intent to scare people. He faces no new charges in Erie County related to this incident.

Pavilion man avoids injury after falling asleep at the wheel in Covington

By Howard B. Owens

A Pavilion resident was uninjured early this morning after falling asleep and crashing his car on Route 246 in the Town of Covington.

Christopher Barbis, 26, was, however, cited by the Wyoming County Sheriff's Office for alleged failure to keep right.

Barbis was southbound on Route 237 at 2:23 a.m. when he reportedly fell asleep at the wheel.

His car had substantial front-end damage after striking a National Grid utility pole.

Pavilion Fire Department responded to the scene.

No other vehicles were involved.

Court clerk in Corfu files harassment complaint against village justice

By Howard B. Owens

Some time within the next couple of days, Corfu Justice Robert Alexander will receive a letter from the Village of Corfu Board of Trustees reprimanding him for allegedly harassing and intimidating his court clerk.

Pamela Yasses, who has clerked for Alexander since September 2011, lodged a formal complaint with the trustees at the board's regular meeting Monday night.

The complaint has its roots in how Yasses came to be court clerk in the first place: as a replacement for Brandi Watts, the daughter of Alexander, who was dismissed from her job after it was determined she couldn't work for her father as a clerk.

During this same period of time, a state audit of court records found the court is potentially missing as much as $30,000 in funds received as fines or bail money.

The Judicial Review Commission is reportedly investigating the matter.

Alexander has not responded to an email request for a comment on the complaint filed by Yasses.

According to the account given by Yasses on Monday, shortly after being hired by the trustees, she was asked by Alexander, who is her direct supervisor, to conduct an internal audit of court financial records.

At the same time, Alexander sent a letter to all village residents saying the accusations of financial irregularities could easily be refuted, but "I refuse to lower myself to such tactics, and even much worse by doing so in the news media."

Instead, Alexander announced that he ordered Yasses and then part-time clerk Tom Ingram to conduct an "objective investigation and document the truth."

He promised to release the results no matter what the outcome.

Yasses said Monday night that the internal audit was completed in March and she found evidence of missing funds that "paralleled" the state's findings.

A substantial amount of money is missing, she said, and new evidence continues to emerge of possible misplaced funds the longer she's on the job.

Alexander never released the audit results to village residents as promised, according to the conversation during the meeting.

Instead, according to Yasses, he has tried numerous times to contrive ways to force her out of her job.

"His treatment and attitude towards me has shifted, becoming intimidating, and quite frankly unacceptable," Yasses said. "The continual threat of forcing my resignation or possibly firing me is not something that should be tolerated. I do believe what I am experiencing is classified as harassment."

As a personnel matter, Yasses could have requested her case be heard in closed session, but she said she preferred to address the matter publicly.

While Alexander supervises the clerk's position, the clerk is an employee of the Village of Corfu and only the trustees have the power to terminate her employment, according to village attorney Mark Boylan.

While Alexander has allegedly ordered Yasses on numerous occasions to not communicate with trustees, Boylan said the judge doesn't have the authority to prohibit the clerk from talking to the elected officials who pay her wages.

Though Yasses said Alexander has allegedly harassed her since she completed the internal audit, things apparently came to a head about a month ago after Yasses agreed to do a favor for a Corfu police officer by mailing out a traffic ticket to a citizen.

While it's unclear whether Yasses used an envelope with with a Village of Corfu Court return address, Alexander has accused her of using such an envelope.

Yasses read from an email she said she received from Alexander about the matter:

I'm contemplating what action I am taking about the gross violation of the issue with Officer Retzlaff's ticket. The powers that are in charge are researching whether you committed a violation of the law or just a gross violation of ethical issues in the matter. Hopefully, we'll have the reply by this week or early next week and I will then decide what I am going to do as it applies to your removal from the clerk position, given a chance to resign, or other less drastic measures to see that you never do such an egregious violation.

Boylan told the trustees that the village is facing a potential lawsuit and needed to take action to protect Yasses from Alexander.

