Today the Genesee County Grand Jury, under what is known as Prosecutor's Information, filed two Class A misdemeanor counts against Michael V. Pontillo. This option is used when the grand jury fails to find evidence to support felony charges but does find sufficient evidence to file misdemeanor charges.

The grand jury accuses Pontillo of obstructing governmental administration in the second degree for allegedly intentionally obstructing, impairing or perverting the administration of law or other governmental function, or attempting to prevent a public servant from performing an official function by means of intimidation, physical force or by unlawful act. This allegedly occurred Oct. 30 in the City of Batavia.

In count two, Pontillo is accused of resisting arrest by intentionally preventing or attempting to prevent a police officer from effecting an authorized arrest of himself or another person.

As a result of the Prosecutor's Information, an infrequent determination in Genesee County, the grand jury directs the District Attorney's Office to return the charges to a lower court, in this case City Court.

These are the latest indictments issued by the Genesee County Grand Jury.

John J. Saddler is indicted on four counts. The first is for the crime of attempted rape in the first degree, a Class B felony, for allegedly attempting to engage in sexual intercourse with another person by forcible compulsion. This allegedly occurred Aug. 31 in the Town of Batavia. In count two, he is accused of touching the victim's genitals by forcible compulsion, a Class D felony. In count three, he is accused of forcing the victim to touch him on the genitals by forcible compulsion, also a Class D felony. In count four, Saddler is accused of unlawful imprisonment in the second degree, a Class A misdemeanor, for allegedly restraining the victim in a motel room.

Dortha L. Penders is indicted for aggrevated driving while intoxicated, a Class E felony, for allegedly driving a 2008 Dodge while intoxicated on Sept. 22 on Route 5 in the Town of Batavia while a child age 15 or less was a passenger. In count two, she is accused of committing the same crime with a BAC of .08 or more, also a Class E felony, and while a child age 15 or less was a passenger.

Donald W. Sczepanski is indicted for driving while intoxicated, a Class E felony, for allegedly operating a 2004 Pontiac while intoxicated on Route 238 on Aug. 2 in the Town of Alexander. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Thomas P. Lester is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Dodge while intoxicated on Sept. 12 on Townline Road in the Town of Byron. In count two, he is accused of committing the same crime with a BAC of .08 or more, also a Class E felony.

Robert C. Hinett is indicted for driving while intoxicated, a Class E felony, for allegedly driving a 2003 Subaru while intoxicated on Aug. 23 on Lake Street in the Town of Le Roy.

The Grand Jury issued No Bill for Kiernan W. Kinney after considering evidence relating to possible charges of sexual abuse in the first degree for incidents which allegedly occurred on April 10 in the Town of Pavilion.

Tickets are still available but going fast for HomeCare & Hospice’s Third Annual Mardi Gras celebration on Saturday, Feb. 8 at Batavia Downs Grandstands Bar and Grille.

Proceeds from the event benefit the HomeCare & Hospice Foundation.

Tickets are $40 each, $70 a couple and include $15 in casino free play and a New Orleans-style buffet dinner. Tickets can be ordered online at www.homecare-hospice.org or by calling Linda Cummings, HomeCare & Hospice development manager, at 877-277-2615.

Doors will open at 6 p.m. and dinner will be served at 6:30 p.m. A cash bar with drink specials will be available throughout the evening. The event will also include live musical entertainment by M.A.C. and a Chinese auction with a chance to win an overnight stay for two at the International Plaza Hotel in Toronto and two club-level tickets to the Buffalo Sabres game against the Chicago Blackhawks on March. 9.

HomeCare & Hospice’s Mardi Gras is sponsored by WBTA-AM 1490 in Batavia.

HomeCare & Hospice, a non-profit United Way agency, provides specialized medical care and social/emotional support for patients and families coping with life-limiting illness in Allegany, Cattaraugus, Genesee and Wyoming counties. This institution is an equal opportunity provider and employer.

I'll be out of town for a couple of days to attend to a family matter.

There will still, however, be coverage of news in Genesee County while I'm gone. Billie remains in town. Alecia Kaus is helping out, as usual. We can pick up stories as needed from WBTA. I will, of course, have my laptop with me.

In case you haven't noticed, it's snowing.