"There needs to be a letter, some sort of written admonishment from this board to the judge instructing him to cease and desist his activities," Boylan said. "He cannot continue to conduct himself in this manner. Clearly, this is harassment and clearly this board has an obligation to protect its employee, to safeguard her."

If Alexander fails to comply with the board's request, Boylan said the board could begin proceedings to remove Alexander from office. He said the procedure isn't easy and would take some time.

Out of concern that once Alexander finds out about the complaint lodged by Yasses, but before he receives the letter, he will harass Yasses further, the board agreed to give Yasses a week off with pay. However, upon discussion, it was determined certain court tasks must be completed this week, so she was instructed to only come into the office at times when other employees or trustees are present.

Trustee Art Ianni several times asked Yasses if she understood what she was taking on by bringing a complaint about an elected official to the board.

"This isn't a hot dog stand," Ianni said. "Just because you don't like the guy who puts the mustard on the roll doesn't mean we can get rid of him."

Regardless of how difficult it might be to remove Alexander from office, Mayor Todd Skeet said that as employers, the board needed to ensure employees were protected from a hostile work environment.

"One of the things I think I should say as mayor is that everyone of our employees should come to work happy and go home happy," Skeet said. "If I put myself in Pam's shoes, I'd be pretty unhappy."

Law and Order: Alleged illegal immigrant accused of criminally possessing a shotgun

By Howard B. Owens

Edgar R. Perez-Gonzalez, 34, of North Main Street, Elba, is charged with criminal possession of a weapon, 4th. Perez-Gonzalez was allegedly found with a shotgun that was not legal for him to possess. He is also accused of being in the country illegally. He was arraigned and jailed on $100 bail.

Monica Renee Lloyd, 26, of Viking Way, Brockport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Lloyd was stopped at 8:31 p.m., Sunday, for allegedly driving 48 mph in a 30 mph zone on Lake Street, Bergen, by Sgt. Greg Walker.

Christopher C. Say, 21, of 518 E. Main St., Batavia, is charged with criminal contempt, 2nd. Say is accused of violating a stay away court order.

Alicia M. Stankwick, 21, of 318 E. Main St., Batavia, is charged with criminal contempt, 2nd. Stankwick is accused of violating a court order of protection.

Photos: Fall day drive through Oakfield, Alabama and Indian Falls

By Howard B. Owens

With the afternoon shaping up as a beautiful fall day and some time on my hands, I took a drive out toward Alabama with the intention to make some pictures. Here are six shots that I came across.

Above, cattle in pasture off Bliss Road, Oakfield.

Tree on Roberts Road.

White birch off Sour Springs Road.

Stand of Pine Trees, Sour Springs Road.

Hay field off Roberts Road.

Sunset off Route 77 near Indian Falls.

Man allegedly with homemade grenade faces felony weapons charge

By Howard B. Owens

A 26-year-old Erie County resident is facing a felony weapons charge after his car was stopped in Le Roy this morning and a home made grenade was allegedly found in the trunk of his vehicle.

Paul R. Kaiser, of 12335 Bullis Road, East Aurora, reportedly consented to the search after a Le Roy PD officer informed Kaiser he believed he smelled marijuana coming from the vehicle.

Kaiser was initially stopped on Lake Street for allegedly speeding.

After the explosive device was discovered, Kaiser reportedly informed the officer he had made others previously.

Erie County law enforcement later conducted a search of Kaiser's residence, but the results of that search have not yet been released.

During this morning's incident, eight homes on Lake Street were evacuated and Route 19 was closed from about 6:45 a.m. to 9 a.m.

The State Police Bomb Squad was dispatched to the scene and determined the alleged explosive device was live and dangerous. It was removed to a safe location, according to Le Roy PD.

Kaiser was charged with one count of criminal possession of a weapon, 1st, a Class B felony, one count of unlawful possession of marijuana, speeding, driving with a suspended license and uninspected motor vehicle.

Assisting Le Roy PD at the scene and with the investigation were State Police, Erie County Sheriff's Office, Le Roy Fire Department, Le Roy Ambulance Service, the District Attorney's Office and the Federal Bureau of Alcohol, Tobacco and Firearms (ATF).

Weather service warns of overnight freeze

By Howard B. Owens

A freeze watch is in effect for Genesee County tonight.

Temperatures could dip into the low 30s.

Crops, tender vegetation and outdoor plants could be damaged or killed.

Law and Order: Two men charged with disorderly conduct following alleged fight on Bank Street

By Howard B. Owens

Michael J. Elmore, 21, of 130 Bank St., Batavia, and Clifford F. Schultz, 46, of 26 Pearl St., Batavia, are charged with disorderly conduct. At 12:29 a.m., Sunday, Batavia PD responded to a disturbance call at 130 Bank St. and observed two men allegedly fighting. Schultz was reportedly seen throwing a punch and striking another person. Elmore allegedly held a baseball bat.

Scott T. Laird, 30, of 5711 Horseshoe Lake Road, Stafford, is charged with DWI and driving with a BAC of .08 or greater. Laird was stopped at 11:43 a.m., Sunday, on Main Street by Officer Chris Camp.

Carrie A. Brown, 32, of First Street, Bolivar, and Dennis Eugene Hopkins, 41, of First Street, Bolivar, are charged with grand larceny, 4th. The couple is accused of stealing $2,000 in pennies from a church on Lewiston Road, Batavia. The money was being saved to buy a playground for children in a Third World country. Brown was jailed on $500 bail. Hopkins was held without bail.

Woodrow Clarence Horseman, 36, of East Main Street, Batavia, is charged with petit larceny. Horseman is accused of shoplifting $103.72 in merchandise from Walmart.

Danielle E. Cummings, 34, of Bank Street, Batavia, is charged with burglary, 2nd, unauthorized use of a vehicle, 3rd, aggravated unlicensed operation, 3rd, and unlicensed operation. Cummings is accused of entering a residence on Horsehoe Lake Road, Stafford, taking the keys to a vehicle and using the vehicle without permission.

Manuel Larry Valdez, 34, of Shane Drive, Syracuse, was taken into custody on a parole warrant.

Photo: Sporting breast cancer awareness T-shirts

By Howard B. Owens

The staff of Genesee Orthopaedics and Sports Medicine is recognizing Breast Cancer Awareness month by wearing City of Batavia Fire Department breast cancer awareness T-shirts.

Route 19 closed after suspected hand grenade found in trunk of a car

By Howard B. Owens

About eight residents had to be evacuated from their homes on Lake Street this morning after a routine traffic stop by Le Roy PD led to a bomb scare.

Following the stop for alleged speeding around 7:30 a.m., a police officer conducted a search of a vehicle and found what appeared to be a homemade grenade in the trunk.

The State Police bomb disposal team was called in, Route 19 was closed, and nearby residents were evacuated.

Unspecified charges are pending against the susptect, who was taken into custody. ATF and the DA's office are being consulted.

The suspect was cooperative with police throughout the incident. 

After he was stopped for allegedly speeding, the officer asked to take a look in the vehicle's trunk and the driver consented.

He reportedly told authorities he had made grenades before.

Route 19 has reopened.

PHOTOS: Top, Police officer with gun found in the vehicle. Bottom, a state trooper at the scene. Photos by Alecia Kaus.

GoArt! recognizes community members dedicated to local arts and culture

By Daniel Crofts

Genesee/Orleans Regional Arts Council (GoArt!) held its Community Awards Gala last night at Terry Hills Banquet Facility. Honorees Linda Blanchet (Board of Directors Special Recognition Award), Patrick Burk, Lorie Longhany, Medina Sandstone Society (represented by Craig Lacy and Robert Waters) and Chris Busch are pictured.

Bill McDonald, center, was another award winner. He performed for the event with "The Old Hippies" -- Jim Sweet, Kay McMahon and James Catino (Bill Pitcher, far right, is not a member of "The Old Hippies," but presented the award to McDonald).

The other winners (not pictured) were the Holland Land Office Museum, the Le Roy Barn Quilt Project and the Mason Family.