So far, light snowfall, but the weather service says it will become heavier this afternoon and travel will become more difficult.

A winter storm warning remains in effect through tonight.

The governor has declared a state of emergency for the whole state, but on the conference call this morning, he mainly talked about the weather impacts Downstate.

Be careful out there.

Photo: Jackson Street

Jesse Woods, 18, of 41 Lake St., Le Roy, is charged with assault, 3rd. Woods is accused of punching a relative, causing bleeding, bruising and a fat lip. Woods was released under supervision of Genesee Justice.

Henry L. Banks, 43, of Tracy Avenue, Batavia, was arrested on City Court warrant for alleged front yard parking. Banks was arrested following a traffic stop by Deputy Joseph Corona and turned over to Batavia PD on the warrant. Banks posted $100 bail.

Five people are accused of gathering at a residence in Le Roy on Saturday for the purpose of unlawful conduct leading to their arrest on marijuana charges.

Members of the Local Drug Enforcement Task Force executed a search warrant at 9 Union St., Le Roy.

Joshua M. Bratcher, 23, of Union Street, Le Roy, is charged with criminal nuisance, 2nd, and unlawful possession of marijuana.

His apparent guests where charged with unlawful possession of marijuana. They are Samantha L. Pomeisl, 25, of Union Street, Le Roy; Jesse D. VanBuren, 22, of Alwardt Road, Wyoming; and, Alexander A. Chandler, 22, of Bacon Street, Le Roy.

Investigators said they recovered a quantity of marijuana and several smoking devices.

All five individuals were issued appearance tickets.

Assisting in the case were the District Attorney's Office, Deputy Chris Erion and canine Destro, and Le Roy PD.

CORRECTION: We left out a name: Erica C. Puleo, 25, of Union Street, Le Roy. Charged with criminal nuisance and unlawful possession of marijuana.

Reason: The death of Phillip Seymour Hoffman

A person has been struck by a car at the intersection of State Street and Lewis Place, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:05 a.m.: Patient transported to UMMC by Mercy EMS. City fire back in service.

The Notre Dame girls are just one win away from clinching their 11th Genesee Region League title in school history after pounding Elba, 69-37.

The resounding victory also marks the first time that the Lady Irish have swept Elba in league play since the 2010-2011 season.

The Lady Lancers kept things close in the first quarter, but Notre Dame blew the game open in the second, led by Mel Taylor.

Taylor scored 12 of her game-high 24 points in the second quarter as the Irish increased their  seven-point lead after the first quarter to 23 at half time.

“It’s getting down near crunch time,” said Notre Dame Head Coach Dave Pero. “We’re trying to stress that you have to be more aggressive on whatever you do [well]. Mel is a scorer and we want her to try and score as much as possible.”

In the third quarter, junior Emma Francis picked up where Taylor left off, scoring 10 of her 15 points in the frame to put the contest out of reach.

“Emma’s got potential,” Pero said. “She’s starting to believe in herself and it’s a great time to believe. If we have Emma Francis at full-go come sectional time, we’ll be a tough team to beat.”

Taylor was not as terrific scoring the ball, but she had a splendid game overall, adding 11 rebounds, six steals and four assists.

Shea Norton also played strong underneath, scoring 13 points and 10 rebounds. Senior Laurie Call chipped in with seven steals, six assists and five rebounds for Notre Dame (15-1).

Kelsey Bezon had another solid game in defeat, scoring 14 points and grabbing four rebounds. Haley Brown chipped in with 10 points for Elba (12-4).

Photos by Howard Owens

To purchase prints, click here.

Press release:

Attorney General Eric T. Schneiderman today announced the arrest of Sarah Waclawski, 25, of Batavia, New York, a Certified Nurse Aide at Genesee County Nursing Home, for causing injury to a resident of the nursing home.

Court documents filed by the Attorney General allege that on March 27, 2013, Waclawski transferred a 100-year-old female resident suffering from dementia from her wheelchair to her bed without the assistance of another staff member, as required by the resident’s individual care plan. They further allege that once in bed, Waclawski decided to transfer the resident back to her wheelchair, again without the assistance of another staff member. Once the resident was back in the wheelchair, she fell to the floor, hitting her head on the wheelchair and sustaining a laceration and pain.