Assemblyman Stephen Hawley was Master of Ceremonies for this 12th annual gala honoring community members in Genesee and Orleans Counties who give of their time, talents and treasure to enrich the artistic and cultural atmosphere of their community.

Genesee County

Patrick Burk was recognized for his contributions to community theater and, in particular, for giving the Batavia Players a new and permanent home with the Harvester 56 Theater.

Norm Argulsky, who presented the award to Burk, credited him with introducing Batavia to "the idea of a theater season," which allows people to know ahead of time what shows will be performed over the course of an entire year.

The Holland Land Office Museum was recognized for "enlivening local history and culture through exhibits, engagement and exploration" (as worded in the event program). Museum Director Jeffrey Donahue and Board of Directors Member Jim Dusen accepted the award.

Jim Owen, also on the museum's board of directors, lauded HLOM for "keeping history alive in Genesee County."

"It's very important that people don't forget our history," he said, "because without history our future might be pretty dim."

Lorie Longhany was honored for her passionate commitment to sharing her love of art with "the young and the young at heart" (Longhany's words), inspiring many young people to pursue careers in the arts and many senior citizens to explore their creativity.

Bill McDonald -- aka "Wild Bill" -- a local musician, was honored "for selflessly performing and promoting music and art, now and for the future."

When presenting the award to McDonald, Pitcher called him "a genuine troubadour."

The Mason family, a family of talented artists whose work has drawn national recognition, and whose paintings can be seen in buildings throughout Genesee County (including United Memorial Medical Center, Bank of America, and the Holland Land Office Museum), were awarded for their contribution to the cultural vitality of our area.

Max and Jane Mason were to receive the award for the family, but they could not attend. Beth Carr accepted the award on their behalf.

The Le Roy Barn Quilt Project, which showcases locally embroidered quilts on barns throughout Le Roy, received an award for "blazing a colorful trail to share (Le Roy's) rural heritage through public art."

Linda Blanchet, former GoArt! president and recipient of the GoArt! Board of Directors Special Recognition Award, was recognized "for dedication, drive and direction in pursuit of shining a spotlight on the arts in Genesee and Orleans counties."

It is worth noting that Burk, in his acceptance speech, credited Blanchet in a special way for getting him back into local theater after he had been away from the stage for 10 years.

Orleans County

Chris Busch, a member of the Orleans County Renaissance Group, achieved recognition "for passion and commitment to bringing cultural experiences into the community."

The Medina Sandstone Society received an award "for embracing the natural as a 'cornerstone' of culture, founding a tradition of community pride."

Guests at the event included representatives from National Grid, Turnbull Heating, Air Conditioning & Refrigeration, O-AT-KA Milk Products, Roxy's Music Store, NYSARC and GCASA, among others.

For more information on GoArt! and its programs and services, call 343-9313, e-mail info@goart.org or visit www.goart.org.

Supplemental note on the Holland Land Office Museum

In his acceptance speech, Donahue mentioned that the museum now has the "V" from the old Batavia Downs sign. People who have driven by and seen it hanging for many years can now go to the museum to "see it in person," says Donahue.

Photos

Lastly, here are samples of the artwork included in the gala's silent auction:

"Holland Land Office" by Lorie Longhany.

"Hand-painted Autumn Leaf Pottery," donated by Kelly Kiebala.

"Barn on Country Road" by Tom Zangerle.

"Iris with Fence" by Dan Cherry.

"Framed & Matted Print" by Brandi Bruggman.

"School's Out" by Diane Phalen.

"Halloween Wall Hanging" by Linda Kozubal.

SUV crashes into tree, minor injury, in Alabama

By Billie Owens

An SUV crashed into a tree at 1825 Lewiston Road in Alabama. It's near Knowlesville Road in the area of the hunt club. The driver is out and there is reportedly only a minor injury. Alabama Fire Department and Mercy medics are responding.

The Batavia Salvation Army launches online Red Kettle Campaign

By Billie Owens

Press release:

It’s beginning to look like Christmas at the Batavia Salvation Army. Preparations began weeks ago to organize the Red Kettle Campaign and holiday assistance programs.

During the holiday season The Salvation Army offers many opportunities to get involved and donate. This year we have expanded our kettle campaign to include online giving.

This year an online red kettle team has been created by Major Patty Kurtz. Major Patty has issued a challenge to raise money through her online kettle team to exceed the campaign goal set by her husband, Major Bob Kurtz.

All money raised through the online red kettle will be dedicated to meet the needs of local families and individuals in Genesee County.

Individuals interested in joining the team or making a donation can visit the team’s Web site: www.onlineredkettle.org/BeatBob

For more information contact: Major Patty at 343-6284 or email at patricia.kurtz@use.salvationarmy.org

St. Joe's 53rd annual Popcorn Ball is Oct. 13, theme is 'Taste of Genesee'

By Billie Owens

St. Joseph Catholic School will honor alumni Judge Robert Balbick and M&T Bank Regional President Dan Burns at its 53rd annual Popcorn Ball on Saturday, Oct. 13 at the school. Three volunteers will also be honored for their service. They are Jamee Logsdon, Michelle Cryer, and Maria Streeter.

The theme of this year’s event is “A Taste of Genesee” and will feature food from nine different restaurants and caterers.

This year’s Popcorn Ball will feature food from some of the area’s most popular restaurants along with prizes from Darien Lake and Palm Island Indoor Water Park. This year’s menu includes:

Seafood Bisque from Terry Hills
Fried Calamari from Alex's Place
Smoked Chicken Wings from Duke's Smokin' Bone
BBQ Ribs from Clor's
Pulled Pork Sandwiches from Center Street Smoke House
Mini Beef on Weck from T.F. Brown's
Mini Beef Wellington from Larry's Steak House
Chicken & Broccoli Alfredo from Bob Evans
Eggplant Parmesan & Pasta Primavera from Penna's Catering

Tickets are $60/couple and currently available at the school. You can also reserve a table of 10 by visiting www.sjsbatavia.org or calling 343-6154.

About the honorees...

Judge Robert Balbick graduated from St. Joseph Catholic School in 1963, going on to earn a degree from Canisius College and his J.D. from Albany Law School. Judge Balbick was admitted to the bar in 1975 and became a Batavia City Court Judge in 1992. He was instrumental in creating Genesee County’s Drug Court, which gives those with substance-abuse problems a chance for recovery. Robert and his wife, Jane, have three children -- Kristen, who is a lawyer; Michael, who currently works in the banking industry, and Katie, who works for UMMC.

Dan Burns graduated from St Joseph Catholic School in 1978, going on to graduate from St. Bonaventure University and earn an MBA from Columbia. He was first hired by M&T in 1986 and currently services as a regional president while managing the M&T Charitable Foundation. Dan is past chair and current board member of Greater Rochester Enterprise and YMCA of Greater Rochester; he is vice chair at the Monroe Community College Foundation; he is a board member of the University of Rochester Medical Center, Flaum Eye Institute and St. John Fisher College. Dan currently lives in Rochester with his wife, Denise, and has two sons and a daughter.

Jamee Logsdon is part owner of Baltz Concrete of Pavilion and has spent countless hours supporting events like the Popcorn Ball and the Mammoth Sale and once waded into water that was ankle deep to fix a plumbing problem prior to a major event at the school. He has also served on several committees and supported numerous fundraisers. Jamee, along with his wife, Seana, their daughter, Kaitlin (SJS Class of 2009), and son Connor (SJS Class of 2013) live in Batavia.

Michelle Cryer and Maria Streeter are known as the “Dynamic Duo of Bingo” and have managed to turn Friday night bingo into a successful fundraiser for the school. Both have chaired the annual Popcorn Ball and have volunteered to do everything from painting to assisting with the construction of the school store. Michelle and her husband, Matt, live in Batavia with their three children, James (SJS Class of 2011), Jacob (SJS Class of 2013), and Jocelyn (SJS Class of 2016). Maria and her husband, Darryl, also live in Batavia with their two children, Julia (SJS Class of 2013) and Benjamin (SJS Class of 2017).

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