“Families who place their loved one in a nursing home should be able to take comfort in knowing that they’ll receive the best care possible. By ignoring her patient’s care plan and then failing to seek medical attention for her when she fell, Sarah Waclawski showed blatant disregard for the health and safety of her patient,” Attorney General Schneiderman said. “My office will continue to prosecute cases like this to the fullest extent and send the message, loud and clear, that this conduct will not be tolerated.”

According to the felony complaint, without seeking medical assistance or advising a supervisor of the fall to conduct a nursing assessment, Waclawski enlisted the help of another aide to place the resident back into bed and then left the room. Approximately 15 to 20 minutes later, Waclawski reentered the room and observed blood on the resident’s pillow. Almost one hour later, a nurse came into the resident’s room and observed Waclawski wiping the resident’s head. The nurse also observed that several used wipes had what appeared to be blood on them. At no time prior to the nurse entering the resident’s room did Waclawski seek medical assistance for the resident.

Waclawski was charged with one count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E felony, which carries a maximum prison term of four years. She was arraigned in Batavia City Court before the Honorable Robert Balbick and entered a plea of not guilty. She was released on her own recognizance and is due back in court on March 4, 2014. 

The prosecution is being handled by Special Assistant Attorney General Thomas N. Schleif, under the supervision of Regional Director Gary A. Baldauf and Amy Held, acting director of the Medicaid Fraud Control Unit. The investigation was conducted by Investigator Janice Boyd, under the supervision of Supervising Investigator Kathleen Donahue.

The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty in a court of law.

Only four players in the history of the Notre Dame basketball program have ever scored 1,000 points in their careers.

Make that five.

Tim McCulley added to his already impressive athletic resume by scoring his 1,000th career point Monday night in a victory over Alexander, 52-32.

“People don’t realize how hard it is to score 1,000 points in high school,” said Notre Dame Head Coach Mike Rapone. “To get 1,000 points shows that he’s been steady and consistent.”

McCulley joins his uncle, Tom McCulley, Mark Wadams, Jeff Weaver, and his father, Mike McCulley -- who is currently just one point ahead of his son -- in the 1,000-point club.

“It’s a great feeling to have a father and son both play for you and go over 1,000 points,” Rapone said. “There’s something in the McCulley genes that they can all shoot. I’m sure Mike is as proud as any father could be right now.”

The senior guard was just nine points shy of the 1,000 mark at the start of the contest, and he got within a point at the end of the first quarter.

Then just 20 seconds into the second quarter, McCulley caught a back-door alley-oop from Jason Hart to eclipse the hallowed accomplishment.

“It's a great accomplishment,” Tim McCulley said. “Only five players have scored 1,000 points at Notre Dame. I’m just glad to be a part of it. It’s a milestone I never thought I’d hit.”

It was not a superb shooting night as a team for the Fighting Irish, but McCulley still managed a strong outing, finishing with 24 points, 10 rebounds and three blocks.

“Alexander was physical and played hard,” Rapone said. “They got on the boards and gave us all we wanted.”

Caleb Nellis had a solid night for Notre Dame (12-3), scoring 13 points and grabbing eight rebounds.

Tyler Laird paced Alexander (7-7) with eight points and 15 rebounds.

Batavia's Bed, Bath & Beyond, damaged by fire Jan. 27, has been cleared of all its stock and today work crews were pulling from the store every last bit of fixture, shelving and even wall.

Smoke odor still permeated the entry way.

A manager said she doesn't know when the store will reopen. She said she didn't know when new stock would arrive. Asked if employees had been offered jobs at other locations, she said we would have to call the corporate office.

We called the corporate office this afternoon and have not yet gotten a response.

A three-vehicle accident, which is blocking traffic, is reported at 7797 Oak Orchard Road. A tractor-trailer, SUV and van are involved. Two Mercy ambulances are called in. Extrication of a patient in the van will be required. Town of Batavia fire is responding along with mutual aid from Elba's rescue unit. Elba Fire Police are asked to shut down southbound traffic at Daws Corners and northbound Route 98 traffic will be shut down at West Saile Drive.

UPDATE 4:02 p.m.: The patient from the van has been extricated.

UPDATE 6:25 p.m.: The Town of Batavia's assignment is back in service. At least one person was taken to UMMC -- an adult female with a small puncture wound on her lower leg.

Exclusively at Council Opticians, we are excited to showcase the new 2014 Tiffany Eyewear Collection. Well known for their quality, elegance, and use of Austrian crystals, here are 4 exciting new designs out of many featured here in our Batavia office. We invite you to visit us here and browse our large selection of quality eyewear.

The brother of a man already sent to prison for stealing high voltage hire from businesses in Le Roy has a chance to avoid a prison term after pleading guilty today to possession of stolen property.

Dustin Nicometo entered his plea in County Court in satisfaction of two felony indictments against him that included burglary and grand larceny counts.

Nicometo, now a Bernville, Pa., resident could be sentenced in April to an intermittent jail term followed by a period of probation as part of the plea deal.

The 26-year-old man will need to abide by the terms of his release under supervision until his sentencing date in order to preserve the deal.

On Jan. 21, Michael Nicometo was sent to state prison for at least three and a half years and ordered to pay $86,017.57 in restitution to Dolomite and Troy Manufacturing.

Dustin Nicometo admitted to possessing wiring and equipment from the Troy job, but when asked if he knew the items were stolen at the time, Dustin Nicometo told Judge Robert Noonan, "no."

Noonan asked him why he was pleading guilty if he didn't know the items were stolen.

Nicometo said he didn't know the items were stolen and after a little more back and forth, Noonan explained that in order for him to plead guilty he had to admit that either he knew the items were stolen or he had a reason to believe the items were stolen and Nicometo agreed that he had a reason to believe the items were stolen.

With the sun out this morning, I went for a short drive out to the Bethany area thinking, "the sun before the storm."

Our previous winter storm watch has been upgraded to a warning and between tonight and tomorrow night, we could get up to 10 inches of snow.

Heading down Clipnock Road, I spotted a group of trainers working out harness racing horses.

Bottom picture, a broken barn door on Transit Road.

Logan R. Evans, 22, of East Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and moved from lane unsafely. Evans was arrested following an investigation by officers Stephen Cronmiller and Matthew Lutey into an accident at 1:06 a.m. Saturday in the area of 23 Jackson St., Batavia.

Jacob S. Martino, 29, of Drake Street, Oakfield, was arrested on a warrant for alleged parking on city streets between 2 a.m. and 6 a.m. Martino turned himself in on the warrant. He posted bail and was released.

Amanda Marie Bowles, 28, of Williams Street, Batavia, was arrested on a bench warrant. Bowles was arrested by Batavia PD and turned over to the Sheriff's Office. Bowles was jailed on $100,000 bail.

Batavia officially became a city on January 1, 1915 after having been an incorporated village since 1823. The transition involved a progression through several steps during 1914. During 2014, I will be recalling each of these events 100 years after their occurrence.

In the early 1900s, village leaders appointed a Charter Review Commission for the purpose of drawing up a city charter proposal. Despite several submissions to the State, the Commission’s proposal consistently failed to gain the necessary State approval. The matter came to a head early in 1914. On this day, 100 years ago, the Village of Batavia aldermen, the equivalent of today’s City Council, unhappy with the Commission’s work, offered a competing proposal.

One reason for the failure of the Commission’s proposal to receive State approval had been lobbying by certain Village aldermen against specific parts of the proposal that caused them displeasure. Those parts included the elimination of wards, the elimination of political parties, the election of councilmen solely at large, and the creation of a city manager position. Political pundits predicted that the Board of Aldermen’s proposal would have none of these features.

The pundits were right. The aldermen’s charter proposal, made public 100 years ago today, not only retained wards, but increased them from five to six. It retained political affiliations, featured a strong mayor, and doubled Batavia’s representation on the County’s Board of Supervisors. It also had a particularly novel feature. Under the aldermen’s proposal, if at least 25 percent of the voters petitioned for enactment of a particular ordinance, the Common Council had to either adopt the ordinance or submit it to a vote by city residents.

In a move surprising some, the aldermen promised to put their proposal to a straw vote of residents just six days hence. Next week, I will provide another news release, this time revealing the outcome of that vote.